Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 11, 1982 and adjourned Saturday, March 26, 1982, volume I

Compiler's Note
The Journal of the Senate for the regular session of 1982 is bound in two separate volumes. Volume II also contains the extraordinary session of 1982 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 11, 1982 and adjourned Friday, March 26, 1982
VOLUME
1982 Atlanta, Georgia

OFFICERS
OF THE
STATE SENATE
1982
ZELL MILLER ...................... President (Lieutenant Governor)
TOWNS COUNTY
AL HOLLOWAY. ........................... President Pro Tempore
DOUGHERTY COUNTY
HAMILTON McWHORTER, JR ................ Secretary of the Senate
OGLETHORPE COUNTY
MARVIN W. "CAP" HICKS. ........................... Doorkeeper
FLOYD 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
ROBERT F. EWING .......................... Assistant to Secretary
DeKALB COUNTY
AGNES DOSTER. ................................. Enrolling Clerk
GWINNETT COUNTY
CLARA BASKIN. ................................. Bill Status Clerk
FULTON COUNTY
SARAH BROWNE.............................. Assistant Bill Clerk
FULTON COUNTY
LINDA THOMPSON. .............................. Calendar Clerk
CLAYTON 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.... Mableton

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 Coleman, 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.... Decatur

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

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

Senators

District Address

Joseph E. Kennedy ......................... 4th. . . . Claxton

Culver Kidd ............................. 25th.. . . Milledgeville

TedJ. 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.. . . Moultrie

Horace E. Tate ........................... 38th. . . . Atlanta

Joe Thompson ........................... 32nd.. . . Smyrna

J. Hodge Timmons ........................ 11th.. . . Blakely

PaulH. 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

Wendell T. Anderson, Sr............... 8, Post 3. ...... Canton

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

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

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

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

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

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

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

Forest Hays, Jr....................... 1, Post 2. ...... Chattanooga

8

Name

District Address

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 Patrick E. (Pat) Montgomery .......... 16 ............ Rome Lundsford Moody.................. 138, Post 1. ...... Baxley James C. Moore. ................... 152, Post 1. ...... West Green

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 Barron 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 RalphTwiggs ....................... 4, Post 2. ...... Hiawassee Doug Vandiford .................... 53 ............ Avondale
Estates Clarence R. Vaughn, Jr. .............. 57 ............ Conyers Monty Veazey. .................... 146, Post2. ...... 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
I
Senate Chamber, Atlanta, Georgia Monday, January 11,1982 First Legislative Day
The Senators of the General Assembly of Georgia for the years 1981-1982 met irsuant to law in regukr session in the Senate Chamber at 10:00 o'clock A.M. this ly, and were called to order by Lieutenant Governor Zell Miller, President of the ?nate.
Lieutenant Governor Miller introduced the chaplain of the day, Reverend An;ew Young, Mayor of the City of Atlanta, who offered scripture reading and ayer.

. The President called for the morning roll call, and the following Senators ; iswered 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 Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tare Thompson Timmons Turner Tysinger Walker Wessels

Those not answering were Senators:

Coverdell (excused)

Reynolds

Trulock

The following copy of a communication from His Excellency, Governor George usbee, to Honorable Zell Miller, President of the Senate, was received and read by
ie Secretary:

14

JOURNAL OF THE SENATE

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 22, 1981
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 43, 69, 157 and 353 which were passed by the General Assembly of Georgia at the 1981 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
Enclosures cc: Honorable Thomas B. Murphy, Speaker, House of Representatives
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Arthur K. Bolton, Attorney General Honorable David B. Poythress, Secretary of State

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 22, 1981
Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 58, 130, 377, 432, 639, 1021, 1063 and 272 which were passed by the General Assembly of Georgia at the 1981 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

MONDAY, JANUARY 11, 1982

15

Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Arthur K. Bolton, Attorney General Honorable David B. Poythress, Secretary of State
Veto No. 1 S.B. 43 by Senator Barnes of the 33rd.
Senate Bill 43 and House Bill 101 accomplish the same objectives and are practically verbatim in their textual content. The authors of both bills have consulted and arrived at the mutual decision that House Bill 101 is the more preferable bill to accomplish the technical amendments necessary to amend the Uniform Commercial Code to redefine the term "public sale". Therefore, the author of Senate Bill 43 requested that I sign into law House Bill 101 and veto Senate Bill 43.1 have done so.
Veto No. 2 S.B. 69 by Senator Coverdell of the 40th.
Senate Bill 69 would make an employer who is engaged in the business of operating taxicabs liable for the actions of an independent contractor who intentionally causes unlawful detention, injuries or damages to other persons or property. Presumably the employer would remain insulated from the responsibility for the tortuous conduct of the contractor if the negligence of the contractor is not intentional. To place upon an employer the responsibility to respond to injuries occasioned by an independent contractor who is not subject to the immediate direction and control of the employer is a proposition which in certain limited instances the General Assembly has addressed and found to be in the public interest. However, to require the employer to bear the burden of responding to the intentional tortuous conduct of an independent contractor is an unconscionable burden to place upon the employer. Regardless of the care, prudence and sound judgment which might be exercised by the employer in selecting his contractor, it is a burden far too onerous to place upon the employer the requirement to possess the clairvoyance which is required to determine that the contractor will not under any of the myriad circumstances in which the contractor will be operating that he will not intentionally commit tortuous acts. There is an overwhelming presumption that ordinary men of good will would not intentionally injure their fellow citizens. The insurance industry in general, for reasons of sound public policy, will not insure against intentional torts. An employer engaged in the taxi business would not only be required to respond for damages caused by contractor operating one of the employer's vehicles, but to all intentional damages caused by an independent contractor employed in any capacity by the employer. It is not in the public interest to require an employer to bear the responsibility of meeting damages occasioned by the willful and intentional conduct of a contractor who is not subject to the immediate direction or control by the employer.
Veto No. 3 S.B. 157 by Senator Sutton of the 9th.
Senate Bill 157 amends the Employees' Retirement System of Georgia to:

16

JOURNAL OF THE SENATE

1) transfer all creditable service acquired under the Georgia Legislative Retirement System to the Teachers' Retirement System or Employees' Retirement System at such time as a former member of LRS is employed in a position which is covered by TRS or ERS.
2) authorize a member of ERS to purchase service credits for active duty rendered in the armed forces of the United States at any time from January 1, 1954 until January 1, 1956.
3) remove the 4Vz percent maximum assumption for rates of interest earnings which are used in actuarial computations by the retirement system board of trustees.
4) permit otherwise mandatory retirement ages to be waived by the Board of Natural Resources for a conservation ranger in order to permit the ranger to accumulate 27 years of total creditable service in lieu of the presently imposed 25 year limit.
Three separate and distinct legal problems with the bill have been called to my attention. The first problem concerns the failure of the General Assembly to incorporate within the title of the bill the necessary language to cover the provisions which provide for the transfer of legislative service into TRS. The second problem concerns the implications of Section 1 which effect changes within three separate and distinct retirement systems which are the creatures of three separate and distinct acts of the General Assembly. The final legal deficiency concerns itself with the allegations that the General Assembly failed to observe and follow its own rules of legislative procedure and the possible violation of certain statutory requirements during the legislative processes leading to the enactment of Senate Bill 157.
In my opinion, none of the legal deficiencies standing alone are of sufficient magnitude to lead me to conclude that we have a patently unconstitutional bill which would demand an executive veto.
The service credit for military service provisions would result in an estimated unfunded liability to the system of approximately 14.7 million dollars. The fiscal impact of Section 1 has been impossible to determine. The remaining provisions of the bill have little or no adverse fiscal impact upon the systems.
There is nothing novel or unique about ERS permitting legislative service to achieve creditable service for ERS retirement purposes. In 1971, all 261 members of the General Assembly who were members of LRS were transferred by operation of law into ERS and received under ERS as creditable service, year for year, that time which was acquired by the member as creditable service under LRS. From 1971 until now, and in the future, each member of the General Assembly who is a member of ERS receives credit for each year of service which he accumulates as a member of the General Assembly. Prior to 1971, former members of the General Assembly who subsequently became members of ERS, pursuant to legislative enactments, have been permitted to receive creditable service for their time spent as a member of the General Assembly.

MONDAY, JANUARY 11, 1982

17

I have received several communications from members of the General Assembly subsequent to the enactment of the bill requesting that I exercise my veto authority, notwithstanding the fact that the legislator had approved of the bill at the time of his vote explaining that at the time he voted for the bill, he did not understand that the proposal would authorize legislative service to become creditable service under ERS or TRS. It is difficult to sustain this lack of understanding on the basis that the language of the bill is confusing or misleading because such is not the case. The provisions of Section 1 in very simple, precise and declarative, English statements make it plain and unambiguous that precisely the effect of Section 1 is to authorize such service transfers. What is not clear and readily ascertainable from reading the provisions of Section 1 is the very distinct possibility that if Senate Bill 157 is allowed to become law a member of the General Assembly who later becomes employed in a position covered by ERS or TRS, if his retirement benefits have become vested under LRS, could reap the benefits of both LRS and ERS or TRS by using that time expended as a member of the General Assembly as creditable service under each of the two systems.
The policy implications raised by the possibility of "double dipping", in all fairness to the members of the General Assembly on each side of the question, did not become an important issue until after enactment and resulted only then from the benefit of sufficient time which allowed reflective analysis of the implications. This opportunity was not available to the General Assembly. A veto based solely on the policy issue of allowing legislative service to be transferred into other retirement systems cannot be sustained upon past historical policy decisions of former General Assemblys and Governors. History reveals many instances of such policy executions without the public outrage now being experienced.
Because of the uncertainty of the implications of Section 1 of the bill, I will not allow the bill to become law and perpetuate this uncertainty as to the status of vested retirement benefits under LRS and which most assuredly will necessitate litigation ultimately to resolve this uncertainty. I do not foresee any irreparable injury which will result if an opportunity to carefully review each policy objective sought to be accomplished by Senate Bill 157 is postponed until the next session of the General Assembly.
Veto No. 4 S.B. 353 by Senator Littlefield of the 6th.
Senate Bill 353 is a local bill affecting only Camden County. Subsequent to the passage of Senate Bill 353, additional legislation accomplishing the objectives sought by Senate Bill 353's passage was adopted in more preferable form. Accordingly, pursuant to the request of the author of Senate Bill 353,1 have vetoed this bill.
Veto No. 5 H.B. 58 by Representative Johnson of the 66th.
House Bill 58 would require that persons 65 years of age or older who do not desire to serve upon juries must notify the jury commissioners in writing of such fact and their names would then be removed from the jury list. Presently, the name of a person 65 years of age or older is removed from the jury list unless the jury commissioners are notified

18

JOURNAL OF THE SENATE

in writing that such an individual desires to serve upon juries. I am concerned that many of our citizens who are 65 years of age or older who do not care to serve upon juries will not be sufficiently aware that affirmative action is required to prevent them from being summoned for jury duty. If a burden of notification is to be imposed, I prefer that those actively desiring to serve bear the burden. I am in sympathy with the desire of the author of House Bill 58 to facilitate and encourage the service of our most experienced and wise citizens as jurors. In discussing my concerns with this legislation with the author, I have been informed that if my concerns should result in my disapproval of the bill, he intends to sponsor legislation at the next session of the General Assembly designed to facilitate the notification processes necessary to have the names of persons 65 years of age and older desiring to serve on juries placed on the jury list. In my judgment, such an approach to the problem is preferable to the solution embraced in House Bill 58. Accordingly, I have vetoed the bill.
Veto No. 6 H.B. 130 by Representatives Thomas of the 66th, Lawson of the 9th, Fuller of the 16th and others.
House Bill 130 provides that the operator of a motor vehicle owes to his passengers the duty to exercise ordinary care for their safety. I question the wisdom of any proposal which could result in requiring that a single degree of care is applicable to all passengers of motor vehicles regardless of the status of the operator and without regard to the paying status of the passenger. Presently operators of motor vehicles transporting passengers for hire must exercise extraordinary diligence to protect the lives and persons of their passengers, such as school children. For sound reasons of public property, Georgia has required those who voluntarily choose to earn their livelihood by engaging in the business of transporting for compensation passengers to be inordinately attentive to the safety of those who have entrusted the care of their persons and property to the carrier. Conversely, a guest passenger who bears no portion of the burden of the responsibility for his transportation can recover only those damages which he suffers as a result of the conduct of a grossly negligent operator of a motor vehicle. I support the longstanding differential treatment prescribed by case and statutory law for paying and nonpaying passengers within motor vehicles. I see no reason to permit this demonstrated, good, public policy to be altered. Therefore, I have vetoed House Bill 130.
Veto No. 7 H.B. 377 by Representatives Snow of the 1st, Walker of the 115th, Evans of the 84th and others.
House Bill 377 would authorize a district attorney or solicitor to enter a nolle prosequi in any pending indictment or accusation except during those periods of time in which it has been determined that the prosecuting official will not succeed himself without the necessity of securing the consent of the court. Presently a nolle prosequi may be entered only after an examination of the case has been conducted in open court and the court has consented to its entry. It is my belief that the present law is an important aspect of the checks and balances system of our government and constitutes an integral part of those procedures which contribute immeasurably to the degree of confidence in which our judicial

MONDAY, JANUARY 11, 1982

19

processes are held by the public. The present system has operated well for more than 100 years. I am not persuaded that a change allowing a unilateral decision of dismissal would be in the best interests of the public. Therefore, I have vetoed House Bill 377.
Veto No. 8 H.B. 432 by Representatives Colwell of the 4th, Mullinax of the 69th, Twiggs of the 4th and others.
House Bill 432 as originally introduced simply permitted corporate officers of a corporation to elect noncoverage of workers' compensation insurance. Separate and distinct legislation (Senate Bill 379) was proceeding through the legislative process which was designed to amend the Insurance Code to make applicable to workers' compensation insurance the open competition rating concept which is in place for insurance ratemaking purposes for fire and casualty insurance. At the closing stages of the General Assembly session, in anticipation of the passage of Senate Bill 379, House Bill 432 was amended to conform the workers' compensation title to the proposed changes contemplated to be brought about by the passage of Senate Bill 379. However, Senate Bill 379 did not pass. Without the necessary mechanics found within Senate Bill 379, I am informed by the Insurance Commissioner that if House Bill 432 were allowed to become law, the ability of the Insurance Department to regulate workers' compensation rates would be seriously undermined. For this reason, I have vetoed House Bill 432.
Veto No. 9 H.B. 639 by Representatives Dent of the 85th and Cheeks of the 89th.
House Bill 639 amends the Act which created the Augusta-Richmond County Coliseum Authority to delete therefrom the power of the Authority to sue and be sued. Additionally, the bill declares that the General Assembly reaffirms the proposition that the doctrine of sovereign immunity is applicable to the Authority. The General Assembly has created by legislative enactment literally hundreds of authorities in order to bring to fruition projects which the State or its political subdivisions could not otherwise execute or carry out with the degree of facility which an authority's capabilities permitted. In order to permit these activities, it has been paramount that it be abundantly clear that the particular authority is not the alter ego of the State or is not the alter ego of one of the State's political subdivisions. Otherwise, the flexibility of the authority's powers and duties could be limited by many of the restrictions which are applicable to the State, its agencies and political subdivisions. To permit a declaration by the General Assembly to become enshrined in the State's statutory law that the applicability of the doctrine of sovereign immunity to this particular Authority is reaffirmed has unfathomed implications which could be adverse to the interests of all authorities. I cannot permit this uncertainty to jeopardize the various projects being operated by hundreds of authorities. Therefore, I have vetoed House Bill 639.
Veto No. 10 H.B. 1021 by Representatives Burruss and Aiken of the 21st, Darden and Wilson of the 19th.
House Bill 1021 is a local bill affecting only Cobb County. After its passage, it was discovered that House Bill 1021 would accomplish

20

JOURNAL OF THE SENATE

unintended changes. Therefore, pursuant to the request of the delegation representing Cobb County, I have vetoed House Bill 1021.
Veto No. 11 H.B. 1063 by Representatives Childs of the 51st, Burton of the 47th, Hawkins of the 50th and others.
House Bill 1063 was one of a series of bills updating the population figures of certain "population acts". In updating the population figures for one county affected by House Bill 1063, another county was inadvertently excluded. Therefore, pursuant to the request of the author of House Bill 1063,1 have not allowed the bill to become law.
Veto No. 12 H.B. 272 by Representative Murphy of the 18th.
House Bill 272 would provide that an applicant for certification as a peace officer would not be disqualified by virtue of the fact that the applicant had been convicted of a felony if the applicant has received a pardon for the crime for which he was convicted.
The democratic processes of this Nation and State are no more nobly or appropriately illustrated than through the observance of the legislative process. It is through these processes, in a forum composed of a widely representative and diverse body, that the people's will is determined. It is through these processes that a proposal which is the subject matter of a bill or resolution is probed, evaluated, and debated and perfected. It is within this crucible of the committee system, of free and open floor debate, that proposals which are not worthy are rejected, that proposals which are commendable but flawed are perfected and honed to the fine cutting edge required of all proposals which will become the stated public policy of this State.
House Bill 272 represents no better example or more dramatically illustrates the failure of the legislative process to function as it is intended and in a manner in which it must operate if the people's interest is to be adequately adhered to by the General Assembly of Georgia. The General Assembly is the voice of the people and represents the collective wisdom of this State's citizens. House Bill 272 received one negative vote and 191 affirmative votes in the General Assembly. No other measure passed by the General Assembly which is before me has received a larger negative response from the public in general and from the law enforcement community in particular. I can state that, judging by my mail, it is the most disfavored bill or resolution which I have had under consideration. If any law enforcement or criminal justice agency supports House Bill 272,1 am not aware of it. My impression, gleaned from my mail, leads me to believe that the law enforcement community unanimously disapproves of the concept of House Bill 272. To my knowledge, local government officials have no other opinion for this legislation other than of a negative nature.
It is a disservice to the proponent of any legislative proposition that he be denied the opportunity to profit from the views and suggestions of those who find fault with the merits of his proposal. It is a disservice to the people of this State also that only after a bill has completed its travels through two substantive committees of the General Assembly charged with reviewing and perfecting legislation dealing with issues of public

MONDAY, JANUARY 11, 1982

21

safety, and then after scrutiny and debate by all 236 of the people's elected representatives, that the public's view of the legislation which is now so universally banned as unwise, led only one member of the General Assembly to express a negative response to this proposal. The bill passed with no amendments offered or accepted.
I have shared public service with the author of this bill for more than twenty years. I do not believe for one moment that the expressions of almost universal opposition to the solution which he deemed to be correct and appropriate for the perceived problem would have gone unheeded if he had been made aware of the degree of disfavor in which his proposal was held. The author determined that in fact the present processes for the administration of the certification of peace officers permits convicted felons, who are artful enough to conceal their convictions, to be certified as acceptable peace officers. Those applicants lacking such artfulness cannot be certified. He proposed a solution to the problem. His fellow legislators tested the winds of public opinion and then embraced his suggested solution without change or opposition.
I now must judge the merits of the bill possessed with the knowledge which I have of its public acceptance. I am persuaded that the approach suggested by House Bill 272 to the problem is not the best solution to a very real problem which has been brought to the public's attention by the author of this bill. I believe that it is imperative that the people continue to enjoy the highest regard for, and continue to repose the highest confidence in, the integrity and professional capabilities of those who are charged with the responsibility to protect their lives and property from the criminal element. If I were to sign House Bill 272, I am convinced that the public's confidence in their law enforcement personnel and sense of security would be seriously undermined. Therefore, I have vetoed House Bill 272 with the hope that a more appropriate solution to a very real and present problem will be found at the next session of the General Assembly.

The following resolution of the Senate was read and put upon its adoption:
SR 217. By Senators Eldridge of the 7th, Holloway of the 12th and Allgood of the 22nd: A RESOLUTION
Adopting the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that except as hereinafter provided the Rules of the Senate in force at the adjournment of the regular session of the General Assembly in 1981 are hereby adopted as the Rules of the Senate for the regular 1982 session of the General Assembly.
BE IT FURTHER RESOLVED that Senate Rule 100 is hereby amended by adding a new paragraph at the end thereof to read as follows:
"During the 1982 regular session, any general bill passed by the Senate which has a substitute or amendment adopted thereto which was not offered by the committee from which the bill was reported

22

JOURNAL OF THE SENATE

shall be automatically subject to reconsideration at the proper time in the manner provided in Senate Rule 99. No notice of motion to reconsider shall be required under this paragraph. This paragraph shall not apply to any appropriations bill nor to any substitute or amendment thereto."
BE IT FURTHER RESOLVED that Senate Rule 121 is hereby amended by adding a new paragraph at the end thereof to read as follows:
"During the 1982 regular session, no general bill and no substitute or amendment thereto, which has not been drafted or approved by the Office of Legislative Counsel, shall be accepted on any committee report. This paragraph shall not apply to any appropriations bill nor to any substitute or amendment thereto."
BE IT FURTHER RESOLVED that Senate Rule 153 is hereby amended by adding a new paragraph at the end thereof to read as follows:
"A substitute offered by a committee must be disposed of before any other substitute can be considered. No substitute can be offered to another substitute."

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond 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 Holloway Horton Howard Kennedy Lester Littlefield McGill

McKenzie Reynolds Scott Starr Stephens Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard Brannon Brantley Hill

Hudgins Hudson Kidd Land

Robinson Stumbaugh Tate

Not voting was Senator Coverdell (excused).

MONDAY, JANUARY 11, 1982

23

On the adoption of the resolution, the yeas were 44, nays 11.

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

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

HR 502. 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 of Representatives has convened.

HR 503. 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 appointed as a Committee of Notification on the part of the House the following members thereof:
Representatives Aaron of the 56th, Bishop of the 94th, Bolster of the 30th, Childs of the 51st, Couch of the 43rd, Cummings of the 17th and Home of the 104th.

HR 506. 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 Beck of the 148th, Chambless of the 131st, Darden of the 19th, Ham of the 80th, Jackson of the 9th, Lord of the 105th and Phillips of the 125th.

HR 507. 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.

24

JOURNAL OF THE SENATE

The Speaker has appointed as a Committee of Escort on the part of the House the following members thereof:
Representatives Branch of the 137th, Fuller of the 27th, Oliver of the 121st, Russell of the 64th, Smyre of the 92nd, Thomas of the 66th and Williams of the 6th.

HR 508. By Representatives Murphy of the 18th, Harris of the 8th, Collins of the 144th and Snow of the 1 st: A resolution relative to adjournment.
The following resolution of the Senate was read and put upon its adoption:

SR 218. 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.

On the adoption of the resolution, the yeas were 42, nays 0.

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

The following resolution of the House was read and adopted:
HR 503. 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 President appointed as a Committee of Notification on the part of the Senate the following:
Senators Coleman of the 1st, McKenzie of the 14th, Walker of the 19th, English of the 21st, Garner of the 30th, Dean of the 31st and Engram of the 34th.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 459. By Senators Sutton of the 9th and Trulock of the 10th:
A bill to amend Code Section 67-2001, relating to creation of liens for work done and materials furnished, as amended, so as to make the provisions of said Code section applicable to services furnished by professional foresters. Referred to Committee on Natural Resources and Environmental Quality.

MONDAY, JANUARY 11, 1982

25

SB 460. By Senator Barker of the 18th:
A bill to amend Code Title 91A, known as the Georgia Public Revenue Code, as amended, so as to empower certain representatives of the Commissioner to make summary arrests of persons knowingly and wilfully obstructing or hindering such officers in the lawful discharge of their official duties; to empower such officers to carry weapons.
Referred to Committee on Public Safety.

SB 461. By Senator Barker of the 18th:
A bill to amend Code Chapter 27-30, providing for restitution by criminal offenders to their victims, as amended, so as to provide bonding requirements in certain cases where restitution is ordered; to provide for liens, cancellation, and forfeiture of such bonds.
Referred to Committee on Special Judiciary.

SB 462. By Senator Deal of the 49th:
A bill to protect trade and commerce against unreasonable restraints of trade, monopolization, and unfair methods of competition. Referred to Committee on Special Judiciary.

SB 463. By Senators Howard of the 42nd, Barnes of the 33rd and Trulock of the 10th:
A bill to amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to make certain activities unlawful; to provide a penalty.
Referred to Committee on Judiciary.

SB 464. By Senators Turner of the 8th and Wessels of the 2nd:
A bill to amend Code Title 56, known as the Georgia Insurance Code, so as to amend the standard valuation and nonforfeiture laws; to provide an effective date. Referred to Committee on Banking, Finance and Insurance.

SB 465. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to repeal Code Title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act'', as amended. Referred to Committee on Public Safety.

26

JOURNAL OF THE SENATE

SB 466. By Senator Summers of the 53rd:
A bill to amend Code Section 45-302, relating to hunting and fishing licenses, as amended, so as to provide that honorary hunting and fishing licenses may be issued without charge to residents of the State of Florida; to provide effective dates.
Referred to Committee on Natural Resources and Environmental Quality.

SB 467. By Senators Bell of the 5th and Engram of the 34th:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for a Special Investigative Grand Jury with state-wide jurisdiction; to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide for the same changes described above.
Referred to Committee on Judiciary.

SR 219. By Senators Allgood of the 22nd, Holloway of the 12th and Eldridge of the 7th:
A resolution to amend Senate Resolution 3 of the 1981 session, relative to officials, employees, and committees in the Senate. Referred to Committee on Rules.

SR 220. By Senators Hill of the 29th, Garner of the 30th, Barnes of the 33rd and others:
A resolution proposing an amendment to the Constitution so as to extend the time limit for regular sessions of the General Assembly to 60 days and to provide that no bills may be introduced during the first ten days of each session except bills to repeal existing laws; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Rules.

The following resolution of the House was read the first time and referred to committee:
HR 253. By Representative Long of the 142nd: A resolution to compensate Mrs. Sue H. Collins on behalf of Michael H. Collins in the amount of $280.00.
Referred to Committee on Appropriations.
Lieutenant Governor Miller, President of the Senate, introduced the doctor of the day, Dr. James Kaufmann, who announced that Pamela Acree would be serving as the nurse in the medical aid station during the 1982 session of the General Assembly.

MONDAY, JANUARY 11, 1982

27

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

HR 506. 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 12, 1982, for the purpose of hearing the State of the State message from the Governor at 12:00 Noon.

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

Senators Allgood of the 22nd, Starr of the 44th, English of the 21st, Reynolds of the 48th, Howard of the 42nd, Holloway of the 12th and Turner of the 8th.

HR 507. 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 14, 1982, for the purpose of hearing the Budget message from the Governor at 12:00 Noon.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Bryant of the 3rd, Kennedy of the 4th, Deal of the 49th, Foster of the 50th, Dean of the 31st, Eldridge of the 7th and Reynolds of the 48th.
HR 508. By Representatives Murphy of the 18th, Harris of the 8th, Collins of the 144th and Snow of the 1st: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, January 22, 1982, and to reconvene at 10:00 o'clock A.M. on Monday, Februarys, 1982.
SR 221. By Senator Walker of the 19th: A resolution commending Mrs. Lucy Brown Coleman and Mrs. Lizzie Brown English, twin sisters, upon the celebration of their one hundredth birthday.
The President introduced Ernie Johnson, announcer for the Atlanta Braves Baseball Team, who introduced some of the team members to the Senate.

28

JOURNAL OF THE SENATE

SENATE CALENDAR Monday, January 11, 1982

SB 7. SB 191.
SB 226.
SB 250. SB 299. SB 313. SB 408. SB 418. SB 429. SR 52. SR 147. SR 168. SR 170.

Records Act--record management programs and retention schedules (S Judy--2nd)
Employees' Retirement--transfer of legislative service (SUB STITUTE) (Ret-38th)
Board of Pilotage Commissioners for Port of Savannah--number of pilots (S Judy--2nd)
Wrecker Service--provisions for business license (IL&Tou--28th)
Practical Nurses--change qualification provisions (Gov Op--46th)
Certain Written Agreements and Contracts--write in plain language (CAff-17th)
Armed Robbery--taking property of another using offensive weapon (S Judy--17th)
Hearing Officers in Utility Proceedings--cross-examination of witnesses (S Judy--26th)
Display of National Flag--in each polling place (Gov Op--52nd)
Death Penalty-relative to (SUBSTITUTE) (Off R-23rd)
Senate Committee on Long-Term Indebtedness--create (App-- 22nd)
Game and Fish Division of Natural Resources Departmentproposed salary upgrades (NREQ--20th)
Sufficiency of State Parks, Historic Sites--acquisition of land (NREQ-20th)

HB 48.
HB 55.
HB 76. HB 83. HB 84.
HB 106. HB 137.
HB 146. HB 148.

Protection of Children Reared under Immoral Conditions--repeal Code (S Judy--37th)
MARTA--acquisition or disposal of property (AMENDMENT) (C&UA-G-5th)
Employees' Retirement--change provisions on mandatory retirement age (AMENDMENT) (Ret--25th)
Cruel Treatment by Parents--repeal Code (S Judy-- 37th)
Doctors as Medical Advisers to Ambulance Service--immunity for certain conduct (Hum R--10th)
Juries--change time periods for summoning (S Judy--2nd)
Master and Contracting Plumbers--certain classes of licensure (SUBSTITUTE) (IL&Tou-45th)
Minimum Wage--increase for certain employees (IL&Tou--15th)
Self-Service Storage Facilities-define (SUBSTITUTE) (IL&Tou-41st)

MONDAY, JANUARY 11, 1982

29

HB 218. HB 248. HB 251. HB 256. HB 358. HB 371. HB 379. HB 380. HB 438. HB 454. HB 455. HB 456. HB 485. HB 530. HB 578. HB 628. HB 629. HB 634. HB 654. HB 691. HB 717. HB 732.

Prison Inmates with Outstanding Sentences--placement of detainers (Off R--52nd)
County School Superintendents--qualifications (SUBSTITUTE) (Ed-44th)
Stone Mountain Memorial Association--sale of malt beverages, wine (C Aff-36th)
Private Detective and Private Security Business--regulate (SUBSTITUTE) (Judy-26th)
Postsecondary Education Authority Act--applicability to certain colleges outside State (H Ed--54th)
Instruments Releasing a Security Agreement--execution (SJudy-6th)
Raccoons--persons owning 50 acres of land may take (NREQ-20th)
Raccoon Fur Sellers' License--provide (NREQ--20th)
Adequate Program for Education in Georgia--delay reducing special education instructional units (Ed--55th)
Corporate Takeovers--takeover bids directed at joint-stock associations (S Judy--2nd)
Shareholders--right of dissent from amendment of articles of incorporation (S Judy--2nd)
Corporate Takeovers--registration statements not for public inspection (S Judy--2nd)
Nonprofit Medical and Hospital Service Corporationsinvestments (BF&I--15th)
Alimony, Child Support, Division of Property--jurisdiction over certain nonresidents (S Judy--2nd)
Street Rods--special license plates (Trns--52nd)
Superior Court Chief Judges--limit distribution of certain reports (SJudy-8th)
Superior Court Chief Judges--limit distribution of certain session laws (SUBSTITUTE) (S Judy-37th)
Housing Authority Law--delete certain references to Housing Authority Board (C&UA-G--30th)
Income Tax--change amounts of standard deductions (BF&I-23rd)
Chatham County--no alcoholic beverage sale within 100 yards of church (C Aff-39th)
Traffic Violations--payment of cash bonds in certain cases (SJudy-2nd)
Coroners' Jurors--compensation (Hum R--40th)

30

JOURNAL OF THE SENATE

HB 774. HB 813. HB 870. HR 228.

Mobile Home--change to "manufactured home" (SUBSTITUTE) (IL&Tou-28th)
RICO (Racketeer Influenced and Corrupt Organizations) Act--racketeering violations (AMENDMENT) (S Judy--55th)
Act Providing Comprehensive Treatment of Alcoholism--change effective date (Hum R--42nd)
Health Care Cost Containment Study Committee--create (AMENDMENT) (Hum R-30th)

Senator Allgood of the 22nd moved that all bills and resolutions of the Senate and House on the Calendar be committed to the committee from which they were last reported.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the follow ing bills and resolutions were committed:
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 court; in this state.
Committed to Committee on Special Judiciary.
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.
Committed to Committee on Retirement.
SB 226. By Senators Wessels of the 2nd and Coleman of the 1 st: 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.
Committed to Committee on Special 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.
Committed to Committee on Industry, Labor and Tourism.

MONDAY, JANUARY 11, 1982

31

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.
Committed to Committee on Governmental Operations.

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. Committed to Committee on Consumer Affairs.

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.
Committed to Committee on Special Judiciary.

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. Committed to Committee on Special Judiciary.

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.
Committed to Committee on Governmental Operations.

SR 52. By Senators Lester of the 23rd, Kennedy of the 4th and Garner of the 30th:
A resolution relative to the death penalty. Committed to Committee on Offender Rehabilitation.

32

JOURNAL OF THE SENATE

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. Committed to Committee on Appropriations.

SR 168. By Senators Gillis of the 20th, Walker of the 19th and English of the 21st:
A resolution encouraging the state merit system to approve proposed salary upgrades for certain employees of the Game and Fish Division of the Department of Natural Resources and to review the salary levels of personnel in the Parks, Recreation, and Historic Sites Division of the Department of Natural Resources.
Committed to Committee on Natural Resources and Environmental Quality.

SR 170. By Senators Gillis of the 20th, Walker of the 19th, Bryant of the 3rd and others:
A resolution calling for the acquisition of land to insure a future suffi ciency of state parks, historic sites, and wildlife management areas. Committed to Committee on Natural Resources and Environmental Quality.

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. Committed 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.
Committed to Committee on County and Urban Affairs--GEN.

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. Committed to Committee on Retirement.

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. Committed to Committee on Special Judiciary.

MONDAY, JANUARY 11, 1982

33

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.
Committed to Committee on Human Resources.

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.
Committed to Committee on Special Judiciary.

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.
Committed to Committee on Industry, Labor and Tourism.

HB 146. By Representatives Mullinax of 69th, Mostiler of 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.
Committed to Committee on Industry, Labor and Tourism.

HB 148. By Representative Beck of the 148th:
A bill to define "self-service storage facilities". Committed to Committee on Industry, Labor and Tourism.

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 out standing sentences.
Committed to Committee on Offender Rehabilitation.

34

JOURNAL OF THE SENATE

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.
Committed to Committee on Education.

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.
Committed to Committee on Consumer Affairs.

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. Committed to Committee on 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.
Committed to Committee on Higher Education.

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. Committed to Committee on Special Judiciary.

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.
Committed to Committee on Natural Resources and Environmental Quality.

MONDAY, JANUARY 11, 1982

35

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. Committed to Committee on Natural Resources and Environmental Quality.

HB 438. By Representatives Richardson of the 52nd, Hawkins of the 50th, Cummings of the 17th and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to provide for delays in reductions of additional special education instructional units.
Committed to Committee on Education.

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.
Committed to Committee on Special Judiciary.

HB 455. By Representative Snow of the 1 st:
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. Committed to Committee on Special Judiciary.
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 the records made therein, except in specified cir cumstances. Committed to Committee on Special Judiciary.

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.
Committed to Committee on Banking, Finance and Insurance.

36

JOURNAL OF THE SENATE

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.
Committed to Committee on Special Judiciary.

HB 578. By Representatives Anderson and Hasty of the 8th and Long of the 142nd:
A bill to amend an Act providing for the issuance by the State Revenue Commissioner of special license plates for antique vehicles, so as to pro vide for definitions; to provide for the issuance of special license plates for street rods.
Committed to Committee on Transportation.

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.
Committed 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 certain session laws.
Committed to Committee on Special Judiciary.

HB 634. By Representatives Johnson of the 66th, Townsend of the 24th, Oliver of the 121 st and Hamilton of the 31 st:
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.
Committed to Committee on County and Urban Affairs--GEN.

HB 654. By Representatives Burruss of the 21st, Castleberry of the 111th, Collins of the 144th and others:
A bill to amend Code Section 91A-3607, relating to taxable net income, so as to change the amounts of the standard deductions allowed to tax payers.
Committed to Committee on Banking, Finance and Insurance.

MONDAY, JANUARY 11, 1982

37

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.
Committed to Committee on Consumer Affairs.

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. Committed to Committee on Special Judiciary.

HB 732. By Representative Jones of the 126th:
A bill to amend the "Georgia Post Mortem Examination Act", so as to change the maximum and minimum compensation of coroners' jurors. Committed to Committee on Human Resources.

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".
Committed 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.
Committed to Committee on Special Judiciary.

HB 870. By Representative Richardson of the 52nd:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, so as to change the date on which the provi sions of the act become effective. Committed to Committee on Human Resources.

38

JOURNAL OF THE SENATE

HR 228. By Representatives Phillips of the 125th and Scott of the 123rd:
A resolution creating the Health Care Cost Containment Study Commit tee. Committed to Committee on Human Resources.

Senator Trulock of the 10th filed the following statement with the Secretary of the Senate to be incorporated in the Journal:

Mr. President:

I protest being counted absent at the morning roll call of the Senate on Monday, January 11,1982, for the following reason:
Due to the fact that on the eve of the opening of the 1982 Session of the Georgia General Assembly the predicted low was 10 degrees F., I had to leave all faucets dripping, take in the wood, get out the quilts. After performing all of these duties I was only 30 minutes late for the opening bell. This is my formal protest under Rule 66 to being counted absent.
Is/ Paul H. Trulock

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

TUESDAY, JANUARY 12, 1982

39

Senate Chamber, Atlanta, Georgia Tuesday, January 12, 1982 Second Legislative Day

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 468. By Senators Gillis of the 20th, McGill of the 24th, English of the 21st and others:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving tractors and farm equipment; to provide a policy statement; to provide definitions; to provide for ap plicability; to provide that certain conduct is unlawful; to prohibit certain conduct and transactions.
Referred to Committee on Agriculture.

SB 469. By Senator Timmons of the 11th:
A bill to amend an Act reincorporating the City of Donalsonville so as to change the fine which can be imposed in the recorder's court. Referred to Committee on County and Urban Affairs.

SB 470. By Senators Thompson of the 32nd, Barnes of the 33rd and Stumbaugh of the 55th:
A bill to amend Code Section 26-3102, relating to capital offenses, jury verdicts and sentences, as amended, so as to provide that a person may be sentenced to life imprisonment without parole under certain condi tions; to provide that life imprisonment without parole shall not be im posed unless at least one statutory aggravating circumstance is found by the jury; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Judiciary.

40

JOURNAL OF THE SENATE

SB 471. By Senators Thompson of the 32nd and Barnes of the 33rd:
A bill to amend Code Section 5A-507, prohibiting sales of alcoholic beverages on Sundays and elections days, as amended, so as to change certain population brackets; to amend the Official Code of Georgia An notated accordingly.
Referred to Committee on County and Urban Affairs.

SB 472. By Senators Thompson of the 32nd and Barnes of the 33rd:
A bill to repeal the "Georgia Motor Vehicle Emission Inspection and Maintenance Act", as amended; to provide for effective dates. Referred to Committee on Public Safety.

SB 473. By Senator Hudgins of the 15th:
A bill to amend Code Section 27-2506, relating to punishment for misde meanors, as amended, so as to strike the provisions relating to first of fenders between the ages of 16 and 18; to provide certain punishment for offenders under the age of 18; to amend the Official Code of Georgia An notated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.
Referred to Committee on Special Judiciary.

SB 474. By Senator Barnes of the 33rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated; to codify laws of the state of Georgia, or por tions thereof, omitted from the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated.
Referred to Committee on Judiciary.

SB 475. By Senators Starr of the 44th, Howard of the 42nd 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 provide for a change in the compensation of certain state officials; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Appropriations.

SB 476. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
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 exclude certain personnel from the classified service; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Public Safety.

TUESDAY, JANUARY 12, 1982

41

SB 477. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend the "Fair Employment Practices Act of 1978", as amend ed, so as to extend the life of the Act; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Governmental Operations.

SB 478. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Section 42-2-9 of the Official Code of Georgia An notated, relating to the selection of employees of the Department of Of fender Rehabilitation, so as to provide that the commissioner shall have the authority to direct that certain personnel of the department submit to polygraph examinations in connection with internal investigations being conducted by the department.
Referred to Committee on Offender Rehabilitation.

SB 479. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th, Brannon of the 51st, Thompson of the 32nd and Dean of the 31st:
A bill to amend Code section 16-13-31 of the Official Code of Georgia An notated; relating to trafficking in cocaine, illegal drugs, or marijuana, so as to change the provisions relating to possession of cocaine, heroin, and marijuana; to change the type of possession necessary to constitute an offense under this Code section; to create certain additional crimes relating to the drug methaqualone; to provide an effective date.
Referred to Committee on Public Safety.
SB 480. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th, Brannon of the 51st, Thompson of the 32nd and Dean of the 31st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia An notated, relating to financial institutions, so as to require the reporting of certain currency transactions in excess of $10,000.00 made with finan cial institutions; to provide for purposes; to define certain terms; to pro vide for records and reports; to provide an effective date.
Referred to Committee on Public Safety.

SB 481. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th, Deal of the 49th, Brannon of the 51st, Thompson of the 32nd and Dean of the 31st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia An notated, relating to bonds and recognizances, so as to change the provi sions relating to offenses which are bailable; to provide that certain offenses are bailable only before a judge of the superior court; to provide an effective date.
Referred to Committee on Public Safety.

42

JOURNAL OF THE SENATE

SB 482. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th, Brannon of the 51st, Dean of the 31st and Thompson of the 32nd:
A bill to amend Code Section 17-6-30 of the Official Code of Georgia An notated, relating to fees of sureties on criminal bonds, so as to change the provisions relative to such fees; to provide an effective date.
Referred to Committee on Public Safety.

SB 483. By Senator Barnes of the 33rd:
A bill to amend the "Uniform Reciprocal Support Act" so as to provide for reciprocal enforcement of support with foreign governments; to amend the Official Code of Georgia Annotated accordingly; to provide for all related matters; to provide effective dates.
Referred to Committee on Judiciary.

SB 484. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 114-1, relating to construction and opera tion of the Workers' Compensation Law, so as to change the conditions under which employees and their representatives have other rights and remedies against certain third-party tortfeasors; to amend the official Code of Gerogia Annotated accordingly; to provide effective dates; to provide for severability.
Referred to Committee on Industry, Labor and Tourism.

SB 485. By Senator Barnes of the 33rd:
A bill to amend an Act creating the Board of Polygraph Examiners so as to continue the board and the laws relating to the board until certain dates; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Judiciary.

SB 486. By Senator Barnes of the 33rd:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment of criminal defendants, so as to change provisions for punishment of repeat of fenders; to provide for all related matters; to provide an effective date.
Referred to Committee on Judiciary.

SB 487. By Senator Barnes of the 33rd:
A bill to amend Code Section 43-38-14 of the Official Code of Georgia An notated, relating to exceptions to operation of chapter, so as to clarify the exceptions relating to persons or firms engaged in business as a con sumer reporting agency; to provide an effective date.
Referred to Committee on Judiciary.

TUESDAY, JANUARY 12, 1982

43

SB 488. By Senator Scott of the 43rd:
A bill to amend an Act known as the "Georgia Boat Safety Act", as amended, so as to prohibit certain conduct and activity; to provide for the distribution of certain information; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Special Judiciary.

SB 489. By Senator Scott of the 43rd:
A bill to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, license plates, and revalidation stickers, as amended, so as to delete the provisions allowing a vehicle to be stored at the owner's expense if a county decal is not affixed to the license plate; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal. Referred to Committee on Transportation.
SB 490. By Senator Scott of the 43rd:
A bill to amend Code Section 61-303, relating to answer and trial in dispossessory proceedings, so as to provide for notice to the defendant before a writ of possession is executed; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Special Judiciary.
SR 222. By Senators Thompson of the 32nd, Barnes of the 33rd and Stumbaugh of the 55th:
A resolution proposing an amendment to the Constitution so as to pro vide that when a person is convicted of an offense punishable by death and the jury finds at least one aggravating circumstance and recom mends that such person be sentenced to life imprisonment without parole, the court shall sentence such person to life imprisonment without parole and the board shall not have the authority to consider such person for parole under any conditions; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.

SR 224. By Senator Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create a penal institutions fund; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Offender Rehabilitation.

SR 225. By Senator Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to modify the provisions governing the Powder Springs Downtown Development Authority; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

44

JOURNAL OF THE SENATE

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

Mr. President:

The Committee on Public Safety 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 465. Do pass by substitute.

Respectfully submitted, Senator Timmons of the 11th District, Chairman

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 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 Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Not answering were Senators Ballard and Brown of 47th (excused).

Senator Brannon of the 51st introduced the chaplain of the day, Reverend James Holt, pastor of the First Baptist Church, Ellijay, Georgia, who offered scrip ture reading and prayer.

Dr. George Green, of Sparta, Georgia, served as doctor of the day today.

TUESDAY, JANUARY 12, 1982

45

The following resolution of the Senate was read and adopted:

SR 223. By Senators Wessels of the 2nd and Coleman of the 1st:
A resolution requesting the commission planning the 250th anniversary celebration for the State of Georgia to invite Prince Charles and Lady Diana to visit Georgia and participate in the official festivities.

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 call ed for the purpose of hearing the State of the State message by His Excellency, Governor George Busbee, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The hour for convening of the Joint Session of the Senate and House having ar rived, 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 pur pose 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 506, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

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

The natural inclination in this my eighth--and last--State of the State address might be to recite our accomplishments and get a little sentimental.
Fortunately for you--and perhaps somewhat unfortunately for all of us--we don't have the luxury this year of basking in the glow of our records and slapping each other on the back.
The year 1982 is going to be the toughest year from an economic point of view since 1975, the year I took office.
As I reflect back over the seven previous State of the State messages, and as we experience the second recession during my administration, I can tell you I have learned the term deja vu and I fully appreciate it today.
Back in 1975 when we faced economic problems as we do today, I stated:
There are agonizing problems to be faced in this complex world in which we live, but few easy answers. It will take a partnership of you and me and every con cerned Georgian to solve these problems.
I further stated that:
I need your help. I implore your help and support in this endeavor.

46

JOURNAL OF THE SENATE

Then, as we joined hands at the next regular session and finished cutting $175 million out of the existing budget, I made this observation:
To provide effective legislative leadership or executive leadership in an era of limitations requires extra effort, extra work at weighing priorities and extra com mitment to the details of good government.
I further stated:
Let us pledge today to keep those commitments, to demonstrate by our actions that recession does not mean retreat on the important issues, and that real progress will be be postponed.
During that crisis this General Assembly rose to meet the challenge in a most admirable and courageous manner.
You were fiscally responsible.
During the calm that followed, we set our priorities and worked together in bet ter times, and as a result we have seen the greatest economic growth this state has ever experienced. We paid down the bonded indebtedness of this state in good times.
One of the wisest and most prudent decisions of this fiscally responsible General Assembly was the creation by law of the revenue shortfall reserve follow ing the last recession. It provided a buffer against economic disaster, and it has grown to a level of $93 million. Under the law, we have been banking three percent of prior year's revenues each year of its existence.
Because of this extra effort on your part, while we do have some economic problems, we do not have the fiscal dilemma experienced by many states that are now on the verge of bankruptcy. After massive tax increases, some states still can not make ends meet. They have exhausted their unemployment trust funds and have even higher unemployment rates.
Notwithstanding the fact that you have already cut the fat out of government and have been fiscally responsible in the past, we now face another recession: an economic crisis.
I need your help again. And as I implore your help and support in this endeavor, I have no doubt but that you will again rise to the occasion.
I will discuss the state's economy and fiscal condition in greater detail when I present the budget message on Thursday. But I can tell you now that we are not yet at the point of dipping into the revenue shortfall reserve or raising taxes.
Last year at this time, I spoke to you in hopeful terms about the new federalism--the chance at long last to restore the balance between the federal and state governments. Since that time, I have devoted many long hours to meetings at The White House and on Capitol Hill in Washington, and I regret to report to you today that the progress we had envisioned simply has not been achieved. Federal budget cuts have been made largely on the backs of state and local governments. But they've been made without the promised concurrent return of flexibility to the states to have a say in how the federal money we receive is spent. The state funds have been cut but the strings have not.

TUESDAY, JANUARY 12, 1982

47

We hear promises of budget cuts in the federal bureaucracy but the only cuts we've seen fall on the shoulders of state and local governments.
It has been my position from the beginning that we can swallow our share of cuts at the state level if we have the flexibility to manage federal funds ... if we are allowed to spend available resources where the needs actually exist.
We have suffered two rounds of budget cuts by the President and the Congress in the total amount of $204 million. I have recommended that you pick up less than 8/ioths of one percent of these cut with state funds.
I might point out that you are yet to face the third round of federal cuts that are now being proposed.
Naturally, there are many things I wish we could have accomplished in the coming year had the funding been available.
However, austerity has not been totally devoid of benefits. We haven't increas ed the state payroll, except where unavoidable, in order to staff new prisons. We have learned to provide better services to more people with less money.
Test scores of our public school students have risen steadily because of the em phasis we have placed on compensatory education and because we have gotten back to the basics.
Even though we have made many improvements throughout state government, now is not the time to rest on our laurels--especially during a recession.
The time has come to do away with social promotions from our high schools. We now have competency-based teacher certification . . . but we do not have competency-based high school diplomas.
In education, we will. . . with your help ... go forward with the twelfth grade exit exam and the high school remedial instruction necessary to make it legal and to make it work. We also will enrich to a significant degree the vocational education opportunities for our young men and women.
In corrections, we will. . . with your help . . . end the local jail backlog problem once and for all by expanding our prison bed space through renovations and new construction. That is my highest priority for this session. We also must consider fresh alternatives to incarceration, including intensive probation--the cost of which would be borne by fees paid by the probationer.
In law enforcement, we will . . . with your help . . . increase the land, air and sea battle with the drug importers who are corrupting not only our youth but some of our businessmen and public officials with the lure of illicit dollars. We will . . . with your help . . . bolster the professional skills of our law enforcement officers, our correctional officers and our firefighters by building the Public Safety Training Center.
In economic development, we will . . . with your help . . . concentrate on the opportunities that cannot--and should not--be missed because of high interest rates. Although new plant announcements may lag for the immediate future, we

48

JOURNAL OF THE SENATE

must be forward-thinking enough to proceed with the expansion of the World Con gress Center in order to take advantage of the millions of dollars in business and state revenues to be generated by trade shows and exhibits already booked.
We also must proceed with the expansion of our ports to avoid losing the momentum we now enjoy in our competition with other eastern seaboard ports. Both the World Congress Center and ports expansions received your approval last year, but were delayed by conditions in the bond market. These projects must not be delayed another year. To do so would be penny-wise and pound-foolish.
We also must proceed with construction of our Advanced Technology Develop ment Center if we are to remain in the economic mainstream. High technology is where the action is in economic development, and we can delay no further our solid commitment in this area.
In transportation, we will . . . with your help . . . continue our popular local roads assistance program which has given cities and counties throughout Georgia vastly improved streets and roads at no expense to local property taxpayers.
Despite tight budgets, we have maintained stability and continuity in govern ment and in taxation, factors which are more compelling to potential investors than you might imagine.
I do not plan to take it easy in my final year as governor because we've got problems to solve . . . jobs to create . . . duties to perform . . . and commitments to fulfill.
One of those commitments is a new, modern, easily understandable State Con stitution.
You in this General Assembly did an admirable job of rewriting our state's basic document at the Special Session, and your work product has survived the process of Monday-morning quarterbacking. The proposed Constitution you pro duced is remarkably free of flaws, according to the opinions of some of this state's leading laywers.
I urge you to make adjustments only in one area, generally agreed upon at the conclusion of the Special Session--and that is in regard to the powers of the State Board of Pardons and Paroles.
I know that many of you have thought of amendments that might well improve the proposed Constitution. However, to open up the process for a spate of amend ments at this juncture would, in my opinion, be a grave mistake. To reopen debate and make substantive changes at this juncture would be harmful to the proposed Constitution's chance of approval by the voters at the November general election.
At this time, copies of the document you approved at the special session have been widely distributed and studied. Changes at this point would only spawn con fusion and suspicion. I urge you to use restraint in proposing amendments, especially in view oKhe fact that we've got all that we can say grace over at this ses sion.
You are going to be asked to expedite certain appropriations during the first two weeks of the session.

TUESDAY, JANUARY 12, 1982

49

You might possibly face reapportionment to some extent.
There are some issues such as the Equal Rights Amendment that have already been thoroughly debated. I have written each of you and expressed my position-- and I think that by now many of you have formed your opinion, so I will not reiterate what I have already said to each of you. However, I think the ERA is need ed to guarantee equality for all Georgians, and I ask you to keep an open mind as this important issue is debated.
I do feel that some of these issues should be resolved in the early part of this session so that you will have more time to deliberate on the budget and face some other crises that we have in this state.
This is going to be a hard year with many hard tasks ahead, but the greatest responsibility facing you as legislators is to resolve our jail and prison overcrowding crisis. I know you'd rather put the money anywhere else in state government. Prisons are not popular. Building prisons doesn't win votes. But we are stacked up in our jails and our prisons and this is a responsibility we've got to face. It won't resolve itself and it won't go away.
The sheriffs and county commissioners of this state have joined with the Office of Planning and Budget and your legislative budget office in surveying every inch of space in our 19 state prison institutions. They have determined that the maximum operating capacity in our state institutions is 9,544 inmates.
The study also identifies six institutions where renovations are possible that could convert existing space into an additional 829 bed spaces. Three new prisons with a design capacity of 1,521 will be completely operational between now and December. In addition, there are 2,400 spaces in county work camps and 478 in the state's transition centers. All of these totals add up to a prison capacity of 14,772 at the end of 1982.
For the first time in our state, the Governor, Legislature, Department of Of fender Rehabilitation, Pardons and Parole Board, and local officials know for cer tain the absolute maximum capacity of our prisons.
I am cognizant of the fact that during my administration you have already ap propriated more than $100 million for prison construction. However, because of the increase in our prison population, we still have this backlog in our local jails.
It is not only the responsibility of the Legislature to appropriate money to in crease the capacity of our prison system, it is also your responsibility to define by law what is to be done when we experience the problem of what to do in a situation when we have more prisoners than we have capacity.
You know that you can only put 32 ounces in a quart. Everybody has to be somewhere.
We could do as they have done in Alabama and have the excess released on eight days' notice by a federal judge. Or we can continue to have mass releases by the Pardons and Parole Board when the excess demand becomes unmanageable.
But I think when we have such a temporary crisis, it would be best to have some mechanism set by law so that the least dangerous minor offenders could be released and the people could be protected from the release of hardened criminals.

50

JOURNAL OF THE SENATE

Other states have this same problem. After reviewing what the legislatures have done in other states, I have made a recommendation to you for a relief valve until you can build additional capacity.
If you have a better solution on how to meet excess demands, please come for ward. But please don't play ostrich and demand the impossible of housing prisoners where you and I have not provided the space.
We are all looking for cheaper space and other alternatives than building new prisons.
It costs the state about $55,000 per prisoner to build a prison.
We have been trying to convert cheaper existing facilities. The Speaker has even proposed that we explore the possibility of converting abandoned schools.
If we are for law and order, we've got to stand up like men and women and pro vide both the space and such alternatives to full time incarceration as intensive dai ly probation, the cost of which would be borne by the probationer himself.
We have to have more transition centers and diversion centers because while we are emptying the jails of 2,160 now in backlog, there will be more than 7,000 new admissions to our prison system, based on an average between 1974 and 1980.
And if we want our streets cleared of the rapists, armed robbers and murderers, we've got to make room for long-term incarceration of these hardened criminals by providing a formal mechanism--a safety valve--for releasing the non-violent, minor offenders who are within six months of release anyway at such time as our prison system reaches maximum capacity.
On a related topic, many Georgians are understandably disturbed and upset over the fact that the death penalty has not been carried out in this state despite the fact that we have on the books a capital punishment law that has been upheld by the United States Supreme Court.
I favor the death penalty. When I was a member of the House, I helped write a death penalty statute based on the standards handed down by the Supreme Court.
I share the frustration of those Georgians who don't understand how violent murder can take place, juries can convict and the perpetrators spend years on death row.
But here we are, twelve days into 1982 and we have 91 persons on death row, and others recently convicted and sentenced to die who are still in county jails.
I can tell you why the death penalty has not been imposed, but I can't begin to justify it. There are eleven legal steps between indictment and carrying out the death penalty. There are potentially three separate trips to the United States Supreme Court and two separate trips to the Georgia Supreme Court.
The state has to stay within the legal framework and be cognizant of rights, but I am pleased to report to you today that Attorney General Mike Bowers has directed his staff to take every legal step available to bring appeals to a swift conclu sion and carry out the law.

TUESDAY, JANUARY 12, 1982

51

His staff is filing responses to appeals well in advance of the deadlines set by the Courts. Just last week, the Attorney General notified the chief judges of the three United States Court Districts in Georgia that the state will under no cir cumstance acquiesce to further stays pending appeals in death penalty cases. The state intends to fight these stays rather than simply going along.
You are to be commended for passing a law unifying the appeals process before the Georgia Supreme Court in capital felony cases.
Right now, there is significant potential that certain appeals are nearing the end of their string. Three death row inmates are running out of steps in the appeals process, and it is probable that we will see the death penalty imposed this year. It is my belief that the death penalty is the only appropriate sanction against the kind of violence we have witnessed in recent months.
During this administration we have worked in a climate of mutual respect. I have not shifted executive decisions to the Legislature nor avoided responsibility for those decisions.
We have not played the game of trying to label one branch of government as the "spending" branch and another as the "saving" branch.
We have not played the "credit" game to see who gets political credit for popular causes . . . and the political blame for unpopular decisions.
That spirit of cooperation . . . that willingness to work together ... is a major factor in the sound condition of our state today . . . and I want you to know that I appreciate the job you've done.
Again, this Session I pledge my cooperation, and I ask for yours. Again this Ses sion may we not be rivals for power, but let us be partners in progress.

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 ad journed until 10:00 o'clock A.M. tomorrow.

52

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, January 13, 1982 Third Legislative Day

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

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

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

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

SB 491. By Senators Holloway of the 12th, Allgood of the 22nd and Eldridge of the 7th:
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 allowances for members of the General Assembly; to amend the Of ficial Code of Georgia Annotated accordingly; to provide for effective dates.
Referred to Committee on Appropriations.

SB 492. By Senator Kidd of the 25th:
A bill to amend Chapter 8 of Article 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide that permits for hazardous waste facilities shall not become effective until and unless such permits have been approved by the governing authority of the coun ty in which such facilities are proposed to be located.
Referred to Committee on Natural Resources & Environmental Quality.

SB 493. By Senator Kidd of the 25th:
A bill to amend an Act authorizing the director of the Office of Planning and Budget to require payment for personal services within the state government to be calculated and to be made on the basis of 26 pay periods per year; to amend the Official Code of Georgia Annotated ac cordingly.
Referred to Committee on Governmental Operations.

WEDNESDAY, JANUARY 13, 1982

53

SB 494. By Senator Kidd of the 25th:
A bill to amend Code Section 45-302, relating to the crime of hunting and fishing without a license, honorary licenses, and exceptions, as amended, so as to provide for hunting and fishing license reciprocity between Georgia and Florida for persons who are more than 65 years of age; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Natural Resources & Environmental Quality.
SB 495. By Senator Howard of the 42nd:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia An notated, relating to procedures for the adoption of agency rules, so as to invalidate certain rules which are changed and adopted after being transmitted for legislative review but to provide for their later validation; to provide for consultations, objections, overrides, and vetoes regarding invalidated rules; to provide an effective date. Referred to Committee on Governmental Operations.
SB 496. By Senators Howard of the 42nd and Trulock of the 10th:
A bill to provide for the charging of certain fees for certain social services under certain circumstances; to amend the Official Code of Georgia An notated accordingly; to provide effective dates and automatic repeal. Referred to Committee on Human Resources.

SB 497. By Senators Howard of the 42nd and Lester of the 23rd:
A bill to amend an Act making provision for the licensure of applied psychologists, as amended, so as to change the definition regarding the practice of applied psychology; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Human Resources.
SB 498. By Senators Howard of the 42nd, Trulock of the 10th and Kidd of the 25th:
A bill to amend an Act providing for the licensure of practical nurses, as amended, so as to provide for the continuation of the Georgia Board of Examiners of Licensed Practical Nurses and the laws relating thereto but to provide for the later termination of that board and those laws; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Human Resources.

SB 499. By Senators Howard of the 42nd and Trulock of the 10th:
A bill to amend Code Section 84-1002, relating to the Board of Nursing, as amended, so as to continue the Georgia Board of Nursing and the Laws relating thereto but to provide for the later termination of the board and such laws; to amend the Official Code of Georgia Annotated ac cordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Human Resources.

54

JOURNAL OF THE SENATE

SB 500. By Senator Howard of the 42nd:
A bill to amend Code Chapter 88-1, relating to the Department of Human Resources, as amended, so as to authorize variances, waivers, and ex emptions from certain rules and regulations of the department under cer tain conditions; to amend the Official Code of Georgia Annotated ac cordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Human Resources.

SB 501. By Senators Starr of the 44th and Howard of the 42nd:
A bill to amend Code Section 88-191 IB, relating to privacy rights of residents of long-term care facilities, as amended, so as to delete certain rights to a private room and private sitter; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Human Resources.

SB 502. By Senators Howard of the 42nd and Eldridge of the 7th:
A bill to amend the "Georgia Barber Act", as amended, so as to continue the Georgia State Board of Barbers and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated accordingly; to provide for effec tive dates and automatic repeal.
Referred to Committee on Human Resources.

SB 503. By Senators Stephens of the 36th, Allgood of the 22nd, Garner of the 30th and others:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia An notated, relating to probation, so as to provide for community service as a condition of probation; to define certain terms; to provide for com munity service agencies; to provide for offenders who are eligible for community service as a condition of probation; to provide for proce dures; to provide for court orders; to provide for community service of ficers.
Referred to Committee on Offender Rehabilitation.

SB 504. By Senators Stephens of the 36th and Garner of the 30th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia An notated, relating to motor vehicle accident insurance, so as to prohibit an insurer from increasing the insurance premium of an insured under cer tain circumstances; to provide for applicability; to provide an effective date.
Referred to Committee on Banking, Finance & Insurance.

WEDNESDAY, JANUARY 13, 1982

55

SB 505. By Senator Land of the 16th:
A bill to amend Article 1 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgement in civil cases, so as to provide that when the parties consent to a judgement the court shall render judgement without the verdict of a jury; to provide an effective date.
Referred to Committee on Special Judiciary.

SB 506. By Senator Land of the 16th:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia An notated, relating to periods of suspension of drivers' licenses, so as to change the period of suspension in cases where a person in violation of Code Section 40-5-55 is the operator of a motor vehicle which is involved in an accident in which any person is killed; to provide an effective date.
Referred to Committee on Special Judiciary.

SB 507. By Senator Land of the 16th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia An notated, relating to holidays and observances, so as to change the public and legal holidays in this state; to provide for the observance of certain days; to provide for matters relative thereto; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 508. By Senator Land of the 16th:
A bill to amend Code Section 42-5-100 of the Official Code of Georgia An notated, relating to the promulgation of rules and regulations governing earned-time allowances, so as to change the provisions relating to the maximum amount of earned-time allowances; to provide an effective date.
Referred to Committee on Governmental Operations.

SR 226. By Senators Horton of the 17th, Bond of the 39th, Eldridge of the 7th and others:
A resolution creating the Services for the Aged Study Committee. Referred to Committee on Human Resources.

SR 227. By Senator Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to pro vide that unless the joint county and municipal sales and use tax is ap proved for imposition within Towns County prior to November 1, 1982, then on and after January 1, 1983, said sales and use tax shall be imposed within Towns County; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on County & Urban Affairs.

56

JOURNAL OF THE SENATE

SR 228. By Senators Howard of the 42nd, Lester of the 23rd and Kidd of the 25th:
A resolution creating the Special Study Commission on Mental Health. Referred to Committee on Human Resources.

SR 229. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia, to J. P. Stevens and Company, Inc. Referred to Committee on Public Utilities.

SR 232. By Senator Land of the 16th:
A resolution proposing an amendment to the Constitution so as to pro vide for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes; to provide for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance & Insurance.

SR 233. By Senators Stephens of the 36th, Hudson of the 35th, Kidd of the 25th and others:
A resolution relative to health care in jails and prisons. Referred to Committee on Offender Rehabilitation.

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

SB 465. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to repeal Code Title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act", as amended.

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

Allgood Ballard Barnes Bell Bowen Brantley Broun of 46th Bryant Cobb Coleman Deal

Dean Eldridge Engram Fincher of 52nd Fincher of 54th Foster Gillis Howard Kennedy Kidd

Lester McGill McKenzie Reynolds Scott Summers Sutton Timmons Walker Wessels

WEDNESDAY, JANUARY 13, 1982

57

Those not answering were Senators:

Barker Bond Brannon Brown of 47th (excused) Coverdell English Evans Garner Greene

Hill Holloway Horton Hudgins Hudson Land Littlefield Robinson

Starr Stephens Stumbaugh Tate Thompson Trulock Turner Tysinger

Senator Scott of the 43rd introduced the chaplain of the day, Reverend Earl P. Paulk, Jr., pastor of Chapel Hill Baptist Church, Decatur, Georgia, who offered scripture reading and prayer.
The President announced that the Senate would stand in recess from 10:45 o'clock A.M. until 12:45 o'clock P.M.
At 12:45 o'clock P.M., the President called the Senate to order.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1142. By Representatives Harris of the 8th and Ham of the 80th: A bill to provide supplementary appropriations for the fiscal year ending June 30, 1982, in addition to any other appropriations heretofore or hereafter made for operation of state government and the purposes pro vided for herein; to confer certain responsibilities upon the Office of Planning and Budget; and to provide an effective date.
HB 1141. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1982, in addition to any other appropriations heretofore or hereafter made for the operation of State government and for the pur poses provided for herein; to confer certain responsibilities upon the Of fice of Planning and Budget; and to provide an effective date.

58

JOURNAL OF THE SENATE

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

HB 1142. By Representatives Harris of the 8th and Ham of the 80th:
A bill to provide supplementary appropriations for the fiscal year ending June 30, 1982 in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided herein.
Referred to Committee on Appropriations.

HB 1141. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1982; to confer certain responsibilities upon the Office of Planning and Budget and to provide an effective date.
Referred to Committee on Appropriations.

Senator Greene of the 26th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow.

On the motion, 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:

Allgood Bell Brantley .Broun of 46th Bryant Cobb Coleman Deal
Eldridge

Fincher of 52nd Garner Gillis Greene Howard Hudgins Kennedy Lester
McGill

McKenzie Reynolds Robinson Scott Starr Stumbaugh Sutton Wessels

Voting in the negative were Senators Fincher of 54th and Summers.

Those not voting were Senators:

Ballard Barker Barnes Bond Bowen Brannon

Brown of 47th (excused) Coverdell Dean English Engram Evans

Foster Hill Holloway Horton Hudson Kidd

WEDNESDAY, JANUARY 13, 1982

59

Land Littlefield Stephens Tate

Thompson Timmons Trulock

Turner Tysinger Walker

On the motion, the yeas were 26, nays 2.
The President announced that those voting did not represent a quorum of the Senate.
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 1:00 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

60

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, January 14, 1982 Fourth Legislative Day

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 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 931. By Representatives Snow of the 1st andDarden of the 19th:
A bill to amend Code Section 50-127, relating to procedures for habeas corpus relief from court sentences, so as to change the provisions relating to waiver of rights and the effect of waiver on habeas corpus pro ceedings.

HB 1162. By Representatives Snow of the 1st, Murphy of the 18th, Karrh of the 106th and Walker of the 115th:
A bill to provide for the distribution of state copies of the Official Code of Georgia Annotated; to provide responsibility for upkeep and supplemen tation; to designate the copies as property of the state.

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

SB 509. By Senators Engram of the 34th, Cobb of the 28th, Garner of the 30th and others:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia, relating to seasons and bag limits under the Game and Fish Code, so as to revise the season for taking certain game species by means of falconry.
Referred to Committee on Natural Resources and Environmental Quality.

THURSDAY, JANUARY 14, 1982

61

SB 510. By Senator Kidd of the 25th:
A bill to amend Code Chapter 26-23, relating to abuse of governmental office, as amended so as to prohibit officers and employees of the state from threatening, disciplining, or reprimanding a subordinate officer or employee for making certain contacts or communications with any member of the General Assembly; to provide for effective dates and automatic repeal.
Referred to Committee on Governmental Operations.

SR 234. By Senators Stumbaugh of the 55th, Robinson of the 27th, Eldridge of the 7th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the sessions of the General Assembly, all committee meetings and all hearings shall be open to the public except as otherwise provided by law; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Rules.

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

HB 931. By Representatives Snow of the 1 st and Darden of the 19th:
A bill to amend Code Section 50-127, relating to procedures for habeas corpus relief from court sentences, so as to change the provisions relating to waiver of rights and the effect of waiver on habeas corpus pro ceedings.
Referred to Committee on Judiciary.

HB 1162. By Representatives Snow of the 1st, Murphy of the 18th, Karrh of the 106th and Walker of the 115th:
A bill to provide for the distribution of state copies of the Official Code of Georgia Annotated; to provide responsibility for upkeep and supplemen tation; to designate the copies as property of the state. Referred to Committee on Judiciary.
The following report of a standing committee was read by the Secretary:

Mr. President:

The Committee on Appropriations 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 1141. Do pass.

62

JOURNAL OF THE SENATE

HB 1142. Do pass as amended.

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

Senator Holloway of the 12th asked unanimous consent to dispense with the morning roll call, and the consent was granted.

Senator Gillis of the 20th introduced the chaplain of the day, Dr. James Wesberry, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 235. By Senator Bell of the 5th: A resolution commending the Honorable Roy E. Frazier III.

SR 236. By Senator Bell of the 5th: A resolution commending the Honorable Malcolm P. Johnson.

SR 237. By Senator Bell of the 5th: A resolution commending the Honorable George C. Wright.

SENATE CALENDAR Thursday, January 14, 1982 FOURTH LEGISLATIVE DAY

SB 465. Georgia Motor Vehicle Safety Inspection Act--repeal Code Title 68E (SUBSTITUTE) (Public Safety-28th)

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

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.

THURSDAY, JANUARY 14, 1982

63

Senator Fincher of the 54th moved that the Senate insist upon the Senate substitutetoHB153.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 153.

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

SB 465. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to repeal Code Title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act", as amended.

Senator Cobb of the 28th moved that SB 465 be postponed until Monday, January 18.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 465 was postponed until Monday, January 18.

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

Mr. President:

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

SB 366. By Senator Timmons of the llth:
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.

Senator Allgood of the 22nd moved that the Senate recess from 11:00 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 ar rived, 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 pur-

64

JOURNAL OF THE SENATE

pose of hearing the Budget message by His Excellency, Governor George Busbee, was called to order by the President of the Senate. HR 507, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
His Excellency, Governor George D. Busbee, addressed the Joint Session of the Senate and House of Representatives as follows:

The most frequently asked question on the eve of each legislative session is always the same: "What will be the biggest issue faced by the General Assembly this year?" Ninety-nine out of 100 Georgians familiar with activities under the gold dome will respond, "The Budget."
This has been true ever since we passed the 1962 Budget Act and it likely will be true into the long future. The budget is the lifeblood of government. It pumps the money into our programs and is used to establish priorities. It will be the master key in fiscal year 1983 to the expenditure of $6 billion, including all funds.
As I have frequently mentioned these past two weeks, the state's budget situa tion this year is too reminiscent of my first year in office . . . recession ... a declin ing rate of revenue growth . . . high inflation, although it is moderating somewhat . . . major needs exceeding available revenue . . . the loss of $204 million in federal funds in 1982 and a further loss of $37 million in 1983 . . . the two percent austerity cuts which you made last year and which I have carried forward into 1983.
Reflecting these facts, I have .already recommended to you the smallest in crease in an existing budget since early in my administration. This increase is total ly from surplus.
Instead of increasing the 1982 revenue estimate in mid-year, there are some Georgians who would like to see it decreased. I remain confident, however, in the estimate. If we fall short, there are tools in my possession to make late-year cuts in spending. Also, we have more than $93 million in the Revenue Shortfall Reserve. With these tools available, I can assure you there will be no deficit spending.
For fiscal year 1983, I am recommending a revenue growth of $346 million, which would increase our revenue collections to $3.777 billion--an increase of 10.1 percent.
Ironically, our budget for 1983 is the same as our revenue estimate. This is a first in my memory. In years past we have always carried forward a surplus. This shows how tight things are this year.
The proposed $3.777 billion budget is only $255 million over the amended budget for 1982 which I announced last week--an increase of only 7.2 percent.
You will not find many new programs in my 1983 proposals. Except for pay in creases the funds will mostly provide modest increases to deliver the same services.
Concerning pay raises, I am recommending an increase of 6.5 percent for our teachers and 5.5 percent for our state employees. The total cost will be just under $ 130 million, or more than half the difference between my amended 1982 and 1983 recommendations.
The few improvements in my recommendations concentrate primarily on a few areas which I think are important to the people of Georgia.

THURSDAY, JANUARY 14, 1982

65

My number one priority at this session is to provide sufficient funds and necessary changes in law to empty our 140 county jails of all convicted felons who should be in our state prisons. This won't be easy, however, since our prisons are full and the three new prisons opening between now and next December will not provide sufficient space to empty the jails and take all newly sentenced prisoners 15 days after the state receives formal notice of pick-up.
I believe we can accomplish this goal despite the problems . . . and I have presented a comprehensive, balanced plan that I believe will work. I have presented it at length to your Appropriations Committees and discussed it in my "State of the State" address. Instead of going through the plan again today, let me amplify on some points that are important.
Some Georgians have wondered about the urgency of getting the convicted felons out of county jails. While the jail backlog problem has existed for many years, it has intensified over the past year. These convicted felons legally belong in the prison system. Local property owners are, in effect, subsidizing the upkeep of state prisoners.
Forty-six counties of the 140 that have jails are operating them under a court order or are involved in litigation related to "Conditions of confinement" and over crowding. The state should be helping counties, not making matters worse for them.
In the 10 days since my plan has been made public, there has been a lot of debate about it. There seems to be two divergent viewpoints. One group wants to lock up all offenders. We can't build new prisons fast enough to satisfy them. The other segment says the state can't afford even to build the new institutions I have proposed.
Obviously, Georgia must decide which direction it wants to take.
The cost of building and operating prisons is high. Construction represents only six percent of the cost of a prison over a 30 year span. The new Dodge Correctional Institution opening this year cost $10.8 million and was designed for 386 inmates. If you project a five percent inflation rate, it will cost us $ 171.7 million to operate that medium-security prison over the next 30 years. If we built enough prisons of this type to empty our jails of state prisoners, the cost to Georgia taxpayers in construc tion and operation over the next 30 years would exceed $ 1 billion.
Now, let me approach this problem from the viewpoint of what has actually happened. If you pass the $140.5 million Offender Rehabilitation budget I have proposed for 1983, it will represent a spending level seven and one-half times greater than it was in 1971--just 12 years ago. The number of employees to staff the prisons will have increased by three and one-fourth times the 1971 level.
Let me express it another way. If you fund my recommendations for positions in fiscal year 1983, then we will have added 2,687 new positions to DOR since I took office, yet for all of state government we have only added 2,510 new employees. That means we have actually cut other state agencies to give DOR 177 employees.
There is another point I want you to ponder. Among all nations, the Soviet Union and the Union of South Africa imprison the greatest proportion of their citizens. Not only does Georgia lead all other states in locking up our citizens, but

66

JOURNAL OF THE SENATE

we put behind bars a greater proportion than either the Soviet Union or South Africa. In short, there isn't another government on the face of the globe that locks up more people than we do.
While I think we must build some new prisons, that is not the answer to our problems. We must consider alternative solutions and I think my plan balances all of the alternatives available to us. As you consider the plan, I hope you will think about these points.
Out of an increase of almost $23 million for human resources, I am proposing that we invest $9.6 million to help meet the basic necessities for the needy children of our state.
Payments to families temporarily taking care of our foster children have been one of the disgraces of state government. We now pay only $4.89 a day to families who keep orphans and homeless children who are under state care. This $4.89 a day is supposed to provide food, clothing, shelter, transportation and incidental drugs.
I am recommending new funds totaling $5.6 million to increase residential rates to a uniform $9.04 per day for family foster care, emergency shelter care, sup portive living and community residential services, and to $10.45 per day for institu tional foster care.
These funds will provide care for over 5,000 children per month during fiscal year 1983.
For our children still living with a parent, usually the mother, who is not able to fully provide for their financial needs, and who must receive AFDC benefit payments for basic livelihood, I am proposing a six percent increase in AFDC benefits.
There are some critics of this program who believe the benefits go to parents who are just too lazy to work, but we must remember that 70 percent of the actual recipients are children. It is not their fault that their fathers have left home and their mothers are too impoverished to care for them. The state must provide for their needs until another program can force their fathers to meet this responsibility or help their mothers get a job, if they are able to work.
For those parents, usually the father, who abandon these children, I am recom mending an expanded program to go after them and make them care for their children, which removes them from the AFDC rolls.
I am referring to the Child Support Recovery Program. We are expected to col lect $9.8 million this year in connection with 12,600 cases. I am recommending 87 new positions in an effort to increase collections to $15 million and increase the number of parents paying support by 2,000.
There are thousands of adult citizens who cannot provide for their own care and the Medicaid program is designed to help them. In a speech to the joint House and Senate Appropriations Committees last week, I requested new funds totaling $17.8 million to pay the state's portion of a $48.9 million increase in Medicaid benefits--the maximum increase possible without paying a penalty.

THURSDAY, JANUARY 14, 1982

67

I realize the $67 million in Medicaid cuts imposed November 1 has been con troversial, but the cuts were necessary because expenditures were exceeding our income. And to appropriate funds to equal the rate of usage would have meant pay ing a penalty of $11.3 million to the federal government. With our slow economy and the many other needs of government, we should hold Medicaid expenditures within the growth limit set by the federal government. That's what I have done in my recommendations.
Education has always been important to me. Besides recommending further in creases in maintenance and operation, school transportation and other operating expense, I am urging you to consider a broadened approach in two important areas.
The first is in compensatory education. In a commitment to quality, the State Board of Education will require students who graduate from high school in 1985 and beyond to possess the basic skills needed to become productive and successful members of society. This policy has your support and it has mine.
However, we estimate that 20 percent of our high school students will need remedial help to pass the required tests for graduation. I am asking you to ap propriate $7.2 million to provide this remedial help in grades nine and ten.
We have a clear-cut choice: Provide remedial help as required by the courts or forget the basic skills requirement and just continue with social graduations. It is just that simple. The choice is yours to make. The State Board of Education has voted to end social graduation by 1985. We all say we want to make a high school diploma mean something. It's time to fish or cut bait.
The other new educational thrust I am proposing is a broadened program of teaching high technology skills to the students in our area vocational and technical schools. Georgia has benefitted greatly from our efforts in industrial development. Statistics for 1980 reveal that the state's earnings growth rate rose 9.7 percent over 1979, a faster pace than the national average of 9.2 percent.
High technology industries bring rapid economic expansion and better, higherpaying jobs to Georgia. However, many of the high technology industries already located here are finding it necessary to recruit from out of state. We need these high-paying jobs for Georgia citizens. I believe that industry also wants to hire Georgia citizens, but we must provide them with the skilled work force they re quire. Within the next two weeks, I will be meeting with key industrial leaders to explore ways of cooperating in this effort.
If we are to continue the momentum we have achieved in economic develop ment, we must build on our assets, one of which is our statewide system of vocational-technical schools.
A study by the Advanced Technology Development Center confirms that im proving our technical education capacity is an urgent concern, particularly in the areas of electronics, electromechanics and mechanics.
Therefore, I am proposing to you a total package of $13.8 million worth of im provements. We will upgrade the three best programs to associate degree-type pro grams. Three other schools will be upgraded to produce graduates at the technician level, with all others upgraded in the electronics and machine tool areas. In addi tion, the electronics program at the Houston Vocational Center will be expanded to serve the expanding job market at Warner Robins Air Force Base.

68

JOURNAL OF THE SENATE

The $1.7 million in the amended budget to complete the Advanced Technology Development Center is a part of this program. The remaining funds will come from a variety of sources--local, agency, reserves of the Georgia Building Authority (Schools) and $6.2 million in new state funds.
Drug smuggling continues to be a $6 billion a year illegal operation in Georgia, ensnaring our youth in its clutches . . . corrupting our sheriffs and other lawmen . . . inciting needless violence . . . sapping our economy of millions of dollars.
Almost monthly we hear about lawmen confiscating drugs from an airplane that has landed in the cloak of darkness on one of our remote airfields in Georgia ... or drug drops along our coast... or another ring of drug peddlers being caught. Yet, we hardly seem to dent this network of crime and violence.
It is time to get tough. With 14 new special agents and three additional narcotic agents along with the reassignment of seven narcotic agents, I am proposing that we launch an assault that will be as successful as the famous "D Day" assault on the beaches of Normandy.
I am proposing a three-action program . . . assigning a new agent to each of the GBI's field offices to assist local lawmen in drug-related investigations . . . creating a Narcotics Enforcement Unit responsible for marine and air drug smuggling ac tivities . . . and adding 10 narcotic agents to expand undercover assistance for local law enforcement agencies.
Drug trafficking is a boil on our state. We must cut out its roots.
Also in law enforcement, I am requesting the reallocation of 50 radio operator positions to state trooper positions to launch a new assault on the high number of accidents and fatalities on our highways . . . and creation of a Motor Vehicle Inspec tion Squad within the GBI to inspect rebuilt motor vehicles prior to the issuance of certificates of title to end the clandestine "chop shops" which break down stolen vehicles and sell the parts at one-third the cost of new parts, thus boosting Georgia as a prime state for dumping stolen cars.
I am limiting new bond programs in 1983 to public school, University System and ports construction.
For our public schools, I am recommending new bonds totaling $90,370,000. This total would fund 154 eligible projects that have earned state entitlements and are ready for construction as soon as we provide our promised share of the cost. I realize this would be the largest bond issue for schools in many years, but we have skipped a year of funding public school construction and this would in actuality be funding two years of entitlements. Only 37 percent of these projects are totally new construction, reflecting an awareness by school superintendents that renovation is now more important and less costly than new construction whenever possible.
I am recommending $25 million in bonds for our University System. This in cludes $5 million already authorized in 1982 bonds. I am requesting that these bonds be de-authorized and added to $20 million in new funding for a total of $25 million in 1983.
The ports bonds would total $53,837,200 and fund Phase II of an approved fiveyear expansion program. Primarily, the ports bonds will develop Colonels Island and boost our state's economy. The Ports Authority is committed to repaying these bonds and interest.

THURSDAY, JANUARY 14, 1982

69

Even with these new bonds, our debt retirement funds will still total only 4.1 percent of prior year's revenue receipts. This is half the percentage in effect when I took office.
There are other recommendations of importance . . . $13,872,760 in direct cash payments for our Employees' Retirement Program to launch a program of making the program actuarially sound on a long-range basis, an amount equal to two per cent of covered payroll. This would be followed by another two percent payment in 1984. Afterwards, the state would continue paying in four percent over present payments.
. . . $4.3 million to continue an energy conservation plan for state office buildings, continuing a program I have recommended to be started in 1982. This program would recoup our investment within three years and save us millions of dollars in utility costs. The largest and most interesting project will develop a new boiler plant at Central State Hospital which will burn wood chips and ultimately save half a million dollars a year.
. . . An increase of $ 19.1 million for the Department of Transportation.
... A net increase of $11.9 million for our University System, mostly in con tinuation funds to meet the operating needs of the state's 33 colleges and univer sities. The funding takes into consideration an increase of $7.7 million in student fees to equal 20 percent of the Regents' Formula costs.
. . . $6.2 million to provide for an increase in the retirement formula multiplier for retiring teachers from 1.92 to 2, fulfilling a pledge made early in my administra tion. The increase would be effective January 1, 1983.
As I said in the beginning, the gloomy economic forecast represents a discouraging way for me to end my long years of involvement in drafting state budgets. Yet, as I said on Tuesday, Georgia is in relatively good shape as compared to many other states.
It will hurt us to lose $241 million in federal funds over 1982 and 1983, but we are apparently able to better absorb the losses than some other states. I am recom mending that we pick up only $1.6 million in my 1982 recommendations and $6.6 million in 1983.
We are able to make some improvements in our most important programs without a tax increase. Some states have increased taxes and are still in trouble.
We are already well on our way this session on the budget, thanks to your ac tion yesterday. The full House and the Senate appropriations committee passed two supplementary appropriation bills. HB 1141 provides for $16,356,000 in additional debt service for bonds for the World Congress Center, the ports, the GBI Building and public safety training complex. HB 1142 provides for early implementation of my F.Y. 1983 increases for Medicaid, which I stated earlier were possible should our November cuts continue to work. We should still avoid having to pay federal penalties at this new level. HB 1142 also included funds I recommended for staffing the newly renovated Rivers Complex, an older abandoned building at Milledgeville that we have converted into a prison facility.
These two supplementary appropriations bills total $24,656,000 and are a record breaking effort by you for meeting critical state needs this early in the ses sion.

70

JOURNAL OF THE SENATE

All in all, I think we have managed our finances well over the last seven years and have been responsible to our taxpayers. I am confident that good management and financial responsibility will continue to guide our budget deliberations this year and in future years.

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 ad journed until 10:00 o'clock A.M. tomorrow.

FRIDAY, JANUARY 15, 1982

71

Senate Chamber, Atlanta, Georgia Friday, January 15, 1982 Fifth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Kennedy of the 4th reported that the Journal of yesterday's 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 1168. By Representatives Martin of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia An notated, relating to ad valorem taxation of property, so as to provide for the filling of vacancies in the office of tax commissioner in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980 or any future such census.

HB 1169. By Representatives Martin of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to amend Title 15 of the Official Code of Georgia Annotated relating to courts, so as to provide for the filling of vacancies in the of fices of judge of the probate court and sheriff in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980 or any future such census.

HB 1170. By Representatives Martin of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to provide for the filling of vacancies in the offices of judge of the probate court, tax commissioner, and sheriff in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980 or any future such census.

72

JOURNAL OF THE SENATE

HB 1171. By Representatives Wall of the 61st, Phillips of the 59th and Martin of the 60th:
A bill to amend an Act providing for a board of elections in certain coun ties, so as to change the population data.

HB 1179. By Representatives Walker of the 115th, Karrh of the 106th, Culpepper of the 98th and others:
A bill to amend Code Chapter 49-6, relating to guardians for in capacitated adults, so as to provide that the guardian ad litem of a person alleged incompetent may also be the attorney appointed for the alleged incompetent; to provide for fees for service as such guardian ad litem and attorney; to amend the Official Code of Georgia Annotated ac cordingly.

HB 1145. By Representative Jackson of the 9th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act," so as to change the definition of a term; to amend the Official Code of Georgia Annotated accordingly.

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

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 House has passed by the requisite constitutional majority the following bill of the House:

HB 1156. By Representatives McDonald of the 12th, Jackson of the 9th, Logan of the 62nd and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment and inspection of motor vehicles, so as to repeal certain provisions relative to the annual motor vehicle safety in spections; to provide for annual safety inspections for school buses; to provide for a penalty for the failure to comply with certain requirements relative to safety equipment.

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

FRIDAY, JANUARY 15, 1982

73

SB 511. By Senators Garner of the 30th, Hill of the 29th, Cobb of the 28th and Barnes of the 33rd:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia, relating to invasions of privacy, so as to make it unlawful knowingly to publish or broadcast the name or identity of a person under the age of 17 years who has been or may have been the victim of a crime which con stitutes a felony without the written consent of a parent or legal guardian of such person.
Referred to Committee on Judiciary.

SB 512. By Senator Hudgins of the 15th:
A bill to amend Chapter 3 of Title 27 of the Official Code of Georgia, relating to wildlife generally, so as to prohibit the use of certain trapping devices in the municipalities of this state; to provide a penalty. Referred to Committee on Natural Resources & Environmental Quality.

SB 513. By Senators Reynolds of the 48th, Turner of the 8th, Lester of the 23rd and others:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia, relating to erection of outdoor advertising and the con trol thereof in areas adjacent to highway rights of way, so as to repeal the provision relating to the Outdoor Advertising Citizens Advisory Council; to revise the provisions relating to the trimming of trees and vegetation; to provide for other matters relative thereto.
Referred to Committee on Transportation.

SB 514. By Senator Scott of the 43rd:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia, relating to the jurisdiction and duties of the Georgia State Patrol, so as to provide that the primary responsibility for performing certain duties upon the interstate highways shall be that of the Uniform Division but to allow other law enforcement agencies to perform such duties.
Referred to Committee on Public Safety.

SR 238. By Senators Thompson of the 32nd and Barnes of the 33rd:
A resolution directing the Department of Public Safety to provide pam phlets relating to driving under the influence of alcohol to applicants for driver's licenses; to incorporate questions relating to driving under the influence of alcohol on examinations for driver's licenses.
Referred to Committee on Public Safety.

SR 239. By Senators Thompson of the 32nd and Barnes of the 33rd:
A resolution authorizing and encouraging the Georgia State Patrol to set up roadblocks to check for persons driving under the influence of alcohol.
Referred to Committee on Public Safety.

74

JOURNAL OF THE SENATE

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

HB 1145. By Representative Jackson of the 9th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act," so as to change the definition of a term; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Public Safety.

HB 1156. By Representatives McDonald of the 12th, Jackson of the 9th, Logan of the 62nd and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment and inspection of motor vehicles, so as to repeal certain provisions relative to the annual motor vehicle safety in spections; to provide for annual safety inspections for school buses; to provide for a penalty for the failure to comply with certain requirements relative to safety equipment.
Referred to Committee on Public Safety.

HB 1168. By Representatives Martin of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia An notated, relating to ad valorem taxation of property, so as to provide for the filling of vacancies in the office of tax commissioner in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980 or any future such census.
Referred to Committee on County and Urban Affairs.
HB 1169. By Representatives Martin of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the filling of vacancies in the of fices of judge of the probate court and sheriff in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980 or any future such census.
Referred to Committee on County and Urban Affairs.

HB 1170. By Representatives Martin of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to provide for the filling of vacancies in the offices of judge of the probate court, tax commissioner, and sheriff in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980 or any future such census.
Referred to Committee on County and Urban Affairs.

FRIDAY, JANUARY 15, 1982

75

HB 1171. By Representatives Wall of the 61st, Phillips of the 59th and Martin of the 60th:
A bill to amend an Act providing for a board of elections in certain coun ties, so as to change the population data.
Referred to Committee on County and Urban Affairs.

HB 1179. By Representatives Walker of the 115th, Karrh of the 106th, Culpepper of the 98th and others:
A bill to amend Code Chapter 49-6, relating to guardians for in capacitated adults, so as to provide that the guardian ad litem of a person alleged to be incompetent may also be the attorney appointed for the alleged incompetent; to provide for fees for service as such guardian ad litem and attorney; to amend the Official Code of Georgia Annotated ac cordingly.
Referred to Committee on Judiciary.

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

HB 1141. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1982; to confer certain responsibilities upon the Office of Planning and Budget and to provide an effective date.

HB 1142. By Representatives Harris of the 8th and Ham of the 80th:
A bill to provide supplementary appropriations for the fiscal year ending June 30, 1982 in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided herein.

Senator Kennedy of the 4th asked unanimous consent to dispense with the morning roll call, and the consent was granted.

The President announced that the chaplain of the day was unable to be present today due to the excessive accumulation of ice and snow on the roads and asked that the Senators bow their heads and observe a moment of silent prayer.

The following report from the Committee on Enrolling and Journals was read by the Secretary:

76 Mr. President:

JOURNAL OF THE SENATE

The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 366.

Respectfully submitted,
Is/ Ed Barker, Chairman Senator, District 18

Senator Reynolds of the the 48th moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, January 18, and the motion prevailed.

At 10:15 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, January 18.

MONDAY, JANUARY 18, 1982

77

Senate Chamber, Atlanta, Georgia Monday, January 18, 1982 Eighth Legislative Day

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

Senator Kennedy of the 4th reported that the Journal of the proceedings of Fri day, January 15, had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The President called for the morning roll call, and the following Senators answered to their names:

Allgood Barnes Bell Bowen Brannon Brantley Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram

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

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

Those not answering were Senators:

Ballard Barker Bond Broun of 46th

Brown of 47th (excused) Evans Hill Howard

Hudgins Stumbaugh Timmons

Senator Fincher of the 54th introduced the chaplain of the day, Reverend Layne Jenkins, pastor of the First United Methodist Church, Ringgold, Georgia, who of fered scripture reading and prayer.

78

JOURNAL OF THE SENATE

Senator Holloway of the 12th moved that Senator Coverdell of the 40th be ex cused for the legislative day of January 11, 1982, due to the fact that he was representing the General Assembly at the Executive Committee meeting of the Na tional Conference of State Legislatures, of which he is a member, in Washington, D.C.

On the motion, the yeas were 32, nays 1; the motion prevailed, and Senator Coverdell of the 40th was excused for the legislative day of January 11, 1982.

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

SR 240. By Senators English of the 21st, Walker of the 19th, Gillis of the 20th and others:
A resolution urging Congress to pass certain legislation relative to the death penalty. Referred to Committee on Offender Rehabilitation.

SENATE CALENDAR Monday, January 18,1982 EIGHTH LEGISLATIVE DAY

SB 465. Georgia Motor Vehicle Safety Inspection Act--repeal Code Title 68E (SUBSTITUTE) (Public Safety-28th)
HB 1141. Supplementary Appropriations to General Obligation Debt Sinking Fund (Appropriations--46th)
HB 1142. Supplementary Appropriations to Certain State Departments (AMENDMENT) (Appropriations--46th)

The following general bill of the Senate, having been read the third time on January 14 and postponed until January 18, was put upon its passage:

SB 465. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to repeal Code Title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act", as amended.

Senator Kidd of the 25th moved that SB 465 be postponed until January 19.

On the motion, the yeas were 27, nays 5; the motion prevailed, and SB 465 was postponed until January 19.

MONDAY, JANUARY 18, 1982

79

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

HB 1141. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1982; to confer certain responsibilities upon the Office of Planning and Budget and to provide an effective date.
Senate Sponsor: Senator Broun of the 46th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

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

Fincher of 52nd Fincherof54th Foster Garner Gillis Greene Hollo way 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

Those voting in the negative were Senators:

Ballard

Barker

Those not voting were Senators:

Bond

Hill

Brown of 47th (excused)

Hudgins

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

80

JOURNAL OF THE SENATE

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

Senator Broun of the 46th moved that HB 1141 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 1141 was immediately transmitted to the House.

HB 1142. By Representatives Harris of the 8th and Ham of the 80th:
A bill to provide supplementary appropriations for the fiscal year ending June 30, 1982 in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided herein.
Senate Sponsor: Senator Broun of the 46th.

The Senate Committee on Appropriations offered the following amendment:
Amend HB 1142 by striking on Page 2, line 2, the figure "$3,500,000" and substituting in lieu thereof the following:
"$4,250,000";
and
By striking on Page 2, line 4, and on Page 2, line 5, the figure "$10,325,000" and substituting in lieu thereof the following:
"$12,500,000";
and
By striking on Page 2, line 6, the figure "$3,500,000" and substituting in lieu thereof the following:
"$4,250,000";
and
By striking on Page 2, line 11, the figure "$7,550,000" and substituting in lieu thereof the following:
"$8,300,000";
and
By adding on Page 2, after line 6, the following language:
"Provided, the State funds appropriated in this section shall only be used to match Federal funds for making benefit payments."

MONDAY, JANUARY 18, 1982

81

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 Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway 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:
Brown of 47th (excused) Hudgins Hill

Summers

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

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

Dr. James C. Metts, of Savannah, Georgia, served as doctor of the day today.

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

82

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, January 19, 1982 Ninth Legislative Day

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 515. By Senator Land of the 16th:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia An notated, relating to parks; historic areas, memorials, and recreation, so as to provide for the Department of Natural Resources to establish a pro gram whereby persons who are 65 years of age or older and who are bona fide residents of the State of Georgia may obtain a 50 percent dis count on camping fees charged at State parks on certain days.
Referred to Committee on Natural Resources and Environmental Quality.

SB 516. By Senator Land of the 16th:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries, as amended, so as to provide for the applicability of said Code Chapter to certain consolidated governments; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Judiciary.

SB 517. By Senator Kidd of the 25th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, so as to change the definition of the term "practi tioner"; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Human Resources.

TUESDAY, JANUARY 19, 1982

83

SB 518. By Senator Kidd of the 25th:
A bill to amend Code Chapter 43-2 of the Official Code of Georgia An notated, relating to review, continuation, and termination of regulatory agencies, so as to provide for responses to certain performance audits and additional procedures relating thereto; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 519. By Senators Coverdell of the 40th, Stumbaugh of the 55th and Howard of the 42nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia An notated, relating to drivers' licenses, so as to provide for conditional drivers' licenses for persons 16 or 17 years of age; to provide for the revocation of such conditional drivers' licenses; to change the provisions relating to habitual violaters; to change the provisions relating to the mandatory suspension of drivers' licenses for certain offenses.
Referred to Committee on Public Safety.

SB 520. By Senator Barnes of the 33rd:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia An notated, relating to the scope of practice of chiropractors, so as to authorize chiropractors to sign death and health certificates; to make an editorial change; to provide an effective date.
Referred to Committee on Human Resources.

SB 521. By Senator Barnes of the 33rd:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia An notated, relating to sentencing of convicted criminal defendants, so as to provide that the sentencing judge may direct that certain felony sentences be served in a county correctional institution; to provide an ef fective date. Referred to Committee on Judiciary.
SB 522. By Senator Barnes of the 33rd:
A bill to amend Code Section 81-1413, relating to continuances because of absence or illness of counsel, so as to provide that a postponement shall be given as a matter of right if counsel is in another court; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates. Referred to Committee on Judiciary.

84

JOURNAL OF THE SENATE

SB 523. By Senator Barnes of the 33rd:
A bill to amend an Act relating to interest rates upon certain bonds and other obligations issued by local governments, authorities, and public corporations so as to eliminate the interest rate ceiling on county and municipal bonds issued pursuant to the "Revenue Bond Law"; to ratify the provisions of said Act; to amend the Official Code of Georgia An notated accordingly; to provide for severability; to provide effective dates.
Referred to Committee on Banking, Finance and Insurance.

SB 524. By Senator Barnes of the 33rd:
A bill to amend Code Title 38, relating to evidence, so as to provide that the physical custody and control of evidence shall be in the clerk of court; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Judiciary.

SB 525. By Senator Barnes of the 33rd:
A bill to amend Code Section 24-1716, relating to probate court costs, as amended, so as to change the costs relating to the application for and is suance of marriage licenses and provide for a portion of such costs to be state funds; to amend trie Official Code of Georgia Annotated so as to provide therein for all of the above matters; to provide effective dates.
Referred to Committee on Judiciary.

SB 526. By Senators Cobb of the 28th, Fincher of the 52nd, Thompson of the 32nd and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia An notated, relating to crimes against the person, so as to provide for the crime of feticide; to provide penalties; to provide an effective date.
Referred to Committee on Special Judiciary.

SB 527. By Senators Cobb of the 28th, Timmons of the llth, Brannon of the 51st and others:
A bill to amend Code Section 79A-828, relating to forfeitures, as amend ed, so as to provide for the forfeiture of certain objects and materials; to provide the procedure for the forfeiture of said objects and materials; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Special Judiciary.

TUESDAY, JANUARY 19, 1982

85

SB 528. By Senator Kidd of the 25th:
A bill to amend an Act providing minimum salaries for sheriffs to be paid from county funds, as amended, so as to provide adequate compensation for the sheriffs of the state; to change the minimum salaries provided by this act.
Referred to Committee on Governmental Operations.

SB 529. By Senators McGill of the 24th, Kennedy of the 4th, Walker of the 19th and others:
A bill to amend Code Section 2-8-6 of the Official Code of Georgia An notated, relating to the composition of agricultural commodity commis sions, so as to fix the compensation of certain members of the commis sions; to provide for expense reimbursement to employees of the com mission; to provide an effective date.
Referred to Committee on Agriculture.

SB 530. By Senator Howard of the 42nd:
A bill to provide for departmental and agency reports of the proposed use of federal block grant funds and for public access to, public hearings upon, and legislative review of these reports; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
Referred to Committee on County and Urban Affairs--GEN.

SB 531. By Senators Coverdell of the 40th, Scott of the 43rd, Allgood of the 22nd and others:
A bill to amend an Act known as the "Statewide Probation Act", as amended, so as to provide that county probation systems shall become a part of the statewide probation system effective on certain dates and shall be funded as a part of the statewide probation system; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Offender Rehabilitation.
SB 532. By Senators Land of the 16th, Robinson of the 27th, Barker of the 18th and others:
A bill to amend an Act providing that all meetings of any state depart ment, agency, board, bureau, commission, or political subdivision shall be open to the public at all times, as amended, so as to require advance public notice of meetings; to amend the Official Code of Georgia An notated accordingly. Referred to Committee on Governmental Operations.

86

JOURNAL OF THE SENATE

SB 533. By Senators Land of the 16th, Robinson of the 27th, Barker of the 18th and others:
A bill to amend an Act providing that all meetings of any state depart ment shall be open to the public at all times, as amended, so as to provide that meetings at which public business is to be discussed and at which a quorum of the agency is expected to be present shall be open to the public at all times.
Referred to Committee on Governmental Operations.

SB 534. By Senators Land of the 16th, Robinson of the 27th, Barker of the 18th and others:
A bill to amend an Act providing that all meetings of any state depart ment shall be open to the public at all times, as amended, so as to change the provisions relating to the attorney-client privilege; to amend the Of ficial Code of Georgia Annotated accordingly.
Referred to Committee on Governmental Operations.

SB 535. By Senator Land of the 16th:
A bill to amend an Act establishing the Georgia Legislative Retirement System, as amended, so as to change the provisions relative to the cessa tion of benefits upon returning to state service; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.
Referred to Committee on Retirement.

SB 536. By Senator Coverdell of the 40th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia An notated, relating to membership in Teachers Retirement System of Georgia, so as to provide that persons who become employed as teachers by any county school system on and after a certain date shall be members of the Teachers Retirement System and shall not be eligible for membership in any local retirement or pension system or fund; to pro vide an effective date.
Referred to Committee on Retirement.

SB 537. By Senators Thompson of the 32nd, Barnes of the 33rd and Dean of the 31st:
A bill to amend an Act creating the Fireman's Retirement System, as amended, so as to change the provisions governing eligibility for membership in the fund; to amend the Official Code of Georgia An notated accordingly; to provide effective dates.
Referred to Committee on Retirement.

TUESDAY, JANUARY 19, 1982

87

SR 241. By Senators Kidd of the 25th, Greene of the 26th, Lester of the 23rd and others:
A resolution proposing an amendment to the Constitution so as to pro vide for appropriate committees of the General Assembly to fill a vacan cy in office after the Governor has failed to fill such vacancy within 90 days after the vacancy occurs; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

SR 242. By Senators Garner of the 30th, Fincher of the 52nd, Barnes of the 33rd and others:
A resolution creating the Joint Correctional Institution Study Committee. Referred to Committee on Offender Rehabilitation.

SR 243. By Senators Robinson of the 27th, Greene of the 26th, Land of the 16th 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 exceptions; to provide that the provi sions shall be self-executing.
Referred to Committee on Governmental Operations.

The following reports of standing committees were read by the Secretary:
Mr. President:
The 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 469. Do pass. SR 227. Do pass. HB 1168. Do pass. HB 1169. Do pass. HB 1170. Do pass. HB 1171. Do pass.
Respectfully submitted, Senator Dean of the 31 st District, Chairman

88 Mr. President:

JOURNAL OF THE SENATE

The Committee on Judiciary 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 470. Do pass. SB 474. Do pass as amended. SR 222. Do pass.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman

Mr. President:

The Committee on Natural Resources and Environmental Quality 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 170. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The 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 479. Do pass. SB 480. Do pass. SB 481. Do pass. SB 482. Do pass. HB 1145. Do pass. HB 1156. Do pass.
Respectfully submitted, Senator Timmons of the 11th District, Chairman

TUESDAY, JANUARY 19, 1982

89

Mr. President:

The Committee on Transportation has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with following recommendation:
SB 513. Do pass by substitute.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

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

Allgood Barker 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 Hollo way Horton Hudgins Kennedy Kidd Land Lester Littlefield McGill

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

Those not answering were Senators:

Ballard Barnes Bond

Brown of 47th (excused) Howard

Hudson Thompson

Senator McKenzie of the 14th introduced the chaplain of the day, The Right Reverend Bennett J. Sims, pastor of the Cathedral of St. Philip, Atlanta, Georgia,
who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 230. By Senator McKenzie of the 14th:
A resolution commemorating the seventy-fifth anniversary of the Episcopal Diocese of Atlanta.

90

JOURNAL OF THE SENATE

SR 245. By Senators Lester of the 23rd and Allgood of the 22nd: A resolution commending the Atlantic Coast Cutting Horse Association.

Senator Evans of the 37th moved that the following bill of the Senate be withdrawn from the consideration of the Senate:

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.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 163 was withdrawn from the consideration of the Senate.

Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn from the Committee on Governmental Operations and committed to the Committee on Offender Rehabilitation:

SB 508. By Senator Land of the 16th:
A bill to amend Code Section 42-5-100 of the Official Code of Georgia An notated, relating to the promulgation of rules and regulations governing earned-time allowances, so as to change the provisions relating to the maximum amount of earned-time allowances; to provide an effective date.

On the motion, the yeas were 36, nays 1; the motion prevailed, and SB 508 was withdrawn from the Committee on Governmental Operations and committed to the Committee on Offender Rehabilitation.

SENATE CALENDAR Tuesday, January 19, 1982 NINTH LEGISLATIVE DAY

SB 465. Motor Vehicle Safety Inspection Act-repeal (SUBSTITUTES) (AMEND MENTS) (Pub Saf-28th)

The following general bill of the Senate, having been read the third time on January 14 and postponed until January 18, and postponed on January 18 until January 19, was put upon its passage:

TUESDAY, JANUARY 19, 1982

91

SB 465. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to repeal Code Title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act", as amended.

Senator Cobb of the 28th moved that SB 465 be committed to the Committee on Public Safety.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 465 was committed to the Committee on Public Safety.

Senator Eldridge of the 7th introduced the doctor of the day, Dr. Larry Duane, of Waycross, Georgia.

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

Mr. President:

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

HB 1161. By Representatives Isakson of the 20th, Adams of the 36th, Johnson of the 66th and others:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia An notated, relating to the Department of Community Affairs, so as to change the purposes, powers, and duties of said department; to change the membership and duties of a certain advisory committee; to provide for boundary changes of area planning and development commissions.

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

HB 1161. By Representatives Isakson of the 20th, Adams of the 36th, Johnson of the 66th and others:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia An notated, relating to the Department of Community Affairs, so as to change the purposes, powers and duties of said department; to change the membership and duties of a certain advisory committee; to provide for boundary changes of area planning and development commissions.
Referred to Committee on Governmental Operations.

92

JOURNAL OF THE SENATE

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 10:50 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, JANUARY 20, 1982

93

Senate Chamber, Atlanta, Georgia Wednesday, January 20, 1982 Tenth Legislative Day

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

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

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

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

Mr. President:

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

HB 1118. By Representatives Darden, Thompson and Wilson of the 19th and Aikenof the 21st:
A bill to amend an Act creating the State Court of Cobb County, so as to provide for an additional judge of the State Court of Cobb County; to pro vide for the appointment of the initial judge.

HB 1184. By Representative Parham of the 109th:
A bill to repeal an Act entitled "An Act creating and establishing a Small Claims Court in each county having a population of not less than 7,500 and not more than 7,900 according to the Official United States decennial census of 1960 or any future such census.''

HB 1197. By Representatives Rowland of the 119th, Coleman of the 118th, Lord of the 105th and others:
A bill to amend an Act creating the Dublin Judicial Circuit, so as to pro vide that certain grand juries of counties in that circuit may serve and be convened for a second consecutive term of court.

94

JOURNAL OF THE SENATE

HB 1222. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to further define, prescribe and enlarge the powers and duties of the Central Valdosta Development Authority and to further regulate the management and conduct of the Authority.

HB 1230. By Representatives Nicholson of the 88th, Padgett of the 86th, Swann of the 90th and others:
A bill to amend an Act providing for a board of elections in certain coun ties and for other purposes, so as to change the population bracket of the counties to which the Act applies.

HB 1245. By Representatives Williams of the 48th, Childs of the 51st, Vandiford of the 53rd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the automatic transfer of dispossessory and garnishment cases of DeKalb County.

HB 1246. By Representative Cox of the 141st:
A bill to amend Code Chapter 24-17, relating to powers, election, qualification, and fees of judges of the probate courts, so as to provide that in all counties of this state having a population of not less than 25,400 nor more than 25,900, the fees of the judges of the probate courts shall be of a different and certain sum; to amend the Official Code of Georgia Annotated accordingly.

HB 1048. By Representative Fuller of the 16th:
A bill to amend an Act providing for retained amounts on certain water and sewer contracts or escrow accounts in lieu of such retained amounts, so as to require the insertion of clauses relating to the escrow account alternative in specifications of certain contracts.

HB 1229. By Representatives Nicholson of the 88th, Padgett of the 86th, Swann of the 90th and others:
A bill to amend Code Section 59-104, relating to the clerk of the board of jury commissioners, so as to provide in certain counties that the chief judge of the superior court of said counties shall be authorized and em powered to appoint a jury clerk and such other necessary personnel; to amend the Official Code of Georgia Annotated accordingly.

HB 1157. By Representatives Colbert of the 23rd and Martin of the 60th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia An notated, relating to the regulation of fire and other hazards to persons and property, so as to require fire departments to make certain reports of incidents or suspected incidents of arson.

WEDNESDAY, JANUARY 20, 1982

95

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

HB 1142. By Representatives Harris of the 8th and Ham of the 80th:
A bill to provide supplementary appropriations for the fiscal year ending June 30, 1982; to confer certain responsibilities upon the Office of Plan ning and Budget.

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

SB 538. By Senator Deal of the 49th:
A bill to amend Code Section 27-2511.1, relating to review of certain sentences, as amended, so as to provide for inapplicability to sentences imposed in misdemeanor cases; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal. Referred to Committee on Judiciary.
SB 539. By Senator Kidd of the 25th:
A bill to amend Code Chapter 46-7, relating to continuing garnishment, as amended, so as to change the provisions relating to the number of answers to a summons of continuing garnishment; to change the provi sions relating to answer and payment; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates. Referred to Committee on Special Judiciary.

SB 540. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Georgia State Occupational Therapy Licensing Act", as amended, so as to continue the Georgia State Board of Occupational Therapy and the laws relating thereto but to pro vide for the later termination of that board and those laws; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal. Referred to Committee on Human Resources.
SB 541. By Senator Kidd of the 25th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures, so as to change the provisions relating to the forfeiture of money and currency and money and currency received from the sale of seized property; to provide an effective date. Referred to Committee on Special Judiciary.

96

JOURNAL OF THE SENATE

SB 542. By Senator Ballard of the 45th:
A bill to amend Code Section 47-9-60 of the Official Code of Georgia An notated, relating to the creation of the office of senior judge under the Superior Court Judges Retirement System, so as to change the provisions relating to senior judges; to provide an effective date.
Referred to Committee on Retirement.

SB 543. By Senator Sutton of the 9th:
A bill to amend Code Chapter 91A-41, relating to setoff debt collection in connection with income tax refunds, so as to include within the defini tion of a claimant agency the Georgia Higher Education Assistance Cor poration; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Banking, Finance and Insurance.

SB 544. By Senator Sutton of the 9th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia An notated, relating to the Teachers Retirement System of Georgia, so as to revise a definition; to provide an effective date. Referred to Committee on Retirement.

SB 545. By Senator Sutton of the 9th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia An notated, relating to the Employees' Retirement System of Georgia, so as to revise a definition; to provide an effective date. Referred to Committee on Retirement.

SB 546. By Senator Kidd of the 25th:
A bill to amend an Act creating the office of tax commissioner of Han cock County, as amended, so as to change the compensation of the tax commissioner; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 547. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff, the judge of the Probate Court, and the clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation provisions relating to the judge of the probate court and the clerk of the superior court; to provide an effective date.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, JANUARY 20, 1982

97

SB 548. By Senator Coverdell of the 40th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide that persons who become employees of the state as a result of a county probation system becoming a part of the statewide probation system shall have the right to remain members of local retirement systems under certain conditions; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Retirement.

SB 549. By Senator Coverdell of the 40th:
A bill to amend an Act providing that cities having a population of more than 150,000 according to the United States decennial census of 1920 or any future such census shall furnish pensions to officers and employees of such cities, as amended, so as to provide that certain benefits for of ficers elected or appointed for definite terms shall not apply to officers who take office after a certain date.
Referred to Committee on Retirement.

SB 550. By Senators Littlefield of the 6th and Wessels of the 2nd:
A bill to amend an Act known as the "Housing Authorities Laws", as amended, so as to authorize authorities to purchase mortgage loans and other appropriate forms of collateral and participation interests therein from mortgage lenders and other holders of such loans and collateral to provide financing for dwelling units suitable for occupancy by persons and families of low and moderate income.
Referred to Committee on Banking, Finance and Insurance.

SB 551. By Senator Littlefield of the 6th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, as amended, so as to provide that the board of commissioners may accept certain applications for reinstatement in said fund from prior members who have withdrawn the total sum which they had paid into the fund in dues; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Retirement.

SB 552. By Senators Littlefield of the 6th and Hill of the 29th:
A bill to amend Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as amended, so as to change the population classifications; to change the minimum salaries of such of ficers; to provide for additional compensation to such officers for collect ing municipal taxes; to provide for other matters relative to the forego ing; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Governmental Operations.

98

JOURNAL OF THE SENATE

SB 553. By Senator Scott of the 43rd:
A bill to amend Code Section 56-1304, relating to time of payment of tax on insurance premiums, as amended, so as to provide for appropriate notation in reporting forms as prescribed by the commissioner; to amend the Official Code of Georgia Annotated accordingly; to provide for other matters relative to the foregoing; to provide for effective dates and automatic repeal.
Referred to Committee on Banking, Finance and Insurance.

SB 554. By Senator Wessels of the 2nd:
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 relating to creditable service; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates.
Referred to Committee on Retirement.

SB 555. By Senators Tate of the 38th, Coverdell of the 40th, Allgood of the 22nd and others:
A bill to amend an Act establishing the Teachers Retirement System, as amended, so as to change the provisions relative to the transfer of teachers under a certain independent school system to the Teachers Retirement system; to amend the Official Code of Georgia Annotated ac cordingly; to provide effective dates; to provide for specific repeal.
Referred to Committee on Retirement.

SB 556. By Senators Tate of the 38th, Engram of the 34th and Summers of the 53rd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia An notated, relating to the Teachers Retirement System of Georgia, so as to revise a definition; to provide an effective date.
Referred to Committee on Retirement.

SB 557. By Senators Tate of the 38th, Engram of the 34th and Summers of the 53rd:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia An notated, relating to the Employees' Retirement System of Georgia, so as to revise a definition; to provide an effective date.
Referred to Committee on Retirement.

WEDNESDAY, JANUARY 20, 1982

99

SB 558. By Senator Kidd of the 25th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to prisons, county cor rectional institutions, and prisoners, as amended, so as to provide an in crease in compensation for uniformed officers employed by the Depart ment of Offender Rehabilitation in correctional institutions; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Offender Rehabilitation.

SB 559. By Senator Thompson of the 32nd:
A bill to amend Code Chapter 68A-9, 68B-3, and 68D-1, so as to change the penalties for driving under the influence of alcohol or drugs; to pro vide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates.
Referred to Committee on Public Safety.

SB 560. 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 relative to eligibility and creditable service by providing a time by which applications must be made; to provide for late charges for delinquent contributions; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 561. By Senators Fincher of the 52nd, Lester of the 23rd, McKenzie of the 14th and others:
A bill to amend Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, so as to provide for the later termina tion of the board and those laws; to amend the Official Code of Georgia Annotated accordingly; to repeal Article 3 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, known as the "Orthotists Practice Act"; to provide for effective dates.
Referred to Committee on Human Resources.

SB 562. By Senator Garner of the 30th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia An notated, relating to prior service credits and payments required therefor, so as to provide for creditable service for active duty in the armed forces of the United States between January 1, 1954, and December 31, 1958, inclusive, under certain conditions; to provide an effective date.
Referred to Committee on Retirement.

100

JOURNAL OF THE SENATE

SB 563. By Senator Garner of the 30th:
A bill to amend Code Section 47-2-110 of the Official Code of Georgia An notated, relating to retirement ages and application and eligibility for retirement allowance, so as to authorize retirement of persons having at least 30 years of service in the Georgia National Guard and to provide conditions therefor; to provide an effective date.
Referred to Committee on Retirement.

SB 564. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated, so as to require certain initial training for persons who serve as judges of the probate court; to provide for continued annual training; to exclude certain years of service from retirement eligibility; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 565. By Senator Fincher of the 54th:
A bill to amend Chapter 1 of Title 47 of the Official Code of Georgia An notated, relating to general provisions concerning retirement and pen sions, so as to prohibit persons under certain local retirement systems from qualifying for retirement or pension benefits thereunder prior to reaching age 55; to provide a definition; to provide for exceptions; to pro vide an effective date.
Referred to Committee on Retirement.

SR 244. By Senator Kidd of the 25th:
A resolution to amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 extraordinary session of the General Assembly, which proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982, so as to change the provisions relating to the County Court of Baldwin County and the County Court of Putnam County.
Referred to Committee on Judiciary.

SR 246. By Senators Stumbaugh of the 55th, Eldridge of the 7th and Robinson of the 27th:
A resolution to amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 extraordinary session of the General Assembly, which proposes a new Constitution for the State of Georgia so as to delete Article III, Section IV, Paragraph XI which authorizes either house of the General Assembly to provide by rule for exceptions to the require ment that sessions of the General Assembly and all standing committee meetings shall be open to the public.
Referred to Committee on Rules.

WEDNESDAY, JANUARY 20, 1982

101

SR 247. By Senator Hudson of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize and direct the governing authority of Fulton County to establish rules and regulations to provide an annual 3 percent cost-ofliving increase for certain former officers and employees of Fulton Coun ty who retired prior to January 1, 1964; 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 com mittees:
HB 1048. By Representative Fuller of the 16th:
A bill to amend an Act providing for retained amounts on certain water and sewer contracts or escrow accounts in lieu of such retained amounts, so as to require the insertion of clauses relating to the escrow account alternative in specifications of certain contracts. Referred to Committee on Industry, Labor and Tourism.
HB 1118. By Representatives Darden, Thompson and Wilson of the 19th and Aikenofthe21st:
A bill to amend an Act creating the State Court of Cobb County, so as to provide for an additional judge of the State Court of Cobb County; to pro vide for the appointment of the initial judge. Referred to Committee on County and Urban Affairs.
HB 1157. By Representatives Colbert of the 23rd and Martin of the 60th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia An notated, relating to the regulation of fire and other hazards to persons and property, so as to require fire departments to make certain reports of incidents or suspected incidents of arson. Referred to Committee on Public Safety.
HB 1184. By Representative Par ham of the 109th:
A bill to repeal an Act entitled "An Act creating and establishing a Small Claims Cqurt in each county having a population of not less than 7,500 and not more than 7,900 according to the Official United States decennial census of 1960 or any future such census." Referred to Committee on County and Urban Affairs.

102

JOURNAL OF THE SENATE

HB 1197. By Representatives Rowland of the 119th, Coleman of the 118th, Lord of the 105th and others:
A bill to amend an Act creating the Dublin Judicial Circuit, so as to pro vide that certain grand juries of counties in that circuit may serve and be convened for a second consecutive term of court.
Referred to Committee on County and Urban Affairs.

HB 1222. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to further define, prescribe and enlarge the powers and duties of the Central Valdosta Development Authority and to further regulate the management and conduct of the Authority.
Referred to Committee on County and Urban Affairs.

HB 1229. By Representatives Nicholson of the 88th, Padgett of the 86th, Swann of the 90th and others:
A bill to amend Code Section 59-104, relating to the clerk of the board of jury commissioners, so as to provide in certain counties that the chief judge of the superior court of said counties shall be authorized and em powered to appoint a jury clerk and such other necessary personnel; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1230. By Representatives Nicholson of the 88th, Padgett of the 86th, Swann of the 90th and others:
A bill to amend an Act providing for a board of elections in certain coun ties and for other purposes, so as to change the population bracket of the counties to which the Act applies.
Referred to Committee on County and Urban Affairs.

HB 1245. By Representatives Williams of the 48th, Childs of the 51st, Vandiford of the 53rd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the automatic transfer of dispossessory and garnishment cases of DeKalb County.
Referred to Committee on County and Urban Affairs.

HB 1246. By Representative Cox of the 141st:
A bill to amend Code Chapter 24-17, relating to powers, election, qualification, and fees of judges of the probate courts, so as to provide that in all counties of this state having a population of not less than 25,400 nor more than 25,900, the fees of the judges of the probate courts shall be of a different and certain sum; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, JANUARY 20, 1982

103

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

Mr. President:

The 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 471. SR 225. HB 817.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Appropriations has had under consideration the following bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 491. HR 27. HR 57. HR 106. HR 137. HR 244. HR 253. HR 272.

Do pass. Do pass. Do pass as amended. Do pass. Do not pass. Do not pass. Do pass. Do not pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

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

SB 469. By Senator Timmons of the 11 th:
A bill to amend an Act reincorporating the City of Donalsonville so as to change the fine which can be imposed in the recorder's court.

104

JOURNAL OF THE SENATE

SB 470. By Senators Thompson of the 32nd, Barnes of the 33rd and Stumbaugh of the 55th:
A bill to amend Code Section 26-3102, relating to capital offenses, jury verdicts and sentences, as amended, so as to provide that a person may be sentenced to life imprisonment without parole under certain condi tions; to provide that life imprisonment without parole shall not be im posed unless at least one statutory aggravating circumstance is found by the jury; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 474. By Senator Barnes of the 33rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated; to codify laws of the State of Georgia, or por tions thereof, omitted from the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated.

SB 479. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia An notated; relating to trafficking in cocaine, illegal drugs, or marijuana, so as to change the provisions relating to possession of cocaine, heroin, and marijuana; to change the type of possession necessary to constitute an offense under this Code section; to create certain additional crimes relating to the drug methaqualone; to provide an effective date.

SB 480. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia An notated, relating to financial institutions, so as to require the reporting of certain currency transactions in excess of $10,000.00 made with finan cial institutions; to provide for purposes; to define certain terms; to pro vide for records and reports; to provide an effective date.

SB 481. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia An notated, relating to bonds and recognizances, so as to change the provi sions relating to offenses which are bailable; to provide that certain of fenses are bailable only before a judge of the superior court; to provide an effective date.

SB 482. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to amend Code Section 17-6-30 of the Official Code of Georgia An notated, relating to fees of sureties on criminal bonds, so as to change the provisions relative to such fees; to provide an effective date.

WEDNESDAY, JANUARY 20, 1982

105

SB 513. By Senators Reynolds of the 48th, Turner of the 8th, Lester of the 23rd and others:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia, relating to erection of outdoor advertising and the con trol thereof in areas adjacent to highway rights of way, so as to repeal the provision relating to the Outdoor Advertising Citizens Advisory Council; to revise the provisions relating to the trimming of trees and vegetation; to provide for other matters relative thereto.

SR 222. By Senators Thompson of the 32nd, Barnes of the 33rd and Stumbaugh of the 55th:
A resolution proposing an amendment to the Constitution so as to pro vide that when a person is convicted of an offense punishable by death and the jury finds at least one aggravating circumstance and recom mends that such person be sentenced to life imprisonment without parole, the court shall sentence such person to life imprisonment without parole and the board shall not have the authority to consider such person for parole under any conditions; to provide for the submission of this amendment for ratification or rejection.

SR 227. By Senator Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to pro vide that unless the joint county and municipal sales and use tax is ap proved for imposition within Towns County prior to November 1, 1982, then on and after January 1, 1983, said sales and use tax shall be imposed within Towns County; to provide for submission of this amendment for ratification or rejection.

HB 1145. By Representative Jackson of the 9th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act," so as to change the definition of a term; to amend the Official Code of Georgia Annotated accordingly.
HB 1156. By Representatives McDonald of the 12th, Jackson of the 9th, Logan of the 62nd and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment and inspection of motor vehicles, so as to repeal certain provisions relative to the annual motor vehicle safety in spections; to provide for annual safety inspections for school buses; to provide for a penalty for the failure to comply with certain requirements relative to safety equipment.

106

JOURNAL OF THE SENATE

HB 1168. By Representatives Martin of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia An notated, relating to ad valorem taxation of property, so as to provide for the filling of vacancies in the office of tax commissioner in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980 or any future such census.

HB 1169. By Representatives Martin of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the filling of vacancies in the of fices of judge of the probate court and sheriff in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980 or any future such census.

HB 1170. By Representatives Martin of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to provide for the filling of vacancies in the offices of judge of the probate court, tax commissioner, and sheriff in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980 or any future such census.

HB 1171. By Representatives Wall of the 61st, Phillips of the 59th and Martin of the 60th:
A bill to amend an Act providing for a board of elections in certain coun ties, so as to change the population data.

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

Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell

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

Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie Reynolds Robinson Scott

WEDNESDAY, JANUARY 20, 1982

107

Starr Stephens Stumbaugh Summers

Sutton Tate Timmons Trulock

Turner Tysinger Walker Wessels

Those not answering were Senators:

Allgood

Garner

Brown of 47th (excused) Littlefield

Thompson

Senator Bowen of the 13th introduced the chaplain of the day, Reverend Joel Dent, pastor of the United Methodist Church, Vienna, Georgia, who offered scrip ture reading and prayer.
The following resolution of the Senate was read and adopted:
SR 231. By Senator McKenzie of the 14th: A resolution commending the D. F. Douglass High School football team.
SENATE CALENDAR Wednesday, January 20, 1982 TENTH LEGISLATIVE DAY SR 170 Recommending acquisition of land to provide adequate supply of state parks, historic sites (NREQ--20th)
The following resolution of the Senate, having been read the second time on March 18, 1981, committed to the Committee on Natural Resources and En vironmental Quality on January 11, 1982, and favorably reported by the commit tee, was read the third time and put upon its adoption:
SR 170. By Senators Gillis of the 20th, Walker of the 19th, Bryant of the 3rd and others: A resolution calling for the acquisition of land to insure a future suffi ciency of state parks, historic sites, and wildlife management areas.
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:

108

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond 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 Holloway 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:

Allgood Ballard

Brown of 47th (excused) Littlefield

Timmons

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

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

Senator Dean of the 31st introduced the doctor of the day, Dr. John Atha, of Rockmart, Georgia.
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 559. By Representatives Lambert of the 112th, Argo of the 63rd, Bray of the 70th and others: A resolution relative to the one hundredth anniversary of the birth of President Franklin Delano Roosevelt.

WEDNESDAY, JANUARY 20, 1982

109

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

HB 1109. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend an act known as the "Georgia Water Quality Control Act," so as to provide for monitoring, recording, and reporting certain in formation regarding the withdrawal of water from surface waters for cer tain irrigation systems.
HB 1110. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend an Act known as the "Groundwater Use Act of 1972," so as to change the provisions relating to exemptions from said Act.

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

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; to repeal conflicting laws.
The following bills of the House were read the first time and referred to com mittee:
HB 1109. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend an Act known as the "Georgia Water Quality Control Act," so as to provide for monitoring, recording, and reporting certain in formation regarding the withdrawal of water from surface waters for cer tain irrigation systems. Referred to Committee on Natural Resources and Environmental Quality.
HB 1110. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend an Act known as the "Groundwater Use Act of 1972," so as to change the provisions relating to exemptions from said Act. Referred to Committee on Natural Resources and Environmental Quality.
Senator Turner of the 8th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

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

110

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, January 21, 1982 Eleventh Legislative Day
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 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 1209. By Representatives Nicholson of the 88th, Cheeks of the 89th, Connell of the 87th, and others:
A bill to amend Article 4 of Chapter 12 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame; to provide for a board and its membership.

HB 823. By Representatives Wall of the 61st, Martin of the 60th and Phillips of the 59th:
A bill to amend grand juries in general, so as to provide that all elected of ficers and officials shall be ineligible to serve on grand juries while holding elective office and for two years thereafter.

HB 1087. By Representatives Darden, Wilson and Thompson of the 19th:
A bill to add one additional judge of the superior courts of the Cobb Judicial Circuit of Georgia; to provide for the election of such judge and his successors.

HB 1158. By Representatives Bishop of the 94th, Smyre of the 92nd, Buck of the 95th and others:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, so as to provide that said Code Chapter shall apply within certain consolidated city-county governments; to amend the Official Code of Georgia Annotated accordingly.

THURSDAY, JANUARY 21, 1982

111

HB 1175. By Representatives Savage of the 25th, Kemp of the 139th, Clark of the 13th and others:
A bill to amend Code Section 16-11-64 of the Official Code of Georgia An notated, relating to the use of wiretapping, eavesdropping, and other surveillance devices by law enforcement officers, so as to authorize the use of such devices in investigating crimes involving importation or sale of controlled substances.

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

HR 514. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others:
A resolution to amend a resolution creating the Select Committee on Constitutional Revision, so as to extend the existence of the committee.

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

SB 566. By Senators Walker of the 19th, English of the 21st, Fincher of the 52nd and others:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia An notated, relating to sentence and punishment, so as to require the death sentence to be carried out in the county in which the defendant was con victed; to provide for a mobile death chamber distinctively marked; to provide for other matters relative thereto; to provide an effective date.
Referred to Committee on Offender Rehabilitation.

SB 567. By Senator Kidd of the 25th:
A bill to create the Executive Probate Judges Council of Georgia; to pro vide for the membership of the council, their qualifications, appoint ment, election, compensation, expenses, terms of office, succession, duties, powers, authority, and responsibilities; to provide for a method of filling vacancies; to amend the Official Code of Georgia Annotated ac cordingly.
Referred to Committee on Governmental Operations.

SB 568. By Senators Garner of the 30th, Dean of the 31st and Hill of the 29th:
A bill to amend the "Georgia Safe Dams Act of 1978", as amended, so as to specify what spillways shall comply with the Act; to amend the Of ficial Code of Georgia Annotated accordingly; to provide effective dates. Referred to Committee on Natural Resources and Environmental Quality.

112

JOURNAL OF THE SENATE

SB 569. By Senator Summers of the 53rd:
A bill to amend Code Chapter 68A-13, relating to special rules for motor cycles, so as to repeal the requirements of protective headgear and eye protective devices for riders; to amend the Official Code of Georgia An notated accordingly; to provide effective dates.
Referred to Committee on Public Safety.

SB 570. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to traffic violations bureaus, so as to provide that the procedure, conditions, and requirements applicable to traffic violations bureaus shall be applicable to traffic laws and ordinances; to specify the offenses over which bureaus and courts have jurisdiction under this article; to provide for exceptions; to provide an effective date.
Referred to Committee on Judiciary.

SB 571. By Senators Land of the 16th, Hill of the 29th and Walker of the 19th:
A bill to amend Code Chapter 27-15, relating to demurrers and special pleas, insanity, and mental incompetency, as amended, so as to change the provisions relating to pleas of insanity; to provide for verdicts of guilty, but mentally ill, under certain circumstances; to amend the Of ficial Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Judiciary.

SB 572. By Senators Land of the 16th, Barnes of the 33rd and Walker of the 19th:
A bill to amend Chapter 5 of Title 17 of the Official Code of Georgia An notated, relating to searches and seizures, so as to change the provisions relating to disposition of property seized; to change certain procedures; to provide an effective date.
Referred to Committee on Judiciary-

SB 573. By Senator Scott of the 43rd:
A bill to amend Code Chapter 27-9, relating to bail, surrender of prin cipal, and forfeiture of bond, as amended, so as to prohibit bail for cer tain sexual offenses when the accused has any prior conviction of certain sexual offenses; to amend the Official Code of Georgia Annotated ac cordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Special Judiciary.

THURSDAY, JANUARY 21, 1982

113

SB 574. By Senator Scott of the 43rd:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia An notated, relating to sentence and punishment, so as to change the provi sions relating to the authority of a judge to suspend or probate sentences of defendants convicted of a certain sex crime; to provide an effective date.
Referred to Committee on Special Judiciary.

SB 575. By Senator Foster of the 50th:
A bill to amend Code Title 114, relating to Workers' Compensation, as amended, so as to provide that corporate officers may elect to be exempt from coverage under the Workers' Compensation Law; to provide for procedures, requirements and other matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal.
Referred to Committee on Industry, Labor and Tourism.

SR 249. By Senator Littlefield of the 6th:
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 a nonex clusive easement in and to certain state-owned real property situated in the Frederica River, Glynn County, Georgia, to Golden Isles Marina, Inc.
Referred to Committee on Public Utilities.

SR 250. By Senator Foster of the 50th: A resolution authorizing the conveyance of certain real property located in Habersham County.
Referred to Committee on Public Utilities.
The following bills and resolutions of the House were read the first time and referred to committees:

HB 823. By Representatives Wall of the 61st, Martin of the 60th and Phillips of the 59th:
A bill to amend grand juries in general, so as to provide that all elected of ficers and officials shall be ineligible to serve on grand juries while holding elective office and for two years thereafter.
Referred to Committee on Judiciary.

HB 1087. By Representatives Darden, Wilson and Thompson of the 19th:
A bill to add one additional judge of the superior courts of the Cobb Judicial Circuit of Georgia; to provide for the election of such judge and his successors. Referred to Committee on Judiciary.

114

JOURNAL OF THE SENATE

HB 1158. By Representatives Bishop of the 94th, Smyre of the 92nd, Buck of the 95th and others:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, so as to provide that said Code Chapter shall apply within certain consolidated city-county governments; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Special Judiciary.

HB 1175. By Representatives Savage of the 25th, Kemp of the 139th, Clark of the 13th and others:
A bill to amend Code Section 16-11-64 of the Official Code of Georgia An notated, relating to the use of wiretapping, eavesdropping, and other surveillance devices by law enforcement officers, so as to authorize the use of such devices in investigating crimes involving importation or sale of controlled substances.
Referred to Committee on Judiciary.

HB 1209. By Representatives Nicholson of the 88th, Cheeks of the 89th, Connell of the 87th and others:
A bill to amend Article 4 of Chapter 12 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame; to provide for a board and its membership.
Referred to Committee on County and Urban Affairs--GEN.

HR 514. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others:
A resolution to amend a resolution creating the Select Committee on Constitutional Revision, so as to extend the existence of the committee. Referred to Committee on Judiciary.

The following reports of standing committees were read by the Secretary:
Mr. President: The Committee on Agriculture has had under consideration the following bills
of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 529. Do pass. SB 468. Do pass by substitute.
Respectfully submitted, Senator McGill of the 24th District, Chairman

THURSDAY, JANUARY 21, 1982

115

Mr. President:
The 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 55. Do pass as amended.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:
The 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 483. Do pass. SB 485. Do pass. SB 521. Do pass. SB 524. Do pass. SB 525. Do pass. HB 1162. Do pass as amended.
Respectfully submitted,
Senator Barnes of the 33rd District, Chairman
Mr. President:
The 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 226. Do pass by substitute.
Respectfully submitted,
Senator Wessels of the 2nd District, Chairman

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

SB 471. By Senators Thompson of the 32nd and Barnes of the 33rd:
A bill to amend Code Section 5A-507, prohibiting sales of alcoholic beverages on Sundays and elections days, as amended, so as to change certain population brackets; to amend the Official Code of Georgia An notated accordingly.

116

JOURNAL OF THE SENATE

SB 491. By Senators Holloway of the 12th, Allgood of the 22nd and Eldridge of the 7th:
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 allowances for members of the General Assembly; to amend the Of ficial Code of Georgia Annotated accordingly; to provide for effective dates.

SR 225. By Senator Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to modify the provisions governing the Powder Springs Downtown Development Authority; to provide for the submission of this amendment for ratification or rejection.

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.

HR 27. By Representative Felton of the 22nd: A resolution to compensate Mr. William Dickey in the amount of $192.67.
HR 57. By Representative Clark of the 13th: A resolution compensating Mr. K. E. Gordon in the amount of $908.50.

HR 106. By Representatives Veazey and Perry of the 146th: A resolution compensating Mr. Robert Tucker in the amount of $286.00.

HR 253. By Representative Long of the 142nd:
A resolution to compensate Mrs. Sue H. Collins on behalf of Michael H. Collins in the amount of $280.00.

The following local, uncontested bills of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:
SB 469. By Senator Timmons of the 11th: A bill to amend an Act reincorporating the City of Donalsonville so as to change the fine which can be imposed in the recorder's court.

THURSDAY, JANUARY 21, 1982

117

The report 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 1168. By Representatives Martin of the 60th, Wall of the 61st and Phillips of the 59th.
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia An notated, relating to ad valorem taxation of property, so as to provide for the filling of vacancies in the office of tax commissioner in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States 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 1169. By Representatives Martin of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the filling of vacancies in the of fices of judge of the probate court and sheriff in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States 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.

118

JOURNAL OF THE SENATE

HB 1170. By Representatives Martin of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to provide for the filling of vacancies in the offices of judge of the probate court, tax commissioner, and sheriff in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States 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 1171. By Representatives Wall of the 61st, Phillips of the 59th and Martin of the 60th:
A bill to amend an Act providing for a board of elections in certain coun ties, so as to change the population data.

The report 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 Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell Deal Dean English

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

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

THURSDAY, JANUARY 21, 1982

119

Those not answering were Senators:

Ballard

Greene

Brown of 47th (excused) Hill

Eldridge

Robinson

Summers Timmons

Senator Sutton of the 9th introduced the chaplain of the day, Reverend Garnie Brand, chaplain at Crawford Memorial Hospital, Moultrie, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 248. By Senators Tysinger of the 41st, Bell of the 5th, Hill of the 29th and others:
A resolution commending the hotels and motels of downtown Atlanta.

Lieutenant Governor Miller introduced the doctor of the day, Dr. Jay Giesler, of LaGrange, Georgia.

Senator Dean of the 31st moved that the following bill of the House be withdrawn from the Committee on Governmental Operations and committed to the Committee on County and Urban Affairs--GEN.

HB 1161. By Representatives Isakson of the 20th, Adams of the 36th, Johnson of the 66th and others:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia An notated, relating to the Department of Community Affairs, so as to change the purposes, powers and duties of said department; to change the membership and duties of a certain advisory committee; to provide for boundary changes of area planning and development commissions.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1161 was withdrawn from the Committee on Governmental Operation and committed to the Committee on County and Urban Affairs--GEN.

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:

120

JOURNAL OF THE SENATE

HB 943. By Representative Phillips of the 125th:
A bill to amend an Act creating a new charter for the Town of Thunder bolt, so as to change the corporate limits of the town; to provide for a referendum.

HB 1280. By Representatives Rainey of the 135th, Mullinax of the 69th, Moody of the 138th and others:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general offenses against the public health and morals, so as to make certain activities relating to dogfighting unlawful.

SENATE CALENDAR
Thursday, January 21, 1982
ELEVENTH LEGISLATIVE DAY
SB 470. Life Sentence--no parole certain conditions (Judy--32nd)
SB 474. Code of Georgia Annotated--correct typographical errors and omissions (AMENDMENT) (Judy-33rd)
SB 479. Possession of Cocaine, Heroin, Marijuana--change provisions (Pub Saf-28th)
SB 480. Financial Institutions--reporting certain currency transactions more than $10,000.00 (Pub Saf--28th)
SB 481. Bonds and Recognizances--change provisions on bailable offenses (Pub Saf--28th)
SB 482. Criminal Bonds--change provisions on fees of sureties (Pub Saf--28th)
SB 513. Revise Provisions for Trimming of Trees on Highways (SUBSTITUTE) (Trns-48th)
SR 222. Life Sentence without Parole--board not consider for parole (Judy--32nd)
HB 1145. Motor Vehicle Certificate of Title Act--change definition of a term (Pub Saf-28th)
HB 1156. Motor Vehicle Inspection--repeal provisions (Pub Saf--49th)

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

THURSDAY, JANUARY 21, 1982

121

SB 470. By Senators Thompson of the 32nd, Barnes of the 33rd and Stumbaugh of the 55th:
A bill to amend Code Section 26-3102, relating to capital offenses, jury verdicts and sentences, as amended, so as to provide that a person may be sentenced to life imprisonment without parole under certain condi tions; to provide that life imprisonment without parole shall not be im posed unless at least one statutory aggravating circumstance is found by the jury; to amend the Official Code of Georgia Annotated accordingly; to provide 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, 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 Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Fincher of 52nd Foster Garner Gillis Greene Holloway Horton Howard Kennedy Kidd Land Lester Littlefield McGill McKenzie

Those voting in the negative were Senators:

Bond Evans

Hudgins Hudson

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

Those not voting were Senators:

Ballard

Fincher of 54th

Hill

Brown of 47th (excused)

On the passage of the bill, the yeas were 47, nays 5.

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

122

JOURNAL OF THE SENATE

SB 474. By Senator Barnes of the 33rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated; to codify laws of the State of Georgia, or por tions thereof, omitted from the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated.

The Senate Committee on Judiciary offered the following amend ment:
Amend SB 474 by adding at the end of Section 2 the following:
"(16) Said title is further amended by striking from paragraph (3) of subsection (b) of Code Section 2-8-13, relating to the issuance of marketing orders, the following:
'Administrative Procedure Act of Georgia,' and inserting in lieu thereof the following:
'Georgia Administrative Procedure Act' ".
By adding at the end of Section 7 the following:
"(12) Said title is further amended by striking from division (21) (H) (xv) of Code Section 7-1-4, relating to definitions relative to finan cial institutions, the following:
'71-1-37',
and inserting in lieu thereof the following: '7-1-37' ".
By adding at the end of Section 7 the following:
"(13) Said title is further amended by striking from paragraph (40) of Code Section 7-1-4, relating to definitions relative to financial in stitutions, the following:
'subsection (b) of Code Section 7-1-242',
and inserting in lieu thereof the following:
'paragraph (5) of subsection (a) of Code Section 7-1-242' ".
By adding to paragraph (8) of Section 7 following the word "twice" on line 9 of page 8 the following:
"and by striking 'nonmenber' and inserting in lieu thereof 'nonmember' ".
By adding at the end of Section 7 the following:

THURSDAY, JANUARY 21, 1982

123

"(14) Said title is further amended by striking from subsection (c) of Code Section 7-1-770, relating to definitions relative to building and loan associations and savings and loan associations, the following:
'As association',
and inserting in lieu thereof the following:
'An association' ".
By adding at the end of Section 15 the following:
"(33) Said title is further amended by repealing Code Section 15-6-11, relating to authority of certain courts to sit in sections, in its entirety."

On the adoption of the amendment, the yeas 32, nays 0, and the amendment was adopted.

Senator Barnes of the 33rd offered the following amendment:

Amend SB 474 by adding at the end of Section 43 the following:
"(53) Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 43-38-14, relating to exceptions to operation of Chapter 38 of Title 43, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
'(2) A person engaged in the business of furnishing information in connection with credit, employment, insurance, marketing, or other business decisions or transactions, including but not limited to a per son or firm engaged as a consumer reporting agency, as defined by the Federal Fair Credit Reporting Act;' ".

On the adoption of the amendment, the yeas were 32, nays 0, and the amend ment was adopted.

Senator Barnes of the 33rd offered the following amendment:

Amend SB 474 by adding following the word "services" on line 16 of Page 29 the following:
"and by striking from paragraph (5) of subsection (c) of said Code section '4.50' and inserting in lieu thereof '15.00' and by adding at the end of subsection (c) of said Code section the following:
'(10) Service in every criminal case before a judge or a judge and jury. ................................. 10.00' ".

124

JOURNAL OF THE SENATE

By striking from line 19 of Page 54 the following: "paragraph (2)",
and inserting in lieu thereof the following: "paragraph (1)".
By striking from line 27 of Page 65 the following: "subparagraph |a)(9)(B|",
and inserting in lieu thereof the following: "subparagraph (a)(10)(B)".
By striking from line 5 of Page 76 the following: "period",
and inserting in lieu thereof the following: "comma".
By striking from lines 29 and 31 of Page 76 the following: "(3)",

and inserting in lieu thereof the following: "(2)".

By adding in line 1 of Page 84 between the words "by" and "adding" the following:
"deleting the period and by". By striking from line 3 of Page 86 the following:
"33-62-4",
and inserting in lieu thereof the following: "36-62-4".
By striking from line 7 of Page 96 the following: "paragraph (1)",
and inserting in lieu thereof the following: "paragraph (2)".
By striking from lines 15 and 16 of Page 96 the following: "and inserting in lieu thereof 'negotiable revenue bond' ".

THURSDAY, JANUARY 21, 1982

125

By striking from line 17 of Page 99 the following: "Code Section 43-9-13",
and inserting in lieu thereof the following: "Code Section 43-9-12".
By inserting in line 24 of Page 107 preceding the word "comma" the following:
"semicolon and inserting in lieu thereof a". By striking from line 13 of Page 112 the following:
"semicolon", and inserting in lieu thereof the following:
"comma". By striking from line 26 of Page 122 the following:
" 'order' and 'was' ",
and inserting in lieu thereof the following: " 'order' and 'shall' ".
By inserting in lieu 33 of Page 127 following the word "colon" the following:
"and inserting in lieu thereof a semicolon". By striking from line 9 of Page 134 the following:
"permanently", and inserting in lieu thereof the following:
"permanent". By striking from line 8 of Page 148 the following:
"comma", and inserting in lieu thereof the following:
"semicolon". By striking from line 7 of Page 150 the following:
"paragraph (1)",

126

JOURNAL OF THE SENATE

and inserting in lieu thereof the following:
"paragraph (10)".
By inserting in line 25 of Page 159 preceding the word "between" the following:
"and inserting in lieu thereof 'a' ".
By striking from line 25 of Page 162 the following: " 'provided' ",
and inserting in lieu thereof the following: " 'provide' ".
By adding at the end of Section 40 the following:
"(12) Said title is further amended by deleting the word "mobiles" and inserting in lieu thereof "mobile" in the first sentence of the sec ond unnumbered paragraph of Code Section 40-2-36, relating to registration and licensing of dealers, manufacturers, and persons transporting motor vehicles, mobile homes, etc.
(13) Said title is further amended by deleting '49-9-33' and insert ing in lieu thereof '40-9-33' in subsection (b) of Code Section 40-9-5, relating to application of Chapter 9 of Title 40 to nonresidents, unlicensed drivers, and unregistered vehicles.
(14) Said title is further amended by adding to Code Section 40-6-5, relating to persons working on highways, following the word and figure 'Article 15' the following:
'of this chapter'.
(15) Said title is further amended by striking from subsection (d) of Code Section 40-8-74, relating to tires, the following:
Transportation Board',
and inserting in lieu thereof the following:
'State Transportation Board' ".
By adding at the end of Section 15 the following:
"(34) Said title is further amended by striking from paragraph (1) of subsection (d) of Code Section 15-16-1, relating to qualifications of sheriffs, the following:
'police officer',
and inserting in lieu thereof the following:
'peace officer' ".

THURSDAY, JANUARY 21, 1982

127

By adding at the end of Section 16 the following:
"(20) Said title is further amended by striking from paragraph (10) of subsection (c) of Code Section 16-13-71, relating to defining 'dangerous drug,' the following:
'precent',
and inserting in lieu thereof the following:
'percent' ".
By adding at the end of Section 26 the following:
"(10) Said title is further amended by striking from subparagraph (16)(B) of Code Section 26-4-2, relating to definitions relative to phar macists, the following:
'this article',
and inserting in lieu thereof the following:
'Article 2 of this chapter' ".
By adding at the end of Section 36 the following:
"(35) Said title is further amended by striking from subsection (d) of Code Section 36-61-16, relating to assistance by public bodies, the following:
'36-6-12',
and inserting in lieu thereof the following: '36-61-12' ".
By adding at the end of Section 36 the following:
"(36) Said title is further amended by striking from Code Section 36-3-25, relating to recordation of survey and plat, the following:
'36-3-25',
and inserting in lieu thereof the following: '36-3-24' ".

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

128

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Brannon

Fincher of 54th

Hill

Brown of 47th (excused)

On the passage of the bill, the yeas were 51, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 474.

SB 479. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th, Brannon of the 51st, Thompson of the 32nd and Dean of the 31st:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia An notated; relating to trafficking in cocaine, illegal drugs, or marijuana, so as to change the provisions relating to possession of cocaine, heroin, and marijuana; to change the type of possession necessary to constitute an offense under this Code section; to create certain additional crimes relating to the drug methaqualone; to provide an effective date.

THURSDAY, JANUARY 21, 1982

129

Senators Barnes of the 33rd and Deal of the 49th offered the following amend ment:

Amend SB 479 by striking on Page 1, beginning on line 4, the follow ing language:
"to change the type of possession necessary to constitute an offense under this Code section;";
and
By adding on Page 1, line 18, and on Page 3, line 24, after the word "in" the following:
"actual";
and
By adding on Page 2, line 12, and on Page 3, line 2, after the word "has" the following:
"actual".

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 Barker Barnes Bell Bond 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 Holloway 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

130

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard

Hill

Brown of 47th (excused)

Timmons

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 479.
The following resolution of the Senate was read and adopted:
SR 251. By Senator Hudson of the 35th: A resolution commending the North and South Fulton County PTA Councils.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 480. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th, Brannon of the 51st, Thompson of the 32nd and Dean of the 31st: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia An notated, relating to financial institutions, so as to require the reporting of certain currency transactions in excess of $10,000.00 made with finan cial institutions; to provide for purposes; to define certain terms; to pro vide for records and reports; to provide an effective date.
Senator Cobb of the 28th moved that SB 480 be committed to the Committee on Banking, Finance and Insurance.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 480 was committed to the Committee on Banking, Finance and Insurance.
Senator Starr of the 44th assumed the Chair at the direction of the President.

THURSDAY, JANUARY 21, 1982

131

SB 481. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia An notated, relating to bonds and recognizances, so as to change the provi sions relating to offenses which are bailable; to provide that certain offenses are bailable only before a judge of the superior court; to provide an effective date.

Senators Deal of the 49th and Cobb of the 28th offered the following amend ment:

Amend SB 481 by striking from Page 3, Section 1, lines 1 and 2, the following:
"(14) Trafficking in marijuana, as defined in subsection (c) of Code Section 16-13-31.",
and inserting in lieu thereof the following:
"(14) Trafficking in cocaine, illegal drugs, or marijuana, as defin ed in Code Section 16-13-31."
and
By adding a comma on Page 3, at the end of line 16.

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Bowen Brannon Broun of 46th Bryant Cobb Coleman

Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner

Gillis Greene Hollo way Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

132
Littlefield McGill McKenzie Reynolds Robinson Scott

JOURNAL OF THE SENATE

Stephens Stumbaugh Summers Sutton Tate Thompson

Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative were Senators Barnes and Brantley.

Those not voting were Senators: Brown of 47th (excused) Hill

Starr (presiding)

On the passage of the bill, the yeas were 51, nays 2.

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

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 481.
SB 482. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others: A bill to amend Code Section 17-6-30 of the Official Code of Georgia An notated, relating to fees of sureties on criminal bonds, so as to change the provisions relative to such fees; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bell Bowen Brannon Broun of 46th Bryant Cobb Coleman Deal

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

Holloway Horton Hudgins Hudson Kennedy Kidd Land Littlefield McGill McKenzie

THURSDAY, JANUARY 21, 1982

133

Reynolds Robinson Stephens Summers

Sutton Thompson Timmons Trulock

Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard
Barnes
Bond Brantley

Coverdell Howard Lester

Scott Stumbaugh Tate

Those not voting were Senators:
Brown of 47th (excused) Hill Dean

Starr (presiding)

On the passage of the bill, the yeas were 42, nays 10.
The bill, having received the requisite constitutional majority, was passed.
The President resumed the Chair.
SB 513. By Senators Reynolds of the 48th, Turner of the 8th, Lester of the 23rd and others: A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia, relating to erection of outdoor advertising and the con trol thereof in areas adjacent to highway rights of way, so as to repeal the provision relating to the Outdoor Advertising Citizens Advisory Council; to revise the provisions relating to the trimming of trees and vegetation; to provide for other matters relative thereto.
The Senate Committee on Transportation offered the following substitute to SB 513:
A BILL
To be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to erection of out door advertising and the control thereof in areas adjacent to highway rights of way, so as to repeal the provision relating to the Outdoor Adver tising Citizens Advisory Council; to revise the provisions relating to the trimming of trees and vegetation; to provide for other matters relative thereto; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.

134

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to erection of outdoor advertising and the control thereof in areas adjacent to highway rights of way, is amended by repealing Code Section 32-6-75.1, which reads as follows:
"32-6-75.1. (a) The commissioner shall appoint an Outdoor Adver tising Citizens Advisory Council composed of seven members. The advisory council shall include the chairman of the Senate Transporta tion Committee; the chairman of the House Highway Committee; a member from the Georgia Conservancy; a member from the Garden Clubs of Georgia, Inc.; two members with business interests in the outdoor advertising industry; and the director of the Operations Divi sion of the Georgia Department of Transportation.
(b) The advisory council shall aid the commissioner in formulating policies and discussing problems related to the administration of this article. In addition, the advisory council shall advise the commis sioner on the standards and policies to be used by the department in the following specific areas:
(1) The study of whether the trimming of trees and vegetation on state rights of way should be permitted in front of legal and nonconforming outdoor advertising signs; and
(2) If the commissioner, after consultation with the advisory coun cil, determines that such trimming should be permitted, the advisory council shall advise the department on the manner and standards under which such permits should be granted by the department, as well as the standards for the maintenance of such trimmed areas.
(c) The advisory council shall meet to elect a chairman and vicechairman and to establish the rules governing its operation. The ad visory council shall meet at the call of the chairman and shall meet not less than semiannually nor more than 12 times per year.
(d) 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 advisory council shall draw no compensation but shall receive necessary expenses. The commis sioner is authorized to pay such compensation and expenses from department funds.",
in its entirety.
Section 2. Said Part 2 is further amended by striking Code Sec tions 32-6-75.2 and 32-6-75.3 in their entirety and substituting in lieu thereof new Code Sections 32-6-75.2 and 32-6-75.3 to read as follows:
"32-6-75.2. (a) The department shall issue a trimming permit to any person, firm, or corporation maintaining a sign for which a permit has been issued by the department pursuant to this part in conformity with the requirements of this Code section and Code Section 32-6-75.3.

THURSDAY, JANUARY 21, 1982

135

(b) Such trimming permits shall be issued only for individual signs and shall authorize the holder thereof or the department to trim vegetation as may be reasonably necessary to maintain the visibility of the sign for its intended purpose.
(c) Each trimming permit issued by the department shall clearly state the conditions of its issuance and its expiration date, which shall not exceed one year from the date of its issuance, but such permit shall be renewed by the department as provided in Code Section 32-6-75.3 upon application therefor to the department. The conditions for the issuance of a trimming permit shall include the method or methods by which the trimming shall be accomplished and the types of vegetation which shall be maintained in the area trimmed.
(d) A trimming permit shall be issued only for legally erected con forming or nonconforming signs at locations where the advertising sign installation preceded the obscuring growth. No trimming permit shall be issued to provide visibility where none existed or exists at a proposed sign location. No trimming permit shall be issued to any ap plicant who owns or controls any sign which is erected or maintained without a permit in violation of this part.
(e) The vegetation control area for a trimming permit shall not ex ceed the greater of 500 feet or five seconds travel time at the speed limit along the highway from the viewable face or faces of the adver tising sign.
(f) When making application for a trimming permit under Code Section 32-6-75.3, the applicant shall file with the department a cer tificate of insurance indicating liability coverage in the amounts of a minimum of $100,000.00 because of bodily injury or death of one per son in any one accident, a minimum of $300,000.00 because of bodily injury or death of two or more persons in any one accident, and a minimum of $50,000.00 because of injury to or destruction of proper ty of others in any one accident and containing a provision that it shall not be cancelable without ten days' notice having been first given to the department. The provisions of this subsection shall not apply to a trimming permit when the department develops the landscaping plan and accomplishes the trimming pursuant to paragraph (1) of subsec tion (b) of Code Section 32-6-75.3.
(g) (1) This subsection shall be applicable only to those persons, firms, or corporations owning or controlling five or more noncon forming signs for which permits have been issued pursuant to Code Section 36-2-79 of this part.
(2) The department shall issue trimming permits for nonconform ing signs to applicants subject to this subsection only if the applicant enters into a contract with the department agreeing that:
(A) The applicant shall remove annually the number of nonconforming signs which the applicant owns or controls which is equivalent to 25 percent of the number of trimming permits for nonconforming signs issued to the applicant during the immediately preceding calendar year, within 90 days after the close of such calen dar year; or

136

JOURNAL OF THE SENATE

(B) The applicant shall remove each nonconforming sign, for which a trimming permit is issued, within 12V4 years after the date of the issuance of the first trimming permit for such nonconforming sign.
(3) The department shall keep a record of all trimming permits for nonconforming signs issued to applicants subject to this subsection in order to enforce the requirements of contracts entered into pursuant to paragraph (2) of this subsection. The annual renewal of a trimming permit for a nonconforming sign shall not constitute the issuance of a trimming permit for the purposes of this subsection.
(4) Any contract executed under paragraph (2) of this subsection shall be binding upon any person, firm, or corporation subsequently gaining ownership or control of nonconforming signs subject to the re quirements of any such contract. The issuance of trimming permits for nonconforming signs under this subsection shall constitute ade quate compensation for nonconforming signs removed pursuant to a contract executed pursuant to this subsection, and each such contract shall require an acknowledgement and agreement from the applicant to that effect.
32-6-75.3. (a) Application for a trimming permit and the annual renewal thereof shall be made upon forms prescribed and provided by the department and shall contain the signature of the applicant and such other information as may be required by the department1 s rules and regulations.
(b) At the option of the department, the trimming permit shall:
(1) Require the department to develop a landscape plan and trim the area and require the applicant to reimburse the department for the plan and the trimming; or
(2) Require the applicant to trim the area at the applicant's own expense in conformity with a landscape and trimming plan approved by the department and issued to the applicant at the time the trim ming permit is issued.
(c) 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 department. There shall be a fee of $5.00 for the annual renewal of the permit.
(d) It shall be a misdemeanor for any person, firm, or corporation to violate the provisions of a landscape and trimming plan approved by the department and issued with a trimming permit as provided in paragraph (2) of subsection (b) of this Code section."
Section 3. Said Part 2 is further amended by striking Code Section 32-6-90 in its entirety and substituting in lieu thereof a new Code Section 32-6-90 to read as follows:
"32-6-90. The department shall promulgate rules and regulations governing the issuance and revocation of permits for the erection and maintenance of outdoor advertising which is authorized by Code Sec-

THURSDAY, JANUARY 21, 1982

137

tions 32-6-72 and 32-6-73 and which is not prohibited by this part. The department shall also promulgate rules and regulations governing the issuance, revocation, and renewal of permits for the trimming of trees and vegetation on the state's rights of way as provided by Code Sec tions 32-6-75.2 and 32-6-75.3. Such rules and regulations shall be con sistent 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 part, 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. The department is further authorized to prom ulgate such rules and regulations as are necessary to carry out this part."
Section 4. This Act shall become effective on November 1, 1982.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Broun of the 46th offered the following amendment:

Amend the substitute to SB 513 offered by the Senate Committee on Transportation by striking on Page 5, line 4, the figure "25" and inserting in lieu thereof the following:

and
By striking on Page 5, line 11, the figure "12Yz" and inserting in lieu thereof the following:

Senator Reynolds of the 48th offered the following amendment:
Amend the amendment offered by Senator Broun of the 46th to the substitute to SB 513 offered by the Senate Committee on Transportation by striking the figure "5" and inserting in lieu thereof the figure "8";
and
By striking the following language:
"by striking on Page 5, line 4, the figure '25' and inserting in lieu thereof the following: '50';".
On the adoption of the amendment offered by Senator Reynolds of the 48th to the amendment offered by Senator Broun of the 46th, Senator Ballard of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows:

138

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brannon Brantley Bryant Cobb Coleman Deal Dean Eldridge

English Fincher of 52nd Fincher of 54th Foster Garner Gillis Holloway Horton Hudson Kennedy Kidd Land

Those voting in the negative were Senators:

Ballard Barnes Bell Broun of 46th Coverdell Engram

Evans Greene Howard Hudgins McKenzie Scott

Those not voting were Senators: Brown of 47th (excused) Hill

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

On the adoption of the amendment offered by Senator Reynolds of the 48th to the amendment offered by Senator Broun of the 46th to the committee substitute, the yeas were 36, nays 17, and the amendment was adopted.
On the adoption of the amendment offered by Senator Broun of the 46th to the substitute to SB 513 offered by the Senate Committee on Transportation, the yeas were 48, nays 1, and the amendment was adopted as amended.
Senators Evans of the 37th, Barnes of the 33rd and Coverdell of the 40th offered the following amendment:
Amend the substitute to SB 513 offered by the Senate Committee on Transportation by adding on Page 3, line 3, after the word "shall" and before the word "issue" the following:
' 'have the authority to'';
and

THURSDAY, JANUARY 21, 1982

139

By striking on Page 3, line 29, the following:
"or nonconforming'';
and
By striking in their entirety on Page 4, lines 24-33 and by striking on Page 5, lines 1-34.

On the adoption of the amendment offered by Senators Evans of the 37th, Barnes of the 33rd and Coverdell of the 40th to the substitute to SB 513 offered by the Senate Committee on Transportation, Senator Evans of the 37th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes
Bell Coverdell Dean Engram

Evans Greene Horton
Howard Hudgins McKenzie Robinson

Scott Stumbaugh Sutton
Thompson Trulock Tysinger

Those voting in the negative were Senators:

Allgood Bond Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Deal Eldridge English

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

Littlefield McGill Reynolds Starr Stephens Summers Tate Timmons Turner Walker Wessels

Not voting were Senators Brown of 47th (excused) and Hill.

On the adoption of the amendment offered by Senators Evans of the 37th, Barnes of the 33rd and Coverdell of the 40th to the substitute to SB 513 offered by the Senate Committee on Transportation, the yeas were 20, nays 34, and the amendment was lost.
On the adoption of the substitute, the yeas were 46, nays 3, and the substitute was adopted as amended.

140

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bell Bond Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell

Eldridge English Fincher of 52nd Fincher of 54th Garner Gillis Holloway Horton Howard Kennedy Kidd Land

Lester Littlefield McGill Reynolds Robinson Stephens Tate Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Ballard Barnes Deal Dean Engram Evans Foster

Greene Hudgins Hudson McKenzie Scott Starr

Stumbaugh Summers Sutton Thompson Trulock Tysinger

Not voting were Senators Brown of 47th (excused) and Hill.

On the passage of the bill, the yeas were 35, nays 19.
The bill, having received the requisite constitutional majority, was passed by substitute.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 513.

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

HB 943. By Representative Phillips of the 125th:
A bill to amend an Act creating a new charter for the Town of Thunder bolt, so as to change the corporate limits of the town; to provide for a referendum. Referred to Committee on County and Urban Affairs.

THURSDAY, JANUARY 21, 1982

141

HB 1280. By Representatives Rainey of the 135th, Mullinax of the 69th, Moody of the 138th and others:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general offenses against the public health and morals, so as to make certain activities relating to dogfighting unlawful.
Referred to Committee on Natural Resources ad Environmental Quality.

The following resolution of the House was read and adopted:

HR 559. By Representatives Lambert of the 112th, Argo of the 63rd, Bray of the 70th and others:
A resolution relative to the one hundredth anniversary of the birth of President Franklin Delano Roosevelt.

The following local, uncontested resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 227. By Senator Foster of the 50th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that unless the joint county and municipal sales and use tax is approved for imposition within Towns County prior to November 1, 1982, then on and after January 1, 1983, said sales and use tax shall be imposed within Towns County, and the proceeds of said tax shall be allocated to the Towns County School District for educational purposes of the Towns County School System and the ad valorem tax millage rate limitation ap plicable to said school system shall thereafter be reduced by an amount equivalent to the proceeds derived from said sales and use tax; 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 II of the Constitution is amended by adding at the end thereof a new paragraph to read as follows:
"Unless the joint county and municipal sales and use tax provided for by Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated is approved for imposition within the special district con stituting Towns County prior to November 1, 1982, then said sales and use tax is hereby imposed within the special district constituting Towns County effective on and after January 1, 1983. Effective on and after January 1, 1983, said sales and use tax shall be imposed and col lected within the special district constituting Towns County in the

142

JOURNAL OF THE SENATE

same manner as provided by said Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated. However, the total proceeds of such sales and use tax, except for the percentage allowance provid ed for in paragraph (1) of subsection (a) of Code Section 48-8-89 of the Official Code of Georgia Annotated, are hereby allocated to the Towns County School District for educational purposes of the Towns County School System. The allocation of the proceeds of such sales and use tax to the Towns County School District shall apply not withstanding the provisions of Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated relating to the distribution of the proceeds of such sales and use tax, and the State Revenue Commis sioner shall disburse the proceeds of such sales and use tax to the Towns County Board of Education rather than to the governing authority of Towns County and the governing authorities of municipalities within Towns County. If such sales and use tax is im posed on behalf of the Towns County School System as provided herein, then the ad valorem tax millage rate limitation applicable to the Towns County School District shall be reduced for the taxable year beginning on January 1, 1983, by a mill rate which, if levied against property taxable for educational purposes within the Towns County School District, would produce an amount of revenue equal to the proceeds of the sales and use tax expected to be received by the school system during the same taxable year. Thereafter, the ad valorem tax millage rate limitation applicable to the Towns County School District shall be reduced for each taxable year beginning on and after January 1, 1984, by a mill rate which, if levied against prop erty taxable for educational purposes within the Towns County School District, would produce an amount of revenue equal to the proceeds of the sales and use tax received by the school system during the immediately preceding taxable year. In the event the joint county and municipal sales and use tax provided for by Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated is approved for imposition within the special district constituting Towns County prior to November 1, 1982, then this paragraph shall be null, void, and of no force and effect. For the purposes of this paragraph, Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated shall be construed to mean Georgia Code Chapter 91A-46 and paragraph (1) of subsection (a) of Code Section 48-8-89 of the Official Code of Georgia Annotated shall be construed to mean paragraph (1) of Code Section 91A-4608 until November 1, 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 submitted the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that unless the joint county and municipal sales and use tax is
[ ] NO approved for imposition within Towns County prior to November 1, 1982, then on and after January 1, 1983, said sales and use tax shall be imposed within Towns County, and the proceeds of said tax shall be allocated to the

THURSDAY, JANUARY 21, 1982

143

Towns County School District for educational purposes of the Towns County School System and the ad valorem tax millage rate limitation applicable to said school system shall thereafter be reduced by an amount equivalent to the proceeds derived from said sales and use tax?"
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 Bowen Brannon Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engrain

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

Those not voting were Senators:

Bond Brantley Broun of 46th Brown of 47th (excused)

Hill Land McKenzie

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

On the adoption of the resolution, the yeas were 46, nays 0.

144

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. tomorrow, and the motion prevailed.

At 1:46 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

FRIDAY, JANUARY 22, 1982

145

Senate Chamber, Atlanta, Georgia Friday, January 22, 1982 Twelfth Legislative Day

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 540. By Representatives Veazey and Perry of the 146th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolidation of the government of the City of Tifton and Tift County.
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1147. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to incorporate the Town of Register in the County of Bulloch and provide a charter therefor.

HB 1250. By Representatives Richardson of the 52nd, Vandiford of the 53rd, Childs of the 51st and others:
A bill to amend an Act revising, superseding, and consolidating the laws pertaining to the governing authority of DeKalb County, and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, so as to redefine and describe correctly Commissioners Districts 1, 2, 3, and 4 established therein.

146

JOURNAL OF THE SENATE

HB 1262. By Representative Jackson of the 77th:
A bill to amend an Act providing for a Board of Elections in each county of this state having a population of not less than 22,312 nor more than 22,825, according to the United States decennial census of 1970 or any future such census, so as to change the population brackets as a result of the 1980 census.

HB 1271. By Representative Cox of the 141st:
A bill to amend an Act creating a small claims court in Decatur County, so as to change the amounts of certain fees charged by the court.

HB 1272. By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the Town of Iron City in the County of Seminole, so as to change the provisions relating to the election of councilmen.

HB 1273. By Representatives Shepard of the 67th, Mostiler and Fortune of the 71st and Ware of the 68th:
A bill to amend an Act establishing the State Court of Coweta County, so as to change the salary of the judge of the state court; to change the salary of the solicitor of the state court.

HB 1319. By Representatives Scott of the 123rd, Hill of the 127th, Phillips of the 125th and others:
A bill to amend an Act relating to the school system of the City of Savan nah and Chatham County, so as to provide new and different districts for the election of members of the board of education.

HB 1320. By Representatives Scott of the 123rd, Hill of the 127th, Phillips of the 125th and others:
A bill to amend an Act relating to the Chatham County governing authority, so as to provide new and different districts for the election of county commissioners.
HB 1172. By Representatives Wall of the 61st, Phillips of the 59th and Martin of the 60th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia An notated, relating to superior courts, so as to increase to four the number of judges of the superior courts of the Gwinnett Judicial Circuit.

HB 1191. By Representative Phillips of the 125th:
A bill to amend Code Chapter 3-10, relating to limitations of actions for torts, so as to change the fire departments to which Code Section 3-1004.1 is applicable; to renumber Code Section 3-1004.1; to amend the Official Code of Georgia Annotated accordingly.

FRIDAY, JANUARY 22, 1982

147

HB 1192. By Representative Phillips of the 125th:
A bill to amend Code Section 59-704.1, relating to oath of juries on voir dire, so as to provide that the oath may be administered by the judge or the clerk; to amend the Official Code of Georgia Annotated accordingly.
HB 1292. By Representatives Snow of the 1st and Tuten of the 153rd:
A bill to amend an Act relating to mutual aid resource pacts for fire pro tection, so as to change the definition of political subdivisions which are eligible to participate in such pacts; to change the number of political subdivisions which may create such pacts; to amend the Official Code of Georgia Annotated accordingly.

HB 460. By Representative Beck of the 148th:
A bill to amend an Act providing for the transfer of functions, personnel, and equipment from the State Building Administrative Board to the Department of Community Affairs, so as to add a municipal or county code enforcement official to the advisory board to the commissioner of the Department of Community Affairs.

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

SB 576. By Senators Coleman of the 1st, Wessels of the 2nd and Bryant of the 3rd:
A bill to consolidate the governmental and corporate functions of the Mayor and aldermen of the City of Savannah with the governmental and corporate functions of the Commissioners of Chatham County and ex officio judges; to create a new county-wide government to supersede and replace the governments of the City of Savannah and Chatham County; to provide for a referendum; to provide effective dates; to provide for severability.
Referred to Committee on County and Urban Affairs.

SB 577. By Senators Bond of the 39th and McGill of the 24th:
A bill to amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, as amended, so as to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Consumer Affairs.

148

JOURNAL OF THE SENATE

SB 578. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to writs of habeas corpus for persons under sentence by a state court of record, so as to provide that certain petitions for writs of habeas corpus may be transferred to the superior court of the county in which the original conviction was obtained; to provide for ser vice in transferred petitions; to provide an effective date.
Referred to Committee on Judiciary.

SB 579. By Senator Deal of the 49th:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offenders, so as to authorize the judge to place a defendant in confinement as a condition to being afforded first offender benefits; to provide for pardons, paroles, and earned-time allowances for those so confined; to provide for discharge and exonera tion to those so confined; to provide an effective date.
Referred to Committee on Judiciary.

SB 580. By Senator Deal of the 49th:
A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in pretrial proceedings, so as to exclude and suppress oral testimony derived from a written scientific report under certain circumstances; to provide an effective date.
Referred to Committee on Judiciary.

SB 581. By Senators Howard of the 42nd, Starr of the 44th, Lester of the 23rd and others:
A bill to amend Code Title 88, relating to public health, as amended, so as to provide a new Code chapter establishing a system of community care and services for the elderly; to amend the "Georgia Medical Assistance Act of 1977", as amended, so as to provide for certain actions necessary to obtain reimbursement for community care and services for the elder ly; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Human Resources.

SB 582. By Senator Howard of the 42nd:
A bill to amend Code Section 24-1804, relating to duties of the clerk or judge of the probate court acting as such, as amended, so as to provide for the combining of certain records of the probate court; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Governmental Operations.

FRIDAY, JANUARY 22, 1982

149

SB 583. By Senators Howard of the 42nd and Holloway of the 12th:
A bill to amend Code Section 84-1102, relating to appointment of a Board of Examiners in Optometry, as amended, so as to continue the Board of Examiners in Optometry and the laws relating thereto but to provide for the later termination of that Board and those laws; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Human Resources.

SB 584. By Senators Kennedy of the 4th, Gillis of the 20th, English of the 21 st and others:
A bill to amend an Act known as the "Georgia Correctional Industries Act", as amended, so as to prohibit the administration from compen sating inmates employed in correctional industries; to change the provi sions relating to the use of funds and earnings derived from correctional industries; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Offender Rehabilitation.

SB 585. By Senators Kennedy of the 4th, Walker of the 19th, Gillis of the 20th and others:
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, county correctional institutions and prisoners, as amended, so as to provide that earned-time allowances shall not begin to accrue prior to the sentence becoming final; to amend the Official Code of Georgia Annotated accordingly; to provide for effec tive dates.
Referred to Committee on Offender Rehabilitation.

SB 586. By Senators McGill of the 24th, Gillis of the 20th, English of the 21st and others:
A bill to amend Code Chapter 59-8, relating to impaneling juries in felony cases, so as to change the number of peremptory challenges allowed to the defendant and the state; to change the grounds for challenges for cause; to provide for related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Special Judiciary.

SB 587. By Senators English of the 21st, Gillis of the 20th, Walker of the 19th and others:
A bill to amend Code Chapter 26-31, relating to reducible felonies and capital offenses, so as to provide for mistrials in the sentencing phase of death penalty cases; to provide for all related matters; to amend the Of ficial Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Special Judiciary.

150

JOURNAL OF THE SENATE

SB 588. By Senators Walker of the 19th, McGill of the 24th, Gillis of the 20th and others:
A bill to amend Code Chapter 27-9, relating to bail in criminal cases, to as to change the conditions under which appeal bonds may be granted to persons convicted of crimes; to amend the Official Code of Georgia An notated accordingly; to provide effective dates.
Referred to Committee on Special Judiciary.

SB 589. By Senators Gillis of the 20th, English of the 21st, McGill of the 24th and others:
A bill to amend the "Appellate Procedure Act of 1965", as amended, so as to provide that the giving of or failure to give a jury instruction may not be complained of in criminal appeals unless a timely objection was made at trial; to amend the Official Code of Georgia Annotated ac cordingly; to provide effective dates.
Referred to Committee on Special Judiciary.

SB 590. By Senators Cobb of the 28th, Walker of the 19th, English of the 21st and others:
A bill to amend Code Section 45-527, relating to alligator hides, skins, and products, so as to authorize the transportation, possession, and sale of alligator hides, skins, or products from alligators lawfully possessed, taken, or acquired and to require retention of documentation proving the place of origin of any such hides, skins, or meat; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Natural Resources and Environmental Quality.

SB 591. By Senators Lester of the 23rd, Turner of the 8th and Holloway of the 12th:
A bill to amend Code Section 22-608, relating to voting of shares, as amended, so as to provide for the voting of shares of a corporation held by a subsidiary of such corporation in a fiduciary capacity; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Special Judiciary.

SB 592. By Senators Fincher of the 52nd and Greene of the 26th:
A bill to amend Code Section 84-602, re-creating the State Board of Podiatry Examiners, as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated ac cordingly.
Referred to Committee on Human Resources.

FRIDAY, JANUARY 22, 1982

151

SB 593. By Senator Scott of the 43rd:
A bill to amend Code Section 56-2419, relating to construction of in surance policies, so as to provide that no other laws shall be construed to abrogate any insurer's rights or duties under policies of insurance or pro visions of policies of insurance which have been approved by the In surance Commissioner of the State of Georgia; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates.
Referred to Committee on Banking, Finance and Insurance.

SB 594. By Senator Greene of the 26th:
A bill to amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to attachment, garnishment, and levy for unpaid taxes, so as to require notifications of certain tax sales to certain lienholders and security interest holders; to provide an effective date.
Referred to Committee on Judiciary.

SB 595. By Senator Greene of the 26th:
A bill to amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles, as amended, so as to require that information be requested concerning all interest holders in certain vehicles and to re quire that all such interest holders receive notification regarding aban donment of such vehicles; to amend the Official Code of Georgia An notated accordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Judiciary.

SB 596. By Senator Greene of the 26th:
A bill to amend Code Section 45-502, relating to night hunting, as amend ed, so as to require that certain security interest holders be notified of and be permitted to defend certain actions relating to confiscation and seizure of property used in night hunting; to protect such security in terests; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Natural Resources and Environmental Quality.

SB 597. By Senator Greene of the 26th:
A bill to amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to provide notice of condemnation proceedings to certain security interest holders and lienholders under certain condi tions; to provide when certain persons shall not have claims upon seized vehicles, conveyances, or proceeds from the sale thereof; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Judiciary.

152

JOURNAL OF THE SENATE

SB 598. By Senator Greene of the 26th:
A bill to amend Code Section 79A-828, relating to forfeitures of certain items used with regard to controlled substances and marijuana, as amended, so as to provide for notice of certain forfeiture proceedings to lienholders and security interest holders; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Judiciary.

The following bills and resolution of the House were read the first time and referred to committees:
HB 460. By Representative Beck of the 148th: A bill to amend an Act providing for the transfer of functions, personnel and equipment from the State Building Administrative Board to the Department of Community Affairs, so as to add a municipal or county code enforcement official to the advisory board to the commissioner of the Department of Community Affairs.
Referred to Committee on County and Urban Affairs--GEN.
HB 1172. By Representatives Wall of the 61st, Phillips of the 59th and Martin of the 60th: A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia An notated, relating to superior courts, so as to increase to four the number of judges of the superior courts of the Gwinnett Judicial Circuit.
Referred to Committee on Judiciary.
HB 1191. By Representative Phillips of the 125th: A bill to amend Code Chapter 3-10, relating to limitations of actions for torts, so as to change the fire departments to which Code Section 3-1004.1 is applicable; to renumber Code Section 3-1004.1; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.
HB 1192. By Representative Phillips of the 125th: A bill to amend Code Section 59-704.1, relating to oath of juries on voir dire, so as to provide that the oath may be administered by the judge or the clerk; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

FRIDAY, JANUARY 22, 1982

153

HB 1292. By Representatives Snow of the 1st and Tuten of the 153rd:
A bill to amend an Act relating to mutual aid resource pacts for fire pro tection, so as to change the definition of political subdivisions which are eligible to participate in such pacts; to change the number of political subdivisions which may create such pacts; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1147. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to incorporate the Town of Register in the County of Bulloch and provide a charter therefor. Referred to Committee on County and Urban Affairs.

HB 1250. By Representatives Richardson of the 52nd, Vandiford of the 53rd, Childs of the 51st and others:
A bill to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, so as to redefine and describe correctly Commissioners Districts 1, 2, 3, and 4 established therein.
Referred to Committee on County and Urban Affairs.

HB 1262. By Representative Jackson of the 77th:
A bill to amend an Act providing for a Board of Elections in each county of this state having a population of not less than 22,312 nor more than 22,825, according to the United States decennial census of 1970 or any future such census, so as to change the population brackets as a result of the 1980 census.
Referred to Committee on County and Urban Affairs.

HB 1271. By Representative Cox of the 141st:
A bill to amend an Act creating a small claims court in Decatur County, so as to change the amounts of certain fees charged by the court. Referred to Committee on County and Urban Affairs.

HB 1272. By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the Town of Iron City in the County of Seminole, so as to change the provisions relating to the election of councilmen.
Referred to Committee on County and Urban Affairs.

154

JOURNAL OF THE SENATE

HB 1273. By Representatives Shepard of the 67th, Mostiler and Fortune of the 71st and Ware of the 68th:
A bill to amend an Act establishing the State Court of Coweta County, so as to change the salary of the judge of the state court; to change the salary of the solicitor of the state court.
Referred to Committee on County and Urban Affairs.

HB 1319. By Representatives Scott of the 123rd, Hill of the 127th, Phillips of the 125th and others:
A bill to amend an Act relating to the school system of the City of Savan nah and Chatham County, so as to provide new and different districts for the election of members of the board of education.
Referred to Committee on County and Urban Affairs.

HB 1320. By Representatives Scott of the 123rd, Hill of the 127th, Phillips of the 125th and others:
A bill to amend an Act relating to the Chatham County governing authority, so as to provide new and different districts for the election of county commissioners.
Referred to Committee on County and Urban Affairs.

HR 540. By Representatives Veazey and Perry of the 146th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolidation of the government of the City of Tifton and Tift County.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:
Mr. President:
The 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 546. Do pass. SB 547. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman

FRIDAY, JANUARY 22, 1982

155

Mr. President:

The 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 477. SB 493. SB 495. SB 510. SB 564. SR 241. SR 243.

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:

The 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 463. Do pass by substitute. SB 522. Do pass by substitute.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman

Mr. President:

The 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 459. Do pass by substitute.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

156 Mr. President:

JOURNAL OF THE SENATE

The Committee on Natural Resources and Environmental Quality has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 466. SB 494. SB 509.

Do pass by substitute. Do not pass. Do pass.

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

Mr. President:

The Committee on Offender Rehabilitation has had under consideration the following bill and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 478. SR 52. SR 233. SR 240. SR 242.

Do pass. Do pass by substitute. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Kennedy of the 4th District, Chairman

Mr. President:

The Committee on Public Safety 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 476. Do pass.
Respectfully submitted, Senator Timmons of the 11th District, Chairman

FRIDAY, JANUARY 22, 1982

157

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 219. Do pass. SR 234. Do pass as amended.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

The following bills of the Senate and House were read the second time:
SB 468. By Senators Gillis of the 20th, McGill of the 24th, English of the 21 st and others:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving tractors and farm equipment; to provide a policy statement; to provide definitions; to provide for applica bility; to provide that certain conduct is unlawful; to prohibit certain con duct and transactions.
SB 483. By Senator Barnes of the 33rd:
A bill to amend the "Uniform Reciprocal Support Act" so as to provide for reciprocal enforcement of support with foreign governments; to amend the Official Code of Georgia Annotated accordingly; to provide for all related matters; to provide effective dates.
SB 485. By Senator Barnes of the 33rd:
A bill to amend an Act creating the Board of Polygraph Examiners so as to continue the board and the laws relating to the board until certain dates; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
SB 521. By Senator Barnes of the 33rd:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia An notated, relating to sentencing of convicted criminal defendents, so as to provide that the sentencing judge may direct that certain felony senten ces be served in a county correctional institution; to provide an effective date.

158

JOURNAL OF THE SENATE

SB 524. By Senator Barnes of the 33rd:
A bll to amend Code Title 38, relating to evidence, so as to provide that the physical custody and control of evidence shall be in the clerk of court; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 525. By Senator Barnes of the 33rd:
A bill to amend Code Section 24-1716, relating to probate court costs, as amended, so as to change the costs relating to the application for and is suance of marriage licenses and provide for a portion of such costs to be state funds; to amend the Official Code of Georgia Annotated so as to provide therein for all of the above matters; to provide effective dates.

SB 529. By Senators McGill of the 24th, Kennedy of the 4th, Walker of the 19th and others:
A bill to amend Code Section 2-8-6 of the Official Code of Georgia An notated, relating to the composition of agricultural commodity commis sions, so as to fix the compensation of certain members of the commis sions; to provide for expense reimbursement to employees of the com mission; to provide an effective date.

HB 1162. By Representatives Snow of the 1st, Murphy of the 18th, Karrh of the 106th and Walker of the 115th:
A bill to provide for the distribution of state copies of the official Code of Georgia Annotated; to provide responsibility for upkeep and supplemen tation; to designate the copies as property of the state.

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

SB 471. By Senators Thompson of the 32nd and Barnes of the 33rd:
A bill to amend Code Section 5A-507, prohibiting sales of alcoholic beverages on Sundays and elections days, as amended, so as to change certain population brackets; to amend the Official Code of Georgia An notated accordingly.

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

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

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

FRIDAY, JANUARY 22, 1982

159

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

Allgood Barker Barnes Bell Bowen Brannon Brantley Broun of 46th Bryant Cobb Cole man Coverdell Deal Dean Eldridge English Engram

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

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

Those not answering were Senators:

Ballard Bond

Brown of 47th (excused) Littlefield

Walker

Senator Tysinger of the 41st introduced the chaplain of the day, Dr. Robert Marshburn, pastor of the Doraville Presbyterian Church, Doraville, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 252. By Senators Kennedy of the 4th, Wessels of the 2nd, Gillis of the 20th and others: A resolution congratulating the Guide Evangelistic Association, Inc., of Metter, Georgia.
SR 253. By Senators Fincher of the 52nd and Broun of the 46th: A resolution congratulating Miss Alice Mae (Allie) Lang.

160

JOURNAL OF THE SENATE

SENATE CALENDAR
Friday, January 22, 1982
TWELFTH LEGISLATIVE DAY
SR 222. Person Serving Life Sentence--board not consider for parole (Judy-32nd)
HB 1145. Motor Vehicle Certificate of Title Act--change definition of a term (Pub Saf-28th)
HB 1156. Motor Vehicle Inspection--repeal provisions (AMENDMENTS) (Pub Saf-49th)
SB 226. Board of Pilotage Commissioners for Port of Savannah--number of pilots (SUBSTITUTE) (S Judy-2nd)
SB 491. General Assembly Members--compensation and allowances (App-12th)
HB 55. MARTA--acquisition or disposal of property (AMENDMENT) (C&UA-G-5th)

The following general resolution of the Senate, favorably reported by the com mittee, was read the third time and put upon its adoption:
SR 222. By Senators Thompson of the 32nd, Barnes of the 33rd and Stumbaugh of the 55th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that when a person is convicted of an offense punishable by death and the jury finds at least one aggravating circumstance and recommends that such person be sentenced to life imprisonment without parole, the court shall sentence such person to life imprisonment without parole and the board shall not have the authority to consider such person for parole under any conditions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IV, Section II, Paragraph I of the Constitution is amended by striking said Paragraph I in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. State Board of Pardons and Paroles. There shall be a State Board of Pardons and Paroles to be composed of not less than five or more than seven members, the number to be determined by the General Assembly. The successors to the present members and all members of the Board who are subsequently appointed to fill vacan cies shall be appointed for terms of seven years unless removed from

FRIDAY, JANUARY 22, 1982

161

office for cause, as hereinafter provided. In the event of a vacancy for any reason other than the expiration of term, such vacancy shall be filled in the manner hereinafter provided for the unexpired term. All appointments to the Board shall be made by the Governor and shall be subject to the confirmation of the Senate. Any member of the
Board may be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor and Attorney General or by judgment of the Senate in a trial of impeachment. The members in of fice on the effective date of this Constitution shall serve out the re mainder of their respective terms. The Governor shall not be a mem ber of the State Board of Pardons and Paroles. The General Assembly shall fix the compensation of the members of the Board, but until changed by the General Assembly, the members shall continue to receive that compensation which the present members are receiving. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. When a person is convicted of an offense punishable by death and the jury finds at least one aggra vating circumstance and recommends that such person be sentenced to life imprisonment without parole, the court shall sentence such per son to life imprisonment without parole and the board shall not have the authority to consider such person for parole under any conditions. When a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person until such person has served at least twenty-five years in the penitentiary, and such person shall not become eligible for parole at any time prior to serving at least twenty-five years in the penitentiary. When a person is convicted of armed robbery, the Board shall not have the authority to consider such person for pardon or parole until such person has served at least five years in the penitentiary. The Board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of disabilities or remission of sentence granted, stating the name of the convicted, the offense for which he was convicted, the sentence and its date, the date of the par don, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law. Each year the Board shall elect one of its members to serve as Chairman of the Board for the ensuing year. The General Assembly may enact laws in aid of, but not inconsistent with, this Paragraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

162

JOURNAL OF THE SENATE

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that when a person is convicted of an offense punishable by
[ ] NO death and the jury finds at least one aggravating circumstance and recommends that such person be sentenced to life imprisonment without parole, the court shall sentence such person to life imprisonment without parole and the board shall not have the authority to con sider such person for parole under any conditions?"
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.

Senators Thompson of the 32nd and Starr of the 44th offered the following substitute to SR 222:
A RESOLUTION
To amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly (Ga. L. 1981, Ex. Sess., p. 143), which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982, so as to make a technical change regard ing the pardon or parole of persons convicted of armed robbery and delete certain references to earned time served for such offense; to authorize the General Assembly by law to prohibit the granting and to prescribe the terms and conditions for the granting of pardon or parole to persons incarcerated a second or subsequent time for an offense punishable by life imprisonment and to persons who have received con secutive life sentences for certain acts; and for other persons.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly (Ga. L. 1981, Ex. Sess., p. 143), which resolution proposes a new Constitution for the state of Georgia to be presented to the people for ratification or rejection at the general election in 1982, is amended by striking from Section 1 thereof Paragraph II of Section II of Article IV and inserting in its place a new Paragraph II to read as follows:
"Paragraph II. Powers and authority, (a) Except as otherwise pro vided in this Paragraph, the State Board of Pardons and Paroles shall be vested with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penal ties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction.

FRIDAY, JANUARY 22, 1982

163

(b) When a sentence of death is commuted to life imprisonment, the board shall not have the authority to grant a pardon to the con victed person until such person has served at least 25 years in the penitentiary; and such person shall not become eligible for parole at any time prior to serving at least 25 years in the penitentiary. When a person is convicted of armed robbery, the board shall not have the authority to consider such person for pardon or parole until such per son has served at least five years in the penitentiary.
(c) Notwithstanding the provisions of subparagrph (b) of this Para graph, the General Assembly, by law, may prohibit the board from granting and may prescribe the terms and conditions for the board's granting a pardon or parole to:
(1) Any person incarcerated for a second or subsequent time for any offense for which such person could have been sentenced to life imprisonment; and
(2) Any person who has received consecutive life sentences as the result of offenses occurring during the same series of acts.
(d) The chairman of the board, or any other member designated by the board, may suspend the execution of a sentence of death until the full board shall have an opportunity to hear the application of the convicted person for any relief within the power of the board.
(e) Notwithstanding any other provisions of this Paragraph, the State Board of Pardons and Paroles shall have the authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime.''
On the adoption of the substitute, the yeas were 30, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to by substitute.

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 Bryant Cobb

Coleman Coverdell Deal Dean Eldridge Engram Fincher of 52nd Fincher of 54th Foster Garner

Gillis Greene Hill Holloway Howard Hudgins Kennedy Kidd Land Lester

164

JOURNAL OF THE SENATE

McGill McKenzie Reynolds Scott Starr

Stumbaugh Summers Sutton Thompson Timmons

Those voting in the negative were Senators:

Bond Hudson

Stephens

Trulock Turner Tysinger Walker Wessels
Tate

Those not voting were Senators:

Ballard

Evans

Brown of 47th (excused) Horton

English

Littlefield Robinson

On the adoption of the resolution, the yeas were 45, nays 4.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted by substitute.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1145. By Representative Jackson of the 9th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to change the definition of a term; to amend the Official Code of Georgia Annotated accordingly.
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 Bond Bowen Brannon Brantley

Broun of 46th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

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

FRIDAY, JANUARY 22, 1982

165

Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land

Lester McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers

Those not voting were Senators:

Ballard

English

Brown of 47th (excused) Littlefield

Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Robinson

On the passage of the bill, the yeas were 51, naysO.
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 1153. By Representatives Hanner of the 130th, Coleman of the 118th and Ramsey of the 3rd: A bill to amend Code Section 26-2907, relating to exemptions from the provisions of Code Section 26-2901, relating to carrying a concealed weapon, Code Section 26-2902, relating to the carrying of deadly weapons at public gatherings; to amend the Official Code of Georgia An notated accordingly.
Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

166

JOURNAL OF THE SENATE

HB 1156. By Representatives McDonald of the 12th, Jackson of the 9th, Logan of the 62nd and others:
A bill to am^nd Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment and inspection of motor vehicles, so as to repeal certain provisions relative to the annual motor vehicle safety in spections; to provide for annual safety inspections for school buses; to provide for a penalty for the failure to comply with certain requirements relative to safety equipment.
Senate Sponsor: Senator Deal of the 49th.

Senator Kidd of the 25th offered the following amendment:

Amend HB 1156 by adding in Section 4A on Page 4, line 12, between the word "shall" and the word "promulgate", the following:
"make recommendations to the Board of Public Safety; and the board shall."
By adding in Section 6A on Page 5, line 26, immediately following the word "shall", the following:
"make recommendations to the Board of Public Safety; and the board shall".

Senator Kidd of the 25th asked unanimous consent to withdraw his amend ment, and the consent was granted.

Senators Deal of the 49th and Cobb of the 28th offered the following amend ment:

Amend HB 1156 by adding in the title on line 7 of Page 1, immediate ly preceding the words "to amend", the following:
"to change the provisions relating to inspections by officers of the Department of Public Safety; to change the provisions relating to the owners and drivers complying with the inspection laws;".
By adding between lines 13 and 14 on Page 2 two new sections, to be designated Sections 1A and IB, to read as follows:
"Section 1A. Said Act is further amended by striking Section 124 in its entirety and inserting in lieu thereof a new Section 124 to read as follows:
'Section 124.--Inspection by officers of the Department of Public Safety, (a) The commissioner and members of the Department of Public Safety, and such other officers and employees of the depart ment as the commissioner may designate, may at any time upon reasonable cause to believe that a vehicle is unsafe or not equipped as

FRIDAY, JANUARY 22, 1982

167

required by law, or that its equipment is not in proper adjustment or repair, require the driver of such vehicle to stop and submit such vehi cle to an inspection and such test with reference thereto as may be ap propriate.
(b) In the event such vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment the officer shall give a written notice to the driver and shall send a copy to the department. Said notice shall re quire that such vehicle be placed in safe condition and its equipment in proper repair and adjustment specifying the particulars with refer ence thereto and that approval of such repairs or equipment be ob tained within 30 days from the department pursuant to procedures outlined in rules and regulations promulgated by the commissioner of public safety.'
Section IB. Said Act is further amended by striking Section 125 in its entirety and inserting in lieu thereof a new Section 125 to read as follows:
'Section 125.--Owners and drivers to comply with inspection laws, (a) No person driving a vehicle shall refuse to submit such vehi cle to an inspection and test when required to do so by the commis sioner or an authorized officer of the department.
(b) No person shall operate any vehicle after receiving a notice as provided in Section 124 except as may be necessary to return such vehicle to the residence or place of business of the owner or driver, or to a garage, until said vehicle and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this Act and approval as provided in Section 124 shall be obtained as promptly as possible thereafter.
(c) In the event repair or adjustment of any vehicle or its equip ment is found necessary upon inspection, the owner of said vehicle may obtain such repair or adjustment at any place he may choose, but in every event approval as provided in Section 124 must be obtained, otherwise such vehicle shall not be operated upon the highways of this State.' "
By striking in its entirety Section 4A on lines 8 through 20 on Page 4.
By striking in its entirety Section 6A, beginning on line 23 of Page 5 and continuing through line 3 of Page 5.
By adding immediately to Section 7 on Page 6 two new sections, to be designated Sections 6A and 6B, to read as follows:
"Section 6A. Said chapter is further amended by striking Code Section 40-8-200 in its entirety and inserting in lieu thereof a new Code Section 40-8-200 to read as follows:
'40-8-200. (a) The commissioner of public safety and members of the Department of Public Safety, and such other officers and employees of the department as the commissioner may designate,

168

JOURNAL OF THE SENATE

may at any time, upon reasonable cause to believe that a vehicle is un safe or not equipped as required by law or that its equipment is not in proper adjustment or repair, require the driver of such vehicle to stop and submit such vehicle to an inspection and such tests with reference thereto as may be appropriate.
(b) In the event such vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy to the department. Such notice shall re quire that such vehicle be placed in safe condition and its equipment in proper repair and adjustment specifying the particulars with refer ence thereto and shall require that approval of such repairs or equip ment be obtained within 30 days from the department pursuant to procedures outlined in rules and regulations promulgated by the com missioner of public safety.'
Section 6B. Said chapter is further amended by striking Code Sec tion 40-8-201 in its entirety and inserting in lieu thereof a new Code Section 40-8-201 to read as follows:
'40-8-201. (a) No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by the commissioner of public safety or an authorized officer of the Depart ment of Public Safety.
(b) No person shall operate any vehicle after receiving a notice as provided in Code Section 40-8-200 except as may be necessary to return such vehicle to the residence or place of business of the owner or driver, or to a garage, until such vehicle and its equipment have been placed in proper repair and adjustment and otherwise made to conform to the requirements of this article. Approval as provided in Code Section 40-8-200 shall be obtained as promptly as possible thereafter.
(c) In the event repair or adjustment of any vehicle or its equip ment is found necessary upon inspection, the owner of such vehicle may obtain such repair or adjustment at any place he may choose, but in every event approval as provided in Code Section 40-8-200 must be obtained; otherwise, such vehicle shall not be operated upon the highways of this state.' "

Senator Kidd of the 25th offered the following amendment:

Amend the amendment offered by Senators Deal of the 49th and Cobbof the 28th to HB 1156 by deleting on Page 2, line 14,
"the Commissioner of Public Safety"
and adding the words
"the Board of Public Safety'',

FRIDAY, JANUARY 22, 1982

169

and by deleting on Page 4, line 32, the word ' 'Commissioner"
and adding "Board"

so the sentence would read "Board of Public Safety".

On the adoption of the amendment offered by Senator Kidd of the 25th to the amendment offered by Senators Deal of the 49th and Cobb of the 28th, Senator Holloway of the 12th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bond Coleman Fincher of 54th Howard

Hudson Kennedy Kidd McGill

Those voting in the negative were Senators:

Allgood Ballard Barnes Bell Bowen Brannon Brantley Broun of 46th Cobb Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Foster Garner Gillis Greene Hill Horton Land Lester McKenzie

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

Those not voting were Senators:

Barker

Bryant

Brown of 47th (excused) Holloway (presiding)

Hudgins Littlefield

On the adoption of the amendment offered by Senator Kidd of the 25th to the amendment offered by Senators Deal of the 49th and Cobb of the 28th, the yeas were 11, nays 39, and the amendment was lost.
On the adoption of the amendment offered by Senators Deal of the 49th and Cobb of the 28th, the yeas were 43, nays 1, and the amendment was adopted.

170

JOURNAL OF THE SENATE

Senator Starr of the 44th offered the following amendment:

Amend HB 1156 by adding in the title on Page 1, line 19, after the language "therein;" the following:
"to provide for reimbursement for certain stickers;";
and
By inserting on Page 6, after line 3, a new Section 6B to read as follows:
"Section 6B. All stickers which have been purchased for inspec tion stations shall be turned in to the Department of Public Safety and the purchase price shall be refunded."

On the adoption of the amendment offered by Senator Starr of the 44th, the yeas were 44, nays 0, and the amendment was adopted.

Senators Thompson of the 32nd, Barnes of the 33rd and Cobb of the 28th of fered the following amendment:
Amend HB 1156 by inserting on line 21 of Page 1 before the word "to" the following:
"to specify the conditions under which the 'Georgia Motor Vehi cle Emission Inspection and Maintenance Act' (Code Sections 40-8-150 through 40-8-162 of the Official Code of Georgia Annotated) shall be repealed;''.
By inserting between lines 3 and 4 of Page 6 the following:
"Section 6A. Said Chapter 8 is further amended by adding at the end thereof a new Code Section 40-8-163 to read as follows:
'40-8-163. This Part 2 (the "Georgia Motor Vehicle Emission In spection and Maintenance Act") shall remain of force and effect only so long as the Federal Clean Air Act (42 U.S.C. 1857, et seq., as amended) shall require that the State of Georgia maintain and enforce the inspection plan and program provided for in this part in order to reduce the ambient air levels of photochemical oxidents or carbon monoxide which exceed the levels specified by the National Ambient Air Quality Standards for such pollutants specified by the United States Environmental Protection Agency pursuant to said Act. Upon the effective date of an amendment to the Federal Clean Air Act which shall allow the State of Georgia to discontinue the maintenance and enforcement of the inspection plan and program provided for in this part without the imposition of sanctions against the State of Georgia such as the loss of federal funds for sewage treatment plants, transportation projects, and air quality improvement projects, this Part 2 shall be repealed.' "

FRIDAY, JANUARY 22, 1982

171

On the adoption of the amendment offered by Senators Thompson of the 32nd and Barnes of the 33rd, the yeas were 42, nays 0, and the amendment was adopted.

Senators Garner of the 30th, Dean of the 31st, Deal of the 49th and Allgood of the 22nd offered the following amendment:
Amend HB 1156 by striking on Page 3, line 9, the following:
"Public School Bus",
and inserting in lieu thereof the following:
"School Bus and Similar Motor Vehicle".
Adding on line 13 of Page 3 after the following:
"system",
the following:
"; every school bus which is defined by Ga. Code Section 68A101(46)(a) which is owned or operated by a private school; and every bus, van, or similar vehicle which is owned or operated by a public or private nursery, day care center, kindergarten, or similar institution and which is used to transport persons 17 years of age or younger to or from such institution".
Striking from line 4 of Page 4 the following:
"public school buses",
and inserting in lieu thereof the following:
"vehicles".
Adding on line 12 of Page 6 after the following:
"system",
the following:
''; every school bus which is defined by paragraph 50 of Code Sec tion 40-1-1 which is owned or operated by a private school; and every bus, van, or similar such vehicle which is owned or operated by a public or private nursery, day care center, kindergarten, or similar in stitution and which is used to transport persons 17 years of age or younger to or from such institutions".
Striking on line 1 of Page 7 the following:
"public school buses",
and inserting in lieu thereof the following:
"vehicles".

172

JOURNAL OF THE SENATE

On the adoption of the amendment offered by Senators Garner of the 30th, Dean of the 31st, Deal of the 49th, and Allgood of the 22nd, the yeas were 45, nays 0, and the amendment was adopted.

Senators Greene of the 26th and Cobb of the 28th offered the following amend ment:
Amend HB 1156 by striking the italics on Page 4, line 7 and by add ing on Page 4, between lines 7 and 8 the following:
"(f) The Board of Public Safety is authorized to implement any and all provisions of this Code section by the promulgation of necessary rules and regulations. When duly promulgated and adopted, all rules and regulations issued pursuant to this article shall have the force of law.'';
and by adding on Page 7, between lines 4 and 5 the following:
"(f) The Board of Public Safety is authorized to implement any and all provisions of this Code section by the promulgation of necessary rules and regulations. When duly promulgated and adopted, all rules and regulations issued pursuant to this article shall have the force of law."

On the adoption of the amendment offered by Senators Greene of the 26th and Cobb of the 28th, the yeas were 40, nays 0, and the amendment was adopted.

Senator Bell of the 5th offered the following amendment:
Amend HB 1156 by striking on Page 7, lines 9 and 10, the following:
"June 30, 1982",
and inserting in its place the following:
"upon its approval by the Governor or upon its becoming law without his approval''.
On the adoption of the amendment offered by Senator Bell of the 5th, the yeas were 37, nays 0, and the amendment was adopted.

Senators Greene of the 26th, Deal of the 49th, Cobb of the 28th and Robinson of the 27th offered the following amendment:
Amend HB 1156 by striking on Page 1, lines 20 and 21, and inserting in lieu thereof the following:
"for other matters relative to the foregoing; to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equip ment and inspection of motor vehicles, so as to incorporate the aforementioned changes; to update and revise certain provisions relating to equipment requirements for motor vehicles; to provide",

FRIDAY, JANUARY 22, 1982

173

and by adding between lines 6 and 7 of Page 7 a new section, to be designated Section 7A, to read as follows:
"Section 7A. Said Chapter 8 is further amended by striking Parts 1 through 4 of Article 1 in their entirety and inserting in lieu thereof the following:
'Part 1
40-8-1. (a) This article shall not apply to implements of husband ry, road machinery, road rollers, or farm tractors, except when ex pressly made applicable. This article shall not apply to motorized carts.
(b) Nothing in this article shall be construed to prohibit the use of additional parts and accessories on any vehicle, which use is not in consistent with the provisions of this article.
40-8-2. In addition to the requirements of this article, the Public Service Commission, as to the motor vehicles within its jurisdiction, shall have the authority to promulgate rules designed to promote safe ty. Any such rules promulgated or deemed necessary by such com mission shall include the following: every motor unit and all parts thereof shall be maintained in a safe condition at all times. The lights, brakes, and equipment shall meet such safety requirements as the commission shall promulgate from time to time.
40-8-3. No vehicle or load any portion of which drags or slides on the surface of the roadway shall be used or transported on the highways. No vehicle shall be used or transported on the highways the wheels of which, while being used or transported, either from construction or otherwise, cause pounding on the road surface.
40-8-4. (a) It shall be unlawful for any person to operate upon the public roads of this state any slow-moving vehicle or equipment, any animal-drawn vehicle, or any machinery designed for use and generally operated at speeds less than 25 miles per hour, including all road construction or maintenance equipment and machinery except when engaged in actual construction or maintenance procedures and all other construction equipment and machinery, unless there is displayed on the rear thereof an emblem which shall comply with subsection (b) of this Code section.
(b) The emblem required by subsection (a) of this Code section shall conform with those standards and specifications adopted for slow-moving vehicles by the American Society of Agricultural Engi neers in December, 1966, and contained within such society's stan dard ASAE 5276.1, or shall be an emblem of the same shape and size painted on such vehicle in a bright and conspicuous retroreflective red orange paint. Such emblem shall be mounted on the rear of such vehicles, in the approximate horizontal geometric center of the vehi cle, at a height of three to five feet above the roadway, and shall be maintained at all times in a clean and reflective condition.

174

JOURNAL OF THE SENATE

(c) Any person violating this Code section shall be guilty of a mis demeanor.
(d) Nothing in this Code section shall apply to any self-propelled, two-wheeled vehicle.
40-8-5. (a) It shall be unlawful for any person knowingly to tamper with, adjust, alter, change, set back, disconnect, or fail to connect an odometer of a motor vehicle, or to cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the motor vehicle has actually been driven, except as provided in this Code section.
(b) It shall be unlawful for any person knowingly to bring into this state a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a) of this Code section.
(c) It shall be unlawful for any person knowingly to sell or attempt to sell a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a) of this Code section.
(d) Subsections (a), (b), and (c) of this Code section shall not apply to the disconnection of the odometer used for registering the mileage or use of new motor vehicles being tested by the manufacturer prior to delivery to a franchised dealer.
(e) It shall be unlawful for any person to advertise for sale, to sell, to use, to install, or to have installed any device which causes an odometer to register any mileage other than the actual mileage driven. For the purposes of this subsection, the actual mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance.
(f) It shall be unlawful for any person to conspire with any other person to violate this Code section.
(g) (1) In addition to any other penalty provided by law, any per son who, with intent to defraud, violates this Code section shall be liable in an amount equal to the sum of:
(A) Three times the amount of actual damages sustained or $1,500.00, whichever is greater; and
(B) In the case of any successful action to enforce the foregoing liability, the costs of the action, together with reasonable attorney's fees, as determined by the court.
(2) Any action to enforce any liability created under this subsec tion may be brought in any superior court or state court having proper jurisdiction, within two years from the date on which the liability arises.

FRIDAY, JANUARY 22, 1982

175

(h)( 1) If any person violates any provision of this Code section, the Attorney General, any district attorney in this state or any solicitor in this state may bring an action in any superior court or state court hav ing jurisdiction to restrain such violation.
(2) Any action arising under paragraph (1) of this subsection may be brought within two years from the date of the violation.
(i) Any person violating this Code section shall be guilty of a misdeameanor.
40.8-6. (a) It shall be unlawful to alter the suspension system of any private passenger motor vehicle which may be operated on any public street or highway more than two inches above or below the fac tory recommendation for any such vehicle.
(b) It shall be unlawful to operate any private passenger motor vehicle upon any highway, roadway, or street if the suspension system of such vehicle has been altered more than two inches above or below the factory recommendation for such vehicle.
(c) It shall be unlawful to operate any motor vehicle upon any highway, roadway, or street if the springs relative to the suspension system are broken.
(d) Any person violating this Code section shall be guilty of a misdemeanor.
40-8-7. (a) No person shall drive or move on any highway any motor vehicle, trailer, semitrailer, or pole trailer, or any combination thereof unless the equipment upon any and every such vehicle is in good working order and adjustment as required in this chapter and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.
(b) It is a misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved on any street or highway, any vehicle or combination of vehicles:
(1) Which is in such unsafe condition as to endanger any person:
(2) Which does not contain those parts or is not at all times equip ped with such lamps and other equipment in proper condition and ad justment as required in this chapter; or
(3) Which is equipped in any manner in violation of this chapter.
(c) It is also a misdemeanor for any person to do any act forbidden or fail to perform any act required under this chapter.
(d) Any vehicle suspected of being operated in violation of this ar ticle may be the subject of an inspection conducted by any law en forcement officer who has reason to believe such violation is occur ring, without the necessity of obtaining a warrant to permit such in spection.

176

JOURNAL OF THE SENATE

40-8-8. Every motor vehicle operated upon a public street or highway shall be equipped with a speedometer in good working order.
Part 2
40-8-20. Every vehicle upon a highway within this state at any time from a half hour after sunset to a half hour before sunrise and at any time when it is raining in the driving zone and at any other time when there is not sufficient visibility to render clearly discernible per sons and vehicles on the highway at a distance of 500 feet ahead shall display lights, including headlights, and illuminating devices as re quired in this part for different classes of vehicles, subject to excep tions with respect to parked vehicles as stated in this part.
40-8-21. (a) Whenever this article declares the required distance from which certain lights and devices shall render objects visible or within which such lights or devices shall be visible, such provisions shall apply during the times stated in Code Section 40-8-20 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated.
(b) Whenever this article declares the required mounted height of lights or devices, it shall mean the distance from the center of such light or device to the level ground upon which the vehicle stands when such vehicle is without a load.
40-8-22. (a) Every motor vehicle other than a motorcycle or motordriven cycle shall be equipped with at least two but not more than four headlights, with at least one on each side of the front of the motor vehicle, which headlights shall comply with the requirements and limitations set forth in this article.
(b) Every motorcycle and every motor-driven cycle shall be equip ped with at least one and not more than two headlights, which shall comply with the requirements and limitations of this article.
(c) Every headlight upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height mea sured from the center of the headlight of not more than 54 inches nor less than 24 inches, to be measured as set forth in subsection (b) of Code Section 40-8-21.
(d) The headlights required by this section shall be maintained in proper working condition.
(e) It shall be unlawful to operate a motor vehicle unless such motor vehicle is equipped with aiming pads on each headlight.
40-8-23. (a) Every motor vehicle, trailer, semitrailer, and pole trailer manufactured prior to January 1, 1954, shall be equipped with at least one tail light mounted on the rear, which when lighted as re quired in this article shall emit a red light plainly visible from a distance of 500 feet to the rear.

FRIDAY, JANUARY 22, 1982

177

(b) Every motor vehicle, trailer, semitrailer, and pole trailer manufactured after January 1, 1954, shall be equipped with two tail lights which meet the specifications provided in this Code section.
(c) Every tail light upon every vehicle shall be located at a height of not more than 60 inches nor less than 20 inches, to be measured as set forth in subsection (b) of Code Section 40-8-21.
(d) Either a tail light or a separate light shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail light or tail lights, together with any separate light for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lights or auxiliary driving lights are lighted.
(e) All lenses on tail lights shall be maintained in good repair and shall meet manufacturer's specifications.
40-8-24. (a) Every motor vehicle manufactured after March 12, 1954, and operated upon a highway, other than a truck tractor, motor cycle, or motor-driven cycle, shall carry on the rear, either as a part of the tail lights or separately, two red reflectors, and every motorcycle and every motor-driven cycle shall carry on the rear at least one red reflector, meeting the requirements of this Code section.
(b) Every such reflector shall be mounted on the vehicle at a height not less than 20 inches nor more than 60 inches measured as set forth in subsection (b) of Code Section 40-8-21 and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 300 feet to 50 feet from the rear of such vehicle ex cept that visibility from the greater distance is hereinafter required of reflectors on certain types of vehicles.
40-8-25. (a) It shall be unlawful for any person to sell any motor vehicle manufactured after January 1, 1954, including any motorcycle or motor-driven cycle manufactured after January 1, 1954, in this state or for any person to drive such vehicle on the highways unless it is equipped with at least one brake light meeting the requirements of Code Section 40-8-26.
(b) If a motor vehicle is manufactured with two brake lights, both must be operational.
(c) No person shall sell or offer for sale or operate on the highways any motor vehicle, trailer, or semitrailer registered in this state and manufactured or assembled after January 1, 1954, unless it is equip ped with mechanical or electrical turn signals meeting the re quirements of Code Section 40-8-26. This subsection shall not apply to any motorcycle or motor-driven cycle manufactured prior to January 1, 1972.
40-8-26. (a) Any motor vehicle may be equipped and when re quired under this article shall be equipped with the following signal lights or devices:

178

JOURNAL OF THE SENATE

(1) A brake light on the rear which shall emit a red light and which shall be actuated upon application of the service (foot) brake and which may but need not be incorporated with a tail light; and
(2) A light or lights or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible from both the front and the rear.
(b) Every brake light shall be plainly visible and understandable from a distance of 300 feet to the rear both during normal sunlight and at nighttime, and every signal light or lights indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of 300 feet from both the front and the rear. When a vehicle is equipped with a brake light or other signal lights, such light or lights shall at all times be maintained in good working condition. No brake light or signal light shall project a glaring or dazzl ing light.
(c) All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Code Section 40-8-20.
jd) All lenses on brake lights and signal devices shall be maintain ed in good repair and shall meet manufacturers' specifications.
40-8-27. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in Code Section 40-8-20, a red light plainly visible from a distance of at least 500 feet to the sides and rear. The red light required under this Code section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the ex treme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.
40-8-28. (a) When a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise, and there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway, no lights need be displayed upon such parked vehicle.
(b) When a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lights meeting the following requirements: at least one light shall display a white or amber light visible from a distance of 500 feet to the front of the vehi cle, and the same light or at least one other light shall display a red light visible from a distance of 500 feet to the rear of the vehicle; and the location of such light or lights shall always be such that at least one light or combination of lights meeting the requirements of this Code section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. This subsection shall not apply to a motor-driven cycle.

FRIDAY, JANUARY 22, 1982

179

(c) If a vehicle is manufactured with two lights meeting the re quirements of subsection (b) of this Code section, both such lights shall be maintained in good working order.
(d) Any lighted headlights upon a parked vehicle shall be depres sed or dimmed.
40-8-29. (a) Any motor vehicle may be equipped with not to ex ceed one spotlight, and every lighted spotlight shall not be aimed and used upon any approaching vehicle. It shall be unlawful for any per son except law enforcement officers and persons licensed under Chapter 43-38 to operate a spotlight, from any moving vehicle on any highway or public roadway.
(b) Any motor vehicle may be equipped with not to exceed two foglights mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of four inches below the level of the center of the light from which it comes.
(c) Any motor vehicle may be equipped with not to exceed one auxiliary passing light mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands, and every such auxiliary passing light shall meet the requirements and limitations set forth in this article.
(d) Any motor vehicle may be equipped with not to exceed one auxiliary driving light mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands, and every such auxiliary driving light shall meet the requirements and limitations set forth in this article.
40-8-30. Except as hereinafter provided in this part, the headlights or the auxiliary driving light or the auxiliary passing light or combina tion thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and such lights may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
(1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading;
(2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver;

180

JOURNAL OF THE SENATE

(3) Every new motor vehicle other than a motorcycle or a motor cycle registered in this state which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lights is in use, and shall not otherwise be lighted. Such indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
40-8-31. Whenever a motor vehicle is being operated on a road way or shoulder adjacent thereto during the times specified in Code Section 40-8-20, the driver shall use a distribution of light, or com posite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, sub ject to the following requirements and limitations:
(1) Whenever a driver of a vehicle approaches an oncoming vehi cle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam specified in paragraph (2) of Code Section 40-8-30 shall be deemed to avoid glare at all times, regardless of road contour and loading;
(2) Whenever the driver of a vehicle follows another vehicle with in 200 feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in paragraph (1) of Code Section 40-8-30.
40-8-32. Any automobile operated by a rural mail carrier for the purpose of delivering mail shall be authorized to display two ambercolored lights so as to warn approaching travelers to decrease their speed because of the danger of colliding with such mail carrier as he stops and starts along the edge of the highway. Such amber lights should be visible under normal atmospheric conditions from a dis tance of 500 feet to the front of such vehicles.
40-8-33. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Code Section 40-8-20 display a red taillight and either multiple-beam or single-beam road lighting equipment meeting the requirements of Code Sections 40-8-23 and 40-8-30, respectively.
40-8-34. The color in all lighting equipment covered in this title shall be in accordance with Society of Automotive Engineers (SAE) Standard J578, April, 1965, as thereafter revised or amended.

Part3
40-8-50. (a) Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least

FRIDAY, JANUARY 22, 1982

181

two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
(b) Every motorcycle and motor-driven cycle manufactured after January 1, 1974, when operated upon a highway, shall be equipped with at least two brakes which may be operated by hand or foot.
(c) Every trailer or semitrailer of 2,500 pounds gross weight or more shall be equipped with brakes on all wheels. Any farm trailer with two or more wheels, pulled from a tongue, used in or operated for farm purposes, including transporting fertilizer and agricultural materials to the farm, shall not be required to have an independent braking system thereon, provided such farm trailer shall not weigh over 4,000 pounds when empty.
40-8-51. (a) One of the means of brake operation shall consist of a mechanical connection from the operating lever to the brake shoes or bands, and this brake shall be capable of holding the vehicle or com bination of vehicles stationary under any condition of loading on any upgrade or downgrade upon which it is operated.
(b) The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.
40-8-52. Every 1966 model motor vehicle and all subsequent model motor vehicles shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all con ditions of loading, on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power assisting mech anism will not prevent the parking brakes from being applied in con formance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are con nected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.
40-8-53. Every motor vehicle or combination of motor-drawn vehicles shall be capable of all times and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake within the

182

JOURNAL OF THE SENATE

distances specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances.

Vehicles or combinations of vehicles having brakes on all wheels

Feet to Stop From 20 Miles Per Hour
30

Deceleration in Feet
Per Second
14

Vehicles or combinations

of vehicles not having

brakes on all wheels

40

10.7

40-8-54. All brakes shall be maintained in good working order and shall be so adjusted as to operate equally as practicable with respect to the wheels on opposite sides of the vehicle.

Part 4

40-8-70. (a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or hard sound or a whistle. The driver of a motor vehicle shall, when it is reasonably necessary to ensure safe operation, give audible warning with his horn, but shall not otherwise use such horn when upon a highway.

(b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell except as otherwise permit ted in this Code section and Code Section 40-8-94.

(c) No vehicle shall be equipped with a theft alarm signal device which is so arranged that it can be used by the driver as an ordinary warning signal.

40-8-71. (a) Every motor vehicle shall at all times be equipped with an exhaust system, in good working order and in constant opera tion, meeting the following specifications:

(1) The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler or muf flers and tail pipes;

(2) The use of flexible pipe shall be prohibited except on diesel tractors or according to manufacturers' original specifications;

(3) The exhaust emission point shall extend beyond the rear or outside of the passenger compartment. The truck shall be considered as part of the passenger compartment;

(4) The exhaust system and its elements shall be securely fasten ed, including the consideration of missing or broken hangers; and

FRIDAY, JANUARY 22, 1982

183

(5) There shall be no part of the exhaust system passing through the passenger compartment, or any exposed stack so located that any individual entering or leaving the vehicle may be burned.
(b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
(c) It shall be unlawful for any person to sell or offer for sale any muffler which causes excessive or unusual noise or annoying smoke, or any muffler cutout, bypass, or similar device for use on a motor vehicle, or for any person to use, to sell, or to offer for sale any motor vehicle equipped with any such muffler, muffler cutout, bypass, or similar device. Any person violating this subsection shall be guilty of a misdemeanor.
40-8-72. Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's posi tion shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such vehicle.
40-8-73. (a) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side windows, or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway.
(b) The windshield of every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture therefrom, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
(c) Every windshield wiper upon a motor vehicle shall be main tained in good working order.
(d) No opaque or solid material including, but not limited to, card board, plastic, and taped glass shall be employed in lieu of a glass windshield or window.
(e) No motor vehicle shall be operated with a windshield or rear window having a starburst or spider webbing effect greater than three inches by three inches.
40-8-74. (a) No vehicle equipped with solid rubber tires shall be used or transported on the highways, unless every solid rubber tire on such vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery.
(b) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway.
(c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other pro tuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be per missible to use:

184

JOURNAL OF THE SENATE

(1) Farm machinery with tires having protuberances which will not injure the highway; and
(2) Tire chains of reasonable proportions or tires equipped with safety spike-metal studs upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid.
(d) The Transportation Board and local authorities in their respec tive jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or trac tors having movable tracks with transverse corrugations upon the periphery of such movable tracks, or of farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Code section.
(e) All tires:
(1) shall have not less than 2/32 inch tread measurable in all major grooves;
(2) Shall be free from any cuts, breaks or snags on tread and sidewall deep enough to expose body cord; and
(3) shall be free from bumps, bulges, or separations.
(f) No motor vehicle shall be operated on a public street or highway with tires that have been marked "not for highway use," "for racing purposes only," or "unsafe for highway use."
(g) Retreaded tires shall not be used upon the front wheels of buses.
40-8-75. Every bus, truck, full trailer, semitrailer, and pole trailer, with the exception of local haul pulpwood trucks and local haul waste collection dumping trailers, shall be equipped with suitable metal pro tectors or substantial flexible flaps on the rearmost wheels to prevent, as far as practicable, such wheels from throwing dirt, gravel, rocks, water, or other materials on the windshields of following vehicles. Such protectors or flaps shall have a ground clearance of not more than one-half of the distance from the center of the rearmost axle to the center of the protector or flap under any conditions of loading of the vehicle and shall be at least as wide as the tires they are covering; provided, however, that if any such bus, truck, full trailer, semitrailer, or pole trailer is so designed and constructed that the foregoing requirements are accomplished by means of fenders, body construction, or other enclosures, then the protectors or flaps provid ed for in this Code section shall not be required.
40-8-76. (a) No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer.

FRIDAY, JANUARY 22, 1982

185

(b) Any person violoating this Code section shall be guilty of a misdemeanor.
40-8-77. (a) As used in this Code section, the term "private passenger automobile" shall mean a four-wheel motor vehicle design ed for carrying ten passengers or less, not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, provided that the term "private passenger automobile" shall not include a multipurpose vehicle, which is, for the purposes of this Code section, defined as a motor vehicle, except a trailer, design ed to carry ten passengers or less and constructed either on a truck chassis or with special features for occasional off-road operation.
(b) Every new private passenger automobile manufactured on and after August 1, 1973, which is sold or licensed in this state shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system comforming to all federal motor vehicle safety standards applicable to such automobile on the date of manufacturer. The warranty may be given by means of the federal safety standard certification label affixed to the automobile.
(c) The warranty provisions of this Code section shall not be ap plicable with respect to any private passenger automobile as to which the manufacturer files a written certification under oath with the Department of Public Safety, on a form to be prescribed by that department, that the particular make and model described therein complies with the applicable standards of this Code section.
40-8-78. No person shall sell any motor vehicle manufactured after January 1, 1954, nor shall any such motor vehicle be registered unless such vehicle is equipped with safety glazing material of a type approved by the commissioner of public safety wherever glazing material is used in doors, windows, and windshields. The provisions of this Code section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck-tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows, and wind shields in the drivers' compartments of such vehicles.
jb) The term "saftey glazing materials" means glazing materials so constructed, treated, or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.
(c) Any person engaged in the business of replacing windshields or any side or rear windows of motor vehicles, which are subject to the provisions of this Code section, shall not replace such windshields or side or rear windows with any glazing materials other than safety glazing material approved by the commissioner.

186

JOURNAL OF THE SENATE

(d) The commissioner of public safety shall compile and publish a list of types of glazing materials by name approved by him as meeting the requirements of this Code section and the commissioner shall not register any motor vehicle which is subject to the provisions of this Code section unless it is equipped with an approved type of safety glazing materials, and he shall thereafter suspend the registration of any motor vehicle so subject to this Code section which he finds is not so equipped until it is made to conform to the requirements of this Code section.
(e) This section shall not be construed to require that side or rear windows of motor vehicles which were replaced or installed prior to January 1, 1954, must be replaced with safety glazing materials as pro vided in this Code section.' "

On the adoption of the amendment offered by Senators Greene of the 26th, Deal of the 49th, Cobb of the 28th and Robinson of the 27th, the yeas were 45, nays 0, and the amendment was adopted.

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

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Ballard Barnes Bell Bowen Brannon Brantley Cobb Coverdell Deal Dean Eldridge English

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

Those voting in the negative were Senators:

Allgood Barker Bond Broun of 46th Coleman Hudgins

Hudson Kennedy Kidd Lester McGill McKenzie

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

FRIDAY, JANUARY 22, 1982

187

Those not voting were Senators:
Brown of 47th (excused) Holloway (presiding) Bryant

Littlefield

On the passage of the bill, the yeas were 35, nays 17.

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

Senator Bond of the 39th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1156.

The President resumed the Chair.

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

SB 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.

Senator Wessels of the 2nd moved that SB 226 be postponed until Monday, Februarys.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 226 was postponed until Monday, February 8.

The following resolution of the Senate was read and adopted:

SR 254. By Senator Garner of the 30th: A resolution commending the West Georgia College football team.

188

JOURNAL OF THE SENATE

The following bill of the House was read the first time and referred to commit tee:
HB 1153. By Representatives Hanner of the 130th, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Code Section 26-2907, relating to exemptions from the provisions of Code Section 26-2901, relating to carrying a concealed weapon, Code Section 26-2902, relating to carrying of deadly weapons at public gatherings; to amend the Official Code of Georgia Annotated ac cordingly. Referred to Committee on Judiciary.

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

HR 27. By Representative Felton of the 22nd:
A resolution to compensate Mr. William Dickey in the amount of $192.67.
Senate Sponsor: Senator Broun of the 46th.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene 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

Those not voting were Senators:

Bowen Brannon

Brown of 47th (excused) Bryant

Garner Littlefield

FRIDAY, JANUARY 22, 1982

189

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

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

HR 57. By Representative Clark of the 13th: A resolution compensating Mr. K. E. Gordon in the amount of $908.50. Senate Sponsor: Senator Broun of the 46th.

The Senate Committee on Appropriations offered the following amendment:

Amend HR 57 by striking on Page 1, line 19, the figure "$908.50" and inserting in lieu thereof the following:
"$454.25.".

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 adoption of the resolu tion as amended, was agreed to.

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene 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

190

JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Brannon

Brown of 47th (excused) Bryant

Garner Littlefield

On the adoptoin of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HR 106. By Representatives Veazey and Perry of the 146th: A resolution compensating Mr. Robert Tucker in the amount of $286.00. Senate Sponsor: Senator Broun of the 46th.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Hollo way 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:

Bowen Brannon

Brown of 47th (excused) Bryant

Garner Littlefield

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

FRIDAY, JANUARY 22, 1982

191

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

HR 253. By Representative Long of the 142nd:
A resolution to compensate Mrs. Sue H. Collins on behalf of Michael H. Collins in the amount of $280.00.
Senate Sponsor: Senator Broun of the 46th.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans

Fincherof 52nd Fincher of 54th Foster Gillis Greene Hill Hollo way Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie

Those not voting were Senators:

Bowen Brannon

Brown of 47th (excused) Bryant

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

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

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

192

JOURNAL OF THE SENATE

The following local, uncontested resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:
SR 225. By Senator Barnes of the 33rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to modify the provisions governing the Powder Springs Downtown Development Authority; to provide for the 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 IX, Section VIII, Paragraph II of the Constitution is amended by adding at the end of that paragraph added by a constitu tional amendment appearing at Ga. L. 1980, p. 2035 the following:
"(s) The General Assembly may by local law, modify, expand, or limit the powers of the authority, change the membership of the authority, and change the manner of operation of the authority. With out limiting the generality of the foregoing, the General Assembly is specifically authorized to modify, expand, or limit the power of taxa tion of the authority and may provide for exemptions from such taxa tion."
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 to modify the provisions governing the
[ ] NO Powder Springs Downtown Development Authority?''
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the 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 Brantley

FRIDAY, JANUARY 22, 1982

193

Broun of 46th Coleman Coverdell Deal Dean Eldridge English Evans Fincher of 52nd Foster Garner Gillis Greene 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

Those not voting were Senators:

Bond Bowen Brannon

Brown of 47th (excused) Bryant Cobb

Engram Fincher of 54th Littlefield

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

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

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

SB 491. By Senators Holloway of the 12th, Allgood of the 22nd and Eldridge of the 7th:
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 allowances for members of the General Assembly; to amend the Of ficial Code of Georgia Annotated accordingly; 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, 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 Cobb

194

JOURNAL OF THE SENATE

Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis

Greene Hill Holloway Horton Hudgins Hudson Kennedy Land Lester McGill McKenzie

Those voting in the negative were Senators:

Howard Starr

Stumbaugh Sutton

Those not voting were Senators:

Bond

Bryant

Brannon

Garner

Brown of 47th (excused) Kidd

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

On the passage of the bill, the yeas were 43, nays 5.

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

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

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.
Senator Eldridge of the 7th moved that HB 817 be committed to the Committee on County and Urban Affairs.
On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 817 was committed to the Committee on County and Urban Affairs.

FRIDAY, JANUARY 22, 1982

195

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 Frank Morast, Jr., Muscogee Coun ty, has been elected, pursuant to the provisions of Code Section 95A-306, relative to the State Transportation Board, as a member of the State Transportation Board from the Third Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1982, and expiring April 15, 1987.

This 19th day of January, 1982.

Isl Zell Miller President of the Senate

/s/ Thomas Murphy Speaker, House of Representatives

The General Assembly Atlanta

TO:

Honorable David B. Poythress

Secretary of State

This is to certify that Honorable William M. (Bill) Evans, DeKalb 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 Fourth Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1982, and expiring April 15, 1987.

This 19th day of January, 1982.

/s/Zell Miller President of the Senate

/s/ Thomas B. Murphy Speaker, House of Representatives

Doctors Roland Summers, of Savannah, Georgia, and Jack Menendez, of Macon, Georgia, served as doctors of the day today.

196

JOURNAL OF THE SENATE

Senator Allgood of the 22nd moved that the Senate stand in recess from 12:35 o'clock P.M. until 5:00 o'clock P.M. at which time the Senate would stand adjourn ed pursuant to HR 508, adopted previously, until 10:00 o'clock A.M. on Monday, February 8.

On the motion, the yeas were 35, nays 2; the motion prevailed, and the Senate stood in recess from 12:35 o'clock P.M. until 5:00 o'clock P.M. at which time the Senate stood adjourned pursuant to HR 508, adopted previously, until 10:00 o'clock A.M. on Monday, February 8.

MONDAY, FEBRUARY 8, 1982

197

Senate Chamber, Atlanta, Georgia Monday, Februarys, 1982 Thirteenth Legislative Day

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 Friday, January 22, had been read and found correct.

Senator Hudgins of the 15th moved that the Senate reconsider its action of January 22 in passing the following bill of the House:

HB 1156. By Representatives McDonald of the 12th, Jackson of the 9th, Logan of the 62nd and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to repeal certain provisions relative to the annual motor vehicle safety inspections; to provide for annual safety inspections for school buses; to provide for a penalty for the failure to comply with certain requirements relative to safety equipment.

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

Those voting in the affirmative were Senators:

Allgood Barker Bond Broun of 46th Brown of 47th Bryant Coleman Eldridge Fincher of 52nd

Fincherof54th Foster Greene Howard Hudgins Hudson Kennedy Kidd Lester

Those voting in the negative were Senators:

Bell Bowen Brannon Brantley Cobb Coverdell Deal Dean English

Engram Evans Garner Gillis Hill Holloway Horton Land Littlefield

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

198

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard

Barnes

Tate

On the motion, the yeas were 26, nays 27; the motion was lost, and HB 1156 was not reconsidered.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
Those serving as doctors of the day during the time the General Assembly was in recess were as follows:

Dr. C. Denton Johnson of Columbus, Georgia Dr. Don Seacrest of Tucker, Georgia Dr. Byron Harper of East Point, Georgia Dr. R. E. Dallas of Thomaston, Georgia Dr. Joe W. Daniel of Macon, Georgia Dr. J.R.B. Hutchinson of Tucker, Georgia Dr. Michael Simpson of LaGrange, Georgia Dr. John Sparti of Dallas, Georgia Dr. Mark Gould of Smyrna, Georgia

January 25 January 25 January 26 January 27 January 28 January 29 February 1 February 4 February 5

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 1181. By Representatives Hooks of the 116th, Chambless of the 131st, Castleberry of the 111th and others:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the terms of court for Sumter County in the Southwestern Judicial Circuit.

HB 1182. By Representative Wall of the 61st:
A bill to amend the new charter for the City of Lawrenceville, Georgia, so as to exclude certain described property from the corporate limits of the city of Lawrenceville, Georgia.

MONDAY, FEBRUARY 8, 1982

199

HB 1304. By Representative Balkcom of the 140th:
A bill to amend an Act creating a board of commissioners of Miller County, so as to change the provisions relating to the compensation of the members of the board other than the chairman.

HB 1200. By Representatives Richardson of the 52nd, Wood of the 9th, Hays of the 1st and others:
A bill to amend Code Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new Code Chapter 30, relating to reports on veterans exposed to Agent Orange.

HB 1301. By Representatives Colwell and Twiggs of the 4th, Dover of the llth, 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; to amend the Official Code of Georgia Annotated accordingly.

HB 1178. By Representatives Walker of the 115th, Culpepper of the 98th, Reaves of the 147th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia An notated, relating to water resources, so as to provide that holders of per mits for the withdrawal or diversion of surface water and ground water shall not have by virtue of such permits superior rights to water users who are not required to have permits.

HB 1223. By Representatives Miles of the 107th, Cheeks of the 89th, Colbert of the 23rd and Sherrod of the 143rd:
A bill to amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, so as to continue the Board of Chiropractic Examiners and the laws relating thereto but to provide for the later termination of the board and such laws; to amend the Official Code of Georgia An notated accordingly.

HB 1231. By Representatives Mullinax of the 69th, Aaron of the 56th, Oliver of the 121st and others:
A bill to amend an Act known as the Employment Security Law, so as to delete the national trigger for extended benefits as required by the Federal Unemployment Tax Act; to remove obsolete dates; to change the state trigger for extended benefits.

HB 1252. By Representative Watson of the 114th:
A bill to amend Code Chapter 5A-25, relating to state license re quirements and regulations for manufacture, distribution, and package sales business; to amend the Official Code of Georgia Annotated ac cordingly.

200

JOURNAL OF THE SENATE

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

SB 599. By Senator Broun of the 46th:
A bill to amend Code Section 68B-307, relating to the authority of the Department of Public Safety, to suspend or revoke licenses, as amended, so as to require the Department of Public Safety to deduct any points assessed against an individual under certain circumstances; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates. Referred to Committee on Public Safety.
SB 600. By Senator Kidd of the 25th:
A bill to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, as amended, so as to add one member to the board; to pro vide for qualifications and appointment of members; to provide for terms; to provide for vacancies; to change certain requirements relating to voting; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Human Resources.
SB 601. By Senators Dean of the 31st, McKenzie of the 14th and Bell of the 5th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a Georgia Commission on State Growth Policy; to provide a short title; to provide for findings and purpose; to provide for functions and duties of the commission; to provide for intergovernmental relations; to provide for meetings and hearings; to provide for an executive director and other staff. Referred to Committee on County and Urban Affairs--GEN.
SB 602. By Senators Dean of the 31st, McKenzie of the 14th and Bell of the 5th:
A bill to amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for the construction and alteration of buildings and other structures, so as to provide for the certification of industrialized buildings and for the establishment of uniform health and safety standards and inspection procedures for in dustrialized buildings; to provide an effective date. Referred to Committee on County and Urban Affairs--GEN.

SB 603. By Senators Starr of the 44th, Howard of the 42nd and Fincher of the 52nd:
A bill to amend an Act known as the "Georgia Public Assistance Act of 1965", as amended, so as to provide for the establishment of a pilot and state-wide community work experience program for certain unemployed recipients of aid to families with dependent children; to provide for legislative findings; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Human Resources.

MONDAY, FEBRUARY 8, 1982

201

SB 604. By Senators Greene of the 26th, Fincher of the 54th, Brantley of the 56th and others:
A bill to amend Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated ac cordingly.
Referred to Committee on Human Resources.

SB 605. By Senators Ballard of the 45th and Tysinger of the 41st:
A bill to amend Code Section 114-607a, relating to the termination and withdrawal of members participating in group self-insurance funds for workers' compensation purposes, so as to clarify the provisions relating to involuntary termination of a member; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Industry, Labor and Tourism.

X SB 606. By Senators Fincher of the 52nd, Lester of the 23rd, Summers of the 53rd and others:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the aid to families with dependent children, so as to require recipients and applicants of assistance to un dergo testing, take vocational training, and seek employment; to provide for all related matters; to provide an effective date.
Referred to Committee on Human Resources.

SB 607. By Senator Barnes of the 33rd:
A bill to amend an Act revising appellate and other posttrial procedures in civil and criminal cases, as amended, so as to prescribe a form for a motion for a new trial for use in criminal cases; to amend the Official Code of Georgia Annotated, so as to provide therein for all the changes described above; to provide effective dates. Referred to Committee on Judiciary.
SB 608. By Senator Barnes of the 33rd:
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 du ty of ordinary care; to amend the Official Code of Georgia Annotated ac cordingly; to provide effective dates. Referred to Committee on Judiciary.

202

JOURNAL OF THE SENATE

SB 609. By Senator Barnes of the 33rd:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to impose probation supervision fees on persons whose felony sentences are probated; to create a penal in stitutions fund and provide for its administration; to authorize certain state contracts for penal institutions to constitute security for debt of the Georgia Building Authority (Prisons); to provide for all related matters; to provide an effective date.
Referred to Committee on Judiciary.

SB 610. By Senator Reynolds of the 48th:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, so as to provide for new and different districts and the election of members therefrom; to provide for a referendum election; to provide for all related matters; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 611. By Senator Kidd of the 25th:
A bill to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, as amended, so as to change the compensation of the coroner.
Referred to Committee on County and Urban Affairs.

SB 612. By Senators Bell of the 5th and Barnes of the 33rd:
A bill to amend an Act relating to the Georgia Crime Information Center, as amended, so as to provide for the purging of certain arrest records where proceedings are terminated without a conviction; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Judiciary.

SR 255. By Senators Fincher of the 54th, McGill of the 24th, Gillis of the 20th and others:
A resolution urging Congress to pass certain legislation relative to the death penalty.
Referred to Committee on Offender Rehabilitation.

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

MONDAY, FEBRUARY 8, 1982

203

HB 1178. By Representatives Walker of the 115th, Culpepper of the 98th, Reaves of the 147th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia An notated, relating to water resources, so as to provide that holders of per mits for the withdrawal or diversion of surface water and ground water shall not have by virtue of such permits superior rights to water users who are not required to have permits.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1181. By Representatives Hooks of the 116th, Chambless of the 131st, Castleberry of the 111th and others:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia An notated, relating to the terms of superior courts, so as to change the terms of court for Sumter County in the Southwestern Judicial Circuit. Referred to Committee on County and Urban Affairs.
HB 1182. By Representative Wall of the 61st:
A bill to amend the new charter for the City of Lawrenceville, Georgia, so as to exclude certain described property from the corporate limits to the City of Lawrenceville, Georgia. Referred to Committee on County and Urban Affairs.

HB 1200. By Representatives Richardson of the 52nd, Wood of the 9th, Hays of the 1st and others:
A bill to amend Code Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new Code Chapter 30, relating to reports on veterans exposed to Agent Orange.
Referred to Committee on Defense and Veterans Affairs.

HB 1223. By Representatives Miles of the 107th, Cheeks of the 89th, Colbert of the 23rd and Sherrod of the 143rd:
A bill to amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, so as to continue the Board of Chiropractic Examiners and the laws relating thereto but to provide for the later termination of the board and such laws; to amend the Official Code of Georgia An notated accordingly.
Referred to Committee on Human Resources.

HB 1231. By Representatives Mullinax of the 69th, Aaron of the 56th, Oliver of the 121st and others:
A bill to amend an Act known as the Employment Security Law, so as to delete the national trigger for extended benefits as required by the Federal Unemployment Tax Act; to remove obsolete dates; to change the state trigger for extended benefits.
Referred to Committee on Industry, Labor and Tourism.

204

JOURNAL OF THE SENATE

HB 1252. By Representative Watson of the 114th:
A bill to amend Code Chapter 5A-25, relating to state license requirements and regulations for manufacture, distribution, and package sales business; to amend the Official Code of Georgia Annotated ac cordingly.
Referred to Committee on Consumer Affairs.

HB 1301. By Representatives Colwell and Twiggs of the 4th, Dover of the llth, 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; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Industry, Labor and Tourism.

HB 1304. By Representative Balkcom of the 140th:
A bill to amend an Act creating a board of commissioners of Miller Coun ty, so as to change the provisions relating to the compensation of the members of the board other than the chairman.
Referred to Committee on County and Urban Affairs.

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

Mr. President:

The 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 943. Do pass. HB 1184. Do pass. HB 1222. Do pass. HB 1246. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman
Mr. President:

The 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:
SB 497. Do pass.
SB 498. Do pass.

MONDAY, FEBRUARY 8, 1982

205

SB 499. SB 502. SB 517. SB 540. SB 583. SR 226. SR 228. HB 732. HB 870.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass by substitute.

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

Mr. President:

The 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 467. Do pass. SB 538. Do pass. SB 572. Do pass by substitute. SB 578. Do pass. SB 579. Do pass as amended. SB 580. Do pass as amended. SB 594. Do pass. SB 595. Do pass. SB 597. Do pass. SB 598. Do pass. HB 823. Do pass. HB 1087. Do pass by substitute. HB 1172. Do pass. HB 1179. Do pass. HB 1229. Do pass. HR 514. Do pass.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman

206 Mr. President:

JOURNAL OF THE SENATE

The 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 238. Do pass.
Respectfully submitted, Senator Timmons of the 11th District, Chairman

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

SB 459. By Senators Sutton of the 9th and Trulock of the 10th:
A bill to amend Code Section 67-2001, relating to creation of liens for work done and materials furnished, as amended, so as to make the provi sions of said Code section applicable to services furnished by profes sional foresters.
SB 463. By Senators Howard of the 42nd, Barnes of the 33rd and Trulock of the 10th:
A bill to amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to make certain activities unlawful; to provide a penalty.

SB 466. By Senator Summers of the 53rd:
A bill to amend Code Section 45-302, relating to hunting and fishing licenses, as amended, so as to provide that honorary hunting and fishing licenses may be issued without charge to residents of the State of Florida; to provide effective dates.

SB 476. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
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 exclude certain personnel from the classified service; to amend the Official Code of Georgia Annotated accordingly.

SB 477. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend the "Fair Employment Practices Act of 1978", as amend ed, so as to extend the life of the Act; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

MONDAY, FEBRUARY 8, 1982

207

SB 478. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Section 42-2-9 of the Official Code of Georgia An notated, relating to the selection of employees of the Department of Of fender Rehabilitation, so as to provide that the commissioner shall have the authority to direct that certain personnel of the department submit to polygraph examinations in connection with internal investigations being conducted by the department.

SB 493. By Senator Kidd of the 25th:
A bill to amend an Act authorizing the director of the Office of Planning and Budget to require payment for personal services within the state government to be calculated and to be made on the basis of 26 pay periods per year; to amend the Official Code of Georgia Annotated ac cordingly.

SB 495. By Senator Howard of the 42nd:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia An notated, relating to procedures for the adoption of agency rules, so as to invalidate certain rules which are changed and adopted after being transmitted for legislative review but to provide for their later validation; to provide for consultations, objections, overrides, and vetoes regarding invalidated rules; to provide an effective date.

SB 509. By Senators Engram of the 34th, Cobb of the 28th, Garner of the 30th and others:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia, relating to seasons and bag limits under the Game and Fish Code, so as to revise the season for taking certain game species by means of falconry.

SB 510. By Senator Kidd of the 25th:
A bill to amend Code Chapter 26-23, relating to abuse of governmental office, as amended so as to prohibit officers and employees of the state from threatening, disciplining, or reprimanding a subordinate officer or employee for making certain contacts or communications with any member of the General Assembly; to provide for effective dates and automatic repeal.

SB 522. By Senator Barnes of the 33rd:
A bill to amend Code Section 81-1413, relating to continuances because of absence or illness of counsel, so as to provide that a postponement shall be given as a matter of right if counsel is in another court; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

208

JOURNAL OF THE SENATE

SB 546. By Senator Kidd of the 25th:
A bill to amend an Act creating the office of tax commissioner of Han cock County, as amended, so as to change the compensation of the tax commissioner; to provide an effective date.

SB 547. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff, the judge of the Probate Court, and the clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation provisions relating to the judge of the probate court and the clerk of the superior court; to provide an effective date.

SB 564. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated, so as to require certain initial training for persons who serve as judges of the probate court; to provide for continued annual training; to exclude certain years of service from retirement eligibility; to provide for other matters relative to the foregoing; to provide an effective date.

SR 233. By Senators Stephens of the 36th, Hudson of the 35th, Kidd of the 25th and others:
A resolution relative to health care in jails and prisons.

SR 234. By Senators Stumbaugh of the 55th, Robinson of the 27th, Eldridge of the 7th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the sessions of the General Assembly, all committee meetings and all hearings shall be open to the public except as otherwise provided by law; to provide for the submission of this amendment for ratification or rejection.

SR 240. By Senators English of the 21st, Walker of the 19th, Gillis of the 20th and others:
A resolution urging Congress to pass certain legislation relative to the death penalty.

SR 241. By Senators Kidd of the 25th, Greene of the 26th, Lester of the 23rd and others:
A resolution proposing an amendment to the Constitution so as to pro vide for appropriate committees of the General Assembly to fill a vacan cy in office after the Governor has failed to fill such vacancy within 90 days after the vacancy occurs; to provide for the submission of this amendment for ratification or ratification.

MONDAY, FEBRUARY 8, 1982

209

SR 242. By Senators Garner of the 30th, Fincher of the 52nd, Barnes of the 33rd and others:
A resolution creating the Joint Correctional Institution Study Committee.

SR 243. By Senators Robinson of the 27th, Greene of the 26th, Land of the 16th 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 exceptions; to provide that the provi sions shall be self-executing.
Senator Robinson of the 27th introduced the doctor of the day, Dr. J. Ray Grant, of Forsyth, Georgia.

Senator Allgood of the 22nd asked unanimous consent to excuse the absence of Senator Brown of the 47th on the Second through the Twelfth Legislative Days due to his confinement in the hospital, and the consent was granted.

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

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 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 answering was Senator Barnes.

Senator Fincher of the 52nd introduced the chaplain of the day, Reverend Calhoun Sims, pastor of the Greater Mount Calvary Baptist Church, Rome, Georgia, who offered scripture reading and prayer.

210

JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted:

SR 258. By Senator Horton of the 17th: A resolution commending the Henry County Landmarks.

SR 256. By Senator Engram of the 34th: A resolution commending the Palmetto High School Football Team.

Senator Engram of the 34th introduced the Palmetto High School "Raiders" Football Team.

Senator Greene of the 26th moved that the following bill of the House be withdrawn from the Committee on Human Resources and committed to the Com mittee on Judiciary:

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.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 84 was withdrawn from the Committee on Human Resources and committed to the Com mittee on Judiciary.

SENATE CALENDAR Monday, Februarys, 1982 THIRTEENTH LEGISLATIVE DAY

HB 55. MARTA--acquisition or disposal of property (AMENDMENT) |C&UA-G-5th)
SB 468. Tractors, Farm Equipment--transactions, agreements (SUBSTITUTE) (Ag-20th)
SB 483. Reciprocal Enforcement of Support with Foreign Governments--provide (Judy--33rd)
SB 485. Polygraph Examiners Board--continue until certain dates (Judy-33rd)
SB 521. Certain Felony Sentences--may be served in county correctional institution (Judy--33rd)
SB 524. Physical Court Evidence--custody of clerk of court (Judy--33rd)

MONDAY, FEBRUARY 8, 1982

211

SB 525. Marriage Licenses--change application costs (Judy--33rd)
SB 529. Agricultural Commodity Commissions--compensation of certain members (Ag--24th)
SR 52. Death Penalty-relative to (SUBSTITUTE) (Off R-23rd)
HB 1162. Code of Georgia Annotated--provide for distribution (AMENDMENT) (Judy-33rd)
SB 226. Board of Pilotage Commissioners for Port of Savannah--number of pilots (SUBSTITUTE) (S Judy-2nd)

The following resolution of the Senate, favorably reported by the committee, was read and put upon its adoption:

SR 219. By Senators Allgood of the 22nd, Holloway of the 12th and Eldridge of the 7th:
A resolution to amend Senate Resolution 3 of the 1981 Session, relative to officials, employees, and committees in 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, the yeas were 34, nays 0.

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

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

Mr. President:

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

HR 536. By Representative Balkcom of the 140th:
A resolution authorizing the conveyance of an interest in certain real property located in Miller County, Georgia.

The following general bill of the House, having been read the second time on March 16, 1981, committed to the Committee on County and Urban Affairs on January 11, 1982, and favorably reported by the committee, was read the third time and put upon its passage:

212

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Bell of the 5th.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 55 by adding on line 21 of Page 1 and line 25 of page 2, after the following:
"p. 4333)",
the following:
", and an Act approved April?, 1981 (Ga. Laws 1981, p. 4289)".
By adding on Page 2, line 1, after the following:
"price;",
the following:
"to further define and specify the Authority's powers to bargain collectively with an authorized representative of its employees; to regulate any labor arbitration between the Authority and an autho rized representative of its employees; to prohibit strikes and work stoppages by employees of the Authority; to provide for jurisdiction in the Superior Court of Fulton County over the foregoing;''.
By adding on Page 3, between lines 30 and 31, the following:
"Section 2.1. Said Act is further amended by striking subsection (b) of Section 20 thereof, which reads as follows:
'(b) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for bargaining with its employees through such agents in the same manner and to the same extent as if they were the employees of any privately owned transportation system.',
and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) (1) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for bargaining with its employees through such agents in the same manner and to the same extent as if they were the employees of any privately owned transportation system.

MONDAY, FEBRUARY 8, 1982

213

(2) The Authority may, as appropriate, submit labor disputes to binding interest arbitration or binding grievance arbitration. As used in this subsection (b), "interest arbitration" shall mean arbitration which determines or formulates the terms and conditions of a labor agreement between the Authority and the authorized representative, including the formulation of contract provisions governing wages, hours, and working conditions. As used in this subsection jb), "grievance arbitration" shall mean arbitration of a dispute between the Authority and the authorized representative acting on behalf of an employee which involves the application or interpretation of the terms and conditions of an existing labor agreement. In any grievance arbitration, the arbitrators must base their decision upon the express terms and conditions of a labor agreement between the Authority and the authorized representative. No award in arbitration and no labor agreement entered into by the Authority may dilute, diminish, or im pair the inherent management rights of the Authority, which shall in clude, by way of illustration and not by way of limitation, the follow ing:
(A) the right to direct, appoint, employ, assign and promote of ficers, agents and employees and to determine the standards therefor;
(B) the right to discharge and terminate employees for violation of any statute, ordinance or regulation, or other just cause;
(C) the right to plan and determine the levels of service to be pro vided by the Authority;
(D) the right to assign work and to establish the duties and stan dards of productivity of employees;
(E) the right to determine whether goods or services should be contracted for, leased, purchased, or otherwise acquired, on either a permanent or temporary basis;
(F) the right to hire part-time employees without payment of fringe benefits afforded to full-time employees; and
(G) the right to assign overtime work to any employee.
(3) Any neutral arbitrator appointed or selected to decide or deter mine any interest arbitration between the Authority and the autho rized representative of any of its employees shall be a resident of either Fulton County or DeKalb County, and shall be experienced or knowledgeable in matters of Georgia public finance.
(4) In any interest arbitration between the Authority and an authorized representative, the arbitrators shall consider and give weight primarily to the following factors in determining their award:
(i) The financial ability of the Authority to pay wages and provide benefits, whether or not increased, while adhering to all legal re quirements governing the Authority's expenditure of public funds and revenues and maintaining levels of transit service sufficient to serve the Metropolitan Area;

214

JOURNAL OF THE SENATE

(ii) The amount, if any, of any fare increase which would be necessary to afford a wage or salary increase (or improvement in fringe benefits or extension of vacation, holiday or excused time) and the ability of the public to bear a fare increase, with consideration of the per capita income of those persons who customarily use the tran sit services provided by the Authority;
(iii) A comparison between the overall wage and salary levels and fringe benefit levels and vacation, holiday, and excused time allowances of the Authority's represented employees and workers in the public and private sectors of the Metropolitan Area who perform work requiring similar skills, physical qualifications, job training, prior experience, mental ability and educational attainment;
(iv) A comparison of the hours and working conditions of the Authority's represented employee and workers in the public and private sectors of the Metropolitan Area who perform work requiring similar skills, physical qualifications, job training, prior experience, mental ability and educational attainment;
(v) The cost of consumer goods and services within the Metropolitan Area;
(vi) Any stipulation entered into by the Authority and the authorized representative.
(5) Prior to any interest arbitration to determine, in whole or in part, the wages, hours, or working conditions of any employee of the Authority, the Authority and the authorized representative shall select (or failing their agreement within a reasonable period of time, the Presiding Judge of the Superior Court of Fulton County shall appoint) a neutral fact-finder, to explore the issues and render a report to the Authority, the authorized representative concerned, and the public. The report shall recommend appropriate wages, hours, and working conditions for the Authority employees, and shall set forth supporting factual findings, determined with due and proper consideration of the factors set forth in paragraph (4) of this subsection (b). No interest ar bitration proceedings may commence until a fifteen (15) day period following the issuance of said report has expired, to give the Authority and said authorized representative an opportunity to continue collec tive bargaining in good faith during said fifteen (15) day period.
(6) In enacting this subsection (b), the General Assembly recognizes that arbitration ousts the jurisdiction of the courts and declares that it is appropriate for the State to regulate any method of disputes resolution that takes place outside the judicial system. The Superior Court of Fulton County shall have equitable and legal jurisdiction to enforce this subsection (b).
(7) No employee of the Authority shall engage in any strike, sitdown, slow-down, walkout, or other concerted cessation or curtail ment of work, and no authorized representative of employees of the Authority shall cause, instigate, encourage, promote or condone any strike, sit-down, slow-down, walkout or other concerted cessation of curtailment of work by any employee of the Authority.' ''

MONDAY, FEBRUARY 8, 1982

215

Senator Scott of the 43rd offered the following substitute to HB 55:

A BILL
To be entited an Act to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3264), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2082), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2092), an Act approved March 17, 1973 (Ga. Laws 1973, p. 141), an Act approved March 21, 1974 (Ga. Laws 1974, 2608), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2617), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2627), an Act approved February 20, 1976 (Ga. Laws 1976, p. 217), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3092), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3098), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3104), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3407), an Act approved March 23, 1977 (Ga. Laws 1977, p. 724), an Act approved March 30, 1977 (Ga. Laws 1977, p. 1211), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1312), an Act ap proved April 16, 1979 (Ga. Laws 1979, p. 4634), an Act approved March 25, 1980 (Ga. Laws 1980, p. 3831), an Act approved March 27, 1980 (Ga. Laws 1980, p. 4333), and an Act approved April 7, 1981 (Ga. Laws 1981, p. 4289), so as 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, without the necessity of public advertising or competitive bidding; to permit the Authority to negotiate an acquisi tion, disposition or contract if the Authority fails to receive at least one bid that conforms to the terms of its invitation for bids and which is also reasonable in price; to further define and specify the Authority's powers to bargain collectively with an authorized representative of its employees; to regulate any labor arbitration between the Authority and an authorized representative of its employees; to provide for cooling off periods, mediation, and binding arbitration; to prohibit strikes and work stoppages by employees of the Authority; 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. An Act known as "The Metropolitan Atlanta Rapid Tran sit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3264), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2082), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2092), an Act approved March 17, 1973 (Ga. Laws 1973, p. 141), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2608), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2617), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2627), an Act approved February 20, 1976 (Ga. Laws 1976, p. 217), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3092), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3098), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3104), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3407), an Act approved March 23, 1977 (Ga. Laws 1977, p. 724), an Act approved March 30, 1977 (Ga. Laws 1977, p. 1211), an Act

216

JOURNAL OF THE SENATE

approved April 8, 1977 (Ga. Laws 1977, p. 1312), an Act approved April 16, 1979 (Ga. Laws 1979, p. 4634), an Act approved March 25, 1980 (Ga. Laws 1980, p. 3831), an Act approved March 27, 1980 (Ga. Laws 1980, p. 4333), and an Act approved April 7, 1981 (Ga. Laws 1981, p. 4289), is hereby amended by adding immediately after subsection (p) of Section 8 a new subsection (q) to read as follows:
"(q) The power to enter into and make any contract with the United States of America or with any department or agency thereof, with the State of Georgia or any department, division, bureau, com mission, board, authority, agency, county, municipality or other political subdivision thereof, or with another State of the United States or any department, division, bureau, commission, board, authority, agency, county, municipality or other political subdivision thereof, for the purchase, lease (as lessee) or other-acquisition, or for the sale, lease (as lessor) or other disposition, of any equipment, sup plies, material or other property, both real and personal, without be ing required to make public advertising for the receipt of bids or for the award of a contract and also without being required to invite or receive competitive bids pursuant to Section 14 of this Act, provided that any such contract for the sale, lease (as lessor) or other disposition of property owned by the Authority must provide for the receipt by the Authority of consideration at least equal in value to the interest so sold, leased, or otherwise disposed of, all as established by indepen dent appraisal."
Section 2. Said Act is further amended by adding immediately after subsection (j) of Section 14 a new subsection (k) to read as follows:
"(k) If the Authority issues an invitation to bid pursuant to this Section, and if the Authority then fails to receive at least one bid that conforms to the terms of its invitation for bids and which is also reasonable in price, then the Authority may negotiate an acquisition, disposition or contract where the amount involved is $5,000 or more. No such negotiated acquisition, disposition or contract shall be made without the express approval of the Board and unless the negotiated price is reasonable."
Section 2.1. Said Act is further amended by striking subsection (b) of Section 20 thereof, which reads as follows:
"(b) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for bargaining with its employees through such agents in the same manner and to the same extent as if they were the employees of any privately owned transportation system.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for bargaining with its employees through such agents in the same manner and to the same extent as if they were the employees of any privately owned transportation system.

MONDAY, FEBRUARY 8, 1982

217

(2) The Authority shall submit labor disputes to binding interest arbitration or binding grievance arbitration. As used in this subsection (b), 'interest arbitration' shall mean arbitration which determines or formulates the terms and conditions of a labor agreement between the Authority and the authorized representative, including the formula tion of contract provisions governing wages, hours, and working con ditions. As used in this subsection (b), 'grievance arbitration' shall mean arbitration of a dispute between the Authority and the autho rized representative acting on behalf of an employee which involves the application, interpretation, or enforcement of the terms and condi tions of an existing labor agreement. No award in arbitration and no labor agreement entered into by the Authority may dilute, diminish, or impair management rights of the Authority, which shall include, by way of illustration and not by way of limitation, the following:
(A) The right to direct, appoint, employ, assign, and promote of ficers, management and other supervisory personnel and to deter mine the standards thereof;
(B) The right to discharge and terminate employees for just cause, subject to applicable labor contract grievance procedures;
(C) The right to plan and determine the levels of service to be pro vided by the Authority; and
(D) The right to hire and assign part-time employees as operators, subject to labor agreement restrictions, if any.
(3) Among the neutral arbitrators on any list provided to the Authority and the authorized representative from which an arbitrator is to be selected in any interest arbitration, the American Arbitration Association shall include a majority of neutral arbitrators on the list who are residents of either Fulton or DeKalb County and are mem bers of the National Academy of Arbitrators, experienced in transpor tation matters.
(4) In any interest arbitration between the Authority and an authorized representative, the arbitrators shall consider, among others, all of the following factors in determining their award:
(A) The financial ability of the Authority to meet its costs.
(B) A comparison between the overall wage and salary levels and fringe benefit levels and vacation, holiday, and excused time allowances of the Authority's represented employees and other workers in the public and private sectors of the Metropolitan Area and other similar communities who perform work for major transpor tation services.
(C) A comparison between the hours and working conditions of the Authority's represented employees and other workers in the public and private sectors of the Metropolitan Area and other similar communities who perform work for other major transportation ser vices.

218

JOURNAL OF THE SENATE

(D) The cost of consumer goods and services within the Metropolitan Area.
(E) Any stipulation entered into between the Authority and the authorized representative.
(5) At the expiration of any labor agreement between the Authori ty and the authorized representative of its employees, if no new labor agreement has then been reached, the parties may mutually agree on a cooling-off period of 30 days. In that event the governing authorities of Fulton County, DeKalb County, and the City of Atlanta shall each appoint a mediator. Any of these jurisdictions may appoint the per son, if any, who had been assisting the parties as a mediator prior to the expiration of the labor agreement. The three mediators so ap pointed shall then assist in the negotiations during the cooling-off period. If no agreement has been reached at the expiration of the cooling-off period, the issues shall then be submitted to final and bind ing interest arbitration.
(6) No employee of the Authority shall engage in any strike, sitdown, slow-down, walkout, or other concerted cessation or curtail ment of work and all contract conditions shall remain in effect until changed by negotiation or arbitration and no authorized represen tative of employees of the Authority shall cause, instigate, encourage, promote, or condone any strike or any other concerted cessation or curtailment of work by any employee of 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 declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or un constitutional.
Section 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 repealed.

Senator Kidd of the 25th moved that HB 55 be committed to the Committee on County and Urban Affairs.

On the motion, the yeas were 13, nays 37; the motion was lost, and HB 55 was not committed to the Committee on County and Urban Affairs.

Senator Bell of the 5th moved the previous question.

MONDAY, FEBRUARY 8, 1982

219

On the motion, the yeas were 47, nays 1; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment offered by the Senate Committee on County and Urban Affairs, Senator Scott of the 43rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Deal Dean English

Evans Fincher of 52nd Foster Garner Gillis Greene Hill Holloway Howard Kennedy Land Lester

Littlefield McGill Reynolds Robinson Stumbaugh Sutton Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Ballard Barker Barnes Bond Coleman Eldridge

Engram Fincher of 54th Horton Hudson Kidd McKenzie

Scott Starr Stephens Summers Tate Wessels

Not voting was Senator Hudgins.

On the adoption of the amendment, the yeas were 37, nays 18, and the commit tee amendment was adopted.

On the adoption of the substitute to HB 55 offered by Senator Scott of the 43rd, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Coleman

Dean Engram Horton Kidd McKenzie

Scott Starr Stephens Tate Wessels

220

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Deal Eldridge English Evans

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

Littlefield McGill Reynolds Robinson Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker

Not voting was Senator Hudgins.

On the adoption of the substitute to HB 55 offered by Senator Scott of the 43rd, the yeas were 16, nays 39, and the substitute was lost.

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

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

Those voting in the affirmative were Senators:

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

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

Lester McGill Reynolds Robinson Scott Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker

MONDAY, FEBRUARY 8, 1982

221

Those voting in the negative were Senators:

Ballard Bond Coleman Horton

Hudson Littlefield McKenzie Starr

Stephens Tate Wessels

Not voting was Senator Hudgins.

On the passage of the bill, the yeas were 44, nays 11.

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

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

HB 723. By Representatives Davis of the 124th, Darden of the 19th, Fuller of the 16th and others:
A bill to amend Code Chapter 27-9, relating to bail, surrender of prin cipal, and forfeiture of bond, so as to change the provisions relating to bail; to prohibit bail under certain circumstances.
HB 1253. By Representatives Davis of the 99th, Kemp of the 139th, Nicholson of the 88th and others:
A bill to amend Code Chapter 26-13, relating to crimes of bodily injury and related offenses, so as to change the penalty for aggravated assault; to amend the Official Code of Georgia Annotated accordingly.

The House had disagreed to the Senate amendments to the following bill of the House:

HB 1156. By Representatives McDonald of the 12th, Jackson of the 9th, Logan of the 62nd and others:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways," so as to delete a provision relating to certain equipment be ing added to equipment inspected under annual motor vehicle inspec tions; to amend the Motor Vehicle Emission Inspection and Maintenance Act; to amend the Motor Vehicle Safety Inspection Act by striking all pro visions except certain provisions.

222

JOURNAL OF THE SENATE

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

SB 468. By Senators Gillis of the 20th, McGill of the 24th, English of the 21st and others:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving tractors and farm equipment; to provide a policy statement; to provide definitions; to provide for ap plicability; to provide that certain conduct is unlawful; to prohibit certain conduct and transactions.

The Senate Committee on Agriculture offered the following substitute to SB 468:

A BILL
To be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving tractors and farm equipment; to provide a policy statement; to provide definitions; to pro vide for applicability; to provide that certain conduct is unlawful; to pro hibit certain conduct and transactions; to provide for parts and inven tory; to provide for warranty obligations and reimbursements; to provide for the applicability of the article to certain agreements and transactions; to provide for the termination of certain agreements and transactions; to provide for remedies; to provide that certain agreements and transac tions are void and unenforceable; to provide for the repurchase of certain inventory; to provide for certain liability; to provide for which agreements and transactions are covered by the article; 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. Chapter 8 of Title 13 of the Official Code of Georgia An notated, relating to illegal and void contracts, is amended by designating the current provisions of said chapter as Article 1 and by adding im mediately following newly designated Article 1 a new Article 2 to read as follows:
"ARTICLE 2
13-8-11. The General Assembly finds that the distribution of trac tors and farm equipment in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate tractor and farm equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia in order to prevent frauds, unfair business practices, unfair methods of com petition, impositions, and other abuses upon its citizens.

MONDAY, FEBRUARY 8, 1982

223

13-8-12. As used in this article, the term:
(1) 'Distributor' or 'wholesaler' means any person, company, or corporation who sells or distributes new tractors and farm equipment to tractor or farm equipment dealers and who maintains distributor representatives within the state.
(2) 'Distributor branch' means a branch office maintained by a distributor or wholesaler which sells or distributes new tractors and farm equipment to tractor or farm equipment dealers.
(3) 'Distributor representative' means a representative employed by a distributor branch, distributor, or wholesaler.
(4) 'Factory branch' means a branch office maintained by a manufacturer which manufactures and assembles tractors and farm equipment for sale to distributors or tractor or farm equipment dealers or which is maintained for directing and supervising the representatives of the manufacturer.
(5) 'Factory representative' means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of tractors and farm equipment or for supervising, servicing, instructing, or contracting with tractor or farm equipment dealers or prospective dealers.
(6) 'Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer, distributor, or wholesaler grants to a tractor or farm equipment dealer permission to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of tractors and farm equipment or services related thereto at wholesale, retail, whether by leasing, sale, or otherwise.
(7) 'Franchisee' means a tractor and farm equipment dealer to whom a franchise is offered or granted.
(8) 'Franchisor' means a manufacturer, distributor, or wholesaler who grants a franchise to a tractor and farm equipment dealer.
(9) 'Fraud' means, in addition to its normal legal connotation, the following: a misrepresentation in any manner, whether intentionally false or arising from gross negligence, of a material fact; a promise or representation not made honestly and in good faith; or an intentional failure to disclose a material fact.
(10) 'Manufacturer' means any person engaged in the business of manufacturing or assembling new and unused tractors and farm equipment.
(11) 'New tractor and farm equipment' means a tractor or unit of farm equipment which has not been previously sold to and put into regular use or service by any person except a distributor or wholesaler or tractor and farm equipment dealer for resale.

224

JOURNAL OF THE SENATE

(12) 'Person' means a natural person, corporation, partnership, trust, or other business entity; and, in case of a business entity, it shall include any other entity in which it has a majority interest or effec tively controls as well as the individual officers, directors, and other persons in active control of the activities of each such entity.
(13) 'Sale' means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any tractor or unit of farm equipment or interest therein or of any franchise related thereto; any option, subscription or other contract, or solicitation, looking to a sale, or of fer or attempt to sell in any form, whether in oral or written form.
(14) Tractors or farm equipment' means those tractors and other farm implements primarily designed for use in agriculture.

(15) Tractor or farm equipment dealer' means any person who sells, solicits, or advertises the sale of new and used tractors and farm equipment to the consuming public. It shall not include (A) receivers, trustees, administrators, executors, guardians, or other persons ap pointed by or acting under judgment, decree, or order of any court; (B) public officers while performing their duties as such officers; (C) per sons making casual sales of their own tractor or item of farm equip ment not subject to sales tax under the laws of the State of Georgia; (D) persons engaged in the auction sale of tractors and farm equip ment; or (E) dealers in used tractors and farm equipment.
13-8-13. Any person who engages directly or indirectly in pur poseful contacts within this state in connection with the offering or advertising for sale of new tractors and farm machinery and parts shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state upon service of process in ac cordance with the provisions of the laws of the State of Georgia.
13-8-14. Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-15 are declared to be unlawful.
13-8-15. (a) It shall be deemed a violation of Code Section 13-8-14 for any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, distributor represen tative, or tractor and farm equipment dealer to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage in terms of law or equity to any of the parties or to the public.
(b) It shall be deemed a violation of Code Section 13-8-14 for a manufacturer, a distributor, a wholesaler, a distributor branch or divi sion, a factory branch or division, or a wholesale branch or division, or officer, agent, or other representative thereof, to coerce, or attempt to coerce, any tractor and farm equipment dealer:
(1) To order or accept delivery of any tractor or unit of farm equip ment, parts or accessories therefor, or any other commodity or com modities which such tractor and farm equipment dealer has not voluntarily ordered; or

MONDAY, FEBRUARY 8, 1982

225

(2) To order or accept delivery of any tractor or farm equipment with special features, accessories, or equipment not included in the base list price of such tractor or farm equipment as publicly adver tised by the manufacturer thereof.
(c) It shall be deemed a violation of Code Section 13-8-14 for a manufacturer, a distributor, a wholesaler, a distributor branch or divi sion, a factory branch or division, or a wholesale branch or division, or officer, agent, or other representatives thereof:
(1) To refuse to deliver in reasonable quantities and within a reasonable time after receipt of dealer's order to any tractor and farm equipment dealer having franchise or contractual agreement for the retail sale of new tractors and farm equipment sold or distributed by such manufacturer, distributor branch or division, factory branch or division, or wholesale branch or division any tractor or item of farm equipment covered by such franchise or contract specifically adver tised or represented by such manufacturer, distributor, wholesaler, distributor or division, factory branch or division, or wholesale branch or division to be available for immediate delivery; provided, however, the failure to deliver any such tractor or unit of farm equip ment shall not be considered a violation of this article if such failure is due to prudent and reasonable restriction on extension of credit by the franchisor to the dealer, an act of God, work stoppage or delay due to a strike or labor difficulty, a bona fide shortage of materials, freight embargo, or other cause over which the manufacturer, distributor, or wholesaler, or any agent thereof, shall have no control;
(2) To coerce, or attempt to coerce, any tractor and farm equip ment dealer to enter into any agreement, whether written or oral, sup plementary to an existing franchise with such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative thereof; or to do any other act prejudicial to such dealer by threatening to cancel any franchise or any contractual agree ment existing between such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, and such dealer; provided, however, that notice in good faith to any tractor and farm equipment dealer of such dealer's violation of any terms or provisions of such franchise or contractual agreement shall not constitute a violation of this article if such notice is in writing mailed by registered or certified mail to such dealer at his current business address;
(3) (A) To terminate or cancel the franchise or selling agreement of any such dealer without due cause, as defined in subparagraph (8). The nonrenewal of a franchise or selling agreement, without due cause, shall constitute an unfair termination or cancellation, regardless of the specified time period of such franchise or selling agreement. Except where the grounds for such termination or cancellation fall within part 13-8-15(c) (3) (B) (iii), such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representatives thereof, shall notify a tractor and farm equipment dealer in writing of the termination or cancellation of the franchise or

226

JOURNAL OF THE SENATE

selling agreement of such dealer at least 60 days before the effective date thereof, stating the specific grounds for such termination or cancellation; and in no event shall the contractual term of any such franchise or selling agreement expire, without the written consent of the tractor and farm equipment dealer involved, prior to the expira tion of at least 60 days following such written notice. During the 60 day period, either party may, in appropriate circumstances, petition a court to modify such 60 day stay or to extend it pending a final deter mination of such proceedings on the merits. The court shall have authority to grant preliminary and final injunctive relief;
(B) As used in this subparagraph, tests for determining what con stitutes due cause for a manufacturer or distributor to terminate, cancel, or refuse to renew a franchise agreement shall include whether the dealer:
(i) Has transferred an ownership interest in the dealership without the manufacturer's or distributor's consent;
(ii) Has made a material misrepresentation in applying for or act ing under the franchise agreement;
(iii) Has filed a voluntary petition in bankruptcy or has had an in voluntary petition in bankruptcy filed against the dealer which has not been discharged within 30 days after the filing, is in default under the provisions of a security agreement in effect with the manufacturer or distributor, or is in receivership;
(iv) Has engaged in an unfair business practice;
(v) Has inadequately represented the manufacturer's or distributor's products with respect to sales, service, or warranty work;
(vi) Has engaged in conduct which is injurious or detrimental to the public welfare;
(vii) Has inadequate sales and service facilities and personnel;
(viii) Has failed to comply with an applicable licensing law;
(ix) Has been convicted of a crime, the effect of which would be detrimental to the manufacturer, distributor, or dealership;
(x) Has failed to operate in the normal course of business for seven consecutive business days;
(xi) Has relocated the dealer's place of business without the manufacturer's or distributor's consent; or
(xii) Has failed to comply with the terms of the dealership or fran chise agreement;

MONDAY, FEBRUARY 8, 1982

227

(4) To resort to or use any false or misleading advertisement in connection with his business as such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or divison, or officer, agent, or other represen tative thereof;
(5) To offer to sell or to sell any new tractor or unit of farm equip ment, or parts or accessories therefor to any other tractor or farm equipment dealer at a lower actual price therefor than the actual price offered to any other tractor or farm equipment dealer for the same model tractor or farm equipment identically equipped; or to utilize any device including, but not limited to, sales promotion plans or pro grams which result in such lesser actual price; provided, however, the provisions of this paragraph shall not apply to sales to a tractor or farm equipment dealer for resale to any unit of the United States government, the state, or any of its political subdivisions; and provid ed, further, that the provisions of this paragraph shall not apply so long as a manufacturer, distributor, or wholesaler, or any agent thereof, sells or offers to sell such new tractor or farm equipment, parts, or accessories to all their franchised tractor or farm equipment dealers at an equal price;
(6) To discriminate willfully, either directly or indirectly, in price, programs, or terms of sale offered to franchisees, where the effect of such discrimination may be to lessen competition substantially or to give to one holder of a franchise any business or competitive ad vantage not offered to all holders of the same or similar franchise;
(7) To prevent or attempt to prevent, by contract or otherwise, any tractor or farm equipment dealer from changing the capital structure of his dealership or the means by or through which he finances the operation of his dealership, provided the dealer at all times meets any reasonable capital standards agreed to between the dealership and the manufacturer, distributor, or wholesaler and provided such change by the dealer does not result in a change in the executive management of the dealership;
(8) To prevent or attempt to prevent, by contract or otherwise, any tractor and farm equipment dealer or any officer, partner, or stockholder of any tractor and farm equipment dealer from selling or transferring any part of the interest of any of them to any other person or persons or party or parties; provided, however, that no dealer, of ficer, partner, or stockholder shall have the right to sell, transfer, or assign the franchise or power of management or control thereunder without the consent of the manufacturer, distributor, or wholesaler, except that such consent shall not be unreasonably withheld;
(9) To obtain money, goods, services, anything of value, or any other benefit from any other person with whom the tractor and farm equipment dealer does business or employs on account of or in rela tion to the transactions between the dealer, the franchisor, and such other person; or
(10) To require a tractor and farm equipment dealer to assent to a release, assignment, notation, waiver, or estoppel which would relieve any person from liability imposed by this article.

228

JOURNAL OF THE SENATE

(d) It shall be deemed a violation of Code Section 13-8-14 for a tractor and farm equipment dealer:
(1) To require a retail purchaser of a new tractor or unit of farm equipment, as a condition of sale and delivery thereof, also to pur chase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser; provided, however, that this prohibition shall not apply to special features, appliances, equip ment, parts, or accessories which are already installed when the trac tor or unit of farm equipment is received by the dealer from the manufacturer, distributor, or wholesaler thereof;
(2) To represent and sell as new and unused any tractor or unit of farm equipment which has been used and operated for demonstration or other purposes without stating to the purchaser the approximate amount of use the tractor or unit of farm machinery has experienced; or
(3) To resort to or use any false or misleading advertisement in connection with his business as such tractor and farm equipment dealer.
13-8-16. (a) Every manufacturer shall specify and every dealer shall provide and fulfill reasonable predelivery and preparation obligations for its tractors and farm equipment prior to delivery of same to retail purchasers.
(b) Every manufacturer shall provide for repair parts availability throughout the reasonable useful life of any tractor or farm equip ment sold.
(c) Every manufacturer or distributor shall provide to his dealers, on an annual basis, an opportunity to return a portion of his surplus parts inventory for credit. The surplus parts return procedure shall be administered as follows:
(1) The manufacturer or distributor may specify and thereupon notify his dealers of a time period of at least 60 days duration, during which time dealers may submit their surplus parts list and return their surplus parts to the manufacturer or distributor;
(2) If a manufacturer or distributor has not notified a dealer of a specific time period for returning surplus parts within the preceding 12 months, then he shall authorize and allow the dealer's surplus parts return request within 30 days after receipt of such request from the dealer;
(3) Pursuant to the provisions of this subsection, a manufacturer or distributor must allow surplus parts return authority on a dollar value of parts equal to 8 percent of the total dollar value of parts pur chased by the dealer from the manufacturer or distributor during the 12 month period immediately preceding the notification to the dealer by the manufacturer or distributor of the surplus parts return pro gram, or the month the dealer's return request is made, whichever is

MONDAY, FEBRUARY 8, 1982

229

applicable; provided, however, that the dealer may, at his option, elect to return a dollar value of his surplus parts less than 8 percent of the total dollar value of parts purchased by the dealer from the manufacturer or distributor during the preceding 12 month period as provided herein;
(4) No obsolete or superseded part may be returned, but any part listed in the manufacturer's, wholesaler's, or distributor's current parts price list at the date of notification to the dealer by the manufac turer or distributor of the surplus parts return program, or the date of a dealer's parts return request, whichever is applicable, shall be eligi ble for return and credit hereinabove specified; provided, however, that returned parts must be in new and unused condition and must have been purchased from the manufacturer, wholesaler, or distributor to whom they are returned;
(5) The minimum lawful credit to be allowed for returned parts shall be 85 percent of the wholesale cost thereof as listed in the manufacturer's, wholesaler's, or distributor's current parts price list at the date of the notification to the dealer by the manufacturer, wholesaler, or distributor of the surplus parts return program, or the date of a dealer's parts return request, whichever is applicable;
(6) Applicable credit hereunder must be issued to the dealer within 30 days after receipt of his returned parts by the manufacturer or distributor; or
(7) Packing and return freight expense incurred in any return of surplus parts pursuant to the terms of this Code section shall be borne by the dealer.
13-8-17. (a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall provide a fair and reasonable war ranty agreement on any new tractor or unit of farm equipment which it sells and shall fairly compensate each of its tractor or farm equip ment dealers for labor and parts used in fulfilling such warranty agreement. All claims for payment under such warranty agreements made by tractor and farm equipment dealers hereunder for such labor and parts shall be paid within 30 days following their approval. All such claims shall be either approved or disapproved within 30 days after their receipt; and, when any such claim is disapproved, the trac tor or farm equipment dealer who submits it shall be notified in writing of its disapproval within such period; and each such notice shall state the specific grounds upon which the disapproval is based. Any special handling of claims required of the dealer by the manufac turer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, and not uniform ly required of all dealers of that make, may be enforced only after 30 days' notice in writing to the dealer and upon good and sufficient reason.
(b) The minimum lawful basis for compensating said dealer for warranty work as provided for herein shall be calculated for labor in accordance with the reasonable and customary amount of time re-

230

JOURNAL OF THE SENATE

quired to complete such work, expressed in hours and fractions of hours multiplied by the dealer's established hourly retail labor rate. Prior to filing a claim for reimbursement for warranty work, the dealer must notify the applicable manufacturer, wholesaler, or distributor of his hourly retail labor rate. The minimum lawful basis for compensation to the dealer for parts used in fulfilling said warran ty work shall be at the dealer's costs thereof, including all freight and handling charges applicable thereto, plus 15 percent of said sum to reimburse the dealer's reasonable costs of doing business and pro viding such warranty service on the manufacturer's behalf.
13-8-18. The provisions of this article shall apply to all written or oral agreements between a manufacturer, wholesaler, or distributor with a tractor or farm equipment dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, ser vices and advertising, leases or mortgages of real or personal proper ty, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or intallation contracts, servicing contracts, and all other such agreements in which the manufacturer, wholesaler, or distributor has any direct or indirect interest.
13-8-19. It shall be unlawful for the manufacturer, wholesaler, distributor, or franchisor, without due cause, to fail to renew on terms then equally available to all its tractor and farm equipment dealers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall receive fair and reasonable compensation for the inventory of the business. As used herein, 'due cause' shall be con strued in accordance with the definition of same as contained in subparagraph (B) of paragraph (3) of subsection (c) of Code Section 13-8-15.
13-8-20. (a) In addition to temporary or permanent injunctive relief as provided in subparagraph (A) of paragraph (3) of subsection (c) of Code Section 13-8-15, any person who shall be injured in his business or property by reason of anything forbidden in this article may bring an action therefor in the appropriate superior court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney's fee.
(b) When such action is one of common or general interest to many persons or when the parties are numerous and it is imprac ticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including actions for injunc tive relief.
(c) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law.
13-8-21. Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void and unenforceable.

MONDAY, FEBRUARY 8, 1982

231

13-8-22. (a) Whenever any tractor or farm equipment dealer enters into a franchise agreement with a manufacturer, distributor, or wholesaler wherein the dealer agrees to maintain an inventory of trac tors, farm equipment, or repair parts and the franchise is subsequent ly terminated, the manufacturer, distributor, or wholesaler shall repurchase the inventory as provided in this article. The dealer may keep the inventory if he desires. If the dealer has any outstanding debts to the manufacturer, distributor, or wholesaler, then the repur chase amount may be credited to the dealer's account.
(b) The manufacturer, distributor, or wholesaler shall repurchase that inventory previously purchased from him and held by the dealer on the date of termination of the contract. The manufacturer, distribu tor, or wholesaler shall pay 100 percent of the actual dealer cost, in cluding freight, of all new, unsold, undamaged, and complete tractors, or other units of farm equipment which are resalable and 100 percent of the current wholesale price of all new, unused, undamaged repair parts and accessories which are listed in the manufacturer's current parts price list. The manufacturer, distributor, or wholesaler shall pay the dealer 5 percent of the current wholesale price on all new, unus ed, and undamaged repair parts returned to cover the cost of han dling, packing, and loading. The manufacturer, distributor, or whole saler shall have the option of performing the handling, packing, and loading in lieu of paying the 5 percent sum imposed herein for these services.
(c) Upon payment within a reasonable time of the repurchase amount to the dealer, the title and right of possession to the repur chased inventory shall transfer to the manufacturer, distributor, or wholesaler, as the case may be.
(d) The provisions of this article shall not require the repurchase from a dealer of:
(1) Any repair part which has a limited storage life or is otherwise subject to deterioration;
(2) Any single repair part which is priced as a set or two or more items;
(3) Any repair part which, because of its condition, is not resalable as a new part without repackaging or reconditioning;
(4) Any inventory for which the dealer is unable to furnish evidence, reasonably satisfactory to the manufacturer, distributor, or wholesaler, of good title, free and clear of all claims, liens, and en cumbrances;
(5) Any inventory which the dealer desires to keep, provided the dealer has a contractual right to do so;
(6) Any tractor or unit of farm equipment which is not in new, unused, undamaged, complete condition;
(7) Any repair parts which are not in new, unused, undamaged condition;

232

JOURNAL OF THE SENATE

(8) Any inventory which was ordered by the dealer on or after the date of receipt of the notification of termination of the franchise; or
(9) Any inventory which was acquired by the dealer from any source other than the manufacturer, distributor, or wholesaler.
(e) If any manufacturer, distributor, or wholesaler shall fail or refuse to repurchase any inventory covered under the provisions of this article within 60 days after termination of a dealer's contract, he shall be civilly liable for 100 percent of the current wholesale price of the inventory plus any freight charges paid by the dealer, the dealer's reasonable attorney's fees, court costs, and interest on the current wholesale price computed at the legal interest rate from the sixty-first day after termination.
13-8-23. In the event of the death or incapacity of the dealer or the majority stockholder of a corporation operating as a dealer, the manufacturer, distributor, or wholesaler shall, at the option of the heirs at law, if the dealer died intestate, or the devisees or transferees under the terms of the deceased dealer's last will and testament, if said dealer died testate, repurchase the inventory from said heirs or devisees as aforesaid as if the manufacturer, distributor, or wholesaler had terminated the contract and the inventory repurchase provisions of Code Section 13-8-22 are made expressly applicable hereto. The heirs or devisees as aforesaid shall have one year from the date of the death of the retailer or majority stockholder to exercise their option under this article; provided, however, that nothing in this article shall require the repurchase of inventory if the heirs or devisees as aforesaid and the manufacturer, distributor, or wholesaler enter into a new franchise agreement to operate the retail dealership.
13-8-24. A manufacturer, distributor, or wholesaler, as the case may be, will fully indemnify and hold harmless its dealer against any losses including, but not limited to: court costs and reasonable at torney's fees or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresen tation, express or implied warranty, or rescission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this article, parts or accessories, or other functions by the manufacturer, distributor, or wholesaler which are beyond the control of the dealer.
13-8-25. The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing con tract and all other contracts entered into or renewed after November 1, 1982. Any contract in force and effect on November 1, 1982, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to this article."

Section 2. This Act shall become effective on November 1, 1982.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 8, 1982

233

Senator Robinson of the 27th offered the following amendment:

Amend the substitute to SB 468 offered by the Senate Committee on Agriculture by adding between lines 12 and 13 of Page 5 the following new Code section:

"13-8-14.1 The provisions of this article relating to franchise agreements between manufacturers and tractor or farm equipment dealers, as defined in Code Section 13-8-12, shall also apply to similar franchise agreements between manufacturers and wholesalers."

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 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 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 Hill Holloway 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

Those not voting were Senators Engram and Hudgins.

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

234

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed by substitute. Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 468.

SB 483. By Senator Barnes of the 33rd:
A bill to amend the "Uniform Reciprocal Support Act" so as to provide for reciprocal enforcement of support with foreign governments; to amend the Official Code of Georgia Annotated accordingly; to provide for all related matters; to provide 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, 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 Gillis Greene Hill Hollo way 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

Those not voting were Senators Garner and Hudgins.

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 House action thereon:

MONDAY, FEBRUARY 8, 1982

235

HB 1156. By Representatives McDonald of the 12th, Jackson of the 9th, Logan of the 62nd and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment and inspection of motor vehicles, so as to repeal certain provisions relative to the annual motor vehicle safety in spections; to provide for annual safety inspections for school buses; to provide for a penalty for the failure to comply with certain requirements relative to safety equipment.

Senator Cobb of the 28th moved that the Senate insist upon the Senate amend ments to HB 1156.

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

Those voting in the affirmative were Senators:

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 Gillis Greene Hill Holloway 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

Voting in the negative was Senator Barker. Those not voting were Senators Allgood, Garner and Hudgins.

On the motion, the yeas were 52, nays 1; the motion prevailed, and the Senate insisted upon the Senate amendments to HB 1156.

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

236

JOURNAL OF THE SENATE

HB 723. By Representatives Davis of the 124th, Darden of the 195th, Fuller of the 16th and others:
A bill to amend Code Chapter 27-9, relating to bail, surrender of prin cipal, and forfeiture of bond, so as to change the provisions relating to bail; to prohibit bail under certain circumstances.
Referred to Committee on Special Judiciary.

HB 1253. By Representatives Davis of the 99th, Kemp of the 139th, Nicholson of the 88th and others:
A bill to amend Code Chapter 26-13, relating to crimes of bodily injury and related offenses, so as to change the penalty for aggravated assault; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Special Judiciary.

HR 536. By Representative Balkcom of the 140th: A resolution authorizing the conveyance of an interest in certain real property located in Miller County, Georgia.
Referred to Committee on Public Utilities.
The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage:

SB 485. By Senator Barnes of the 33rd:
A bill to amend an Act creating the Board of Polygraph Examiners so as to continue the board and the laws relating to the board until certain dates; to amend the Official Code of Georgia Annotated accordingly; to provide 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, 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 Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

MONDAY, FEBRUARY 8, 1982

237

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Not voting was Senator Hudgins.

On the passage of the bill, the yeas were 55, nays 0.

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

SB 521. By Senator Barnes of the 33rd:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia An notated, relating to sentencing of convicted criminal defendants, so as to provide that the sentencing judge may direct that certain felony sentences be served in a county correctional institution; 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 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 Holloway Horton Howard Hudson Kennedy Kidd Land Lester McGill

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

238

JOURNAL OF THE SENATE

Those not voting were Senators Coverdell, Hudgins and Littlefield.

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 524. By Senator Barnes of the 33rd: A bill to amend Code Title 38, relating to evidence, so as to provide that the physical custody and control of evidence shall be in the clerk of court; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Senator Howard of the 42nd offered the following amendment:

Amend SB 524 by adding on Page 1, line 16, after the word "his" the following:
"or her".

On the adoption of the amendment, the yeas were 40, nays 0, and the amend ment was adopted.

Senator Barnes of the 33rd offered the following amendment:
Amend SB 524 by adding on Page 1, line 19, and on Page 2, line 8, after "of.", a new sentence to read as follows:
' The clerk may allow the release of the evidence to the party in troducing the evidence.''

On the adoption of the amendment, the yeas were 43, 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

MONDAY, FEBRUARY 8, 1982

239

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 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 Coverdell and Hudgins.

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 524.
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 12:50 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

240

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 9, 1982 Fourteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 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 bill of the House:

HB 1202. By Representatives Birdsong of the 103rd and Watson of the 114th:
A bill to amend Code Section 56-2703, relating to dependent coverage under group life insurance policies, as amended, so as to increase the maximum coverage for dependents; to amend the Official Code of Georgia Annotated accordingly.

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

SB 613. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia An notated, relating to ad valorem taxation of property, so as to change the provisions relating to adjustment and equalization of county tax digests; to change certain procedures; to provide an effective date.
Referred to Committee on Banking, Finance and Insurance.

SB 614. By Senator Kidd of the 25th:
A bill to amend Code Section 48-5-2, relating to definitions with respect to ad valorem taxation of property, so as to exclude certain costs of pur chase and sale from the meaning of the term "fair market value to prop erty"; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to Committee on Banking, Finance and Insurance.

TUESDAY, FEBRUARY 9, 1982

241

SB 615. By Senator Kidd of the 25th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to change the definition of the term ' 'daycare center"; to change the definition of the term "child welfare agency"; to provide for the regulation of day-care centers; to define cer tain safety; to provide for licenses; to provide for the administration of centers; to provide for staff; to provide an effective date.
Referred to Committee on Human Resources.

SB 616. By Senator Tysinger of the 41st:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia An notated, relating to professional engineers and land surveyors, so as to provide for the registration of all firms, corporations, professional cor porations, partnerships, associations, or other entities practicing or offer ing to practice professional engineering services in the State of Georgia.
Referred to Committee on Industry, Labor and Tourism.

SB 617. By Senator Tysinger of the 41 st:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia An notated, relating to the regulation of professional engineers and land surveyors, so as to prohibit the use of certain words for advertisement purposes; to provide a penalty; to provide an effective date.
Referred to Committee on Industry, Labor and Tourism.

SB 618. By Senator Tysinger of the 41st:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that the Secretary of State shall not issue a name registration for a foreign or domestic corporation or a renewal for a registered corporate name when the name to be registered contains certain words unless he has determined that the corporation applying for the name is in compliance with certain provisions of law.
Referred to Committee on Industry, Labor and Tourism.

SB 619. By Senators Howard of the 42nd and Kidd of the 25th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia An notated, relating to general provisions regarding licensure of professions and businesses, so as to repeal specifically certain provisions relating to veterans' preference points upon examinations given by state examining boards; to provide for definitions; to provide for Senate confirmation of appointees to state examining boards.
Referred to Committee on Governmental Operations.

242

JOURNAL OF THE SENATE

SB 620. By Senators Howard of the 42nd, Kidd of the 25th and McGill of the 24th:
A bill to amend Chapter 42 of Title 43 of the Official Code of Georgia An notated, relating to professional sanitarians, so as to change the member ship of the Georgia Board of Registered Professional Sanitarians and to provide for a quorum; to abolish the board's advisory council but to pro vide for resource councils; to change certain requirements relating to examinations and applications therefor and provide for licenses, cer tificates, and fees; to provide an effective date.
Referred to Committee on Human Resources.

SB 621. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment requirements and inspections of motor vehicles, so as to prohibit the operation or sale of certain motor vehicles whose front windshields or right or left front door windows are covered and treated with certain opaque, tinted, or reflective materials; to pro vide an exception; to provide an effective date.
Referred to Committee on Public Safety.

SB 622. By Senator Barker of the 18th:
A bill to amend an Act entitled "The Economic Rehabilitation Act of 1975", so as to clarify the purpose of said Act; to change the definition of certain terms; to change the provisions relative to the administration of certain community service programs; to clarify certain provisions relative to available funds and the allocation of such funds; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Governmental Operations.

SB 623. By Senator Starr of the 44th:
A bill to amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles and providing for other matters relative thereto, as amended, so as to provide for the fee which shall be charged for the filing of certain affidavits; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Transportation.

SB 624. By Senator Stephens of the 36th:
A bill to amend Code Section 15-7-5 of the Official Code of Georgia An notated, relating to judges of other state courts serving and retired judges serving, so as to provide that retired state court judges shall be authoriz ed to perform marriage ceremonies; to provide an effective date.
Referred to Committee on Judiciary.

TUESDAY, FEBRUARY 9, 1982

243

SB 625. By Senators Kennedy of the 4th, Littlefield of the 6th and Bryant of the 3rd:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia An notated, relating to superior courts, so as to increase to three the number of judges of the superior courts of the Atlantic Judicial Circuit; to provide for the initial appointment of such additional judge by the Governor; to provide for the initial term of office of such judge; to provide an effective date.
Referred to Committee on Judiciary.

SB 626. By Senators Gillis of the 20th, Fincher of the 54th, Walker of the 19th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, so as to revise the list of waters classified as trout waters, to specify seasons therefor, and to correct certain typographical errors in the list; to provide for severability; to provide an effective date.
Referred to Committee on Natural Resources and Environmental Quality.

SB 627. By Senator Greene of the 26th:
A bill to amend Code Chapter 68A-11, relating to miscellaneous rules of the Uniform Rules of the Road, as amended, so as to add a new Code sec tion specifying the requirements for the towing of vehicles by a nonrigid connection and to provide a penalty for the violation of such re quirements; to amend the Official Code of Georgia Annotated according ly; to provide effective dates.
Referred to Committee on Transportation.

SB 628. By Senator Timmons of the llth:
A bill to amend an Act creating the Board of Commissioners of Early County, as amended, so as to change the compensation of the county commissioners; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 629. By Senator Timmons of the 11 th:
A bill to amend an Act placing the Clerk of the Superior Court of Seminole County upon an annual salary, as amended, so as to change the authorized compensation of the clerk of the superior court; to provide how the compensation shall be determined; to provide for other matters relative to the foregoing; to provide for interim compensation; to provide an effective date.
Referred to Committee on County and Urban Affairs.

244

JOURNAL OF THE SENATE

SB 630. By Senator Timmons of the 11th:
A bill to amend an Act providing for the compensation of the Sheriff of Seminole County, as amended, so as to change the authorized compensa tion of the sheriff; to provide how the compensation shall be determined; to provide for other matters relative to the foregoing; to provide for in terim compensation; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 631. By Senator Dean of the 31 st:
A bill to amend an Act placing certain officers of Polk County on an an nual salary in lieu of a fee system of compensation, as amended, so as to change the number of deputies to be employed by the sheriff. Referred to Committee on County and Urban Affairs.

SB 632. By Senators Dean of the 31st, Timmons of the llth, Bowen of the 13th and others:
A bill to amend Code Chapter 24-28, relating to sheriffs, as amended, so as to provide for bonds of deputies; to amend Code Chapter 89-4, relating to official bonds, as amended, so as to change the provisions relating to bonds of deputies of public officials; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.
Referred to Committee on Public Safety.

SB 633. By Senator Reynolds of the 48th:
A bill to amend an Act known as the "Gwinnett County Water and Sewerage Authority Act", as amended, so as to change the provisions relating to the procedures for filling vacancies on the authority. Referred to Committee on County and Urban Affairs.

SB 634. By Senator Reynolds of the 48th:
A bill to amend an Act creating the Gwinnett County Public Facilities Authority, as amended, so as to change the provisions relating to the pro cedures for filling vacancies on the authority. Referred to Committee on County and Urban Affairs.

SB 635. By Senator Reynolds of the 48th:
A bill to amend an Act creating the Gwinnett County Recreation Authori ty, as amended, so as to change the provisions relating to the procedures for filling vacancies on the authority. Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 9, 1982

245

SB 636. By Senator Reynolds of the 48th:
A bill to amend an Act creating and establishing an airport authority for Gwinnett County, as amended, so as to change the provisions relating to the procedures for filling vacancies on the authority.
Referred to Committee on County and Urban Affairs.

SB 637. By Senator Reynolds of the 48th:
A bill to amend an Act changing certain provisions relating to the Gwin nett Building Authority so as to change the provisions relating to the pro cedures for filling vacancies on the authority. Referred to Committee on County and Urban Affairs.

SB 638. By Senator Greene of the 26th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to add a new chapter to authorize the discontinuance of extraordinary life-sustaining procedures for certain persons; to provide for a declaration of findings; to define certain terms; to provide for written living wills and the procedures connected therewith; to provide for witnesses; to provide for revocation of living wills; to provide an effective date.
Referred to Committee on Judiciary.

SR 259. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to change the amount of the reward which the General Assembly is authorized to provide to the first person, firm, or corporation, or com bination thereof, which puts down and brings in the first commercial oil well in this state; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Industry, Labor and Tourism.

SR 260. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to pro vide for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes; to provide for certain payments at the time the ownership of any homestead changes hands; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

246

JOURNAL OF THE SENATE

SR 261. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the fair market value for ad valorem tax purposes of the homestead of certain residents of Georgia actually occupied by the owner as a residence and homestead shall be the lesser of the fair market value of such property or the fair market value of such property on the first day of January following the year in which the owner becomes 65 years of age or becomes totally and per manently disabled to perform the duties of his ordinary occupation; to provide that the General Assembly shall establish criteria as to which persons and which property are covered by the provisions of this amend ment; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 262. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to pro hibit a county from raising the millage rate on any property tax levied by the county in a tax year if the tax digest of real and personal property in the county for the tax year has increased in excess of 10 percent over the amount of the county tax digest of real and personal property in the county in the immediately preceding tax year; to provide for the submis sion of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 264. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution so as to ex empt the capital improvements of the Cabbagetown Historic District economic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes, including ad valorem taxes for school purposes, for a period of seven years following their establishment or addition; to provide certain exceptions; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

SR 266. By Senators Dean of the 31st and Brantley of the 56th:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of the Paulding County School District who is 65 years of age or over, regardless of income, shall be ex empt from ad valorem taxation for educational purposes levied by or on behalf of the Paulding County School Districts, including ad valorem tax ation to pay interest on or to retire school bond indebtedness.
Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 9, 1982

247

SR 267. By Senator Dean of the 31 st:
A resolution proposing an amendment to the Constitution so as to in crease from two hundred dollars to five hundred dollars the civil jurisdic tion of justices of the peace in Polk County; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

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

HB 1202. By Representatives Birdsong of the 103rd and Watson of the 114th:
A bill to amend Code Section 56-2703, relating to dependent coverage under group life insurance policies, as amended, so as to increase the maximum coverage for dependents. Referred to Committee on Banking, Finance and Insurance.

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

Mr. President:

The 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 480. Do pass by substitute. SB 523. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

The 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 112. SB 344. SB 507. SB 552.

Do pass by substitute. Do pass by substitute. Do not pass. Do pass by substitute.

248

JOURNAL OF THE SENATE

SB 567. Do pass by substitute. SB 582. Do pass as amended.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

The 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 528. Do pass by substitute. SB 560. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The 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 461. Do pass by substitute. SB 591. Do pass.
Respectfully submitted,
Senator Wessels of the 2nd District, Chairman

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

SB 467. By Senators Bell of the 5th and Engram of the 34th:
A bill to amend Code Title 59, relating to juries, as amended, so as to pro vide for a Special Investigative Grand Jury with state-wide jurisdiction; to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide for the same changes described above.

TUESDAY, FEBRUARY 9, 1982

249

SB 497. By Senators Howard of the 42nd and Lester of the 23rd:
A bill to amend an Act making provision for the licensure of applied psychologists, as amended, so as to change the definition regarding the practice of applied psychology; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

SB 498. By Senators Howard of the 42nd, Trulock of the 10th and Kidd of the 25th:
A bill to amend an Act providing for the licensure of practical nurses, as amended, so as to provide for the continuation of the Georgia Board of Examiners of Licensed Practical Nurses and the laws relating thereto but to provide for the later termination of that board and those laws; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

SB 499. By Senators Howard of the 42nd and Trulock of the 10th:
A bill to amend Code Section 84-1002, relating to the Board of Nursing, as amended, so as to continue the Georgia Board of Nursing and the Laws relating thereto but to provide for the later termination of the board and such laws; to amend the Official Code of Georgia Annotated accor dingly; to provide for effective dates and automatic repeal.

SB 502. By Senators Howard of the 42nd and Eldridge of the 7th:
A bill to amend the "Georgia Barber Act", as amended, so as to continue the Georgia State Board of Barbers and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated accordingly; to provide for effec tive dates and automatic repeal.

SB 517. By Senator Kidd of the 25th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, so as to change the definition of the term "practi tioner"; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 538. By Senator Deal of the 49th:
A bill to amend Code Section 27-2511.1, relating to review of certain sentences, as amended, so as to provide for inapplicability to sentences imposed in misdemeanor cases; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

250

JOURNAL OF THE SENATE

SB 540. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Georgia State Occupational Therapy Licensing Act", as amended, so as to continue the Georgia State Board of Occupational Therapy and the laws relating thereto but to pro vide for the later termination of that board and those laws; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

SB 572. By Senators Land of the 16th, Barnes of the 33rd and Walker of the 19th:
A bill to amend Chapter 5 of Title 17 of the Official Code of Georgia An notated, relating to searches and seizures, so as to change the provisions relating to disposition of property seized; to change certain procedures; to provide an effective date.

SB 578. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to writs of habeas corpus for persons under sentence by a state court of record, so as to provide that certain petitions for writs of habeas corpus may be transferred to the superior court of the county in which the original conviction was obtained; to provide for ser vice in transferred petitions; to provide an effective date.

SB 579. By Senator Deal of the 49th:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offenders, so as to authorize the judge to place a defendant in confinement as a condition to being afforded first offender benefits; to provide for pardons, paroles, and earned-time allowances for those so confined; to provide for discharge and exonera tion to those so confined; to provide an effective date.

SB 580. By Senator Deal of the 49th:
A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in pretrial proceedings, so as to exclude and suppress oral testimony derived from a written scientific report under certain circumstances; to provide an effective date.

SB 583. By Senators Howard of the 42nd and Holloway of the 12th:
A bill to amend Code Section 84-1102, relating to appointment of a Board of Examiners in Optometry, as amended, so as to continue the Board of Examiners in Optometry and the laws relating thereto but to provide for the later termination of that Board and those laws; to amend the Official Code of Georgia Annotated accordingly.

TUESDAY, FEBRUARY 9, 1982

251

SB 594. By Senator Greene of the 26th:
A bill to amend Code Section 48-2-55 of the Official Code of Georgia An notated, relating to attachment, garnishment, and levy for unpaid taxes, so as to require notifications of certain tax sales to certain lienholders and security interest holders; to provide an effective date.

SB 595. By Senator Greene of the 26th:
A bill to amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles, as amended, so as to require that information be requested concerning all interest holders in certain vehicles and to re quire that all such interest holders receive notification regarding aban donment of such vehicles; to amend the Official Code of Georgia An notated accordingly; to provide for effective dates and automatic repeal.

SB 597. By Senator Greene of the 26th:
A bill to amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to provide notice of condemnation proceedings to certain security interest holders and lienholders under certain condi tions; to provide when certain persons shall not have claims upon seized vehicles, conveyances, or proceeds from the sale thereof; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

SB 598. By Senator Greene of the 26th:
A bill to amend Code Section 79A-828, relating to forfeitures of certain items used with regard to controlled substances and marijuana, as amended, so as to provide for notice of certain forfeiture proceedings to lienholders and security interest holders; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

SR 226. By Senators Horton of the 17th, Bond of the 39th, Eldridge of the 7th and others:
A resolution creating the Services for the Aged Study Committee.

SR 228. By Senators Howard of the 42nd, Lester of the 23rd and Kidd of the 25th: A resolution creating the Special Study Commission on Mental Health.

SR 238. By Senators Thompson of the 32nd and Barnes of the 33rd:
A resolution directing the Department of Public Safety to provide pam phlets relating to driving under the influence of alcohol to applicants for driver's licenses; to incorporate questions relating to driving under the influence of alcohol on examinations for driver's licenses.

252

JOURNAL OF THE SENATE

HB 823. By Representatives Wall of the 61st, Martin of the 60th and Phillips of the 59th:
A bill to amend grand juries in general, so as to provide that all elected of ficers and officials shall be ineligible to serve on grand juries while holding elective office and for two years thereafter.

HB 943. By Representative Phillips of the 125th:
A bill to amend an Act creating a new charter for the Town of Thunder bolt, so as to change the corporate limits of the town; to provide for a referendum.

HB 1087. By Representatives Darden, Wilson and Thompson of the 19th:
A bill to add one additional judge of the superior courts of the Cobb Judicial Circuit of Georgia; to provide for the election of such judge and his successors.

HB 1172. By Representatives Wall of the 61st, Phillips of the 59th and Martin of the 60th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia An notated; relating to superior courts, so as to increase to four the number of judges of the superior courts of the Gwinnett Judicial Circuit.

HB 1179. By Representatives Walker of the 115th, Karrh of the 106th, Culpepper of the 98th and others:
A bill to amend Code Chapter 49-6, relating to guardians for in capacitated adults, so as to provide that the guardian ad litem of a person alleged to be incompetent may also be the attorney.

HB 1184. By Representative Parham of the 109th:
A bill to repeal an Act entitled "An Act creating and establishing a Small Claims Court in each county having a population of not less than 7,500 and not more than 7,900 according to the Official United States decennial census of 1960 or any future such census."

HB 1222. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to further define, prescribe and enlarge the powers and duties of the Central Valdosta Development Authority and to further regulate the management and conduct of the Authority.

TUESDAY, FEBRUARY 9, 1982

253

HB 1229. By Representatives Nicholson of the 88th, Padgett of the 86th, Swann of the 90th and others:
A bill to amend Code Section 59-104, relating to the clerk of the board of jury commissioners, so as to provide in certain counties that the chief judge of the superior court of said counties shall be authorized and em powered to appoint a jury clerk and such other necessary personnel; to amend the Official Code of Georgia Annotated accordingly.

HB 1246. By Representative Cox of the 141st:
A bill to amend Code Chapter 24-17, relating to powers, election, qualification, and fees of judges of the probate courts, so as to provide that in all counties of this state having a population of not less than 25,400 nor more than 25,900, the fees of the judges of the probate courts shall be of a different and certain sum; to amend the Official Code of Georgia Annotated accordingly.

HR 514. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others:
A resolution to amend a resolution creating the Select Committee on Constitutional Revision, so as to extend the existence of the committee.

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

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway 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 answering were Senators:

Bond Engram

Hudson

Timmons

254

JOURNAL OF THE SENATE

Senator Lester of the 23rd introduced the chaplain of the day, Reverend J. Harvey West, pastor of Aldersgate United Methodist Church, Augusta, Georgia, who offered scripture reading and prayer.

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

SB 546. By Senator Kidd of the 25th:
A bill to amend an Act creating the office of tax commissioner of Han cock County, as amended, so as to change the compensation of the tax commissioner; to provide an effective date.

Senator Kidd of the 25th moved that SB 546 be committed to the Committee on County and Urban Affairs.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 546 was committed to the Committee on County and Urban Affairs.

SB 547. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff, the judge of the Probate Court, and the clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation provisions relating to the judge of the probate court and the clerk of the superior court; to provide an effective date.

Senator Kidd of the 25th moved that SB 547 be committed to the Committee on County and Urban Affairs.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 547 was committed to the Committee on County and Urban Affairs.

The following resolutions of the Senate were read and adopted:

SR 257. By Senator McKenzie of the 14th: A resolution commending Mrs. Royce Ann Martin.

SR 263. By Senator Kennedy of the 4th:
A resolution recognizing Jes Strickland on the occasion of Georgia 4-H Day.

SR 265. By Senator Barker of the 18th: A resolution recognizing the Warner Robins High School "Demons".

TUESDAY, FEBRUARY 9, 1982

255

SR 268. By Senator Reynolds of the 48th: A resolution commending Mrs. Faye Moore.

Senator Allgood of the 22nd moved that the following bill of the Senate be withdrawn from the Committee on Judiciary and referred to the Committee on Special Judiciary:

SB 638. By Senator Greene of the 26th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to add a new chapter to authorize the discontinuance of extraordinary life-sustaining procedures for certain persons; to provide for a declaration of findings; to define certain terms; to provide for written living wills and the procedures connected therewith; to provide for witnesses; to provide for revocation of living wills; to provide an effective date.

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Dean

English Fincher of 54th Foster Gillis Holloway Horton Hudgins Kennedy Lester Littlefield McGill

McKenzie Reynolds Scott Starr Summers Tate Thompson Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Coverdell Deal Eldridge Engram Evans

Garner Greene Hudson Kidd

Land Robinson Stumbaugh Sutton

Those not voting were Senators:

Barnes Bell Bond Broun of 46th

Fincher of 52nd Hill Howard

Stephens Trulock Wessels

256

JOURNAL OF THE SENATE

On the motion, the yeas were 33, nays 13; the motion prevailed, and SB 638 was withdrawn from the Committee on Judiciary and committed to the Committee on Special Judiciary.

Senator Tate of the 38th 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 549. By Senator Coverdell of the 40th:
A bill to amend an Act providing that cities having a population of more than 150,000 according to the United States decennial census of 1920 or any future such census shall furnish pensions to officers and employees of such cities, as amended, so as provide that certain benefits for officers elected or appointed for definite terms shall not apply to officers who take office after a certain date.

On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators:

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

Engram Evans Fincher of 54th Foster Garner Gillis Greene 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

Those not voting were Senators:

Broun of 46th

Hill

Fincher of 52nd

Wessels

On the motion, the yeas were 52, nays 0; the motion prevailed, and SB 549 was withdrawn from the Committee on Retirement and committed to the Committee on
County and Urban Affairs.

TUESDAY, FEBRUARY 9, 1982

257

SENATE CALENDAR Tuesday, February 9, 1982 FOURTEENTH LEGISLATIVE DAY
SB 525. Marriage Licenses--change application costs (SUBSTITUTE) (Judy-33rd)
SB 529. Agricultural Commodity Commissions--compensation of certain members (Ag--24th)
SR 52. Death Penalty-relative to (SUBSTITUTE) (Off R-23rd)
HB 1162. Code of Georgia Annotated--provide for distribution (AMENDMENT) (Judy-33rd)
SB 226. Board of Pilotage Commissioners for Port of Savannah--number of pilots (SUBSTITUTE) (S Judy--2nd)
SB 459. Liens for Work and Materials--professional foresters (SUBSTITUTE) (NREQ-9th)
SB 463. Dogfighting, Gambling on Dogfighting--unlawful (SUBSTITUTE) (Judy-42nd)
SB 466. Hunting, Fishing Licenses--honorary for Florida residents (SUBSTITUTE) (NREQ_-53rd)
SB 476. Personnel Board and Merit System--Georgia State Patrol (Pub Saf--44th)
SB 477. Fair Employment Practices Act--extend life (Gov Op--44th)
SB 478. Offender Rehabilitation Department--polygraph examinations certain personnel (Off R--44th)
SB 493. Planning and Budget Office--payment for personal services (Gov Op-25th)
SB 495. Agency Rules--invalidate certain rules and later validate (Gov Op-42nd)
SB 509. Taking Game by Means of Falconry--revise season (NREQ--34th)
SB 510. State Officers, Employees--prohibit threats for contracts with General Assembly (Gov Op--25th)
SB 522. Court Postponement--if counsel is in another court (SUBSTITUTE) (Judy-33rd)
SB 564. Probate Court Judges--require certain initial training (Gov. Op-25th)
SR 233. Health Care in Jails and Prisons--relative to (Off R--36th)
SR 234. General Assembly Sessions, Committee Meetings, Hearings--open to public (AMENDMENT) (Rules-55th)
SR 240. Legislation Relative to Death Penalty--urge Congress pass (Off R-21st)
SR 241. Office Vacancy--General Assembly committee members fill certain circumstances (Gov OP--25th)

258

JOURNAL OF THE SENATE

SR 242. Joint Correctional Institutional Study Committee--create (Off R-30th)
SR 243. Constitutional Amendments--people have power to enact, reject (Gov Opt--27th)
HB 732. Coroners' Jurors--compensation (SUBSTITUTE) (Hum R--40th)
HB 870. Act Providing Comprehensive Treatment of Alcoholism--change effective date (SUBSTITUTE) (Hum R-32nd)

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 525. By Senator Barnes of the 33rd:
A bill to amend Code Section 24-1716, relating to probate court costs, as amended, so as to change the costs relating to the application for and is suance of marriage licenses and provide for a portion of such costs to be state funds; to amend the Official Code of Georgia Annotated so as to provide therein for all of the above matters; to provide effective dates.

Senator Barnes of the 33rd moved that SB 525 be committed to the Committee on Judiciary.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 525 was committed to the Committee on Judiciary.

SB 529. By Senators McGill of the 24th, Kennedy of the 4th, Walker of the 19th and others:
A bill to amend Code Section 2-8-6 of the Official Code of Georgia An notated, relating to the composition of agricultural commodity commis sions, so as to fix the compensation of certain members of the commis sions; to provide for expense reimbursement to employees of the com mission; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond

Brannon Brantley Broun of 46th Brown of 47th Bryant

Cobb Coleman Coverdell Deal Dean

TUESDAY, FEBRUARY 9, 1982

259

Eldridge English Engram Evans Fincher of 52nd Foster Garner Gillis Greene Hill Holloway

Horton Howard Hudson Kennedy Kidd Lester McGill McKenzie Reynolds Robinson Scott

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker

Voting in the negative was Senator Bowen.

Those not voting were Senators:

Barker Fincher of 54th Hudgins

Land Littlefield

Timmons Wessels

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

The bill, having received the requisite constitutional majority, was passed.
SR 52. By Senators Lester of the 23rd, Kennedy of the 4th and Garner of the 30th: A resolution relative to the death penalty.

Senator Lester of the 23rd moved that SR 52 be postponed until February 10.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SR 52 was postponed until February 10.

HB 1162. By Representatives Snow of the 1st, Murphy of the 18th, Karrh of the 106th and Walker of the 115th: A bill to provide for the distribution of state copies of the official Code of Georgia Annotated; to provide responsibility for upkeep and supplemen tation; to designate the copies as property of the state. Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Judiciary offered the following amendment to HB 1162:
Amend HB 1162 by striking on Page 1, line 16, the following:
"Supreme Court.................................... 12",

260

JOURNAL OF THE SENATE

and inserting in lieu thereof the following:

"Supreme Court...................

,20'

On the adoption of the amendment, the yeas were 29, nays 0, and the amend ment was adopted.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 1162 by adding on Page 1, after line 19 the following: "Active Senior Judges. ............................... 10".

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Lester Littlefield

Voting in the negative was Senator Broun of 46th.

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

Those not voting were Senators:

Engram Hudgins

Land

Wessels

TUESDAY, FEBRUARY 9, 1982

261

On the passage of the bill, the yeas were 51, nays 1.

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

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1162.

The following general bill of the Senate, having been read the third time on January 22 and postponed until February 8, was put upon its passage:

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.

Senator Coleman of the 1st moved that SB 226 be committed to the Committee on Special Judiciary.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 226 was committed to the Committee on Special Judiciary.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 459. By Senators Sutton of the 9th and Trulock of the 10th:
A bill to amend Code Section 67-2001, relating to creation of liens for work done and materials furnished, as amended, so as to make the provi sions of said Code section applicable to services furnished by profes sional foresters.

The Senate Committee on Natural Resources and Environmental Quality of fered the following substitute to SB 459:
A BILL
To be entitled an Act to amend Code Section 67-2001, relating to creation of liens for work done and materials furnished, as amended, so as to make the provisions for such liens applicable to services furnished by professional foresters; to amend the Official Code of Georgia An notated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

262

JOURNAL OF THE SENATE

Parti
Section 1. Code Section 67-2001, relating to creation of liens for work done and materials furnished, as amended, is hereby amended by adding immediately after the phrase "registered land surveyors" the following:
'', professional foresters,'',
by adding immediately after the phrase "or registered land surveying" the following:
'', professional forestry,'',
by adding immediately after the phrase "with respect to which registered land surveying" the following:
'', professional forestry,'',
and by adding immediately after the phrase "registered land surveying furnished" the following:
", professional forestry service furnished,",
so that when so amended said Code Section 67-2001 shall read as follows:
"67-2001. Creation of liens; work done and materials furnished. (1) All mechanics of every sort, who have taken no personal security therefor, shall, for work done and material furnished in building, repairing, or improving any real estate of their employers; all contrac tors, and all subcontractors and all materialmen furnishing material to subcontractors and all laborers furnishing labor for subcontractors, materialmen, and persons furnishing material for the improvement of real estate; all registered architects furnishing plans, drawings, designs, or other architectural services used in building and improv ing real estate; all registered land surveyors, professional foresters, and registered professional engineers performing or furnishing ser vices as such on or with respect to any real estate; all contractors and all subcontractors and all materialmen furnishing material to sub contractors and all laborers furnishing labor for subcontractors for building factories, furnishing material for the same, or furnishing machinery for the same; and all machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up in any county any steam mill or other machinery, or who may repair the same; and all contractors to build railroads, shall each have a special lien on such real estate, factories, or railroads.
(2) When work done or material or architectural service furnish ed for the improvement of real estate is done or furnished upon the employment of a contractor or a subcontractor or some person other than the owner, or registered land surveying, professional forestry, or registered professional engineering services are so furnished or per formed with respect to real estate, the lien given by this section shall attach to the real estate improved, or with respect to which registered

TUESDAY, FEBRUARY 9, 1982

263

land surveying, professional forestry, or registered professional engineering services are rendered or performed, as against such true owner for the amount of the work done or material furnished, or the value of such services furnished or performed, unless such true owner shall show that such lien has been waived in writing, or shall produce the sworn statement of the contractor, or other person, at whose instance the work was done or material was furnished, or such services furnished or rendered, that the agreed price or reasonable value thereof has been paid: Provided, that in no event shall the ag gregate amount of liens set up hereby exceed the contract price of the improvements made: Provided, further, that with respect to the lien for architectural services furnished, registered land surveying fur nished, professional forestry services furnished, or registered profes sional engineering services furnished the lien shall become effective against third parties without notice thereof, only after notice thereof shall have been filed for record as provided in this Chapter: Provided, further, that the words 'contractor or other person at whose instance the work was done or material was furnished' shall not include sub contractors: and Provided, further, that the sworn statement of the contractor or other person at whose instance the work was done or material was furnished shall operate to dissolve all liens given by this section.
(3) For purposes of this Code Chapter 'materials,' in addition to including those items for which liens are already permitted under this Chapter, shall also include tools, appliances, machinery, or equip ment used in making improvements to the real estate, to the extent of the reasonable rental value of such tools, appliances, machinery, or equipment: Provided, further, that 'materialman' shall also include all persons furnishing such tools, appliances, machinery, or equipment."
Part 2
Section 2. Part 3 of Article 6 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, is amended by striking code Section 44-14-361 and insert ing in its place a new Code section to read as follows:
"44-14-361. (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials:
(1) All mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers;
(2) All contractors, all subcontractors and all materialmen fur nishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate;
(3) All registered architects furnishing plans, drawings, designs, or other architectural services used in building and improving real estate;

264

JOURNAL OF THE SENATE

(4) All registered land surveyors, professional foresters, and registered professional engineers performing or furnishing services on or with respect to any real estate:
(5) All contractors, all subcontractors and materialmen furnishing material to subcontractors, and all laborers furnishing labor for sub contractors for building factories, furnishing material for factories, or furnishing machinery for factories;
(6) All machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up any mill or other machinery in any county or who may repair the same; and
(7) All contractors to build railroads.
(b) When work done or material or architectural service furnish ed for the improvement of real estate is done or furnished upon the employment of a contractor or some person other than the owner or when registered land surveying, professional forestry, or registered professional engineering services are so furnished or performed with respect to real estate, the lien given by this Code section shall attach to the real estate which is improved or with respect to which registered land surveying, professional forestry, or registered professional engineering services are rendered or performed, against the true owner of the real estate for the amount of the work done or material furnished or for the value of the services furnished or performed, unless the true owner shows that the lien has been waived in writing or produces the sworn statement of the contractor or other person at whose instance the work was done or material was furnished or such services were furnished or rendered, which statement declares that the agreed price or reasonable value thereof has been paid. In no event shall the aggregate amount of liens set up by this Code section exceed the contract price of the improvements made; and provided, further, that, with respect to the lien for architectural services furnish ed, registered land surveying furnished, professional forestry services furnished, or registered professional engineering services furnished, the lien shall become effective against third parties without notice of the lien only after the notice of the lien has been filed for record as provided for in this part. As used in this subsection, the words 'con tractor or other person at whose instance the work was done or material was furnished' shall not include subcontractors. The sworn statement of the contractor or other person at whose instance the work was done or material was furnished shall operate to dissolve all liens given by this Code section."
Section 3. Said part is further amended by striking paragraphs (1) through (4) of Code Section 44-14-362 and inserting in their place new paragraphs to read as follows:
"(1) A substantial compliance by the party claiming the lien with his contract for building, repairing, or improving; for architectural services furnished; for registered land surveying, professional forestry, or registered professional engineering services furnished or performed; or for materials or machinery furnished or set up, as set forth in Code Section 44-14-361;

TUESDAY, FEBRUARY 9, 1982

265

(2) The filing for record of his claim of lien within three months after the completion of the work, the furnishing of the architectural services, or the furnishing or performing of such serveying, forestry, or engineering services or within three months after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located, which claim shall be in substance as follows:
'A. B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered land surveyor, professional forester, registered professional engineer, or other person (as the case may be) claims a lien in the amount of (specify the amount claimed) on the house, factory, mill, machinery, or railroad (as the case may be) and the premises or real estate on which it is erected or built, of C. D. (describing the houses, premises, real estate, or railroad), for satisfaction of a claim which became due on (specify the date the claim was due) for building, repairing, im proving, or furnishing material (or whatever the claim may be).'
The clerk of the superior court shall have the right to rely upon the amount specified above in determining the sufficiency of any bond to discharge under Code Section 44-14-364. The failure to specify both the amount claimed due under the lien and the date said claim was due shall result in such lien not constituting notice for any purposes;
(3) The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due. In addition, at the time of filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall con tain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded in strument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his at torney of record. The notice shall identify the court wherein the ac tion is brought; the style and number of the action, including the names of all parties thereto; the date of the filing of the action; and the book and page number of the records of the county wherein the sub ject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action. Failure to bring action and to file the notice described in this paragraph within the time required shall extinguish the subject claim of liens and render the same unenforceable;
(4) In the event any contractor or subcontractor procuring material, architect's services, registered land surveyor's services, pro fessional forestry services, or registered professional engineer's ser vices, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure shall abscond or die or leave the state within 12 months from the date such services, labor,

266

JOURNAL OF THE SENATE

supplies, or material are furnished to him, so that personal jurisdic tion cannot be obtained on the contractor or subcontractor in an ac tion for the services, material, labor, or supplies, or if the contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of an action, no final judgment can be obtained against him for the value of such material, services, labor, or supplies because of his death or adjudication in bankruptcy, then and in any of these events, the per son or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. Subject to Code Section 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved in an action against the owner thereof, if filed within 12 months from the time the lien becomes due, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to improse no personal liability upon the owner of the property; provided, however, that in such action for recovery, the owner of the real estate im proved, who has paid the agreed price or any part of same, may set up the payment in any action brought and prove by competent and rele vant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the property improved;''.
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are 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 Cobb Coleman Coverdell

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

Foster Gillis Greene Hill Holloway Horton Howard Hudson Kennedy

TUESDAY, FEBRUARY 9, 1982

267

Kidd Land Lester Littlefield McGill Reynolds Robinson Scott Stephens

Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker

Voting in the negative was Senator Garner.

Those not voting were Senators:

Bryant Engram Hudgins

McKenzie Starr Tate

Trulock Wessels

On the passage of the bill, the yeas were 47, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 463. By Senators Howard of the 42nd, Barnes of the 33rd and Trulock of the 10th: A bill to amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to make certain activities unlawful; to provide a penalty.
The Senate Committee on Judiciary offered the following substitute to SB 463:
A BILL
To be entitled an Act to amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to make certain ac tivities involving fighting dogs unlawful; to provide a penalty; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. Code Chapter 26-27, relating to gambling and related of fenses, as amended, is amended by adding at the end thereof a new Code section, to be designated Code Section 26-2714, to read as follows:

268

JOURNAL OF THE SENATE

"26-2714. Dogfigthing. (a) It shall be unlawful for any person to cause or allow a dog to fight another dog for sport or gaming purposes or to maintain or operate any event at which dogs are allowed or en couraged to fight one another.
(b) Any person violating any provision of subsection (a) shall be guilty of a felony and, upon conviction thereof, shall be punished by a mandatory fine of $5,000.00 or a mandatory fine of $5,000.00 and im prisonment for not less than one nor more than five years."
Part 2
Section 2. Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by adding a new Code Section 16-12-36 to read as follows:
"16-12-36. (a) A person commits the offense of dogfighting when he causes or allows a dog to fight another dog for sport or gaming pur poses or maintains or operates any event at which dogs are allowed or encouraged to fight one another.
(b) A person convicted of the offense of dogfighting shall be punished by a mandatory fine of $5,000.00 or by a mandatory fine of $5,000.00 and imprisonment for not less than one year nor more than five years."
Part 3
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes

Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th

TUESDAY, FEBRUARY 9, 1982

269

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 Summers Button Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker

Bell

Wessels

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

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

SB 466. By Senator Summers of the 53rd:
A bill to amend Code Section 45-302, relating to hunting and fishing licenses, as amended, so as to provide that honorary hunting and fishing licenses may be issued without charge to residents of the State of Florida; to provide effective dates.

The Senate Committee on Natural Resources and Environmental Quality of fered the following substitute to SB 466:
A BILL
To be entitled an Act to amend Code Section 45-302, relating to hunt ing and fishing licenses, as amended, so as to provide that honorary fishing licenses may be issued without charge to residents of the State of Florida who have attained the age of 65 years to the extent that reciprocal provisions exist under Florida law; to amend Official Code of Georgia Annotated Section 27-2-4, relating to honorary hunting and fishing licenses, so as to provide therein for the same change described above; to provide effective dates; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

270

JOURNAL OF THE SENATE

Part 1
Section 1. Code Section 45-302, relating to hunting and fishing licenses, as amended, is hereby amended by adding a new subsection (o) to read as follows:
"(o) Any resident of the State of Florida who has attained the age of 65 years may apply for and receive from the department a lifetime honorary fishing license which shall entitle such person to fish in this state without the payment of any fee whatsoever. This subsection shall be effective only for such period of time as there exists under Florida law a reciprocal provision which extends similar privileges to residents of the State of Georgia who have attained the age of 65 years."
Part 2
Section 2. Official Code of Georgia Annotated Section 27-2-4, relating to honorary hunting and fishing licenses, is hereby amended by redesignating subsection (d) as subsection (e) and inserting a new subsec tion (d) to read as follows:
"(d) Any resident of the State of Florida who has attained the age of 65 years may apply for and receive from the department a lifetime honorary fishing license which shall entitle such person to fish in this state without the payment of any fee whatsoever. This subsection shall be effective only for such period of time as there exists under Florida law a reciprocal provision which extends similar privileges to residents of the State of Georgia who have attained the age of 65 years."
Part 3
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approved by the Governor or upon its otherwise becoming law without his approval.
(b) Part I of this Act shall be repealed effective November 1, 1982.
(c) Part II of this Act shall become effective November 1, 1982.
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 32, nays 0, and the substitute was adopted.

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

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

TUESDAY, FEBRUARY 9, 1982

271

Those voting in the affirmative were Senators:

Allgood Ballard 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 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

Those not voting were Senators:

Barker Bell

Coverdell Holloway

Wessels

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

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

SB 476. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
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 exclude certain personnel from the classified service; to amend the Official Code of Georgia Annotated accordingly.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Bond

Bowen Brantley Broun of 46th

Brown of 47th Bryant Cobb

272

JOURNAL OF THE SENATE

Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis
Greene

Hill
Holloway Horton Howard Hudson Kennedy Land Lester 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:

Barnes Brannon

Garner Hudgins

Kidd Littlefield

Not voting were Senators Barker and Bell.

On the passage of the bill, the yeas were 48, nays 6,

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

The President announced that the Senate would stand in recess from 12:00 o'clock Noon until 2:30 o'clock P.M.

At 2:30 o'clock P.M., the President called the Senate to order.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 477. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend the "Fair Employment Practices Act of 1978", as amend ed, so as to extend the life of the Act; to amend the Official Code of Georgia Annotated accordingly; to provide 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, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 9, 1982

273

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Deal Eldridge English Engram Evans

Fincher of 54th Foster Garner Gillis Hill Holloway Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Bond Brannon Coleman Coverdell

Dean Fincher of 52nd Greene Horton

Hudson Summers Tate Thompson

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 1235. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A bill to amend an Act providing appropriations for the fiscal year 1981-82, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1981-82.

274

JOURNAL OF THE SENATE

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

SB 478. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Section 42-2-9 of the Official Code of Georgia An notated, relating to the selection of employees of the Department of Of fender Rehabilitation, so as to provide that the commissioner shall have the authority to direct that certain personnel of the department submit to polygraph examinations in connection with internal investigations being conducted by 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 Brown of 47th Bryant Cobb Deal Dean Eldridge English

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

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Coleman Coverdell

Horton Howard Summers

Tate Thompson Timmons

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 9, 1982

275

SB 493. By Senator Kidd of the 25th:
A bill to amend an Act authorizing the director of the Office of Planning and Budget to require payment for personal services within the state government to be calculated and to be made on the basis of 26 pay periods per year; to amend the Official Code of Georgia Annotated accordingly.

Senators Kidd of the 25th and Starr of the 44th offered the following amend ment:

Amend SB 493 by striking from the title on line 2 of Page 1 the following:
' 'Office of Planning and''.
By striking from Section 1 on line 16 of Page 1 the following:
"Office of Planning and".
By adding at the end of Section 1 on line 28 of Page 1, immediately following the word "holiday", the following:
"; provided, however, that any such employee so compensated shall have annual leave sufficient to cover such Saturday, Sunday, or legal holiday".
By adding at the end of Section 2 on line 13 of Page 2, immediately following the word "holiday", the following:
"; provided, however, that any such employee so compensated shall have annual leave sufficient to cover such Saturday, Sunday, or legal holiday".

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

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bowen

Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb

Deal Dean Eldridge English Engram Evans

276

JOURNAL OF THE SENATE

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 Tate Trulock Turner Tysinger Walker Wessels

Voting in the negative were Senators Coleman and Sutton.

Those not voting were Senators:

Bond Coverdell

Summers Thompson

Timmons

On the passage of the bill, the yeas were 49, nays 2.

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

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 493.

SB 495. By Senator Howard of the 42nd:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia An notated, relating to procedures for the adoption of agency rules, so as to invalidate certain rules which are changed and adopted after being transmitted for legislative review but to provide for their later validation; to provide for consultations, objections, overrides, and vetoes regarding invalidated rules; to provide an effective date.

Senators Evans of the 37th, Barnes of the 33rd and Robinson of the 27th offered the following substitute to SB 495:
A BILL
To be entitled an Act to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Pro cedure Act," so as to change the applicability of said chapter by changing the definition of agency; to invalidate certain rules which are changed and adopted after being transmitted for legislative review but to provide

TUESDAY, FEBRUARY 9, 1982

277

for their later validation; to provide for consultations, objections, over rides, and vetoes regarding invalidated rules; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 50 of the Official Code of Georgia An notated, known as the "Georgia Administrative Procedure Act," is amended by striking paragraph (1) of Code Section 50-13-2 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; all public authorities; or any agency when its action is concerned with the military or naval affairs of this state."
Section 2. Said chapter is further amended by adding at the end of Code Section 50-13-4 a new subsection (h) to read as follows:
"(h) Notwithstanding an agency's compliance with subsection (d) of this Code section, if a copy of a proposed rule is transmitted to the legislative counsel pursuant to subsection (e) of this Code section but that rule as finally adopted by the agency differs in any way from that rule as last transmitted to the legislative counsel, that adopted rule shall be invalid. Such invalidated rule may become valid if again adopted in exact conformity with subsection (e) of this Code section and no sooner than 30 and no later than 45 days after its invalidated adoption. Those provisions of subsection (a) of this Code section relating to public notice and hearing shall not apply to adoptions of rules under this subsection. An invalidated rule adopted under this subsection shall be subject to objection, override, and veto under subsection (f) of this Code section unless exempted therefrom under subsection (g) of this Code section, in which event only consultation regarding the rule under subsection (g) shall be required."
Section 3. This Act shall become effective November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 1, and the substitute was adopted.

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

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

278

JOURNAL OF THE SENATE

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 Holloway Horton Howard Hudgins Hudson Kennedy

Kidd Lester McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Trulock Turner Tysinger Walker

Voting in the negative was Senator Wessels.

Those not voting were Senators:

Coverdell Land

Littlefield Summers

Thompson Timmons

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

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

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 495.

SB 509. By Senators Engram of the 34th, Cobb of the 28th, Garner of the 30th and others:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia, relating to seasons and bag limits under the Game and Fish Code, so as to revise the season for taking certain game species by means of falconry.

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

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

TUESDAY, FEBRUARY 9, 1982

279

Those voting in the affirmative were Senators:

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

Engram Evans Fincher of 52nd Foster Garner Gillis Greene Hollo way Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

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

Those not voting were Senators:

Coleman Coverdell English

Fincher of 54th Hill Littlefield

Summers Thompson Timmons

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

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

SB 510. By Senator Kidd of the 25th:
A bill to amend Code Chapter 26-23, relating to abuse of governmental office, as amended so as to prohibit officers and employees of the state from threatening, disciplining, or reprimanding a subordinate officer or employee for making certain contacts or communications with any member of the General Assembly; to provide for effective dates and automatic 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:

Those voting in the affirmative were Senators:

Allgood Ballard Barker

Barnes Bell Bond

Bowen Brannon Brantley

280

JOURNAL OF THE SENATE

Broun of 46th Brown of 47th Coleman Deal Dean Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner

Gillis Hill Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Greene Holloway

Howard

Those not voting were Senators:

Bryant Cobb Coverdell

Evans Summers

Trulock
Thompson Timmons

On the passage of the bill, the yeas were 45, nays 4. The bill, having received the requisite constitutional majority, was passed.

SB 522. By Senator Barnes of the 33rd: A bill to amend Code Section 81-1413, relating to continuances because of absence or illness of counsel, so as to provide that a postponement shall be given as a matter of right if counsel is in another court; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
The Senate Committee on Judiciary offered the following substitute to SB 522:
A BILL
To be entitled an Act to amend Code Section 81-1413, relating to con tinuances because of absence or illness of counsel, so as to provide that a postponement shall be given as a matter of right if counsel is in another court; to provide for procedure for and effect of such postponement; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

TUESDAY, FEBRUARY 9, 1982

281

Parti
Section 1. Code Section 81-1413, relating to continuances because of absence or illness or counsel, is amended by designating the existing text of the Code section as subsection (a) and adding a new subsection (b) to read as follows:
"(b) A postponement shall be granted as a matter of right if the court is given notice that counsel for any party, if there is but one, or leading counsel if there are more than one, is absent because of atten dance in any other court. Such notice may be given either orally to the court upon the call of the matter or orally, in writing, or by telephone to the clerk or deputy clerk of the court prior to the call of the matter. The postponement shall be effective only until the specific engage ment of counsel warranting it has terminated, plus a reasonable allowance of time for counsel to appear at the courthouse. The court may punish false representation by counsel of conflicting court engagements under its contempt power."
Part 2
Section 2. Code Section 9-10-155 of the Official Code of Georgia An notated, relating to continuances because of absence or illness of counsel in civil matters, is amended by designating the existing text of the Code section as subsection (a) and adding a new subsection (b) to read as follows:
"(b) A postponement shall be granted as a matter of right if the court is given notice that counsel for any party, if there is but one, or leading counsel if there are more than one, is absent because of atten dance in any other court. Such notice may be given either orally to the court upon the call of the matter or orally, in writing, or by telephone to the clerk or deputy clerk of the court prior to the call of the matter. The postponement shall be effective only until the specific engage ment of counsel warranting it has terminated, plus a reasonable allowance of time for counsel to appear at the courthouse. The court may punish false representation by counsel of conflicting court engagements under its contempt power.''
Section 3. Code Section 17-8-24, relating to continuances because of absence or illness or counsel in criminal matters, is amended by designating the existing text of the Code section as subsection (a) and ad ding a new subsection jb) to read as follows:
"(b) A postponement shall be granted as a matter of right if the court is given notice that counsel for any party, if there is but one, or leading counsel if there are more than one, is absent because of atten dance in any other court. Such notice may be given either orally to the court upon the call of the matter or orally, in writing, or by telephone to the clerk or deputy clerk of the court prior to the call of the matter. The postponement shall be effective only until the specific engage ment of counsel warranting it has terminated, plus a reasonable allowance of time for counsel to appear at the courthouse. The court may punish false representation by counsel of conflicting court engagements under its contempt power.''

282

JOURNAL OF THE SENATE

Parts
Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
|c) Part 2 of this Act shall become effective on November 1, 1982.
Section 5. All laws and parts of laws in conflict with this Act are 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 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 Hill Holloway 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:

Coverdell

Greene

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

Summers

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

TUESDAY, FEBRUARY 9, 1982

283

SB 564. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated, so as to require certain initial training for persons who serve as judges of the probate court; to provide for continued annual training; to exclude certain years of service from retirement eligibility; to provide for other matters relative to the foregoing; to provide an effective date.

Senator Kidd of the 25th moved that SB 564 be committed to the Committee on Governmental Operations.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 564 was committed to the Committee on Governmental Operations.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 233. By Senators Stephens of the 36th, Hudson of the 35th, Kidd of the 25th and others:
A resolution relative to health care in jails and prisons.

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 Foster Garner Gillis Hill Horton Howard Hudgins Hudson

Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Sutton Tate

284

JOURNAL OF THE SENATE

Thompson Timmons
Trulock

Turner Tysinger

Walker Wessels

Those not voting were Senators:

Bond Coverdell Fincher of 54th

Greene Holloway (presiding)

Robinson Summers

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

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

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

SR 234. By Senators Stumbaugh of the 55th, Robinson of the 27th, Eldridge of the 7th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the sessions of the General Assembly, all committee meetings, and all hear ings shall be open to the public except as otherwise provided by law; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section V of the Constitution is amended by adding at the end thereof a new Paragraph to read as follows:
"Paragraph XIV. Open meetings. The sessions of the General Assembly, all committee meetings, and all hearings shall be open to the public except as otherwise 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 that the sessions of the General Assembly, all committee
[ ] NO meetings, and all hearings shall be open to the public except as otherwise provided by law?''

TUESDAY, FEBRUARY 9, 1982

285

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 Rules offered the following amendment:

Amend SR 234 by adding on Page 1, line 12, before the word "com mittee" the words "of its",
and
By adding on Page 1, line 13, before the word "hearings" the words "of its",
and
By adding on Page 1, line 22, before the word "committee" the words "of its",
and
By adding on Page 1, line 23, before the word "hearings" the words "of its".

On the adoption of the amendment, the yeas were 30, nays 0, and the amend ment was adopted.

Senator Kidd of the 25th moved that SR 234 be postponed until Monday, February 15.

On the motion, 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:

English Gillis Kidd

McGill Starr

Thompson Walker

Those voting in the negative were Senators:

Allgood Barker Barnes Bell

Bond Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Cobb

286
Coleman Deal Dean Eldridge Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene

JOURNAL OF THE SENATE

Hill Horton Howard Hudgins Hudson Kennedy Land Lester Littlefield McKenzie Reynolds

Robinson Scott Stephens Stumbaugh Sutton Tate Timmons Trulock Turner Tysinger Wessels

Those not voting were Senators:

Ballard Coverdell

Holloway (presiding)

Summers

On the motion, the yeas were 7, nays 45; the motion was lost, and SR 234 was not postponed until Monday, February 15.

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:

Those voting in the affirmative were Senators:

Allgood 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 Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Voting in the negative were Senators Bowen and Timmons.

TUESDAY, FEBRUARY 9, 1982

287

Those not voting were Senators:

Ballard Coverdell

Holloway (presiding) Reynolds

Summers

On the adoption of the resolution, the yeas were 49, nays 2.

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

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 240. By Senators English of the 21st, Walker of the 19th, Gillis of the 20th and others:
A resolution urging Congress to pass certain legislation relative to the death penalty.

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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Deal Eldridge English Engram Fincher of 52nd

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

Those voting in the negative were Senators:

Allgood Bond

Evans Hudgins

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

288

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard Broun of 46th

Coverdell Dean

Holloway (presiding) Summers

On the adoption of the resolution, the yeas were 45, nays 5.

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

The following general resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:
SR 241. By Senators Kidd of the 25th, Greene of the 26th, Lester of the 23rd and Robinson of the 27th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for ap propriate committees of the General Assembly to fill a vacancy in office after the Governor has failed to fill such vacancy within 90 days after the vacancy occurs; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article V, Section II of the Constitution is amended by striking Paragraph IV in its entirety and inserting in lieu thereof a new Paragraph IV to read as follows:
"Paragraph IV. Filling Vacancies. When any office shall become vacant, by death, resignation, or otherwise, the Governor shall have the power to fill such vacancy within 90 days after the office is vacated, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof. In cases in which the Governor has the power of appointment and fails to exercise such power within the required 90 day period, such vacancies shall be filled by committees of the General Assembly as follows: the President of the Senate shall designate the appropriate standing committee in the Senate to consider such appointment, and the Speaker of the House of Representatives shall designate the ap propriate standing committee in the House to consider such appoint ment. The committees shall meet jointly at the call of their chairmen and shall appoint a person to fill the vacancy for the remainder of the unexpired term of office and until a successor is commissioned; pro vided, however, that no person shall be appointed who does not receive a majority of the votes cast in each committee."

TUESDAY, FEBRUARY 9, 1982

289

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 ap propriate committees of the General Assembly to fill a
[ ] NO vacancy in office after the Governor has failed to fill such vacancy within 90 days after the vacancy occurs?''
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the 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 Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb
Coleman Dean Eldridge English
Engram

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

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Tate Thompson Timmons Trulock
Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes Deal

Evans Gillis

Starr Sutton

290

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard Coverdell

Holloway (presiding)

Summers

On the adoption of the resolution, the yeas were 46, nays 6.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
SR 242. By Senators Garner of the 30th, Fincher of the 52nd, 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 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 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 Hill Horton Howard Kennedy Kidd Land Lester Littlefield McGill

Those not voting were Senators:

Ballard Bond Brantley Coverdell

Greene Holloway Hudgins

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

TUESDAY, FEBRUARY 9, 1982

291

On the adoption of the resolution, the yeas were 46, nays 0.

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

The President resumed the Chair.

SR 243. By Senators Robinson of the 27th, Greene of the 26th, Land of the 16th 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 failed to act on such proposed statute, amendment to a statute or amendment to the Constitu tion within the two years immediately preceding the general election at which such proposals are to be presented to the voters through the ini tiative petition process provided for herein. The people, through the ini tiative petition, shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State.
If conflicting initiative petitions submitted to the people at the same general election are approved, the petition receiving the highest number of affirmative votes shall become law as to all conflicting provisions. After an initiative petition is defeated by the people voting in a general election, an initiative petition which contains essentially the same provi sions shall not be submitted to the people at the next two (2) general elec tions.

292

JOURNAL OF THE SENATE

Each person signing an initiative petition shall affix thereto his or her signature, residence address, and the name of the county in which he or she is a registered voter. The petition may consist of more than one (1) document, but each document shall have affixed thereto an affidavit made by one (1) of the signers of such document to the effect that all of the signatures are genuine and that each individual who signed such document was at the times 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 proposition 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 that one year, or both. Each petition shall include a warning statement setting forth the preceding sentence.
Paragraph II. Initiative Petitions Proposing Amendments to the Con stitution. An initiative petition proposing an amendment to the Constitu tion 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 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 amendment, 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 Con stitution shall not refer to more than one (1) subject matter and shall not contain matter different from what is expressed in the title thereof. The language which is to appear on the ballot shall be the same as the ques tion contained in the resolution proposing the amendment which was in troduced into the General Assembly and which is the subject of the ini tiative.
Such initiative petition proposing an amendment to the Constitution shall be filed with the Secretary of State not less than one hundred and twenty (120) days before any regular general election at which the ques tion of approval or disapproval of such amendment may be voted upon by the voters of the entire State. The Secretary of State shall immediately proceed to examine each petition filed with him and compute whether or not the proper number of signatures appear on the petition. If the peti tion contains less than the required number of signatures no further ac tion 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

TUESDAY, FEBRUARY 9, 1982

293

signatures or are not the genuine signatures of such persons, 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 appearing 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 petition. The Secretary of State shall tabulate and certify the total number of valid signatures ap pearing on the petition and shall certify whether the necessary number of signatures appear on the petition. If an insufficient 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 Congres sional District of the State as provided by law once each week for three (3) consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted. Amendments to the Constitution proposed by initiative petition shall appear on the ballots in the same form as other proposed 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 word ing 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 amend ment to a statute shall be signed in each Congressional District by a number of registered voters equal to ten (10) percent of more of the number of voters who votes for the candidates for the office of Governor in the last preceding gubernatorial election in that Congressional District, but the total number of registered voters within the State signing the ini tiative petition shall be equal to fifteen (15) percent or more of the total number of voters who voted for the candidates for the office of Governor in the last preceding gubernatorial election. An initiative petition propos ing 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 committee or

294

JOURNAL OF THE SENATE

floor substitute to a bill or 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.
Such initiative petition proposing a statute or an amendment to a statute shall be filed with the Secretary of State not less than one hundred and twenty (120) days before any regular general election at which the question of approval or disapproval of such 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 peti tion appears to contain the required number of signatures the Secretary of State shall certify the total number of signatures appearing on the peti tion and the total for each Congressional District. If any citizen shall fur nish 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 persons, the Secretary of State shall provide the elec tion officials of each county with a certified copy of the petition or ap propriate portions thereof. Such county election officials shall examine the signatures appearing 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 petition. 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 insufficient number of signatures appear on the petition no further action shall be taken on such petition. If the required number of signatures ap pear 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 proposed statute or amendment to a statute is to be submitted. The Secretary of State, the Attorney General and the Governor shall examine 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 iden tify the measure to be voted upon. Such language shall be in the form of a question and shall not imply or suggest 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 [ ] NO become the law of the State of Georgia?'
All persons desiring to vote in favor of such proposed statute becom ing the law of the State shall vote 'Yes' and those persons desiring 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

TUESDAY, FEBRUARY 9, 1982

295

such proposed statute or amendment to a statute, it shall become law and take effect on the thirtieth (30th) day following the election. An iniatiative measure so approved by the voters shall not be amended, annull ed, 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 Pro cedures. The provisions of this Section are self-executing but the legislature may provide by law for procedures to facilitate the operation thereof.''
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article 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 amend ments to statutes, and amendments to the Constitution; 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.

Senator Robinson of the 27th moved that SR 243 by postponed until the Thir tieth Legislative Day.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 243 was postponed until the Thirtieth Legislative Day.

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

HB 732. By Representative Jones of the 126th:
A bill to amend the "Georgia Post AMortem Examination Act", so as to change the maximum and minimum ccompensation of coroners' jurors.
Senate Sponsor: Senator Coverdell of the 40th.

296

JOURNAL OF THE SENATE

Senator Howard of the 42nd moved that HB 732 be postponed until February 10.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 732 was postponed until February 10.

HB 870. By Representative Richardson of the 52nd:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, so as to change the date on which the provi sions of the Act become effective.
Senate Sponsor: Senator Thompson of the 32nd.

Senator Thompson of the 32nd moved that HB 870 be postponed until February 10.

On the motion, the yeas were 35, nays 1; the motion prevailed, and HB 870 was postponed until February 10.

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

HB 1235. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A bill to amend an Act providing appropriations for the fiscal year 1981-82, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1981-82.
Referred to Committee on Appropriations.

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

WEDNESDAY, FEBRUARY 10, 1982

297

Senate Chamber, Atlanta, Georgia Wednesday, February 10, 1982 Fifteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

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

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

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

Mr. President:

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

HR 602. By Representatives Felton of the 22nd, Byrd of the 138th, Williams of the 48th and others:
A resolution urging local boards of education to authorize periods of voluntary participation by students in daily meditation and in offering the pledge of allegiance to the flag.

HR 562. By Representatives Ware of the 68th, Murphy of the 18th, Lambert of the 112th and others:
A resolution relative to the cost of the State Health Benefit Plan.

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

HB 1365. By Representatives Murphy of the 18th, Lambert of the 112th and Argo of the 63rd:
A bill to repeal an Act providing an appropriation to the Georgia Depart ment of Administrative Services for the Fiscal Year 1982, approved September 8, 1981; to provide for the disposition of state funds withdrawn from the state treasury.

298

JOURNAL OF THE SENATE

HB 1296. By Representatives Adams of the 14th and Childers of the 15th:
A bill to amend an Act approved March 13, 1957, prescribing the terms of superior court to be held in the Rome Judicial Circuit, so as to provide for the drawing of a grand jury.

HB 1358. By Representative Lawson of the 9th:
A bill to amend an Act revising the laws relating to subpoenas and like processes, so as to change the amount paid to peace officers for court at tendance; to amend the Official Code of Georgia Annotated accordingly.

HB 1160. By Representatives Isakson of the 20th and Adams of the 36th:
A bill to amend Code Section 84-2104, relating to the Board of Registra tion for Professional Engineers and Land Surveyors, so as to continue the board and the laws relating thereto but to provide for the later termina tion of the board and the laws relating thereto.

HB 307. By Representatives Richardson of the 52nd, Steinberg of the 46th, Galer of the 97th and Couch of the 43rd:
A bill to amend Code Chapter 79-4, relating to domicile, so as to provide for the domicile of married persons.

HB 686. By Representative Wood of the 9th:
A bill to amend Code Section 88-1805, relating to functions and powers of hospital authorities, so as to authorize such authorities to receive or provide certain management, consulting, and operating services.

HB 1251. By Representative Savage of the 25th:
A bill to amend Code Section 84-702, relating to dentistry, so as to con tinue the Georgia Board of Dentistry and the laws relating thereto but to provide for the later termination of that board; to amend the Official Code of Georgia Annotated accordingly.

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

SB 639. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia An notated, relating to elections for the recall of public officials, so as to pro vide for additional legislative findings; to change the percentage of elec tors who must sign a recall petition; to change the provisions relating to the number of official sponsors necessary to file an application for a recall petition; to provide an effective date.
Referred to Committee on Governmental Operations.

WEDNESDAY, FEBRUARY 10, 1982

299

SB 640. By Senator Ballard of the 45th:
A bill to amend Code Section 114-607a, relating to the termination and withdrawal of members participating in group self-insurance funds for workers' compensation purposes, so as to clarify the provisions relating to involuntary termination of a member; to amend the Official Code of Georgia Annotated accordingly; to make a certain editorial revision in the Official Code of Georgia Annotated; to provide effective dates.
Referred to Committee on Industry, Labor and Tourism.

SB 641. By Senators Garner of the 30th, Hill of the 29th, Engram of the 34th and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to change the provisions relative to the age for beginning school; to amend the Official Code of Georgia An notated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.
Referred to Committee on Education.

SB 642. By Senators Cobb of the 28th, Deal of the 49th, Bowen of the 13th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures with respect to controlled substances, so as to provide that money and currency which is forfeited or which is realized from the sale or disposition of forfeited property and paid into the county treasury shall only be expended by the county for law en forcement purposes; to provide an effective date.
Referred to Committee on Public Safety.

SB 643. By Senators Cobb of the 28th, Thompson of the 32nd and Hill of the 29th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia An notated, relating to used motor vehicles parts dealers, dismantlers, rebuilders, and salvage dealers, so as to change the provisions relative to liability insurance requirements which must be shown in applications for licenses to operate as a dealer under said chapter; to provide an effec tive date.
Referred to Committee on Public Safety.

SB 644. By Senators Wessels of the 2nd and Coleman of the 1 st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia An notated, relating to bonds and recognizances, so as to change the provi sions relating to proceedings for forfeiture of bonds or recognizances; to provide that judgement of forfeiture shall not be entered in cases where the defendant has not been brought to trial for a period of three years; to provide an effective date.
Referred to Committee on Special Judiciary.

300

JOURNAL OF THE SENATE

SB 645. By Senator Wessels of the 2nd:
A bill to amend Part 2 of Article 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to limit increases in assessment of homestead property; to change the method of valuation of homestead property; to provide for related mat ters; to provide an effective date.
Referred to Committee on Banking, Finance and Insurance.

SR 270. By Senators Brannon of the 51st, Garner of the 30th, Eldridge of the 7th and others:
A resolution designating the "Georgia Coroners Manual" as the official operating manual for coroners in the State of Georgia. Referred to Committee on Governmental Operations.

SR 271. By Senators Starr of the 44th and Foster of the 50th:
A resolution creating the School Finance Study Commission. Referred to Committee on Education.

SR 273. By Senator Land of the 16th:
A resolution to amend Resolution Act No. 1 (House Resolution No. 4, adopted at the 1981 extraordinary session of the General Assembly), which proposes a new Constitution for the State of Georgia so as to pro vide that, if more than one year of an unexpired term of a Justice of the Supreme Court, a Judge of the Court of Appeals, a superior court judge, or a state court judge remains at the time a vacancy occurs, then such vacancy shall be filled by a special election.
Referred to Committee on Judiciary.

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

HB 307. By Representatives Richardson of the 52nd, Steinberg of the 46th, Galer of the 97th and Couch of the 43rd:
A bill to amend Code Chapter 79-4, relating to domicile, so as to provide for the domicile of married persons. Referred to Committee on Judiciary.

HB 686. By Representative Wood of the 9th:
A bill to amend Code Section 88-1805, relating to functions and powers of hospital authorities, so as to authorize such authorities to receive or provide certain management, consulting and operating services.
Referred to Committee on Human Resources.

WEDNESDAY, FEBRUARY 10, 1982

301

HB 1160. By Representatives Isakson of the 20th and Adams of the 36th:
A bill to amend Code Section 84-2104, relating to the Board of Registra tion for Professional Engineers and Land Surveyors, so as to continue the board and the laws relating thereto but to provide for the later termina tion of the board and the laws relating thereto.
Referred to Committee on Industry, Labor and Tourism.

HB 1251. 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 continue the Georgia Board of Den tistry and the laws relating thereto but to provide for the later termina tion of that board; to amend the Official Code of Georgia Annotated ac cordingly.
Referred to Committee on Human Resources.

HB 1296. By Representatives Adams of the 14th and Childers of the 15th:
A bill to amend an Act approved March 13, 1957, prescribing the terms of superior court to be held in the Rome Judicial Circuit, so as to provide for the drawing of a grand jury. Referred to Committee on Judiciary.

HB 1358. By Representative Lawson of the 9th:
A bill to amend an Act revising the laws relating to subpoenas and like processes, so as to change the amount paid to peace officers for court at tendance; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Special Judiciary.

HB 1365. By Representatives Murphy of the 18th, Lambert of the 112th and Argo of the 63rd:
A bill to repeal an Act providing an appropriation to the Georgia Depart ment of Administrative Services for the Fiscal Year 1982, approved September 8, 1981; to provide for the disposition of state funds withdrawn from the state treasury.
Referred to Committee on Appropriations.

HR 562. By Representatives Ware of the 68th, Murphy of the 18th, Lambert of the 112th and others:
A resolution relative to the cost of the State Health Benefit Plan. Referred to Committee on Banking, Finance and Insurance.

302

JOURNAL OF THE SENATE

HR 602. By Representatives Felton of the 22nd, Byrd of the 138th, Williams of the 48th and others:
A resolution urging local boards of education to authorize periods of voluntary participation by students in daily meditation and in offering the pledge of allegiance to the flag.
Referred to Committee on Education.

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

Mr. President:

The 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 364. Do pass by substitute. SB 464. Do pass by substitute. SB 543. Do pass by substitute.
Respectfully submitted,
Senator Lester of the 23rd District, Chairman

Mr. President:

The 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 550. Do pass by substitute.
Respectfully submitted,
Senator Lester of the 23rd District, Chairman

Mr. President:

The 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 546. Do pass by substitute.
SB 547. Do pass by substitute.
SB 576. Do pass.

WEDNESDAY, FEBRUARY 10, 1982

303

SB 610. Do pass. SB 611. Do pass. SB 628. Do pass. SB 629. Do pass. SB 630. Do pass. SB 633. Do pass. SB 634. Do pass. SB 635. Do pass. SB 636. Do pass. SB 637. Do pass. SR 266. Do pass. SR 267. Do pass. HB 1015. Do pass. HB 1097. Do pass by substitute. HB 1147. Do pass. HB 1181. Dopass. HB 1271. Dopass. HB 1272. Dopasy. HB 1273. Dopass. HB 1304. Dopass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

The following communication from Senator Ballard of the 45th was read by the Secretary:
The State Senate Atlanta, Georgia 30334
February 9, 1982
Due to the fact that I am unable to be in the Capitol on the afternoon of February 9, 1982, to attend the meeting of the Senate Industry, Labor and Tourism Committee, I hereby direct Senator Jack Stephens of the 36th District, Vice Chairman of the Committee, to act as Chairman and consider any bills pending before the Committee at this time.
1st W. D. Ballard, Chairman Senate Industry, Labor and Tourism Committee

304

JOURNAL OF THE SENATE

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

Mr. President:

The 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 148. Do pass by substitute. HB 1301. Do pass.
Respectfully submitted,
Senator Stephens of the 36th District, Vice Chairman

Mr. President:

The Committee on Public Safety 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 1157. Do pass as amended.
Respectfully submitted,
Senator Timmons of the 11th District, Chairman

Mr. President:

The 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 551. Do pass. Respectfully submitted,
Senator Tate of the 38th District, Chairman
The following bills of the Senate were read the second time:

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.

WEDNESDAY, FEBRUARY 10, 1982

305

SB 461. By Senator Barker of the 18th:
A bill to amend Code Chapter 27-30, providing for restitution by criminal offenders to their victims, as amended, so as to provide bonding re quirements in certain cases where restitution is ordered; to provide for liens, cancellation, and forfeiture of such bonds.

SB 523. By Senator Barnes of the 33rd:
A bill to amend an Act relating to interest rates upon certain bonds and other obligations issued by local governments, authorities, and public corporations so as to eliminate the interest rate ceiling on county and municipal bonds issued pursuant to the "Revenue Bond Law"; to ratify the provisions of said Act; to amend the Official Code of Georgia An notated accordingly; to provide for severability; to provide effective dates.

SB 528. By Senator Kidd of the 25th:
A bill to amend an Act providing minimum salaries for sheriffs to be paid from county funds, as amended, so as to provide adequate compensation for the sheriffs of the state; to change the minimum salaries provided by this Act.

SB 552. By Senators Littlefield of the 6th and Hill of the 29th:
A bill to amend Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as amended, so as to change the population classifications; to change the minimum salaries of such of ficers; to provide for additional compensation to such officers for collect ing municipal taxes; to provide for other matters relative to the forego ing; to amend the Official Code of Georgia Annotated accordingly.

SB 560. 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 relative to eligibility and creditable service by providing a time by which applications must be made; to provide for late charges for delinquent contributions; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date.

SB 567. By Senator Kidd of the 25th:
A bill to create the Executive Probate Judges Council of Georgia; to pro vide for the membership of the council, their qualifications, appoint ment, election, compensation, expenses, terms of office, succession, duties, powers, authority, and responsibilities; to provide for a method of filling vacancies; to amend the Official Code of Georgia Annotated ac cordingly.

306

JOURNAL OF THE SENATE

SB 582. By Senator Howard of the 42nd:
A bill to amend Code Section 24-1804, relating to duties of the clerk or judge of the probate court acting as such, as amended, so as to provide for the combining of certain records of the probate court; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

SB 591. By Senators Lester of the 23rd, Turner of the 8th and Holloway of the 12th:
A bill to amend Code Section 22-608, relating to voting of shares, as amended, so as to provide for the voting of shares of a corporation held by a subsidiary of such corporation in a fiduciary capacity; to amend the Official Code of Georgia Annotated accordingly.

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

HB 943. By Representative Phillips of the 125th:
A bill to amend an Act creating a new charter for the Town of Thunder bolt, so as to change the corporate limits of the town; to provide for a referendum.

The report 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 1184. By Representative Parham of the 109th:
A bill to repeal an Act entitled "An Act creating and establishing a Small Claims Court in each county having a population of not less than 7,500 and not more than 7,900 according to the Official United States decennial census of 1960 or any future such census."

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

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

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

WEDNESDAY, FEBRUARY 10, 1982

307

HB 1222. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to further define, prescribe and enlarge the powers and duties of the Central Valdosta Development Authority and to further regulate the management and conduct of the Authority.

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

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

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

HB 1246. By Representative Cox of the 141st:
A bill to amend Code Chapter 24-17, relating to powers, election, qualification, and fees of judges of the probate courts, so as to provide that in all counties of this state having a population of not less than 25,400 nor more than 25,900, the fees of the judges of the probate courts shall be of a different and certain sum; to amend the Official Code of Georgia Annotated accordingly.

The report 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 Bell Bond Bowen Brannon Brantley
Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English
Engram

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

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

308

JOURNAL OF THE SENATE

Those not answering were Senators:

Ballard Barnes Broun of 46th Dean

Fincher of 54th Greene Hudgins

Summers Tate Timmons

Senator Hudson of the 35th introduced the chaplain of the day, Reverend Claude Smithmier, pastor of the First United Methodist Church, College Park, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 272. By Senators Holloway of the 12th, Hudson of the 35th and Gillis of the 20th:
A resolution commending Ovid Davis.

SENATE CALENDAR
Wednesday, February 10, 1982
FIFTEENTH LEGISLATIVE DAY
SB 344. Personnel Board and Merit System--change provisions on adverse actions (SUBSTITUTE) (Gov Op-25th)
SB 467. Special Investigative Grand Jury--provide with state-wide jurisdic tion (Judy--5th)
SB 480. Financial Institutions--reporting certain currency transactions more than $10,000.00 (SUBSTITUTE) (BF&I--28th)
SB 497. Applied Psychology--change definition regarding practice (Hum R-42nd)
SB 498. Board of Examiners of Licensed Practical Nurses--continue but later terminate (Hum R--42nd)
SB 499. Board of Nursing--continue but later terminate (Hum R--42nd)
SB 502. Board of Barbers--continue but later terminate (Hum R--42nd)
SB 517. Pharmacists, Pharmacy and Drugs--redefine "practitioner" (Hum R--25th)
SB 538. Review of Certain Sentences--not apply to misdemeanor cases (Judy--49th)
SB 540. Board of Occupational Therapy--continue but later terminate (Hum R--25th)
SB 572. Disposition of Property Seized--change provisions relating to (SUBSTITUTE) (Judy--16th)

WEDNESDAY, FEBRUARY 10, 1982

309

SB 578. Certain Petitions for Writs of Habeas Corpus--transfer to superior court of county of original conviction (Judy--49th)
SB 579. First Offenders--defendant placed in confinement as benefit (AMENDMENT) (Judy-49th)
SB 580. Pretrial Proceedings--suppress oral testimony from scientific report (AMENDMENT) (Judy-49th)
SB 583. Board of Examiners in Optometry--continue but later terminate (Hum R-42nd)
SB 594. Unpaid Tax--notification of tax sale to certain lienholders, security interest holders (Judy--26th)
SB 595. Removal of Abandoned Motor Vehicles--interest holder be notified (Judy-26th)
SB 597. Gambling--notice of condemnation proceedings to certain security interest holders (Judy--26th)
SB 598. Forfeiture of Items Used with Marijuana, Controlled Substancesforfeiture proceedings (Judy--26th)
SR 226. Services for the Aged Study Committee--create (Hum R-- 17th)
SR 228. Special Study Commission on Mental Health--create (Hum R-- 42nd)
SR 238. DUI Pamphlets--provide to applicants for driver's licenses (Pub Saf- 32nd)
HB 823. Elected Officials--ineligible to serve on grand juries while holding office (Judy--33rd)
HB 1087. Cobb Judicial Circuit-additional judge (SUBSTITUTE) (Judy-33rd)
HB 1172. Gwinnett Judicial Circuit Superior Courts--increase judges (Judy-48th)
HB 1179. Persons Alleged Incompetent--guardian ad litem and attorney (Judy- 33rd)
HB 1229. Richmond County Superior Court Chief Judge--may appoint jury clerk (Judy-23rd)
HR 514. Select Committee on Constitutional Revision--extend existence (Judy- 33rd)
SR 52. Death Penalty-relative to (SUBSTITUTE) (Off R-23rd)
HB 732. Coroners' Jurors--compensation (SUBSTITUTE) (Hum R--40th)
HB 870. Act Providing Comprehensive Treatment of Alcoholism--change effective date (SUBSTITUTE) (Hum R-32nd)

The following general bill of the Senate, having been read the third time on March 5, 1981, and committed to the Committee on Governmental Operations, and favorably reported by the committee, was put upon its passage:

310

JOURNAL OF THE SENATE

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.

The Senate Committee on Governmental Operations offered the following substitute to SB 344:

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. L. 1975, p. 79), as amended, so as to change the provisions relating to adverse actions; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. L. 1975, p. 79), as amended, is hereby amended by striking Section 7 in its entirety and inserting in lieu thereof a new Sec tion 7 to read as follows:
"Section 7. Adverse actions, appeals and hearings, (a) Permanent status employees may be dismissed from employment or otherwise adversely affected as to compensation or employment status only if such action is taken in accordance with the rules and regulations of the State Personnel Board.
(b) This law is not intended to create a property interest in the job, but rather to create only a procedure under which permanent status employees can be dismissed or otherwise adversely affected. The pro cedure adopted for dismissing a permanent status employee from employment or otherwise adversely affecting his compensation or employment status shall include, as a minimum, that the appointing authority must provide the permanent status employee with reasons for the action, an opportunity to file an appeal and request a hearing which may be held before either the Board or one of its hearing of ficers; provided, however, the hearing may be held subsequent to the effective date of the dismissal or other purported adverse action; pro vided, further, the right to appeal shall not apply when persons are separated or otherwise adversely affected as to compensation due to curtailment of funds or reduction in staff when such action is in ac cordance with the rules and regulations of the State Personnel Board.

WEDNESDAY, FEBRUARY 10, 1982

311

(c) No adverse action appealed to the State Personnel Board under the provisions of the rules and regulations of the Board, the provisions of this Act, or otherwise, shall be considered invalid for failure to follow or comply with the rules and regulations of the Board, this Act, or any other requirement unless it is shown that the individual against whom the action has been taken has been substantially harmed by the procedural failure.
jd) The decision of the Board on an appeal as to whether a dismissal or other adverse action was in accordance with the rules and regulations prescribed by the State Personnel Board shall be bind ing upon the appointing authority. The Board may modify the action of the appointing authority but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with such order as may be issued as a result of the appeal to the State Personnel Board. The decision of the Board shall not limit the rights of the employee or the department to judicial review as to errors of law and such decision shall be stayed pending other further appeal.
(e) As provided in Section 4(b), the State Personnel Board is authorized to employ a hearing officer or hearing officers for the pur pose of holding hearings and otherwise assisting in the resolution of appeals."
Part 2
Section 2. Chapter 20 of Title 45 of the Official Code of Georgia An notated, relating to personnel administration, is amended by striking Code Section 45-20-8 in its entirety and inserting in lieu thereof a new Code Section 45-20-8 to read as follows:
"45-20-8. (a) Permanent status employees may be dismissed from employment or otherwise adversely affected as to compensation or employment status only if such action is taken in accordance with the rules and regulations of the State Personnel Board.
(b) This law is not intended to create a property interest in the job, but rather to create only a procedure under which permanent status employees can be dismissed or otherwise adversely affected. The pro cedure adopted for dismissing a permanent status employee from employment or otherwise adversely affecting his compensation or employment status shall include, as a minimum, that the appointing authority must provide the permanent status employee with reasons for the action, an opportunity to file an appeal and request a hearing which may be held before either the board or one of its hearing of ficers; provided, however, that the hearing may be held subsequent to the effective date of the dismissal or other purported adverse action; provided, further, that the right to appeal shall not apply when per sons are dismissed or otherwise adversely affected as to compensa tion due to curtailment of funds or reduction in staff when such action is in accordance with the rules and regulations of the State Personnel Board.

312

JOURNAL OF THE SENATE

(c) No adverse action appealed to the State Personnel Board under the rules and regulations of the board, this article, or otherwise shall be considered invalid for failure to follow or comply with the rules and regulations of the board, this article, or any other requirement unless it is shown that the individual against whom the action has been taken has been substantially harmed by the procedural failure.
(d) The decision of the board on an appeal as to whether a dismissal or other adverse action was in accordance with the rules and regulations prescribed by the State Personnel Board shall be bind ing upon the appointing authority. The board may modify the action of the appointing authority but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with such order as may be issued as a result of the appeal to the State Personnel Board. The decision of the board shall not limit the rights of the employee or the department to judicial review as to errors of law and such decision shall be stayed pending other further appeal.
(e) As provided in subsection (b) of Code Section 45-20-3, the State Personnel Board is authorized to employ a hearing officer or hearing officers for the purpose of holding hearings and otherwise assisting in the resolution of appeals.''
Part 3
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are 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

Bond Brannon Brantley Broun of 46th Brown of 47th

Bryant Cobb Coleman Coverdell Deal

WEDNESDAY, FEBRUARY 10, 1982

313

Eldridge English Engram Evans Fincher of 52nd Foster Garner Gillis Greene Holloway
Howard

Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott

Those not voting were Senators:

Bowen Dean Fincher of 54th Hill

Horton Hudgins Hudson

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

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

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

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

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

SB 467. By Senators Bell of the 5th and Engram of the 34th:
A bill to amend Code Title 59, relating to juries, as amended, so as to pro vide for a Special Investigative Grand Jury with state-wide jurisdiction; to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide for the same changes described above.

Senators Cobb of the 28th and Howard of the 42nd offered the following amendment:

Amend SB 467 by adding on Page 1, line 21, after the word "deems"
the following:
"it necessary in order to combat drug trafficking, official corrup tion or organized crime and deems".

314

JOURNAL OF THE SENATE

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 Bell Brannon Brantley Cobb Coleman Coverdell Eldridge Engram Evans

Fincher of 52nd Foster Garner Greene Hill Howard Hudgins Hudson Land Lester Littlefield

Those voting in the negative were Senators:

Barker Barnes Bond Bowen Brown of 47th Bryant

Deal English Horton Kennedy Kidd

Those not voting were Senators:

Broun of 46th Dean Fincher of 54th

Gillis Holloway (presiding)

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

On the passage of the bill, the yeas were 33, nays 16.

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

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 467.

The following resolution of the Senate was read and adopted:

WEDNESDAY, FEBRUARY 10, 1982

315

SR 269. By Senator Kidd of the 25th: A resolution commending and congratulating Ms. Sandra Worsham.

Senator Kidd of the 25th introduced Ms. Sandra Worsham to the Senate.

Senator Reynolds of the 48th introduced a doctor of the day, Dr. Cecil Miller, of Buford, Georgia,
and
Senator English of the 21st introduced a doctor of the day, Dr. Herbert Frost, of Swainsboro, Georgia.

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

Mr. President:

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

HB 1167. By Representatives Darden of the 19th and Snow of the 1st:
A bill to amend Code Section 27-2503, relating to presentence hearings in felony cases, so as to provide for mistrials in the sentencing phase of death penalty cases; to provide for all related matters; to amend the Of ficial Code of Georgia Annotated accordingly.

The following general bill of the Senate, having been read the third time and committed to the Committee on Banking, Finance and Insurance on January 21, and favorably reported by the committee, was put upon its passage:

SB 480. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th, Brannon of the 51 st, Thompson of the 32nd and Dean of the 31 st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia An notated, relating to financial institutions, so as to require the reporting of certain currency transactions in excess of $10,000.00 made with finan cial institutions; to provide for purposes; to define certain terms; to pro vide for records and reports; to provide an effective date.

316

JOURNAL OF THE SENATE

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 480:

A BILL
To be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to re quire the reporting of certain currency transactions in excess of $10,000.00 made with financial institutions; to provide for purpose; to define certain terms; to provide for records and reports; to provide for administration by the Department of Banking and Finance of the State of Georgia and the commissioner of banking and finance; to provide for rules and regulations; to provide for civil penalties; to provide for criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 7 of the Official Code of Georgia An notated, relating to financial institutions, is amended by adding at the end thereof, immediately following Article 10, a new Article 11 to read as follows:
"ARTICLE 11
7-1-910. It is the purpose of this article to require certain reports and records of transactions involving United States currency where such reports and records have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings.
7-1-911. As used in this article, the term:
(1) 'Commissioner' means the commissioner of banking and finance.
(2) 'Currency' means currency and coin of the United States.
(3) 'Department' means the Department of Banking and Finance of the State of Georgia.
(4) 'Financial institution' means:
(A) A state or national bank;
(B) A trust company;
(C) A building and loan association, state savings and loan associa tion, or a federal savings and loan association;
(D) A state or federal credit union; or
(E) An international bank agency doing business in this state on April 1, 1975, pursuant to the former 'International Bank Agency Act,' approved April 6, 1972 (Ga. L. 1972, p. 1140), or authorized to do business in this state pursuant to Article 5 of this chapter.

WEDNESDAY, FEBRUARY 10, 1982

317

(5) 'Person' means natural persons, partnerships, trusts, estates, associations, corporations, and all entities cognizable as legal per sonalities.
7-1-912. (a) Every financial institution shall keep a record of cur rency transactions in excess of $10,000.00 and shall file with the department within 15 days of the date of the transaction pursuant to regulations prescribed by the commissioner a complete report of such currency transactions in excess of $10,000.00, provided the depart ment shall be notified by telephone or by wire before the close of business on the next succeeding business day whenever such curren cy transaction shall be in an amount exceeding $25,000.00.
(b) The commissioner shall prescribe such regulations as he may deem appropriate to carry out the purposes of this article and to pro vide for exemption of such transactions as the commissioner deter mines are clearly of a legitimate nature for which mandatory report ing would serve no useful purpose.
7-1-913. The Georgia Bureau of Investigation and the Department of Revenue shall have access to and shall be authorized to inspect and copy any reports filed with the department pursuant to this article.
7-1-914. (a) For each willful violation of this article, the commis sioner may assess upon any financial institution and upon any direc tor, officer, or employee thereof who willfully participates in the violation a civil penalty not exceeding $ 1,000.00.
(b) In the event of the failure of any person to pay any penalty assessed under this Code section, a civil action for recovery thereof may, in the discretion of the commissioner, be brought in the name of the State of Georgia.
7-1-915. (a) Except as provided in subsection (b), whoever willful ly violates any provision of this article shall be guilty of a misde meanor.
(b| Whoever willfully violates any provision of this article where the violation is:
(1| Committed in furtherance of the commission of any other violation of Georgia law;
or
(2) Committed as part of a pattern of illegal activity involving transactions exceeding $100,000.00 in any 12 month period shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $500,000.00 or by imprisonment for not more than five years, or both."
Section 2. This Act shall become effective November 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

318

JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

Bond Brown of 47th Dean

Holloway (presiding) Hudgins Hudson

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

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

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

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

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.

WEDNESDAY, FEBRUARY 10, 1982

319

Senator Lester of the 23rd moved that a Second Conference Committee be ap pointed on SB 227.

On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Holloway of the 12th, President Pro Tempore, who was presiding, appointed as a Second Conference Committee the following members:

Senators Lester of the 23rd, Thompson of the 32nd and Barnes of the 33rd.

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

SB 497. By Senators Howard of the 42nd and Lester of the 23rd:
A bill to amend an Act making provision for the licensure of applied psychologists, as amended, so as to change the definition regarding the practice of applied psychology; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic 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:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell 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 Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Walker Wessels

Those voting in the negative were Senators:

Ballard

Brown of 47th

Deal

320

JOURNAL OF THE SENATE

Those not voting were Senators:

Bell Dean
Holloway (presiding)

Hudson Starr

Timmons Tysinger

On the passage of the bill, the yeas were 46, nays 3.

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

The President resumed the Chair.

SB 498. By Senators Howard of the 42nd, Trulock of the 10th and Kidd of the 25th:
A bill to amend an Act providing for the licensure of practical nurses, as amended, so as to provide for the continuation of the Georgia Board of Examiners of Licensed Practical Nurses and the laws relating thereto but to provide for the later termination of that board and those laws; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic 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:

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 Eldridge

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

Littlefield McGill McKenzie Reynolds Robinson Scott Stumbaugh
Sutton Tare Thompson Timmons Trulock Turner Walker Wessels

WEDNESDAY, FEBRUARY 10, 1982

321

Those not voting were Senators:

Ballard Bowen
Dean Fincher of 52nd

Greene Hudson
Land Starr

Stephens Summers Tysinger

On the passage of the bill, the yeas were 45, nays 0.

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

SB 499. By Senators Howard of the 42nd and Trulock of the 10th:
A bill to amend Code Section 84-1002, relating to the Board of Nursing, as amended, so as to continue the Georgia Board of Nursing and the Laws relating thereto but to provide for the later termination of the board and such laws; to amend the Official Code of Georgia Annotated accord ingly; to provide for effective dates and automatic 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:

Those voting in the affirmative were Senators:

Allgood Barnes Bell 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 Horton Hudgins Hudson Kennedy Kidd Land Lester

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

Those not voting were Senators:

Ballard Barker Bond Dean

Evans Holloway Howard McGill

Stephens Tate Tysinger

322

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 45, nays 0.

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

SB 502. By Senators Howard of the 42nd and Eldridge of the 7th:
A bill to amend the "Georgia Barber Act", as amended, so as to continue the Georgia State Board of Barbers and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated accordingly; to provide for effec tive dates and automatic 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:

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 Hudgins Hudson Kennedy Kidd Land

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Dean Howard

Stephens Trulock

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

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 10, 1982

323

SB 517. By Senator Kidd of the 25th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, so as to change the definition of the term "practi tioner"; to amend the Official Code of Georgia Annotated accordingly; to provide 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, 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 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 Reynolds Scott Starr Stumbaugh Summers Sutton Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Dean English

McKenzie Robinson Stephens

Tate Timmons

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 538. By Senator Deal of the 49th: A bill to amend Code Section 27-2511.1, relating to review of certain sentences, as amended, so as to provide for inapplicability to sentences imposed in misdemeanor cases; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

324

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond 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 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:

Dean Evans Hill

Hollo way Hudson

Stephens Timmons

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

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

SB 540. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Georgia State Occupational Therapy Licensing Act", as amended, so as to continue the Georgia State Board of Occupational Therapy and the laws relating thereto but to pro vide for the later termination of that board and those laws; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 10, 1982

325

On the passage of the bill, 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 Fincherof 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Those not voting were Senators:

Dean

Stephens

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

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was read the first time and referred to committee:
HB 1167. By Representatives Darden of the 19th and Snow of the 1st: A bill to amend Code Section 27-2503, relating to presentence hearings in felony cases, so as to provide for mistrials in the sentencing phase of death penalty cases; to provide for all related matters; to amend the Of ficial Code of Georgia Annotated accordingly.
Referred to Committee on Offender Rehabilitation.

326

JOURNAL 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 572. By Senators Land of the 16th, Barnes of the 33rd and Walker of the 19th:
A bill to amend Chapter 5 of Title 17 of the Official Code of Georgia An notated, relating to searches and seizures, so as to change the provisions relating to disposition of property seized; to change certain procedures; to provide an effective date.
The Senate Committee on Judiciary offered the following substitute to SB 572:
A BILL
To be entitled an Act to amend an Act relating to search and seizure procedures and suppression of illegally seized evidence, approved March 16, 1966 (Ga. L. 1966, p. 567), as amended, so as to change the provisions relating to disposition of property seized; to change certain procedures; to provide that the return of stolen property shall be without prejudice to the state or certain other persons; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act relating to search and seizure procedures and sup pression of illegally seized evidence, approved March 16, 1966 (Ga. L. 1966, p. 567), as amended, is amended by striking Section 10A and in serting in its place a new Section 10A to read as follows:
"Section 10A. (a) The clerk or person having charge of the proper ty section for any law enforcement agency in this state shall enter in a suitable book a description of every article of property alleged to be stolen, embezzled, or otherwise unlawfully obtained and brought into the office or taken from the person of a defendant and shall attach a number to each article and make a corresponding entry thereof.
(b) (1) Whenever a law enforcement agency recovers property alleged to be stolen, embezzled, or otherwise unlawfully obtained and there is no suspect or defendant or the suspect has not been arrested, such law enforcement agency shall be authorized to return the proper ty to the person who reported it stolen; provided, however, that, in the case of motor vehicles, trailers, tractors, or motorcycles which are required to be registered with the state revenue commissioner, any such stolen vehicle shall be returned to the person evidencing owner ship of such vehicle through a title, tag receipt, bill of sale, or other such evidence.
(2) In cases where a defendant has been arrested for stealing, embezzling, or otherwise unlawfully obtaining the property of another, any person claiming such property alleged to be stolen shall be required to sign, under penalty of false swearing, a declaration of ownership of such property. The defendant shall be notified of such claim in the following or similar language:

WEDNESDAY, FEBRUARY 10, 1982

327

'You are hereby notified that (name of claimant) has claimed the following described property: _______________________. If you dispute such claim, you are entitled to a judicial hearing. You may request such a hearing by signing this form in the proper place and returning it within 72 hours after receipt hereof.
I hereby request a hearing in dispute of such claim.

(signature)'
The notice shall be delivered to the defendant at his place of in carceration or, if he has been released on bail, such notice shall be delivered to the defendant by registered or certified mail. If the notice is sent to the defendant at his last known address and is returned marked 'unknown' or 'refused,' it shall be deemed to have been received.
(3) If the defendant asserts a claim to such property and requests a hearing, the court which examines the charge against the person ac cused of stealing, embezzling, or otherwise unlawfully obtaining the property or the court before which the trial is had for stealing, embezzling, or otherwise unlawfully obtaining the property shall con duct the hearing to determine the ownership of such property.
(4) Subsection (b) shall not apply to any contraband or property subject to forfeiture under any provision of law.
(5) Return of property pursuant to the provisions of this section shall be without prejudice to the state or to the person from whom custody of the property was taken or to any other person who may have a claim against the property.
(c) Photographs, video tapes, or other identification or analysis of the property involved, duly identified in writing by the law enforce ment officer originally taking custody of the property as accurately representing such property, shall be admissible at trial in lieu of the original property.
(d) In the case of unknown or unapprehended defendants or defendants willfully absent from the jurisdiction, the court shall have discretion to appoint a guardian ad litem to represent the interest of the unknown or absent defendants.
(e) Statements made by the defendant or a person representing the defendant at a hearing provided for in subsection (b) of this section shall not be admissible for use against the defendant at trial."
Part 2
Section 2. Chapter 5 of Title 17 of the Official Code of Georgia An notated, relating to searches and seizures, is amended by striking in its entirety Code Section 17-5-50, which reads as follows:

328

JOURNAL OF THE SENATE

"17-5-50. (a) Upon application by the state or civil claimants, the court may, upon written notice to a defendant and a hearing when so requested by the defendant, order returned to the rightful owners any stolen, embezzled, or other unlawfully obtained property not con stituting contraband. The notice to the defendant shall clearly specify that the defendant has the right to request a hearing as provided in this subsection. Photographs, video tapes, or other identification or analysis of the property involved, duly identified in writing by the law enforcement officer originally taking custody of the property as ac curately representing such property, shall be admissible at trial in lieu of the original property. In the case of unknown or unapprehended defendants or defendants willfully absent from the jurisdiction, the court shall have discretion to appoint a guardian ad litem to represent the interest of the unknown or absent defendants.
(b) Statements made by the defendant or a person representing the defendant at a hearing provided for in subsection (a) of this Code section shall not be admissible for use against the defendant at trial.",
and inserting in lieu thereof a new Code Section 17-5-50 to read as follows:
"17-5-50. (a) The clerk or person having charge of the property section for any law enforcement agency in this state shall enter in a suitable book a description of every article of property alleged to be stolen, embezzled, or otherwise unlawfully obtained and brought into the office or taken from the person of a defendant and shall attach a number to each article and make a corresponding entry thereof.
(b) (1) Whenever a law enforcement agency recovers property alleged to be stolen, embezzled, or otherwise unlawfully obtained and there is no suspect or defendant or the suspect has not been arrested, such law enforcement agency shall be authorized to return the proper ty to the person who reported it stolen; provided, however, that, in the case of motor vehicles, trailers, tractors, or motorcyles which are required to be registered with the state revenue commissioner, any such stolen vehicle shall be returned to the person evidencing owner ship of such vehicle through a title, tag receipt, bill of sale, or other such evidence.
(2) In cases where a defendant has been arrested for stealing, embezzling, or otherwise unlawfully obtaining the property of another, any person claiming such property alleged to be stolen shall be required to sign, under penalty of false swearing, a declaration of ownership of such property. The defendant shall be notified of such claim in the following or similar language:
You are hereby notified that (name of claimant) has claimed the following described property: _______________________ . If you dispute such claim, you are entitled to a judicial hearing. You may request such a hearing by signing this form in the proper place and returning it within 72 hours after receipt hereof.
I hereby request a hearing in dispute of such claim.
(signature)

WEDNESDAY, FEBRUARY 10, 1982

329

The notice shall be delivered to the defendant at his place of in carceration or, if he has been released on bail, such notice shall be delivered to the defendant by registered or certified mail. If the notice is sent to the defendant at his last known address and is returned marked 'unknown' or 'refused,' it shall be deemed to have been received.
(3) If the defendant asserts a claim to such property and requests a hearing, the court which examines the charge against the person ac cused of stealing, embezzling, or otherwise unlawfully obtaining the property or the court before which the trial is had for stealing, embezzling, or otherwise unlawfully obtaining the property shall con duct the hearing to determine the ownership of such property.
(4) Subsection (b) shall not apply to any contraband or property subject to forfeiture under any provision of law.
(5) Return of property pursuant to the provisions of this Code sec tion shall be without prejudice to the state or to the person from whom custody of the property was taken or to any other person who may have a claim against the property.
(c) Photographs, video tapes, or other identification or analysis of the property involved, duly identified in writing by the law enforce ment officer originally taking custody of the property as accurately representing such property, shall be admissible at trial in lieu of the original property.
(d) In the case of unknown or unapprehended defendants or defendants willfully absent from the jurisdiction, the court shall have discretion to appoint a guardian ad litem to represent the interest of the unknown or absent defendants.
(e) Statements made by the defendant or a person representing the defendant at a hearing provided for in subsection (b) of this Code sec tion shall not be admissible for use against the defendant at trial."
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

330

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Ballard 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 Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Dean

Timmons

Trulock

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

The bill, having received the requisite constitutional majority, was passed by substitute.
The President announced the Senate would stand in recess from 12:00 Noon until 1:30 o'clock P.M.
At 1:30 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:

WEDNESDAY, FEBRUARY 10, 1982

331

SB 578. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to writs of habeas corpus for persons under sentence by a state court of record, so as to provide that certain petitions for writs of habeas corpus may be transferred to the superior court of the county in which the original conviction was obtained; to provide for ser vice in transferred petitions; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes Broun of 46th Brown of 47th Bryant Coleman Deal Eldridge English Engram Foster Garner

Gillis Greene Hill Holloway Horton Hudgins Kennedy Land Littlefield McKenzie Reynolds Robinson

Those not voting were Senators:

Allgood Bell Bond Bowen Brannon Brantley Cobb

Coverdell Dean Evans Fincher of 52nd Fincher of 54th Howard

Scott Starr Stephens Stumbaugh Summers Sutton Thompson Trulock Turner Tysinger Walker Wessels
Hudson Kidd Lester McGill Tate Timmons

On the passage of the bill, the yeas were 37, nays 0. The bill, having received the requisite constitutional majority, was passed.

332

JOURNAL OF THE SENATE

SB 579. By Senator Deal of the 49th:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offenders, so as to authorize the judge to place a defendant in confinement as a condition to being afforded first offender benefits; to provide for pardons, paroles, and earned-time allowances for those so confined; to provide for discharge and exonera tion to those so confined; to provide an effective date.

The Senate Committee on Judiciary offered the following amendment:

Amend SB 579 by striking from Page 1, line 26, the following: "three-years' "
and inserting in lieu thereof the following: "two-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.

On the passage of 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 Eldridge
English

Engram Foster Garner Gillis Greene Hill Holloway
Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield
McKenzie

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

Voting in the negative were Senators Evans and Stumbaugh.

WEDNESDAY, FEBRUARY 10, 1982

333

Those not voting were Senators:

Bell
Bowen Dean

Fincher of 52nd Fincher of 54th

Howard McGill

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

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

Senator Broun of the 46th introduced a doctor of the day, Dr. Tom Kias, of Athens, Georgia.

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

SB 580. By Senator Deal of the 49th:
A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in pretrial proceedings, so as to exclude and suppress oral testimony derived from a written scientific report under certain circumstances; to provide an effective date.

The Senate Committee on Judiciary offered the following amendment:

Amend SB 580 by striking on Page 1, line 3, the word "supress" and inserting in lieu thereof the following:
"suppress".

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker

Barnes Bond Bowen

Brannon Brantley Broun of 46th

334

JOURNAL OF THE SENATE

Brown of 47th Cobb Coleman Coverdell Deal Eldridge English Engram Evans Fincher of 52nd Foster Garner Gillis Greene

Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McKenzie Reynolds Robinson

Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Bryant Dean

Fincher of 54th Holloway

McGill Timmons

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

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

SB 583. By Senators Howard of the 42nd and Holloway of the 12th:
A bill to amend Code Section 84-1102, relating to appointment of a Board of Examiners in Optometry, as amended, so as to continue the Board of Examiners in Optometry and the laws relating thereto but to provide for the later termination of that Board and those laws; to amend the Official Code of Georgia Annotated accordingly.

Senator Kidd of the 25th offered the following amendment:

Amend SB 583 by striking from Section 3 on line 8 of Page 3 the word "location" and by adding in said section on line 9 of Page 3, between the word "minimum" and the word "standards", the following:
"equipment".

On the adoption of the amendment, the yeas were 5, nays 32, and the amend ment was lost.

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

WEDNESDAY, FEBRUARY 10, 1982

335

On the passage of 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 Cobb Cole man 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

McGill 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:

Bell Bryant

Dean

Timmons

On the passage of the bill, the yeas were 51, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 594. By Senator Greene of the 26th: A bill to amend Code Section 48-2-55 of the Official Code of Georgia An notated, relating to attachment, garnishment, and levy for unpaid taxes, so as to require notifications of certain tax sales to certain lienholders and security interest holders; 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:

336

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond Bowen Brantley Broun of 46th Cobb Coleman Deal Eldridge English Engram Evans

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

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

Those voting in the negative were Senators:

Allgood Brown of 47th Fincher of 52nd

Hudgins McGill

Reynolds Stephens

Those not voting were Senators:

Ballard Brannon Bryant

Coverdell Dean Littlefield

Robinson Summers

On the passage of the bill, the yeas were 41, nays 7.

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

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

SB 595. By Senator Greene of the 26th:
A bill to amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles, as amended, so as to require that information be requested concerning all interest holders in certain vehicles and to re quire that all such interest holders receive notification regarding aban donment of such vehicles; to amend the Official Code of Georgia An notated accordingly; to provide for effective dates and automatic repeal.

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

WEDNESDAY, FEBRUARY 10, 1982

337

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 Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Eldridge English Engram

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

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

Those voting in the negative were Senators:

Allgood

Fincher of 52nd

Reynolds

Those not voting were Senators:

Ballard Bowen Bryant

Dean Evans Holloway (presiding)

Hudgins McKenzie

On the passage of the bill, the yeas were 45, nays 3.

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

SB 597. By Senator Greene of the 26th:
A bill to amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to provide notice of condemnation proceedings to certain security interest holders and lienholders under certain condi tions; to provide when certain persons shall not have claims upon seized vehicles, conveyances, or proceeds from the sale thereof; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

338

JOURNAL OF THE SENATE

Senators Greene of the 26th, Deal of the 49th and Barnes of the 33rd offered the following substitute to SB 597:

A BILL
To be entitled an Act to amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to provide for different methods and procedures for the seizure and forfeiture of certain property used in gambling; to change the time limits during which certain actions must be filed; to provide for a definition; to provide for notification of forfeiture proceedings to certain security interest holders and lienholders under certain conditions; to provide when certain persons shall not have claims upon seized property or proceeds from the sale thereof; to change certain conditions authorizing notice by publication; to provide for the disposition of forfeited property and use of certain sale proceeds; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code chapter 26-27, relating to gambling and related of fenses, as amended, is amended by striking Code Sections 26-2709 and 26-2710, which read as follows:
"26-2709. Seizure of Gambling Funds or Other Things of Value. Any funds or other things of value used for purposes of gambling and seized in any gambling place or found in or on any gambling device shall vest in the county and shall be paid into the county treasurer as county funds.
26-2710. Seizure of Vehicles Used in Transporting Gambling Devices and Equipment. All vehicles and conveyances of every kind used in transporting any gambling device or any subassembly or essential part thereof or in transporting any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery or in transporting any money or other thing of value hazarded on any lottery are hereby declared to be contraband and such use is hereby prohibited. Such vehicle or conveyance shall be seized by any peace officer, who within 10 days after the seizure of such vehicle or conveyance shall report the same to the district attorney of the superior court having jurisdiction in the county where the seizure was made. Within 10 days after he receives such notice, the district at torney shall institute condemnation proceedings in said court by peti tion, a copy of which shall be served upon the owner, lessee, or lienholder of such vehicle or conveyance, if known, and if the owner, lessee, or lienholder is unknown, notice of such proceeding shall be published once a week for two weeks in the newspaper in which sheriff's advertisements are published. If no defense shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. Should it appear that the

WEDNESDAY, FEBRUARY 10, 1982

339

owner, lessee or lienholder of such vehicle or conveyance knew, or by the exercise of ordinary care should have known, that the same was used in violation of this section, the same shall be sold by order of the court after such advertisement as the court shall direct. The proceeds arising from such sale shall be applied, first, to the payment of the ex penses in said case, including the expense incurred in the seizure and the costs of court in said proceedings and, second, the remaining fund shall go into the county treasury as county funds.'',
and inserting in their place a new Code Section 26-2710 to read as follows:
"26-2710. Seizure of Property Used in Gambling, (a) As used in this Code section, 'property' means any personal property of any type, tangible or intangible, including but not limited to vehicles, con veyances, aircraft, watercraft, funds, other things of value or choses in action or any interest in such property, but shall not include a gambling device subject to seizure and destruction under Code Sec tion 26-2708.
(b) All property used in, intended for use in, used to facilitate, or derived from or realized through a violation of this chapter, or which is located within any gambling place, or within any vehicle or other conveyance used to transport any gambling device, any subassembly, or essential part thereof, card, stub, ticket, check, funds, things of value, or other device designed to facilitate participation in any lot tery, is declared to be contraband and may be seized and forfeited as provided in this Code section.
(c) Any such property shall be seized by any peace officer who, within ten days after the seizure of such property, shall report the same to the district attorney of the superior court having jurisdiction in the county where the seizure was made.
(d) Within 30 days from the date he receives notice of such seizure, the district attorney of said judicial circuit shall cause to be filed in the superior court of the county in which the property was seized an action against the property so seized and any and all persons having an interest in or right affected by the seizure or sale of such property.
(e) A copy of the action shall be served upon the person or persons having custody or possession of such property at the time of seizure, and, if known, upon any owner, lessee, and any person having a duly recorded security interest in or lien upon such property at the time of seizure. If the owner or lessee is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of such pro ceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the property resulting therefrom but shall not constitute notice to any per son having a duly recorded security interest in or lien upon such prop-

340

JOURNAL OF THE SENATE

erty and required to be served under this subsection unless that per son is unknown or resides out of the state or departs the state or can not after due diligence be found within the state or conceals himself to avoid service.
(f) If no defense is filed within 30 days after the filing of the action, judgment by default shall be entered by the court at chambers, other wise the case shall proceed as other civil cases in said court.
(g) Should it appear that any person filing a defense in the action knew, or by the exercise of ordinary care should have known, that the property was used in violation of this section, the same shall be sold by order of the court after such advertisement as the court shall direct, and such person shall have no claim upon the property or the proceeds from the sale thereof.
(h) Except as otherwise provided in this section, property forfeited pursuant to this subsection shall be disposed of by order of the court as follows:
(1) Upon application of the seizing law enforcement agency or any other law enforcement agency of state, county, or municipal govern ment, the court may permit the agency to retain the property for of ficial use in law enforcement work;

(2) The court may sell that which is not required to be destroyed by law and which is not harmful to the public and the proceeds of such sale shall be used for payment of all proper expenses of the forfeiture and sale including, but not limited to, the expenses of seizure, maintenance of custody, advertising, and court costs.
The remainder of the proceeds of a sale of forfeited property, after payment of these expenses, shall be paid into the general fund of the county in which the seizure is made unless the property was seized by a municipal law enforcement agency, in which event the remainder of the proceeds shall be paid into the general fund of such municipality."
Part 2
Section 2. Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amend ed by striking Code Section 16-12-31, relating to seizure and disposition of funds and other things of value used in gambling, and Code Section 16-12-32, relating to seizure and disposition of vehicles used in transport ing gambling devices or parts, and inserting in their place a new Code Section 16-12-32 to read as follows:
"16-12-32. (a) As used in this Code section, 'property' means any personal property of any type, tangible or intangible, including but not limited to vehicles, conveyances, aircraft, watercraft, funds, other things of value or choses in action or any interest in such property, but shall not include a gambling device subject to seizure and destruction under Code Section 16-12-30.

WEDNESDAY, FEBRUARY 10, 1982

341

(b| All property used in, intended for use in, used to facilitate, or derived from or realized through a violation of this chapter, or which is located within any gambling place, or within any vehicle or other conveyance used to transport any gambling device, any subassembly or essential part thereof, card, stub, ticket, check, funds, things of value, or other device designed to facilitate participation in any lot tery, is declared to be contraband and may be seized and forfeited as provided in this Code section.
(c) Any such property shall be seized by any peace officer who, within ten days after the seizure of such property, shall report the same to the district attorney of the superior court having jurisdiction in the county where the seizure was made.
(d) Within 30 days from the date he receives notice of such seizure, the district attorney of said judicial circuit shall cause to be filed in the superior court of the county in which the property was seized an action against the property so seized and any and all persons having an interest in or right affected by the seizure or sale of such property.
(e) A copy of the action shall be served upon the person or persons having custody or possession of such property at the time of seizure, and, if known, upon any owner, lessee, and any person having a duly recorded security interest in or lien upon such property at the time of seizure. If the owner or lessee is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of such pro ceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the property resulting therefrom but shall not constitute notice to any per son having a duly recorded security interest in or lien upon such prop erty and required to be served under this subsection unless that per son is unknown or resides out of the state or departs the state or can not after due diligence be found within the state or conceals himself to avoid service.
(f) If no defense is filed within 30 days after the filing of the action, judgment by default shall be entered by the court at chambers, other wise the case shall proceed as other civil cases in said court.
(g| Should it appear that any person filing a defense in the action knew, or by the exercise of ordinary care should have known, that the property was used in violation of this Code section, the same shall be sold by order of the court after such advertisement as the court shall direct, and such person shall have no claim upon the property or the proceeds from the sale thereof.
(h) Except as otherwise provided in this Code section, property forfeited pursuant to this subsection shall be disposed of by order of the court as follows:

342

JOURNAL OF THE SENATE

(1) Upon application of the seizing law enforcement agency or any other law enforcement agency of state, county, or municipal govern ment, the court may permit the agency to retain the property for of ficial use in law enforcement work;
or
(2) The court may sell that which is not required to be destroyed by law and which is not harmful to the public, and the proceeds of such sale shall be used for payment of all proper expenses of the forfeiture and sale including, but not limited to, the expenses of seizure, maintenance of custody, advertising, and court costs.
The remainder of the proceeds of a sale of forfeited property, after payment of these expenses, shall be paid into the general fund of the county in which the seizure is made unless the property was seized by a municipal law enforcement agency, in which event the remainder of the proceeds shall be paid into the general fund of such municipality."
Part 3
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond
Bowen Brantley
Broun of 46th Coleman Coverdell

Deal Eldridge Engram Evans
Fincher of 52nd Foster
Garner Greene Horton

Howard Hudson Kennedy Kidd
Land Lester
Littlefield McGill McKenzie

WEDNESDAY, FEBRUARY 10, 1982

343

Robinson Scott Starr Stephens Stumbaugh

Summers Sutton Tate Timmons Trulock

Those voting in the negative were Senators:

Allgood Brown of 47th

English Gillis

Those not voting were Senators:

Ballard Brannon Bryant Cobb

Dean Fincher of 54th Hill

Turner Tysinger Walker Wessels
Reynolds
Holloway (presiding] Hudgins Thompson

On the passage of the bill, the yeas were 41, nays 5.

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

SB 598. By Senator Greene of the 26th:
A bill to amend Code Section 79A-828, relating to forfeitures of certain items used with regard to controlled substances and marijuana, as amended, so as to provide for notice of certain forfeiture proceedings to lienholders and security interest holders; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

Senators Greene of the 26th, Deal of the 49th and Barnes of the 33rd offered the following substitute to SB 598:

A BILL
To be entitled an Act to amend Code Section 79A-828, relating to forfeitures of certain items used with regard to controlled substances and marijuana, as amended, so as to provide for notice of certain forfeiture proceedings to lienholders and security interest holders; to change cer tain conditions authorizing notification by publication; to provide for disposition of certain property upon claimant's knowledge of the use thereof and to prohibit certain claims upon that merchandise and pro ceeds from the sale thereof; to change certain terminology relating to property and actions; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

344

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 79A-828, relating to forfeitures of certain items used with regard to controlled substances and marijuana, as amended, is amended by striking subsection (e) thereof and inserting in its place a new subsection (e) to read as follows:
"(e) When an article, equipment, controlled substance, con veyance or other property is seized under this Chapter the sheriff, drug agent or law enforcement officer seizing the same shall report the fact of seizure, within ten (10) days thereof, to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. Within thirty (30) days from the date he receives notice of such seizure, such district attorney of said judicial circuit or the director on his behalf shall cause to be filed in the Superior Court of the county in which the property is seized or detained an action for condemnation of such property as herein provided. The proceedings shall be brought in the name of the State by the district attorney of the circuit in which the property was seized, and the action shall be verified by a duly authorized agent of the State in a manner required by the law of this State. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, to the duly authorized agent of the State, allege the essential elements of the violation which is claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, commanding him to seize the property described in the action and to hold that property for further order of the court. A copy of said action shall be served on the owner or lessee, if known. If the owner is known, a copy of the action shall also be served upon any person hav ing a duly recorded security interest in or lien upon that merchandise. If the owner or lessee is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of such proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person hav ing a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service. At the expiration of thirty (30) days after such filing, if no clai mant has appeared to defend said action, the court shall order the disposition of said seized property as provided herein. If the court determines that a claimant defending the action knew or by the exer cise of ordinary care should have known that the property was to be used for an unlawful purpose subjecting it to forfeiture under this chapter, the court shall order the disposition of the seized property as provided herein and that claimant shall have no claim upon the prop erty or proceeds from the sale thereof."

WEDNESDAY, FEBRUARY 10, 1982

345

Part 2
Section 2. Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures of certain items used with regard to con trolled substances and marijuana, is amended by striking subsection (e) thereof and inserting in its place a new subsection (e) to read as follows:
"(e) When an article, equipment, controlled substance, con veyance, or other property is seized under this article, the sheriff, drug agent, or law enforcement officer seizing the same shall report the fact of seizure, within ten days thereof, to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. Within 30 days from the date he receives notice of the seizure, the district attorney of the judicial circuit, or the director on his behalf shall cause to be filed in the superior court of the county in which the property is seized or detained an action for condemnation of such property as provided for in this Code section. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the property was seized, and the action shall be verified by a duly authorized agent of the state in a manner required by the law of this state. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, to the duly authorized agent of the state, allege the essential elements of the violation which is claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, commanding him to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner or lessee, if known. If the owner is known, a copy of the action shall also be served upon any person hav ing a duly recorded security interest in or lien upon that merchandise. If the owner or lessee is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right af fected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid ser vice. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized merchandise as provided for in this Code section. If the court determines that a claimant defending the action knew or by the exercise of ordinary care should have known that the merchandise was to be used for an unlawful purpose subjecting it to forfeiture under this chapter, the court shall order the disposition of the seized merchandise as provided herein and that claimant shall have no claim upon the merchandise or proceeds from the sale thereof."

346

JOURNAL OF THE SENATE

Part 3
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Coleman Coverdell Deal Eldridge English Engram Evans

Fincher of 52nd Foster Garner Gillis Greene Hill Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

Those voting in the negative were Senators:

Allgood Ballard

Brown of 47th

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

Those not voting were Senators:

Bryant Cobb Dean

Fincher of 54th Holloway (presiding) Horton

Land Summers

WEDNESDAY, FEBRUARY 10, 1982

347

On the passage of the bill, the yeas were 44, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.
The following general resolutions of the Senate, favorably reported by the com mittee, were read the third time and put upon their adoption:

SR 226. By Senators Horton of the 17th, Bond of the 39th, Eldridge of the 7th and others:
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 Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal 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 Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen Dean Fincher of 52nd

Greene Holloway (presiding) Robinson

Summers Trulock

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adoipntteed.

348

JOURNAL OF THE SENATE

SR 228. By Senators Howard of the 42nd, Lester of the 23rd and Kidd of the 25th: A resolution creating the Special Study Commission on Mental Health.

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

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

Those not voting were Senators:

Dean Holloway (presiding)

Hudson

Robinson

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

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

Senator Reynolds of the 48th introduced Debbie Atkinson, Miss Gwinnett County, to the Senate.

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

WEDNESDAY, FEBRUARY 10, 1982

349

SR 238. By Senators Thompson of the 32nd and Barnes of the 33rd:
A resolution directing the Department of Public Safety to provide pam phlets relating to driving under the influence of alcohol to applicants for driver's licenses; to incorporate questions relating to driving under the influence of alcohol on examinations for driver's licenses.

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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English Engram

Evans Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins 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:

Ballard Bowen Dean

Fincher of 52nd Hill

Holloway (presiding) Hudson

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

350

JOURNAL OF THE SENATE

HB 823. By Representatives Wall of the 61st, Martin of the 60th and Phillips of the 59th:
A bill to amend grand juries in general, so as to provide that all elected of ficers and officials shall be ineligible to serve on grand juries while holding elective office and for two years thereafter.
Senate Sponsor: Senator Barnes of the 33rd.

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

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

Those voting in the affirmative were Senators:

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

Engram Evans Fincher of 54th Foster Garner Gillis Greene Horton Howard Kennedy Kidd Land Lester Littlefield McGill McKenzie

Those not voting were Senators:

Ballard Bowen Dean

Fincher of 52nd Hill Holloway (presiding)

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker
Hudgins Hudson Wessels

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

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

The President resumed the Chair.

WEDNESDAY, FEBRUARY 10, 1982

351

HB 1087. By Representatives Darden, Wilson and Thompson of the 19th:
A bill to add one additional judge of the superior courts of the Cobb Judicial Circuit of Georgia; to provide for the election of such judge and his successors.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following substitute to HB 1087:

A BILL
To be entitled an Act to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to five the number of judges for the Cobb Judicial Circuit; to provide for the election and term of such judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for an additional court reporter for said circuit; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-2, relating to numbers of superior court judges for each judicial circuit, is amended by striking paragraph (11) and inserting in its place a new paragraph to read as follows:
"(11) Cobb Circuit ................................... 5".
Section 2. The number of superior court judges of the Cobb Judicial Circuit is increased from four to five. Said additional judge shall be elected at the general election held in November, 1982, for a term of four years beginning on January 1, 1983, and until his successor is elected and qualified.
Section 3. The qualifications of such additional judge and his suc cessors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Cobb Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Cobb Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
Section 4. The five judges of the superior courts of the Cobb Judicial Circuit of Georgia in transacting the business of said courts and in per forming their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of

352

JOURNAL OF THE SENATE

the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The chief judge shall appoint the judge of the juvenile court as provided by law. The five judges of the superior courts of the Cobb Judicial Circuit shall have and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets or fixing the calendars and order of business in said courts. They may assign to one or more of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to one or more of the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or other wise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may pro vide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control.
Section 5. The five judges of the Cobb Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
Section 6. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Section 7. Section 1 of this Act shall become effective January 1, 1983. The other provisions of this Act shall become effective upon its ap proval by the Governor or upon its otherwise becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes

Bell Bond Bowen

Brannon Brantley Broun of 46th

WEDNESDAY, FEBRUARY 10, 1982

353

Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English Evans Fincherof52nd Foster Garner Gillis

Greene Holloway Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds

Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Ballard Dean Engram

Fincher of 54th Hill Hudgins

Timmons Wessels

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

The bill, having received the requisite constitutional majority, was passed by subsc ttiittun ttefi.

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

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

HB 1172. By Representatives Wall of the 61st, Phillips of the 59th and Martin of the 60th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia An notated, relating to superior courts, so as to increase to four the number of judges of the superior courts of the Gwinnett Judicial Circuit.
Senate Sponsor: Senator Reynolds of the 48th.

354

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Engram.

Those not voting were Senators:

Barker Cobb Dean

Hudgins Hudson

Timmons Wessels

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

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 3:00 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 11, 1982

355

Senate Chamber, Atlanta, Georgia Thursday, February 11, 1982 Sixteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Wessels of the 2nd 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 1402. By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Dacula, so as to change the provisions relating to qualifications for the office of mayor or council member.

HB 1404. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to change the limits of the Downtown LaGrange District.

HB 1416. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of Commissioner of Stewart County, so as to change the compensation of the Commissioner.

HB 1417. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of Commissioner of Webster County, so as to change the provisions relative to the expenses of the commissioner of Webster County.

HB 1418. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of county tax commissioner of Webster County, so as to change the annual salary of said officer.

356

JOURNAL OF THE SENATE

HB 1428. By Representatives Irvin of the 10th and McDonald of the 12th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Banks County into the office of Tax Commissioner of Banks County, so as to change the compensation of the tax commissioner.

HB 1111. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act known as "The Gainesville and Hall County Development Authority Act," so as to provide for additional powers to The Gainesville and Hall County Development Authority.

HB 1277. By Representative Home of the 104th:
A bill to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," so as to require the director of the authority to be bonded with a corporate surety; to repeal conflicting laws.

HB 1180. By Representative Clark of the 55th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia An notated, relating to bonds and recognizances, so as to define certain terms; to prohibit certain persons from serving as professional bondsmen or runners; to provide for licenses; to provide for procedures and ad ministration; to provide for fees; to require sheriffs to perform certain duties.

HB 1281. By Representatives Childs of the 51st, Snow of the 1st, Burruss of the 21st and others:
A bill to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, so as to permit a spouse to use certain surnames when the use of the surnames is not with the intent to deprive another fraudulently of any right under the law; to amend the Official Code of Georgia Annotated accordingly.

HB 1359. By Representatives Vaughn of the 57th, Childs of the 51st, Richardson of the 52nd and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Rockdale Judicial Circuit, to be composed of the County of Rockdale.

HB 1299. By Representatives Childers of the 15th and Adams of the 14th:
A bill to amend the "Georgia Post-Mortem Examination Act," so as to authorize other persons than the medical examiner or a person designated by him to draw blood to test for intoxicating substances; to amend the Official Code of Georgia Annotated accordingly.

THURSDAY, FEBRUARY 11, 1982

357

HB 1259. By Representative Adams of the 36th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act," so as to change the maximum amount of bonds and notes which the authority may have outstanding at any one time; to amend the Official Code of Georgia Annotated accordingly.

HB 1327. By Representatives Nicholson of the 88th and Padgett of the 86th:
A bill to amend Code Section 9-15-2 of the Official Code of Georgia An notated, relating to affidavits of indigence, so as to provide that the court may inquire into the truth of the affidavit of indigence; to provide for the denial of the petition of indigence.

HB 1355. By Representatives Ramsey of the 3rd, and Williams and Foster of the 6th:
A bill to amend an Act known as the "Georgia Meat Inspection Act," so as to increase the penalties for fraud or distribution of adulterated ar ticles; to amend the Official Code of Georgia Annotated accordingly.

HB 1154. By Representative Colbert of the 23rd:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia An notated, relating to motor vehicle accident insurance, so as to redefine the term "motor vehicle" to include motorcycles for purposes of the re quirements of the chapter.

HB 1364. By Representatives Phillips of the 120th and Ginsberg of the 122nd:
A bill to amend an Act entitled "The Act Providing for the Review, Con tinuation, Reestablishment, or Termination of Regulatory Agencies," so as to delete from terminating agencies the State Board of Registration for Foresters; to amend the Official Code of Georgia accordingly.

HB 1391. By Representatives Lambert of the 112th, Argo of the 63rd, Phillips of the 120th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia An notated, relating to waste management, so as to enact into law the Southeast interstate Low-Level Radioactive Waste Management Com pact.

HB 616. By Representative Williams of the 6th:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide that all group or blanket accident and sickness insurance policies or contracts may contain such benefits, coverages, and reimbursements as may be agreed upon between the group policyholder and its insurer.

358

JOURNAL OF THE SENATE

HB 1270. By Representatives Johnson of the 66th, Murphy of the 18th, Thomas of the 66th and others:
A bill to amend the "Georgia Safe Dams Act of 1978," so as to specify what spillways shall comply with the Act; to amend the Official Code of Georgia Annotated accordingly.

The House has passed by the requisite constitutional majority the following bill 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.

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

HR 586. By Representative Branch of the 137th:
A resolution proposing an amendment to the Constitution so as to pro vide that the Board of Commissioners of Ben Hill County shall have the right and power to assess and collect license fees and taxes from all per sons, firms, and corporations maintaining a place or places for business in any area of Ben Hill County.

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 1156. By Representatives McDonald of the 12th, Jackson of the 9th, Logan of the 62nd and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment and inspection of motor vehicles, so as to repeal certain provisions relative to the annual motor vehicle safety in spections; to provide for a penalty for the failure to comply with certain requirements relative to safety equipment.

The Speaker has appointed on the part of the House the following members thereof: Representatives McDonald of the 12th, Jackson of the 9th and Thompson of the 19th.

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

THURSDAY, FEBRUARY 11, 1982

359

SB 646. By Senator Allgood of the 22nd:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, which article relates to liens, so as to require that certain claims for lien be executed under oath; to change bonding amounts; to provide for an effective date.
Referred to Committee on Judiciary.

SB 647. By Senator Land of the 16th:
A bill to amend Code Chapter 68B-3, relating to cancellation, suspension, and revocation of drivers' licenses, as amended, so as to provide for suspension of licenses in certain cases involving pleas of nolo contendere; to provide for the period of suspension; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal.
Referred to Committee on Public Safety.

SB 648. By Senators Gillis of the 20th, Walker of the 19th, Starr of the 44th and others:
A bill to amend Code Section 68A-903, relating to homicide by vehicle, as amended, so as to change the penalty for persons convicted of homicide by vehicle; to amend the Official Code of Georgia Annotated according ly; to provide for effective dates.
Referred to Committee on Judiciary.

SB 649. By Senator Greene of the 26th:
A bill to amend Code Chapter 88-18, also known as the "Hospital Authorities Law", as amended, so as to authorize authorities created under said Act to extend credit or make loans to others for the planning, design, construction, acquisition or carrying out of any project; to pro vide for the securing of said credit or loans; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Human Resources.

SB 650. By Senator Barnes of the 33rd:
A bill to amend Code Section 7-1-293 of the Official Code of Georgia An notated, relating to savings banks and state savings and loan associations, so as to remove the provisions subjecting state savings and loan associa tions to the same laws and regulations applicable to commercial banks regarding the establishment and operation of branch banks, bank offices, and bank facilities; to provide an effective date.
Referred to Committee on Banking, Finance and Insurance.

360

JOURNAL OF THE SENATE

SB 651. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to repeal an Act entitled "An Act to increase the salary paid to the Judge of the Juvenile Court of Glynn County, Georgia; to provide for the payment of said salary; to repeal all laws in conflict with this Act; and for other purposes", as amended.
Referred to Committee on County and Urban Affairs.

SB 652. 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 provisions relating to the compensation of the tax commissioner; to change the provisions relating to the personnel of the office of tax commissioner; to provide an effective date. Referred to Committee on County and Urban Affairs.
SB 653. 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 provisions relating to the compensation of the clerk and the clerk's personnel; to provide an effective date. Referred to Committee on County and Urban Affairs.
SB 654. By Senator Evans of the 37th:
A bill to amend an Act authorizing counties to establish and maintain law libraries, as amended, so as to provide that a city court of any city of the state having a population of 300,000 or more according to the 1980 United States decennial census or any future such census shall not be re quired to collect any costs that may be required by the foregoing Act; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Special Judiciary.
SB 655. By Senator Kidd of the 25th:
A bill to amend Code Section 24-2823, relating to sheriff's fees, as amended, so as to change certain fees of the sheriffs; to amend the Of ficial Code of Georgia Annotated accordingly; to provide for automatic repeal of certain provisions of this Act. Referred to Committee on Governmental Operations.

THURSDAY, FEBRUARY 11, 1982

361

SB 656. By Senators Barnes of the 33rd, Thompson of the 32nd, Starr of the 44th and others:
A bill to prohibit certain nude and sexual conduct on premises where alcoholic beverages are sold or dispensed for consumption on the premises; to define terms; to prohibit the use of devices or objects to per form or simulate such conduct on such premises; to prohibit the showing and display of pictures and other reproductions and images depicting such conduct on such premises; to prohibit the solicitation of drinks by certain persons on such premises; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Industry, Labor and Tourism.

SB 657. By Senators Robinson of the 27th, Littlefield of the 6th, Barker of the 18th and others:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create a Joint Committee for Review of Administration Rules; to provide for the powers, duties, authority, practices and procedures of the committee; to provide for the appointment of members; to provide for officers; to provide for the suspension of rules and regulations; to provide for employees; to provide an effective date.
Referred to Committee on Governmental Operations.

SR 274. By Senator Coverdell of the 40th:
A resolution creating the Hazardous Drivers Study Committee. Referred to Committee on Public Safety.

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

HB 616. By Representative Williams of the 6th:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide that all group or blanket accident and sickness insurance policies or contracts may contain such benefits, coverages, and reimbursements as may be agreed upon between the group policyholder and its insurer.
Referred to Committee on Banking, Finance and Insurance.

HB 1154. By Representative Colbert of the 23rd:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia An notated, relating to motor vehicle accident insurance, so as to redefine the term "Motor vehicle" to include motorcycles for purposes of the re quirements of the chapter.
Referred to Committee on Banking, Finance and Insurance.

362

JOURNAL OF THE SENATE

HB 1180. By Representative Clark of the 55th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia An notated, relating to bonds and recognizances, so as to define certain terms; to prohibit certain persons from serving as professional bondsmen or runners; to provide for licenses; to provide for procedures and ad ministration; to provide for fees; to require sheriffs to perform certain duties.
Referred to Committee on Special Judiciary.

HB 1259. By Representative Adams of the 36th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act," so as to change the maximum amount of bonds and notes which the authority may have outstanding at any one time; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs--GEN.

HB 1270. By Representatives Johnson of the 66th, Murphy of the 18th, Thomas of the 66th and Phillips of the 120th:
A bill to amend the "Georgia Safe Dams Act of 1978," so as to specify what spillways shall comply with the Act; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1281. By Representatives Childs of the 51st, Snow of the 1st, Burruss of the 21st and Edwards of the 110th:
A bill to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, so as to permit a spouse to use certain surnames when the use of the surnames is not with the intent to deprive another fraudulently of any right under the law; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1299. By Representatives Childers of the 15th and Adams of the 14th:
A bill to amend the "Georgia Post-Mortem Examination Act," so as to authorize other persons than the medical examiner or a person designated by him to draw blood to test for intoxicating substances; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1327. By Representatives Nicholson of the 88th and Padgett of the 86th:
A bill to amend Code Section 9-15-2 of the Official Code of Georgia An notated, relating to affidavits of indigence, so as to provide that the court may inquire into the truth of the affidavit of indigence; to provide for the denial of the petition of indigence.
Referred to Committee on Special Judiciary.

THURSDAY, FEBRUARY 11, 1982

363

HB 1355. By Representatives Ramsey of the 3rd, and Williams and Foster of the 6th:
A bill to amend an Act known as the "Georgia Meat Inspection Act," so as to increase the penalties for fraud or distribution of adulterated ar ticles; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Agriculture.

HB 1359. By Representatives Vaughn of the 57th, Childs of the 51st, Richardson of the 52nd and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Rockdale Judicial Circuit, to be composed of the County of Rockdale.
Referred to Committee on Judiciary.

HB 1364. By Representatives Phillips of the 120th and Ginsberg of the 122nd:
A bill to amend an Act entitled "The Act Providing for the Review, Con tinuation, Reestablishment, or Termination of Regulatory Agencies." so as to delete from terminating agencies the State Board of Registration for Foresters; to amend the Official Code of Georgia accordingly.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1391. By Representatives Lambert of the 112th, Argo of the 63rd, Phillips of the 120th and Dobbs of the 74th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia An notated, relating to waste management, so as to enact into law the Southeast Interstate Low-Level Radioactive Waste Management Com pact.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1111. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act known as "The Gainesville and Hall County Development Authority Act," so as to provide for additional powers to The Gainesville and Hall County Development Authority. Referred to Committee on County and Urban Affairs.

HB 1277. By Representative Home of the 104th:
A bill to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," so as to require the director of the authority to be bonded with a corporate surety. Referred to Committee on County and Urban Affairs.

364

JOURNAL OF THE SENATE

HB 1402. By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Dacula, so as to change the provisions relating to qualifications for the office of mayor or council member. Referred to Committee on County and Urban Affairs.

HB 1404. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to change the limits of the Downtown LaGrange District. Referred to Committee on County and Urban Affairs.

HB 1416. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of Commissioner of Stewart County, so as to change the compensation of the Commissioner. Referred to Committee on County and Urban Affairs.

HB 1417. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of Commissioner of Webster County, so as to change the provisions relative to the expenses of the Commissioner of Webster County. Referred to Committee on County and Urban Affairs.

HB 1418. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of county tax commissioner of Webster County, so as to change the annual salary of said officer. Referred to Committee on County and Urban Affairs.

HB 1428. By Representatives Irvin of the 10th and McDonald of the 12th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Banks County into the office of Tax Commissioner of Banks County, so as to change the compensation of the tax commissioner.
Referred to Committee on County and Urban Affairs.

HR 586. By Representative Branch of the 137th:
A resolution proposing an amendment to the Constitution so as to pro vide that the Commissioners of Ben Hill County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Ben Hill County.
Referred to Committee on County and Urban Affairs.

THURSDAY, FEBRUARY 11, 1982

365

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

Mr. President:

The 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 564. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman
Mr. President:

The Committee on Human Resources 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 496. Do pass by substitute. SB 561. Do pass by substitute. SB 581. Do pass by substitute. SB 592. Do pass as amended. SB 604. Do pass as amended.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman
Mr. President:

The 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 571. Do pass. SB 608. Do pass. SB 625. Do pass. HB 931. Do pass by substitute. HB 1192. Do pass. HB 1292. Do pass.
Respectfully submitted,
Senator Barnes of the 33rd District, Chairman

366 Mr. President:

JOURNAL OF THE SENATE

The 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 83. Do pass by substitute. HB 84. Do pass by substitute. HB 1153. Do pass by substitute.
Respectfully submitted,
Senator Barnes of the 33rd District, Chairman
Mr. President:

The 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 626. Do pass. HB 1280. Do pass. HB 1109. Do pass as amended. HB 1110. Do pass as amended.

Mr. President:

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

The Committee on Offender Rehabilitation has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 182. Do pass by substitute. SB 503. Do pass by substitute. SB 531. Do pass. SB 558. Do pass by substitute. SB 566. Do pass. SB 584. Do pass. SB 585. Do pass. SR 255. Do pass.
Respectfully submitted,

Senator Kennedy of the 4th District, Chairman

THURSDAY, FEBRUARY 11, 1982

367

Mr. President:

The 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 559. Do pass. SB 621. Do pass by substitute. SR 239. Do pass.
Respectfully submitted,
Senator Timmons of the 11th District, Chairman

Mr. President:

The Committee on Public Safety 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 519. Do pass by substitute.
Respectfully submitted,
Senator Timmons of the 11th District, Chairman

Mr. President:

The 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 229. Do pass. SR 249. Do pass by substitute. HR 536. Do pass.
Respectfully submitted,
Senator Brown of the 47th District, Chairman

368

JOURNAL OF THE SENATE

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

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.

SB 464. By Senators Turner of the 8th and Wessels of the 2nd:
A bill to amend Code Title 56, known as the Georgia Insurance Code, so as to amend the standard valuation and nonforfeiture laws; to provide an effective date.

SB 543. By Senator Sutton of the 9th:
A bill to amend Code Chapter 91A-41, relating to setoff debt collection in connection with income tax refunds, so as to include within the defini tion of a claimant agency the Georgia Higher Education Assistance Cor poration; to amend the Official Code of Georgia Annotated accordingly.

SB 550. By Senators Littlefield of the 6th and Wessels of the 2nd:
A bill to amend an Act known as the "Housing Authorities Laws", as amended, so as to authorize authorities to purchase mortgage loans and other appropriate forms of collateral and participation interests therein from mortgage lenders and other holders of such loans and collateral to provide financing for dwelling units suitable for occupancy by persons and families of low and moderate income.

SB 551. By Senator Littlefield of the 6th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, as amended, so as to provide that the board of commissioners may accept certain applications for reinstatement in said fund from prior members who have withdrawn the total sum which they had paid into the fund in dues; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 576. By Senators Coleman of the 1st, Wessels of the 2nd and Bryant of the 3rd:
A bill to consolidate the governmental and corporate functions of the Mayor and aldermen of the City of Savannah with the governmental and corporate functions of the Commissioners of Chatham County and ex officio judges; to create a new county-wide government to supersede and replace the governments of the City of Savannah and Chatham County; to provide for a referendum; to provide effective dates; to provide for severability.

THURSDAY, FEBRUARY 11, 1982

369

SB 610. By Senator Reynolds of the 48th:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, so as to provide for new and different districts and the election of members therefrom; to provide for a referendum election; to provide for all related matters; to provide an effective date.

SB 611. By Senator Kidd of the 25th:
A bill to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, as amended, so as to change the compensation of the coroner.

SB 628. By Senator Timmons of the 11 th:
A bill to amend an Act creating the Board of Commissioners of Early County, as amended, so as to change the compensation of the county commissioners; to provide an effective date.

SB 629. By Senator Timmons of the 11th:
A bill to amend an Act placing the Clerk of the Superior Court of Seminole County upon an annual salary, as amended, so as to change the authorized compensation of the clerk of the superior court; to provide how the compensation shall be determined; to provide for other matters relative to the foregoing; to provide for interim compensation; to provide an effective date.

SB 630. By Senator Timmons of the 11th:
A bill to amend an Act providing for the compensation of the Sheriff of Seminole County, as amended, so as to change the authorized compensa tion of the sheriff; to provide how the compensation shall be determined; to provide for other matters relative to the foregoing; to provide for in terim compensation; to provide an effective date.

SB 633. By Senator Reynolds of the 48th:
A bill to amend an Act known as the "Gwinnett County Water and Sewerage Authority Act", as amended, so as to change the provisions relating to the procedures for filling vacancies on the authority.

SB 634. By Senator Reynolds of the 48th:
A bill to amend an Act creating the Gwinnett County Public Facilities Authority, as amended, so as to change the provisions relating to the pro cedures for filling vacancies on the authority.

370

JOURNAL OF THE SENATE

SB 635. By Senator Reynolds of the 48th:
A bill to amend an Act creating the Gwinnett County Recreation Authori ty, as amended, so as to change the provisions relating to the procedures for filling vacancies on the authority.

SB 636. By Senator Reynolds of the 48th:
A bill to amend an Act creating and establishing an airport authority for Gwinnett County, as amended, so as to change the provisions relating to the procedures for filling vacancies on the authority.

SB 637. By Senator Reynolds of the 48th:
A bill to amend an Act changing certain provisions relating to the Gwin nett Building Authority so as to change the provisions relating to the pro cedures for filling vacancies on the authority.

SR 266. By Senators Dean of the 31st and Brantley of the 56th:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of the Paulding County School District who is 65 years of age or over, regardless of income, shall be ex empt from ad valorem taxation for educational purposes levied by or on behalf of the Paulding County School Districts, including ad valorem tax ation to pay interest on or to retire school bond indebtedness.

SR 267. By Senator Dean of the 31 st:
A resolution proposing an amendment to the Constitution so as to in crease from two hundred dollars to five hundred dollars the civil jurisdic tion of justices of the peace in Polk County; to provide for the submission of this amendment for ratification or rejection.

HB 1015. By Representatives Chance of the 129th, Triplett of the 128th, Phillips of the 125th and others:
A bill to amend an Act creating a charter for the City of Bloomingdale, so as to include certain additional territory within the corporate limits.

HB 1097. By Representatives Dover of the 11th, Colwell and Twiggs of the 4th and Irvinof the 10th:
A bill to amend an Act providing for an investigator for the District At torney of the Mountain Judicial Circuit, so as to change the compensation of the investigator.

HB 1147. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to incorporate the Town of Register in the County of Bulloch and provide a charter therefor.

THURSDAY, FEBRUARY 11, 1982

371

HB 1157. By Representatives Colbert of the 23rd and Martin of the 60th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia An notated, relating to the regulation of fire and other hazards to persons and property, so as to require fire departments to make certain reports of incidents or suspected incidents of arson.

HB 1181. By Representatives Hooks of the 116th, Chambless of the 131st, Castleberry of the 111th and others:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia An notated, relating to the terms of superior courts, so as to change the terms of court for Sumter County in the Southwestern Judicial Circuit.

HB 1271. By Representative Cox of the 141st:
A bill to amend an Act creating a small claims court in Decatur County, so as to change the amounts of certain fees charged by the court.

HB 1272. By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the Town of Iron City in the County of Seminole, so as to change the provisions relating to the election of councilmen.

HB 1273. By Representatives Shepard of the 67th, Mostiler and Fortune of the 71st and Ware of the 68th:
A bill to amend an Act establishing the State Court of Coweta County, so as to change the salary of the judge of the state court; to change the salary of the solicitor of the state court.

HB 1301. By Representatives Colwell and Twiggs of the 4th, Dover of the llth, 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; to amend the Official Code of Georgia Annotated accordingly.

HB 1304. By Representative Balkcom of the 140th:
A bill to amend an Act creating a board of commissioners of Miller Coun ty, so as to change the provisions relating to the compensation of the members of the board other than the chairman.

372

JOURNAL OF THE SENATE

The following local, uncontested bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage:
SB 546. By Senator Kidd of the 25th: A bill to amend an Act creating the office of tax commissioner of Han cock County, as amended, so as to change the compensation of the tax commissioner; to provide an effective date.

The Senate Committee on County and Urban Affairs offered the following substitute to SB 546:

A BILL
To be entitled an Act to amend an Act creating the office of tax com missioner of Hancock County, approved February 9, 1956 (Ga. L. 1956, p. 2037), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 2967), so as to change the compensation of the tax com missioner; to change the provisions relating to clerical help in the office of the tax commissioner; to provide for the compensation of such clerical help; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of tax commissioner of Hancock County, approved February 9, 1956 (Ga. L. 1956, p. 2037), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 2967), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The tax commissioner of Hancock County shall receive an annual salary of $18,000.00, payable in equal monthly in stallments from the funds of Hancock County. In addition to such salary, the tax commissioner shall also receive a longevity increase in salary at the end of each 12 month period of service completed by the person serving as tax commissioner after the salary stated in the first sentence of this section becomes effective. The longevity increase in salary shall be equal to 5 percent of the base salary of said tax commis sioner. For the purposes of this section, the term 'base salary' shall mean the salary stated in the first sentence of this section plus any longevity increases received by the person serving as tax commis sioner pursuant to the provisions of this section. All fees, commis sions, costs, or any other perquisites collected by the tax commis sioner shall be the property of Hancock County and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected.
(b) The tax commissioner shall have the authority to employ a deputy tax commissioner who shall receive a monthly salary of not less than $800.00, the exact amount to be determined by the govern ing authority of Hancock County. Said salary shall be paid out of the funds of Hancock County.

THURSDAY, FEBRUARY 11, 1982

373

(c) The tax commissioner shall have the authority to employ a secretary who shall receive a monthly salary of not less than $700.00, the exact amount to be determined by the governing authority of Han cock County. Said salary shall be paid out of the funds of Hancock County.
(d) It shall be within the sole power and authority of the tax com missioner, during his term of office, to designate and name the per sons who shall serve as personnel in his office, to describe their duties and assignments, and to remove or replace such personnel at will and within his sole discretion."
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 repealed.

On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted.

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

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

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

SB 547. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff, the judge of the Probate Court, and the clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation provisions relating to the judge of the probate court and the clerk of the superior court; to provide an effective date.

The Senate Committee on County and Urban Affairs offered the following substitute to SB 547:

A BILL
To be entitled an Act to amend an Act placing the sheriff, the judge of the Probate Court, and the clerk of the Superior Court of Hancock Coun ty on an annual salary in lieu of the fee system of compensation, approv ed February 18, 1964 (Ga. L. 1964, p. 2088), as amended, so as to change the compensation provisions relating to the judge of the probate court and the clerk of the superior court; to change the provisions relating to

374

JOURNAL OF THE SENATE

clerical help in the clerk's office; to provide for the compensation of such clerical help; 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 placing the sheriff, the judge of the Probate Court, and the clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. L. 1964, p. 2088), as amended, is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) The judge of the Probate Court of Hancock County shall receive an annual salary of $18,000.00, payable in equal monthly installments from the funds of Hancock County. In addition to such salary, the judge of the probate court shall also receive a longevity in crease in salary at the end of each 12 month period of service com pleted by the person serving as judge of the probate court after the salary stated in the first sentence of this section becomes effective. The longevity increase in salary shall be equal to 5 percent of the base salary of said judge. For the purposes of this section, the term 'base salary' shall mean the salary stated in the first sentence of this section plus any longevity increases received by the person serving as judge of the probate court pursuant to the provisions of this section.
(b) (1) In addition to the salary provided in subsection (a) of this section, if the judge of the Probate Court of Hancock County also holds and conducts elections or is responsible for conducting elections for members of the General Assembly under the provisions of any ap plicable general or local law of this state, said judge shall receive an additional compensation in the amount of $ 100.00 per month.
(2) In addition to the salary provided in subsection (a) of this sec tion and paragraph (1) of this subsection, if the judge of the Probate Court of Hancock County is responsible for traffic cases under the provisions of any general or local law of this state, said judge shall receive an additional compensation in the amount of $150.00 per month."
Section 2. Said Act is further amended by striking Section 4 in its en tirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The clerk of the Superior Court of Hancock County shall receive an annual salary of $ 18,000.00, payable in equal monthly installments from the funds of Hancock County. In addition to such salary, the clerk shall also receive a longevity increase in salary at the end of each 12 month period of service completed by the person serv ing as clerk after the salary stated in the first sentence of this section becomes effective. The longevity increase in salary shall be equal to 5 percent of the base salary of said clerk. For the purposes of this sec tion, the term 'base salary' shall mean the salary stated in the first sentence of this section plus any longevity increases received by the person serving as clerk of the superior court pursuant to the provi sions of this section.

THURSDAY, FEBRUARY 11, 1982

375

(b) The clerk of the superior court is hereby authorized to employ a deputy clerk who shall receive a salary of not less than $800.00 per month, the exact amount to be determined by the governing authority of the county, said compensation to be paid on the last business day of the calendar month out of the funds of the county.
(c) The clerk of the superior court is hereby authorized to employ a secretary who shall receive a salary of not less than $700.00 per month, the exact amount to be determined by the governing authority of the county, said compensation to be paid on the last business day of the calendar month out of the funds of the county.
(d) It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the persons who shall serve as personnel in his office, to describe their duties and assignments, and to remove or replace such person nel at will and within his sole discretion."
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 repealed.

On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted.

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

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

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

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 Holloway Horton Howard Hudgins Hudson Kennedy

376
Kidd Land Lester Littlefield McGill McKenzie Reynolds

JOURNAL OF THE SENATE

Robinson Scott Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Trulock Turner Tysinger Walker Wessels

Not answering were Senators Bond and Timmons.

Senator Ballard of the 45th introduced the chaplain of the day, Reverend Clint Rogers, pastor of Harmony Baptist Church, Monroe, Georgia, who offered scrip ture reading and prayer.

SENATE CALENDAR Thursday, February 11, 1982 SIXTEENTH LEGISLATIVE DAY

HB 1179. Persons Alleged Incompetent--guardian ad litem and attorney (Judy-33rd)
HB 1229. Richmond County Superior Court Chief Judge--may appoint jury clerk (Judy-23rd)
HR 514. Select Committee on Constitutional Revision--extend existence (Judy-33rd)
SR 52. Death Penalty--relative to (SUBSTITUTE) (Off R--23rd)
HB 732. Coroners' Jurors--compensation (SUBSTITUTE) (Hum R--40th)
HB 870. Act Providing Comprehensive Treatment of Alcoholism--change effective date (SUBSTITUTE) (Hum R-32nd)
SB 112. Georgia Administrative Bulletin and Administrative Codeprovide (SUBSTITUTE) (Gov Op-37th)
SB 461. Restitution by Offender to Victim--bonding requirements (SUBSTITUTE) (SJudy-18th)
SB 523. County, Municipal Bonds--eliminate interest rate ceiling certain ones (BF&I-33rd)
SB 528. Sheriffs--provide adequate compensation (SUBSTITUTE) (Gov Op- 25th)
SB 552. Tax Collectors and Commissioners--change population classification for salaries (SUBSTITUTE) (Gov Op--6th)
SB 560. Superior Court Clerks' Retirement--time limit for application for eligibility (SUBSTITUTE) (GovOp-25th)
SB 567. Executive Probate Judges Council of Georgia--create (SUBSTITUTE) (Gov Op-25th)

THURSDAY, FEBRUARY 11, 1982

377

SB 582. Probate Court--combining of certain records (AMENDMENT) (Gov Op--42nd)
SB 591. Voting of Shares of Corporation Held by Subsidiary in Fiduciary Capacity--provide (S Judy--23rd)
HB 148. Self-Service Storage Facilities-define (SUBSTITUTE) (IL&Tou-41st)

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

HB 1179. By Representatives Walker of the 115th, Karrh of the 106th, Culpepper of the 98th and others:
A bill to amend Code Chapter 49-6, relating to guardians for in capacitated adults, so as to provide that the guardian ad litem of a person alleged to be incompetent may also be the attorney.
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 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 Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond

Broun of 46th

Land

378

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.

HB 1229. By Representatives Nicholson of the 88th, Padgett of the 86th, Swann of the 90th and others:
A bill to amend Code Section 59-104, relating to the clerk of the board of jury commissioners, so as to provide in certain counties that the chief judge of the superior court of said counties shall be authorized and em powered to appoint a jury clerk and such other necessary personnel; to amend the Official Code of Georgia Annotated accordingly.
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 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 McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Bowen Broun of 46th

Hill Land

Starr Summers

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

THURSDAY, FEBRUARY 11, 1982

379

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

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

HB 1156. By Representatives McDonald of the 12th, Jackson of the 9th, Logan of the 62nd and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment and inspection of motor vehicles, so as to repeal certain provisions relative to the annual motor vehicle safety in spections; to provide for annual safety inspections for school buses; to provide for a penalty for the failure to comply with certain requirements relative to safety equipment.

Senator Cobb of the 28th moved that the Senate adhere to the Senate amend ments to HB 1156 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 amendments to HB 1156.

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

Senators Cobb of the 28th, Deal of the 49th and Greene of the 26th.

The following general resolution of the House, favorably reported by the com mittee, was read the third time and put upon its adoption:

HR 514. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others:
A resolution to amend a resolution creating the Select Committee on Constitutional Revision, so as to extend the existence of the committee.
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.

380

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Allgood Ballard 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 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 Bond and Broun of 46th.

On the adoption of the resolution, the yeas were 54, nays 0.

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

The following resolution of the Senate, having been read the third time on February 9 and postponed until February 10, was put upon its adoption:

SR 52. By Senators Lester of the 23rd, Kennedy of the 4th and Garner of the 30th:
A resolution relative to the death penalty.

The Senate Committee on Offender Rehabilitation offered the following substitute to SR 52:
A RESOLUTION
Relative to the death penalty; and for other purposes.
WHEREAS, the United States Supreme Court in the case of Gregg v. Georgia, 428 US 153 (1976), upheld Georgia's laws relative to the imposi tion of the death penalty and criminal procedures in connection therewith; and

THURSDAY, FEBRUARY 11, 1982

381

WHEREAS, an important aspect of Georgia's law is its provision for appellate review by the State Supreme Court to insure that the sentence of death in a particular case is not disproportionate to sentences imposed on similarly situated defendants; and
WHEREAS, the legislative enactment of a death penalty statute is an expression of the public's endorsement of the death penalty as the ap propriate and necessary criminal sanction against certain heinous crimes; and
WHEREAS, if capital punishment is to be an effective deterrent to such crimes, there must be certainty that the sentence will be executed when imposed in accordance with the law; and
WHEREAS, although our judicial system contemplates a diligent review by the courts in any criminal case, the courts must not evade in the name of deliberation their paramount duties to do justice and to vin dicate the norms society holds inviolate.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body does hereby go on record as fully supporting the imposition of the death penalty in appropriate cases.
BE IT FURTHER RESOLVED that this body does hereby urge the Governor to deny future requests to suspend a death sentence and fur ther urges the state and federal courts to expedite their deliberations so that the death penalty can be carried out in accordance with the laws of this state.

Senator Lester of the 23rd offered the following substitute to SR 52:

A RESOLUTION
Relative to the death penalty; and for other purposes.
WHEREAS, in 1973, the Georgia General Assembly, responding to and reflecting the overwhelming public sentiment present within this state, enacted legislation providing for the imposition of the death sentence for persons convicted of the commission of certain heinous crimes; and
WHEREAS, in 1976, after judicial scrutiny in both the federal and state courts, the United States Supreme Court upheld as constitutional the Georgia death penalty law; and
WHEREAS, since 1973, more than 100 persons have been convicted and sentenced to death for the commission of various horrible and violent crimes; and
WHEREAS, more than eight years after the reinstitution of the death penalty in the State of Georgia no executions have occurred; and

382

JOURNAL OF THE SENATE

WHEREAS, if the public is to maintain confidence in the judicial and criminal justice systems and if capital punishment is to serve as an effec tive deterrent, there must be a certainty that the sentence of death will be imposed and carried out expeditiously for persons found guilty of the commission of these abhorrent acts; and
WHEREAS, in 1980, the Georgia General Assembly, responding to the sense of frustration of the public in the matter of the imposition of the death sentence, took appropriate and needed steps to streamline the review processes of the death sentence in the state judiciary; and
WHEREAS, the Attorney General, representing the state in all death penalty cases, has diligently pursued all avenues available within the legal processes to bring all appeals involving death cases to a swift con clusion; and
WHEREAS, this body, while recognizing the appropriateness of each defendant's constitutional right to pursue all legal remedies available to test the legality of his conviction and sentence in criminal cases, recognizes that it is nevertheless not in the public interest that such challenges be pursued in any manner other than timely, with the courts resolving in an expeditious manner all such proceedings.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body does express its complete and unwavering support for the death penalty statute in Georgia.
BE IT FURTHER RESOLVED that this body does urge each segment of the criminal justice system, and specifically the federal judiciary, to expend every effort to resolve in an efficient and expeditious manner all challenges to the imposition of the death sentence so that in all ap propriate cases the public may be assured that there will be swift and ap propriate punishment for those persons convicted of those horrible and violent crimes within this state for which the death penalty may be im posed.

Senators Gillis of the 20th and Lester of the 23rd offered the following amend ment:

Amend the substitute to SR 52 offered by Senator Lester of the 23rd by adding a new paragraph at the end of the resolution to read as follows:
"BE IT FURTHER RESOLVED that the Secretary of the Senate mail a copy of this resolution to the Georgia Congressional Delegation and to each appellate and district court judge of the llth U.S. Judicial Circuit."

On the adoption of the amendment, the yeas were 30, nays 1, and the amend ment was adopted.

THURSDAY, FEBRUARY 11, 1982

383

On the adoption of the substitute to SR 52 offered by the Senate Committee on Offender Rehabilitation, the yeas were 0, nays 36, and the committee substitute was lost.

On the adoption of the substitute to SR 52 offered by Senator Lester of the 23rd, the yeas were 36, nays 2, and the substitute offered by Senator Lester of the 23rd was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolu tion by substitute, was agreed to by substitute as amended.

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

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Allgood

Evans

Tate

Those not voting were Senators:

Bond Bowen

Fincher of 54th Hudgins

Timmons

On the adoption of the resolution, the yeas were 48, nays 3.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

384

JOURNAL OF THE SENATE

The following general bill of the House, having been read the third time on February 9 and postponed until February 10, was put upon its passage:

HB 732. By Representative Jones of the 126th:
A bill to amend the "Georgia Post Mortem Examination Act", so as to change the maximum and minimum compensation of coroners' jurors.
Senate Sponsors: Senators Coverdell of the 40th and Hudson of the 35th.

The Senate Committee on Human Resources offered the following substitute to HB 732:

A BILL
To be entitled an Act to amend the "Georgia Post Mortem Examina tion Act," approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 761), so as to change the maximum and minimum compensation of coroners' jurors; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. The "Georgia Post Mortem Examination Act," approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, par ticularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 761), is amended by striking from Section 14 the figures "$3.00" and "$10.00" and inserting in lieu thereof, respectively, the figures "$5.00" and "$25.00", so that when so amended said section shall read as follows:
"Section 14. The coroner shall summon and impanel five jurors to hold an inquest who shall decide the verdict by a majority vote. The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix the compensation of said jurors for their ser vices for the next succeeding year, but such compensation shall not be less than $5.00 nor more than $25.00 per diem. It shall be the duty of the coroner, or other person discharging the duties of the coroner, to give a certificate of the fact of such service to each juror. Upon presen tation of such certificate to the proper fiscal authority of the county in which the inquest is held, such fiscal authority shall pay the juror for his services."
Part 2
Section 2. Chapter 16 of Title 45 of the Official Code of Georgia An notated, relating to coroners, is amended by striking Code Section 45-16-36 and inserting in its place a new Code Section 45-16-36 to read as follows:

THURSDAY, FEBRUARY 11, 1982

385

"45-16-36. The coroner shall summon and impanel five jurors to hold an inquest, which jurors shall decide the verdict by a majority vote. The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix the compensation of said jurors for the next succeeding year but such compensation shall not be less than $5.00 nor more than $25.00 per diem. It shall be the duty of the coroner or other person discharging the duties of the coroner to give a certificate of the fact of such service to each juror. Upon presentation of such certificate to the proper fiscal authority of the county in which the inquest is held, such fiscal authority shall pay the juror for his ser vices."
Parts
Section 3. (a] Except as provided in subsection jc) of this section, this Act shall become effective on July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

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

Engram Evans Fincher of 52nd 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

386

JOURNAL OF THE SENATE

Those not voting were Senators:

Bond Dean

Fincher of 54th Holloway

Hudgins Starr

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

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

The following resolution of the Senate was read and adopted:

SR 277. By Senator Broun of the 46th: A resolution commending the Commerce High School Football Team.

The following general bill of the House, having been read the third time on February 9 and postponed until February 10, was put upon its passage:

HB 870. By Representative Richardson of the 52nd:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, so as to change the date on which the provi sions of the Act become effective.
Senate Sponsor: Senator Thompson of the 32nd.

The Senate Committee on Human Resources offered the following substitute to HB 870:

A BILL
To be entitled an Act to amend an Act providing for the comprehen sive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. L. 1974, p. 200), as amended, particularly by an Act approved April 13, 1981 (Ga. L. 1981, p. 1433), so as to change the effective date of that Act; to amend Chapter 8 of Title 37 of the Official Code of Georgia An notated, which chapter relates to treatment of alcoholics and intoxicated persons, so as to delay the effective date of certain articles in that chapter; to provide for effective dates and automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

THURSDAY, FEBRUARY 11, 1982

387

Parti
Section 1. An Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. L. 1974, p. 200), as amended, particularly by an Act approved April 13, 1981 (Ga. L. 1981, p. 1433), is amended by striking Section 23 in its entirety and inserting in its place a new Section 23 to read as follows:
"Section 23. This Act shall become effective July 1, 1983."
Part 2
Section 2. Chapter 8 of Title 37 of the Official Code of Georgia Annotated, which chapter relates to treatment of alcoholics and intoxicated persons, is amended by adding at the end thereof a new Article 4 to read as follows:
' 'Article 4
37-8-53. Articles 1, 2, and 3 of this Chapter 8 shall not become effective until July 1, 1983; notwithstanding Code Sec tion 1-1-9, relating to the effective date of the Official Code of Georgia Annotated."
Parts
Section 3. (a) Except as provided in subsection (c) of this sec tion, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 28, nays 1, and the substitute was adopted.

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

388

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bond Brannon

Coleman Hudson

Trulock

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

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

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

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

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.

THURSDAY, FEBRUARY 11, 1982

389

The Senate Committee on Governmental Operations offered the following substitute to SB 112:

A BILL
To be entitled an Act to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedures, so as to provide for the Georgia Administrative Bulletin; to provide for the publication of proposed and adopted rules of agencies; to provide for the continued publication of rules and regulations of agencies; to provide for subscriptions to such publications; 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. Chapter 13 of Title 50 of the Official Code of Georgia An notated, relating to administrative procedures, is amended by striking Code Sections 50-13-4 through 50-13-7 in their entirety and substituting in lieu thereof new Code Sections 50-13-4 through 50-13-7 to read as follows:
"50-13-4. (a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules or general statements of policy, the agency shall:
(1) Give at least 30 days' notice 01 its intended action. The notice shall be prepared so that the text of the proposed rule shows the text of any existing rule proposed to be changed and the change proposed. It shall include the exact date on which the agency shall consider the adoption of the rule, and such date shall be at least 30 days after notice of the proposed rule is published in the Georgia Administrative Bulletin as provided by Code Section 50-13-5 of this chapter. The notice shall also include the time and place interested persons may present their views thereon. The notice shall also contain a citation of the authority pursuant to which the rule is proposed for adoption and, if the proposal is an amendment or repeal of an existing rule, the rule shall be clearly identified. The notice shall be transmitted to the Secretary of State and to any state agency designated by the Secretary of State for publication in the Georgia Administrative Bulletin provid ed for by Code Section 50-13-5 of this chapter. The Secretary of State or his designee shall endorse on each notice thus filed the time and date of filing and maintain a file of such notices for public inspection; and
(2) Afford to all interested persons reasonable opportunity to sub mit data, views, or arguments, orally or in writing. In the case of substantive rules, opportunity for oral hearing must be granted if re quested by 25 persons who will be directly affected by the proposed rule, by governmental subdivision, or by an association having not less than 25 members. The agency shall consider fully all written and oral submissions respecting the proposed rule. Upon consideration of these submissions, the agency may revise the proposed rule or withdraw it in its entirety. If the proposed rule is revised, further ad-

390

JOURNAL OF THE SENATE

vance notice of the revisions and an opportunity to comment upon them shall not be necessary so long as the revisions are not substan tial. Upon adoption of a rule, the agency, if requested to do so by an interested person either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the con sideration urged against its adoption. All written material submitted to the agency favoring, opposing, or commenting upon the adoption of the rule shall be maintained in a file by the agency and shall be available for public inspection.
(b) Upon the adoption of any rule or upon the adoption of an amendment to or the repeal of any rule, other than interpretative rules or general statements of policy, the agency shall transmit to the Secretary of State and to any state agency designated by the Secretary of State the newly adopted rule along with a statement of the authori ty pursuant to which the rule was adopted and reference to the date and page number of the Georgia Administrative Bulletin in which the rule, when proposed, appeared. When the adopted rule differs from the proposed rule, an explanation of the change and the reason for it shall accompany the adopted rule and shall be published with it in the Bulletin. The newly adopted rule shall be published in the Georgia Administrative Bulletin as provided by paragraph (4) of subsection (a) of Code Section 50-13-5 of this chapter.
(c) If any agency finds that an imminent peril to the public health, safety, or welfare, including but not limited to, summary processes such as quarantines, contrabands, seizures, and the like authorized by law without notice, requires adoption of a rule without the delay re quired by this Code section and Code Section 50-13-5 and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable to adopt an emergency rule. The rule may be effec tive immediately upon its adoption and may remain effective for a period of not longer than 120 days but the adoption of an identical rule under subsections (a) and (b) of this Code section is not preclud ed. The emergency rule adopted pursuant to this subsection along with a copy of the findings required by this subsection shall be filed with the Secretary of State and with any state agency designated by the Secretary of State within four workdays after its adoption and shall be published in the Georgia Administrative Bulletin as provided by paragraph (5) of subsection (a) of Code Section 50-13-5 of this chapter.
(d) It is the intent of this Code section to establish basic minimum procedural requirements for the adoption, amendment, or repeal of administrative rules. Except for emergency rules which are provided for by subsection (c) of this Code section, the provisions of this Code section are applicable to the exercise of any rule-making authority conferred by any statute, but nothing in this Code section repeals or diminishes additional requirements imposed by law or diminishes or repeals any summary power granted by law to the state or any agency thereof.

THURSDAY, FEBRUARY 11, 1982

391

(e) No rule shall be valid unless adopted in exact compliance with subsections (a), (b), and (f) of this Code section and in substantial com pliance with Code Sections 50-13-5 and 50-13-6 of this chapter and the remainder of this Code section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this Code section must be commenced within two years from the ef fective date of the rule. An adopted rule shall not be invalid if it differs from the proposed rule if the adopted rule does not substantially change the degree or scope of the rule as it was proposed.
(f) The agency shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of this Code section to the legislative counsel. The copies shall be transmitted at least 30 days prior to the date of the agency's intended action. Within three days after receipt of the copies, if possible, the legislative counsel shall fur nish the presiding officers of each house with a copy of the notice, and the presiding officers shall assign the notice to the appropriate stand ing committee in each house for review. In the event a presiding of ficer is unavailable for the purpose of making the assignment within the time limitations, the legislative counsel shall assign the notice to the appropriate standing committee. Each standing committee of the Senate and the House of Representatives is granted all the rights pro vided for interested persons and governmental subdivisions in paragraph (2) of subsection (a) of this Code section.
(g) In the event a standing committee to which a notice is assigned as provided in subsection (f) of this Code section files an objection to a proposed rule prior to its adoption and the agency adopts the pro posed rule over the objection, the rule may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of over riding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of any agency which adopts a proposed rule over such objection so to notify the presiding officers of the Senate and the House of Representatives, the Chairmen of the Senate and House committees to which the rule was referred, and the legislative counsel within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be sub mitted to the Governor for his approval or veto. In the event of his veto, the rule shall remain in effect. In the event of his approval, the rule shall be void on the day after the date of his approval.
jh) (1) Subsection (g) of this Code section shall not apply to the Department of Medical Assistance nor to the Evironmental Protection Division of the Department of Natural Resources, but paragraph (2) of

392

JOURNAL OF THE SENATE

this subsection shall apply to the Department of Medical Assistance and to the Environmental Protection Division of the Department of Natural Resources.
(2) In the event the chairman of any standing committee to which a proposed rule relative to the Department of Medical Assistance or to the Environment Protection Division of the Department of Natural Resources is assigned notifies the agency that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of the rule, it shall be the duty of the agency to consult with the committee prior to the adoption of the rule.
50-13-5. (a) It shall be the duty of the Secretary of State to publish all proposed rules and regulations and all newly adopted rules and regulations of agencies in a publication to be known as the 'Georgia Administrative Bulletin,' hereinafter referred to as the 'Bulletin.' The numbering system, form, and style of the Bulletin shall be as pre scribed by the Secretary of State but shall contain at least the follow ing:
(1) An index to its contents;
(2) The text of proposed rules or changes to existing rules. When an agency proposes to adopt a new rule or repeal an existing rule, the full text of the rule shall be included. When an agency proposes to change an existing rule, the text of the rule change shall be included along with the text or a summary of the text of the rule being changed at the discretion of the Secretary of State;
(3) The time, place, and manner for interested persons to present their views on the proposed rule or rule change;
(4) Adopted rules which have been filed with the Secretary of State pursuant to subsection (b) of Code Section 50-13-4 of this chapter. The adopted rules may be included by reference to the issue of the Bulletin in which the rule, when proposed, appeared if no change was made in the rule after its publication as a proposed rule. If any change was made in the rule after its publication as a proposed rule, the text of the rule shall be published along with an explanation of the changes which were made;
(5) The text of emergency rules adopted pursuant to subsection jc) of Code Section 50-13-4 of this chapter; and
(6) Other documents or announcements of general public interest which the Secretary of State determines to be important such as ex ecutive orders and proclamations, opinions of the Attorney General, notices of public hearings, invitations for bids for state contracts, and election announcements. Material provided for in this paragraph may be published in full text or summary form, at the discretion of the Secretary of State.
(b) The Secretary of State may accept for publication in the Bulletin rules and proposed rules of agencies exempt from the re quirements of this chapter. For such agencies, publication in the Bulletin shall be in a manner prescribed by the Secretary of State.

THURSDAY, FEBRUARY 11, 1982

393

(c) The Bulletin shall be published by the Secretary of State once during each two calendar weeks' period. The Secretary of State shall charge each agency publishing rules or proposed rules in the Bulletin a space rate computed to cover all publishing and printing costs related to the Bulletin.
50-13-6. (a) Each rule except emergency rules, shall become effec tive upon its publication as an adopted rule in the Bulletin as required by paragraph (4) of subsection (a) of Code Section 50-13-5 of this chapter, unless another statute or the terms of the rule itself require it to become effective at a later date.
(b) The Secretary of State shall prescribe rules governing the man ner, form, and style in which proposed and adopted rules shall be prepared for filing, and such rules of the Secretary of State may be in addition to other requirements of this chapter. The Secretary of State may also designate a state agency with printing capacity to which such proposed and adopted rules shall be transmitted and the means of transmittal, which may include the use of word-processing equip ment and other forms of electronic communication. The Secretary of State may refuse to accept for filing any proposed or adopted rule that does not conform to such requirements.
50-13-7. (a) In addition to the Georgia Administrative Bulletin pro vided for by Code Section 50-13-5 of this chapter, the Secretary of State shall compile, index, and publish all effective rules of each agen cy, hereinafter referred to as the 'Rules and Regulations.' The Secretary of State shall cause loose-leaf supplements to the Rules and Regulations to be published monthly. The loose-leaf supplements shall be in a form so that they may be inserted in the appropriate places in the Rules and Regulations.
(b) The Secretary of State, in his discretion, may omit from the Bulletin required by Code Section 50-13-5 of this chapter and from the Rules and Regulations proposed rules and adopted rules, respectively, if their publication would be unduly cumbersome, expensive, or otherwise inexpedient, if the omitted proposed or adopted rules are made available in printed or processed form on application to the adopting agency, and if the Bulletin and Rules and Regulations con tain a notice stating in detail the subject matter of the omitted pro posed or adopted rule and how copies thereof may be obtained.
(c) The Rules and Regulations and supplements thereto and the Bulletin shall be made available by the Secretary of State upon request free of charge to each official, institution, and agency authorized to receive Georgia Session Laws pursuant to Code Section 50-11-10. Any person may subscribe to the Rules and Regulations or to the Bulletin, or both, by making application therefor to the Secretary of State and paying a subscription fee to be determined by the Secretary of State.
(d) Supplements to the Rules and Regulations shall be compiled from newly adopted rules and regulations and from newly adopted amendments to or repeals of existing rules and regulations. The numbering system, form, and style established by rules of the Secretary of State shall be utilized by all agencies in proposing and adopting rules and regulations.

394

JOURNAL OF THE SENATE

(e) The Secretary of State may engage the services of a privately operated editorial and publication firm experienced in the publication of annotated law books to compile, index, and publish the Rules and Regulations and the Bulletin. The Rules and Regulations and the Bulletin shall conform in its arrangement as near as practicable to the Code of this state."
Section 2. This Act shall become effective on November 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Evans of the 37th offered the following amendment:
Amend the substitute to SB 112 offered by the Senate Committee on Governmental Operations by striking on Page 9, lines 14 through 17, the following:
"The Secretary of State shall charge each agency publishing rules or proposed rules in the Bulletin a space rate computed to cover all publishing and printing costs related to the Bulletin."

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

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell 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 Horton Howard Kennedy Kidd Lester Littlefield McGill

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

THURSDAY, FEBRUARY 11, 1982

395

Those not voting were Senators:

Bond Bryant Hill

Holloway (presiding) Hudgins Hudson

Land Timmons Wessels

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

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

SB 461. By Senator Barker of the 18th:
A bill to amend Code Chapter 27-30, providing for restitution by criminal offenders to their victims, as amended, so as to provide bonding re quirements in certain cases where restitution is ordered; to provide for liens, cancellation, and forfeiture of such bonds.

The Senate Committee on Special Judiciary offered the following substitute to SB 461:
A BILL
To be entitled an Act to amend Code Chapter 27-30, providing for restitution by criminal offenders to their victims, as amended, so as to provide bonding requirements in certain cases where restitution is ordered; to provide for liens, cancellation, and forfeiture of such bonds; to provide for other matters relative to the foregoing; to amend the Of ficial Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 27-30, providing for restitution by criminal offenders to their victims, as amended, is hereby amended by adding be tween Code Sections 27-3015 and 27-3016 a new Code Section 27-3015.1 to read as follows:
"27-3015.1. Bond required, (a) Any offender ordered to make restitution under this Code chapter shall post with the ordering authority a bond as an additional prior condition for the offender's be ing given a suspended or probated sentence or being paroled or granted conditional release, provided, if the ordering authority deter mines that the offender has no means by which to post the bond, restitution may be ordered without the requirement of a bond. The bond shall be for the performance of restitution as ordered and shall be made payable to the state for the benefit of the victim. The bond shall be in an amount equal to the monetary amount of restitution

396

JOURNAL OF THE SENATE

ordered. The bond amount may be reduced, upon application of the surety, if the governing authority orders the monetary amount of restitution to be reduced.
(b) Bond required by this Code section may be provided by a sure ty bond executed by the offender's giving proof of bond with a surety company duly authorized to do business in this state.
(c) (1) Bond required by this Code chapter may be provided by the offender's giving proof of his ownership, or proof of ownership by one or more individual sureties, of real property within this state. The real property bond shall only be authorized if the offender, his sureties, or both, have an equity in the real property at least equal to the amount of bond.
(2) The ordering authority may not accept any real property bond unless the real property is scheduled in an affidavit attached to the bond. The affidavit shall:
(A) Describe the real property and the title to the real property, in cluding any liens and encumbrances thereon and the amounts thereof;
(B) Set forth the market value of the real property and the value of the interest of the offender, sureties, or both, in the property; and
(C) Show that duplicate original of the bond and affidavit has been recorded in the office of the clerk of the superior court where deeds are admitted to record in the county where the real property is located.
(3) The bond and affidavit shall:
(A) Be recorded in the same book in which are recorded bonds under Code Section 68C-307.1, as now or hereafter amended;
(B) Be approved by the clerk in the same manner as a supersedeas bond is approved; and
(C) Require for their recording and approval by the clerk of the superior court a fee of $2.50.
(4) Upon being recorded, the bond shall constitute a lien upon the real property of the principal and his sureties in favor of the State of Georgia for the use of the victim.
(5) After cancelling a real property bond and upon request of the sureties, the ordering authority shall furnish a certificate of cancella tion to the sureties. If a bond secured by the offender's ownership of real property is cancelled pursuant to paragraph (1) of subsection (d) of this Code section, upon request of the offender, the ordering authority shall furnish the offender a certificate of cancellation. Not withstanding any other law to the contrary, a certificate of cancella tion may be filed and recorded in the office of the clerk of the superior court in which the bond was recorded. Upon the filing and recorda-

THURSDAY, FEBRUARY 11, 1982

397

tion of the certificate, the lien of the bond shall be discharged on the real property of those persons entitled to be furnished the certificate. The cost of the filing and recordation shall be on those persons whose interest in the real property has been relieved from the lien of the bond.
(d) The ordering authority shall cancel a bond under this Code sec tion upon proof by the sureties on the bond that the bond is no longer required under this subsection. The ordering authority shall cancel a bond, under this Code section, in which the offender's interest con stitutes security for the bond only when the bond is no longer re quired under paragraph (1) of this subsection. A bond will no longer be required when:
(1) Restitution has been made as ordered in the latest restitution order, whether the original order or a subsequent modification; or
(2) The offender dies; or
(3) The offender is incarcerated or, in the case of a juvenile, is returned to detention.
(e) An action to forfeit an uncancelled bond under this Code sec tion may be brought upon a showing that an offender's restitution payment for a period of four weeks immediately preceding the filing of the action has been less than 50 percent of that required for such period by the restitution order. Such an action may be brought by the Attorney General in the name of the state and for the benefit of the victim, or may be brought by the victim in the name of the state for the benefit of the victim. An action brought by the victim shall be at the sole expense of the victim.
(f) Any party authorized to bring an action under subsection (e) may proceed against any or all parties to the bond at law, for a judg ment, or in equity, for a decree and foreclosure of the lien of the bond on the real property of the sureties. The proceeding, whether at law or in equity, may be against any or all of the parties to the bond. When less than all the parties are joined, others may be impleaded in the same proceeding. After final judgment or decree, other proceedings may be instituted against sureties on the bond until full satisfaction is obtained.
(g| A party authorized to bring an action to forfeit a bond under subsection (e) may recover no more than the amount of restitution specified in the latest restitution order, less any amounts paid toward satisfaction of such order."
Part 2
Section 2. Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated is amended by adding immediately following Code Section 17-14-15 a new Code Section 17-14-15.1 to read as follows:

398

JOURNAL OF THE SENATE

"17-14-15.1. (a) Any offender ordered to make restitution under this chapter shall post with the ordering authority a bond as an addi tional prior condition for the offender's being given a suspended or probated sentence or being paroled or granted conditional release, provided, if the ordering authority determines that the offender has no means by which to post the bond, restitution may be ordered without the requirement of a bond. The bond shall be for the perfor mance of restitution as ordered and shall be made payable to the state for the benefit of the victim. The bond shall be in an amount equal to the monetary amount of restitution ordered. The bond amount may be reduced, upon application of the surety, if the governing authority orders the monetary amount of restitution to be reduced.
(b) Bond required by this Code section may be provided by a sure ty bond executed by the offender's giving proof of bond with a surely company duly authorized to do business in this state.
(c) (1) Bond required by this chapter may be provided by the of fender's giving proof of his ownership, or proof of ownership by one or more individual sureties, of real property within this state. The real property bond shall only be authorized if the offender, his sureties, or both, have an equity in the real property at least equal to the amount of bond.
(2) The ordering authority may not accept any real property bond unless the real property is scheduled in an affidavit attached to the bond. The affidavit shall:
(A) Describe the real property and the title to the real property, in cluding any liens and encumbrances thereon and the amounts thereof;
(B) Set forth the market value of the real property and the value of the interest of the offender, sureties, or both, in the property; and
(C) Show that a duplicate original of the bond and affidavit has been recorded in the office of the clerk of the superior court where deeds are admitted to record in the county where the real property is located.
(3) The bond and affidavit shall:
(A) Be recorded in the same book in which are recorded bonds under Code Section 40-9-38, as now or hereafter amended;
(B) Be approved by the clerk in the same manner as a supersedeas bond is approved; and
(C) Require for their recording and approval by the clerk of the superior court a fee of $2.50.
(4) Upon being recorded, the bond shall constitute a lien upon the real property of the principal and his sureties in favor of the State of Georgia for the use of the victim.

THURSDAY, FEBRUARY 11, 1982

399

(5) After cancelling a real property bond and upon request of the sureties, the ordering authority shall furnish a certificate of cancella tion to the sureties. If a bond secured by the offender's ownership of real property is cancelled pursuant to paragraph (1) of subsection (d) of this Code section, upon request of the offender, the ordering authority shall furnish the offender a certificate of cancellation. Not withstanding any other law to the contrary, a certificate of cancella tion may be filed and recorded in the office of the clerk of the superior court in which the bond was recorded. Upon the filing and recordation of the certificate, the lien of the bond shall be discharged on the real property of those persons entitled to be furnished the certificate. The cost of the filing and recordation shall be on those persons whose interest in the real property has been relieved from the lien of the bond.
(d) The ordering authority shall cancel a bond under this Code sec tion upon proof by the sureties on the bond that the bond is no longer required under this subsection. The ordering authority shall cancel a bond, under this Code section, in which the offender's interest con stitutes security for the bond only when the bond is no longer re quired under paragraph (1) of this subsection. A bond will no longer be required when:
(1) Restitution has been made as ordered in the latest restitution order, whether the original order or a subsequent modification; or
(2) The offender dies; or
(3) The offender is incarcerated or, in the case of a juvenile, is returned to detention.
(e) An action to forfeit an uncancelled bond under this Code sec tion may be brought upon a showing that an offender's restitution payment for a period of four weeks immediately preceding the filing of the action has been less than 50 percent of that required Tor such period by the restitution order. Such an action may be brought by the Attorney General in the name of the state and for the benefit of the victim, or may be brought by the victim in the name of the state for the benefit of the victim. An action brought by the victim shall be at the sole expense of the victim.
(f) Any party authorized to bring an action under subsection (e) may proceed against any or all parties to the bond at law, for a judg ment, or in equity, for a decree and foreclosure of the lien of the bond on the real property of the sureties. The proceeding, whether at law or in equity, may be against any or all of the parties to the bond. When less than all the parties are joined, others may be impleaded in the same proceeding. After final judgment or decree, other proceedings may be instituted against sureties on the bond until full satisfaction is obtained.
jg) A party authorized to bring an action to forfeit a bond under subsection (e) may recover no more than the amount of restitution specified in the latest restitution order, less any amounts paid toward satisfaction of such order."

400

JOURNAL OF THE SENATE

Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

Bond Bryant Fincher of 54th

Greene Holloway (presiding) Hudson

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

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

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

THURSDAY, FEBRUARY 11, 1982

401

SB 523. By Senator Barnes of the 33rd:
A bill to amend an Act relating to interest rates upon certain bonds and other obligations issued by local governments, authorities, and public corporations so as to eliminate the interest rate ceiling on county and municipal bonds issued pursuant to the "Revenue Bond Law"; to ratify the provisions of said Act; to amend the Official Code of Georgia An notated accordingly; to provide for severability; to provide 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, 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 Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Garner Gillis Greene Horton Howard Kennedy Kidd 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 Bowen Bryant Cobb

Fincher of 54th Hill Holloway (presiding) Hudgins

Hudson Land McKenzie

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. The President resumed the Chair.

402

JOURNAL OF THE SENATE

SB 528. By Senator Kidd of the 25th:
A bill to amend an Act providing minimum salaries for sheriffs to be paid from county funds, as amended, so as to provide adequate compensation for the sheriffs of the state; to change the minimum salaries provided by this Act.

The Senate Committee on Governmental Operations offered the following substitute to SB 528:

A BILL

To be entitled an Act to amend an Act providing minimum salaries for sheriffs to be paid from county funds, approved April 2, 1971 (Ga. L. 1971, p. 380), as amended, so as to provide adequate compensation for the sheriffs of the state; to change the minimum salaries provided by this Act; to change the provisions relating to longevity increases; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Parti

Section 1. An Act providing minimum salaries for sheriffs to be paid from county funds, approved April 2, 1971 (Ga. L. 1971, p. 380), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. Any other provisions of law to the contrary not withstanding, the minimum annual salary of each sheriff in the State of Georgia shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1980 or any future such census. Each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population 0- 5,999
6,000- 11,999 12,000- 19,999 20,000-- 29,999 30,000-- 39,999 40,000- 49,999 50,000- 99,999

Minimum Salary $16,000 19,840 22,784 25,088 27,392 29,696 32,000

THURSDAY, FEBRUARY 11, 1982

403

100,000-199,999 200,000-299,999 300,000-and up

34,176 36,608 42,608."

Section 2. Said Act is further amended by striking in its entirety Sec tion 2, which reads as follows:
"Section 2. The amounts provided in Section 1 of this Act shall be increased by five percent for each four-year term of office served by any sheriff, figured at the end of each such period of service. Such in crease shall not have retroactive effect, except that the current term of sheriffs presently in office shall be counted for determining the ap propriate salary under this Section. This Act shall not be construed to reduce the salary of any sheriff presently in office. The minimum salaries provided for in this Act shall be considered as salary only. Ex penses for deputies, equipment, supplies, copying equipment and other necessary and reasonable expenses for the operation of a sheriff's office shall come from funds other than the funds specified as salary in this Act.'',
and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The amounts provided in Section 1 shall be increased by 5 percent for each four-year term of office served by any sheriff, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term of sheriffs in office on July 1, 1982, shall be counted for determining the appropriate salary under this Act. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputies, equipment, sup plies, copying equipment, and other necessary and reasonable ex penses for the operation of a sheriff's office shall come from funds other than the funds specified as salary in this Act."
Part 2
Section 3. Chapter 16 of Title 15 of the Official Code of Georgia An notated, relating to sheriffs, is amended by striking Code Section 15-16-20 in its entirety and inserting in lieu thereof a new Code Section 15-16-20 to read as follows:

"15-16-20. (a) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed ac cording to the population of the county in which he serves, as deter mined by the United States decennial census of 1980 or any future such census. Each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0- 5,999. ................................ $16,000.00

6,000- 11,999. ................................ 19,840.00

12,000- 19,999. ................................ 22,784.00

404

JOURNAL OF THE SENATE

20,000- 29,999. ................................ 25,088.00
30,000-- 39,999. ................................ 27,392.00
40,000- 49,999. ................................ 29,696.00
50,000- 99,999. ................................ 32,000.00
100,000-199,999. ................................ 34,176.00
200,000-299,999. ................................ 36,608.00
300,000--and up ................................. 42,608.00
(b) The amounts provided in subsection (a) of this Code section shall be increased by 5 percent for each four-year term of office serv ed by any sheriff, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term of sheriffs in office on July 1, 1982, shall be counted for determining the appropriate salary under this Code section.
(c) The minimum salaries provided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, sup plies, copying equipment, and other necessary and reasonable ex penses for the operation of a sheriff's office shall come from funds other than the funds specified as salary in this Code section.
(d) This Code section shall not be construed to reduce the salary of any sheriff in office on July 1, 1982. All local legislation in effect on Ju ly 1, 1971, or enacted thereafter affecting compensation for sheriffs of the various counties shall be of full force and effect except where the same provides for a salary lower than provided in this Code section, in which event this Code section shall prevail."
Parts
Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senators Allgood of the 22nd, Greene of the 26th and Lester of the 23rd offered the following amendment:

Amend the substitute to SB 528 offered by the Senate Committee on Governmental Operations by adding a new Section five (5) on Page 5 as follows:

THURSDAY, FEBRUARY 11, 1982

405

"Richmond County, Georgia is specifically excluded from any and all provisions of this Act.''
and
by renumbering Section 5 as Section 6.

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

Senators Greene of the 26th, Robinson of the 27th, Hudgins of the 15th and Barnes of the 33rd offered the following amendment:

Amend the substitute to SB 528 offered by the Senate Committee on Governmental Operations by striking on Page 2, line 17, and on Page 4, line 17, the following:
"199,999"
and inserting in lieu thereof the following: "149,999";
and by striking on Page 2, line 18, and on Page 4, line 18, the following: "200,000"
and inserting in lieu thereof the following: "150,000".

On the adoption of the amendment, the yeas were 49, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 42, 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.

406

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bowen 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 Holloway Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

Those voting in the negative were Senators:

Coverdell Land

Thompson

Those not voting were Senators:

Bell

Bond

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Walker Wessels
Tysinger
Fincher of 54th

On the passage of the bill, the yeas were 49, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 528.
SB 552. By Senators Littlefield of the 6th and Hill of the 29th: A bill to amend Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as amended, so as to change the population classifications; to change the minimum salaries of such of ficers; to provide for additional compensation to such officers for collect ing municipal taxes; to provide for other matters relative to the forego ing; to amend the Official Code of Georgia Annotated accordingly.

THURSDAY, FEBRUARY 11, 1982

407

The Senate Committee on Governmental Operations offered the following substitute to SB 552:

A BILL

To be entitled an Act to amend Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as amended, so as to change the population classifications; to change the minimum salaries of such officers; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other pur poses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Parti

Section 1. Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as amended, is amended by strik ing subsections (b) and (c) of said Code section in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:

"(b) Any other.provision of law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commis sioner in each county of the State who is compensated by an annual salary shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1980 or any future such census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population 0- 5,999
6,000- 11,999 12,000- 19,999 20,000- 29,999 30,000- 39,999 40,000- 49,999 50,000- 99,999 100,000-149,999 150,000--199,999 200,000-349,999 350,000-up

Minimum Salary $12,725 $15,840 $17,920 $19,085 $20,675 $23,050 $25,345 $31,000 $33,280 $36,600 $40,100.

(c) In any county in which more than 50 percent of the population of the county, according to the United States Decennial Census of 1980 or any future such census, resides on property of the United

408

JOURNAL OF THE SENATE

States Government which is exempt from taxation by this State, the population of the county for the purpose of subsection (b) shall be deemed to be the total population of the county minus the population of such county which resides on the property of the United States Government."

Part 2

Section 2. Code Section 48-5-183 of the Official Code of Georgia An notated, relating to minimum salaries of tax collectors and tax commis sioners, is amended by striking subsections (b) and (c) of said Code sec tion in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:

"(b) Any other law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner who is com pensated by an annual salary shall be fixed according to the popula tion of the county in which he serves as determined by the United States decennial census of 1980 or any future such census. Each such officer shall receive an annual salary payable in equal monthly in stallments from the funds of the county of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0- 5,999. ................................ $12,725.00

6,000-- 11,999. ................................ 15,840.00

12,000- 19,999. ................................ 17,920.00

20,000-- 29,999. ................................ 19,085.00

30,000- 39,999. ................................ 20,675.00

40,000-- 49,999. ................................ 23,050.00

50,000- 99,999. ................................ 25,345.00

100,000--149,999. ................................ 31,000.00

150,000-199,999. ................................ 33,280.00

200,000-349,999. ................................ 36,600.00

350,000-up ..................................... 40,100.00

jc) In any county in which more than 50 percent of the population of the county, according to the United States decennial census of 1980 or any future such census, resides on property of the United States government which is exempt from taxation by this state, the popula tion of the county for the purpose of subsection (b) of this Code sec tion shall be deemed to be the total population of the county minus the population of such county which resides on property of the United States government."

THURSDAY, FEBRUARY 11, 1982

409

Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senators Lester of the 23rd and Allgood of the 22nd offered the following amendment:

Amend the substitute to SB 552 offered by the Senate Committee on Governmental Operations by adding a new Section four (4) on Page 4 as follows:
"Richmond. County, Georgia is specifically excluded from any and all provisions of this Act."
and
by renumbering Section 4 as Section 5.

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 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 Barnes Bell Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Cobb Deal Dean Eldridge English

Evans Fincher of 52nd Foster Garner Gillis Greene Hill Holloway

410

JOURNAL OF THE SENATE

Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh

Summers Sutton Tate Timmons Trulock Turner Walker Wessels

Those voting in the negative were Senators:

Coverdell Land

Thompson

Those not voting were Senators:

Bond Coleman

Engram

Tysinger Fincher of 54th

On the passage of the bill, the yeas were 48, nays 4.

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

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 552.

SB 560. 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 relative to eligibility and creditable service by providing a time by which applications must be made; to provide for late charges for delinquent contributions; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date.

Senator Kidd of the 25th moved that SB 560 be postponed until Monday, February 15.

On the motion, the yeas were 33, nays 2; the motion prevailed, and SB 560 was postponed until Monday, February 15.

The following resolution of the Senate was read and adopted:

SR 278. By Senator Starr of the 44th: A resolution honoring Miss Anita Griffin.

THURSDAY, FEBRUARY 11, 1982

411

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

SB 567. By Senator Kidd of the 25th:
A bill to create the Executive Probate Judges Council of Georgia; to pro vide for the membership of the council, their qualifications, appoint ment, election, compensation, expenses, terms of office, succession, duties, powers, authority, and responsibilities; to provide for a method of filling vacancies; to amend the Official Code of Georgia Annotated ac cordingly.

The Senate Committee on Governmental Operations offered the following substitute to SB 567:

A BILL
To be entitled an Act to create the Executive Probate Judges Council of Georgia; to provide for the membership of the council, their qualifica tions, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority, and responsibilities; to provide for a method of filling vacancies; to provide for meetings of the council; to provide for officers of the council and their terms; to provide for rules; regulations; practices, and procedures; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. There is established the Executive Probate Judges Council of Georgia. It shall be the duty of the council to advise and coordinate with the Institute of Continuing Judicial Education of Georgia concern ing educational programs for probate judges and probate judges elect, to assist probate judges in improving the operations of the probate courts, and to perform such other duties as may be required by law or requested by judges of the probate courts.
Section 2. (a) The Executive Probate Judges Council of Georgia shall be a legal entity and an agency of the State of Georgia; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source for use in defraying the expenses of the council in carrying out its duties; may adopt and use an official seal; may establish a principal office; may employ such ad ministrative or clerical personnel as may be necessary and appropriate to fulfill its necessary duties; and shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes and duties.

412

JOURNAL OF THE SENATE

(b) The executive council shall require a sufficient bond signed by some surety or guaranty company authorized to do business in this state of any administrative or clerical personnel employed by the council and empowered to handle funds of the council. The premiums on such bonds shall be paid by the council from funds appropriated or otherwise available to the council.
(c) The executive council shall establish such auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the acts and doings of the council and to make a complete report of the same to the General Assembly. The report shall disclose all moneys received by the council and all expenditures made by the council, including ad ministrative expense. He shall also make an audit of the affairs of the council at any time required by a majority of the council or the Governor of the State.
Section 3. (a) The executive council shall be composed of 13 members as follows: three members from the state at large elected by the probate judges at the annual meeting of the County Officers Association for two-year terms and one member from each judicial administrative district who shall be a probate judge of the probate court and elected by the judges of the probate courts within the district for a four-year term; provided, however, that the initial members elected from judicial ad ministrative districts 1,2, and 3 shall serve for two-year terms and the initial members elected from judicial administrative districts 4, 5, and 6 shall serve for three-year terms. All members may succeed themselves except for the three state-at-large members. Successors shall be elected in the same manner as the original members immediately prior to the ex piration of each member's term of office; provided, however, that the state-at-large members shall be elected by the probate judges at the an nual meeting of the County Officers Association which occurs im mediately preceding the expiration of the state-at-large members' terms of office.
(b) In the event a vacancy occurs in the membership of the council as a result of a death, resignation, removal, or failure of reelection as a pro bate judge, the remaining members of the council shall elect a qualified person to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon election.
Section 4. The executive council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council.
Section 5. Notwithstanding any other law, a council member shall not be ineligible to hold the office of judge of the probate court by virtue of his position as a member of the council.

THURSDAY, FEBRUARY 11, 1982

413

Part 2
Section 6. Chapter 9 of Title 15 of the Official Code of Georgia An notated, relating to probate courts is amended by adding immediately following Article 4, a new article to be designated Article 5, to read as follows:
"Article 5
15-9-100. There is established the Executive Probate Judges Coun cil of Georgia. It shall be the duty of the council to advise and coor dinate with the Institute of Continuing Judicial Education of Georgia concerning educational programs for probate judges and probate judges elect, to assist probate judges in improving the operations of the probate courts, and to perform such other duties as may be re quired by law or requested by judges of the probate courts.
15-9-101. (a) The Executive Probate Judges Council of Georgia shall be a legal entity and an agency of the State of Georgia; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source for use in defraying the expenses of the council in carrying out its duties; may adopt and use an official seal; may establish a principal office; may employ such administrative or clerical personnel as may be necessary and appropriate to fulfill its necessary duties; and shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes and duties.
(b) The executive council shall require a sufficient bond signed by some surety or guaranty company authorized to do business in this state of any administrative or clerical personnel employed by the council and empowered to handle funds of the council. The premiums on such bonds shall be paid by the council from funds appropriated or otherwise available to the council.
(c) The executive council shall establish such auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the acts and doings of the council and to make a complete report of the same to the General Assembly. The report shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense. He shall also make an audit of the affairs of the council at any time required by a majority of the council or the Governor of the state.
15-9-102. (a) The executive council shall be composed of 13 members as follows: three members from the state at large elected by the probate judges at the annual meeting of the County Officers Association for two-year terms and one member from each judicial administrative district who shall be a judge of the probate court and elected by the judges of the probate courts within the district for a four-year term; provided, however, that the initial members elected from judicial administrative districts 1, 2, and 3 shall serve for twoyear terms and the initial members elected from judicial ad ministrative districts 4, 5, and 6 shall serve for three-year terms. All

414

JOURNAL OF THE SENATE

members may succeed themselves except for the three state at large members. Successors shall be elected in the same manner as the original members immediately prior to the expiration of each member's term of office; provided, however, that the state-at-large members shall be elected by the probate judges at the annual meeting of the County Officers Association which occurs immediately preceding the expiration of the state-at-large members' terms of of fice.
(b) In the event a vacancy occurs in the membership of the council as a result of a death, resignation, removal, or failure of reelection as a probate judge, the remaining members of the council shall elect a qualified person to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon election.
15-9-104. The executive council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall annually elect a chairman and such other of ficers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the coun cil shall receive no compensation for their services but shall be reim bursed for their actual expenses incurred in the performance of their duties as members of the council.
15-9-105. Notwithstanding any other law, a council member shall not be ineligible to hold the office of judge of the probate court by vir tue of his position as a member of the council."
Parts
Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) (1) Part 2 of this Act shall become effective on November 1, 1982.
(2) Section 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are 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:

THURSDAY, FEBRUARY 11, 1982

415

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 Fincher of 52nd Foster Garner Gillis Hill Holloway Horton Howard Hudgins 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:

Bell Brannon Evans

Fincher of 54th Greene Hudson

Tate 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.

SB 582. By Senator Howard of the 42nd:
A bill to amend Code Section 24-1804, relating to duties of the clerk or judge of the probate court acting as such, as amended, so as to provide for the combining of certain records of the probate court; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

The Senate Committee on Governmental Operations offered the following amendment:

Amend SB 582 by striking on Page 1, line 16 from Section 1 the following:
"well-bound",
and inserting in lieu thereof the following:
"suitable".

416

JOURNAL OF THE SENATE

By striking on Page 1, line 22 from Section 1 the following: "well-bound",
and inserting in lieu thereof the following: "suitable".
By striking on Page 2, line 8 from Section 2 the following: "well-bound",
and inserting in lieu thereof the following: "suitable".
By striking on Page 2, line 13 from Section 2 the following: "well-bound",
and inserting in lieu thereof the following: "suitable".

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Bowen 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 Kidd Land Lester Littlefield McGill McKenzie

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

THURSDAY, FEBRUARY 11, 1982

417

Those not voting were Senators:

Bell Brannon

Fincherof54th Greene

Holloway Hudson

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

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

SB 591. By Senators Lester of the 23rd, Turner of the 8th and Holloway of the 12th:
A bill to amend Code Section 22-608, relating to voting of shares, as amended, so as to provide for the voting of shares of a corporation held by a subsidiary of such corporation in a fiduciary capacity; to amend the Official Code of Georgia Annotated accordingly.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

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

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

Voting in the negative were Senators Ballard and Summers.

418

JOURNAL OF THE SENATE

Those not voting were Senators:

Bell Brannon

Fincher of 54th

Hudson

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

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

The following general bill of the House, having been read the third time, lost and reconsidered on March 23, 1981, committed to the Committee on Industry, Labor and Tourism on January 11, 1982, and favorably reported by the committee,
was put upon its passage:

HB 148. By Representative Beck of the 148th: A bill to define '' self-service storage facilities''. Senate Sponsor: Senator Turner of the 8th.

The Senate Committee on Industry, Labor, and Tourism offered the following substitute to HB 148:

A BILL
To be entitled an Act to define "self-service storage facilities"; to pro vide for a short title; to provide for additional definitions; to provide a lien on all personal property stored at such facilities in favor of the owners thereof; to provide a procedure for the enforcement of such lien; to provide for other matters relative to the foregoing; to amend the Of ficial Code of Georgia Annotated accordingly; to provide for effective dates and for applicability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Short title. This Act shall be known and may be cited as the "Georgia Self-service Storage Facility Act."
Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise:
(1) "Self-service storage facility: means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not a

THURSDAY, FEBRUARY 11, 1982

419

warehouse within the meaning of the Act known as the "Georgia State
Warehouse Act," approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 412), as amended, and the provisions of law relative to bonded public warehousemen shall not apply to the owner of a self-service storage facility.

(2) "Owner" means the owner, operator, lessor or sublessor of a selfservice storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement.

(3) "Occupant" means a person, his sublessee, successor or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.

(4) "Rental agreement" means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility.

(5) "Personal property" means movable property not affixed to land and includes, but is not limited to, goods, merchandise, and household items. It specifically excludes motor vehicles or other property evidenc ed by certificate of title.

(6) "Last known address" means that address provided by the occu pant in the latest rental agreement or the address provided by the occu pant in a subsequent written notice of a change of address.

Section 3. Lien. The owner of a self-service storage facility and his heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor or other charges, present or future, in relation to the personal prop erty and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this Act. The lien provided for in this section is superior to any other lien or security interest except those which are perfected and recorded prior to date of rental agreement in Georgia in the name of the occupant, either in the county of occupant's "last known address" or in the county where the self-service storage facility is located, except any tax lien as otherwise provided by law, and except any lienholder with an interest in the prop erty of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice. The lien attaches as of the date the personal property is brought to the selfservice storage facility.
Section 4. Enforcement of Lien. Provided that it complies with the requirements of this section, owner may enforce its lien without judicial intervention. Owner shall obtain from occupant a written rental agree ment which includes the following language:

This agreement, made and entered into this day of , 19 , by

and between , hereinafter called Owner and , hereinafter called

Occupant, whose last known address is

. For the consideration

hereinafter stated, the Owner agrees to let the Occupant use and occupy

420

JOURNAL OF THE SENATE

a space in the self-service storage facility, known as , situated in the City of , County of , State of Georgia, and more particularly described as follows: Building # , Space # , Size . Said space is to be occupied and used for the purposes specified herein and subject to the conditions set forth for a period of , beginning on the day of
, 19 , and continuing month to month until terminated.
"Space," as used in this agreement, will be that part of the selfservice storage facility as described above. The Occupant agrees to pay the Owner, as payment for the use of the space and improvements thereon, the monthly sum of $ . Monthly installments are payable in advance on or before the first of each month, in the amount of $ , and a like amount for each month thereafter, until the termination of this agreement.
If any monthly installment is not paid by the tenth of the month due, or if any check given in payment is dishonored, Occupant shall be deem ed to be in default.
Occupant further agrees to pay the sum of one month's fees, which shall be used as a clean-up and maintenance fund, and is to be used, if re quired, for the repair of any damage done to the space and to clean up the space at the termination of the agreement. In the event that the space is left in a good state of repair, and in a broom-swept condition, then this amount shall be refunded to the Occupant. However, it is agreed to be tween the parties that the Owner may set off any claims it may have against the Occupant from this fund.
The space named herein is to be used by the Occupant solely for the purpose of storing any personal property belonging to the Occupant. The Occupant agrees not to store any explosives, highly inflammable, or any other goods in the space which would cause danger to the space. The Oc cupant agrees that the property will not be used for any unlawful pur poses and the Occupant agrees not to commit waste, nor alter, nor affix signs on the space, and will keep the space in good condition during the term of this agreement.
OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPER TY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY IN CURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCU PANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF, IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTYDAY PERIOD AFTER DEFAULT. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE TENTH OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE.
For purposes of Owner's lien: "personal property" means movable property, not affixed to land, and includes, but is not limited to, goods, merchandise, and household items and specifically excludes motor vehicles or other property evidenced by certificate of title; "Last known

THURSDAY, FEBRUARY 11, 1982

421

address" means that address provided by the Occupant in the latest ren tal agreement or the address provided by the Occupant in a subsequent written notice of a change of address.

The Owner's lien is superior to any other lien or security interest/ ex cept those which are perfected and recorded prior to date of this rental agreement in Georgia, in the name of the Occupant, either in the county of the Occupant's "last known address" or in the county where the selfservice storage facility is located, except any tax lien as provided by law and except those liens or security interests, of whom the Owner has knowledge through the Occupant's disclosure in this rental agreement or through other written notice. Occupant attests that the personal property in his space(s) is free and clear of all liens and secured interests except for
. The Owner's lien attaches as of the date the personal property is brought to the self-service storage facility.

If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien, provided Owner shall comply with the following procedure:

The Occupant shall be notified in writing by delivery in person or by certified mail to the last known address of Occupant. The Owner also shall notify other parties with superior liens or security interests as defin ed in this rental agreement. Such notice shall be presumed delivered when notice of delivery, failure to accept delivery, or the impossibility of delivery is received by Owner.

Owner's notice to Occupant shall include an itemized statement of

the Owner's claim showing the sum due, at the time of the notice, and

the date when the sum became due. It shall briefly and generally

describe the personal property subject to the lien. The description shall

be reasonably adequate to permit the person(s) notified to identify it, ex

cept that any container included, but not limited to, a trunk, valise, or

box that is locked, fastened, sealed, or tied in a manner which deters im

mediate access to its contents may be described as such without describ

ing its contents. Owner's notice shall notify Occupant of denial of access

to the personal property and provide the name, street address, and

telephone number of the Owner or its designed agent, whom the Occu

pant may contact to respond to this notice. Owner's notice shall demand

payment within a specified time, not less than fourteen (14) days after

delivery of the notice. It shall state that, unless the claim is paid, within

the time stated in the notice, the personal property will be advertised for

public sale to the highest bidder, and will be sold at a public sale to the

highest bidder, at a specified time and place.

'

After the expiration of the time given in Owner's notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the selfservice storage facility, and the number, if any, of the space where the personal property is located, and the name of the Occupant; the time, place, and manner of the public sale. The public sale to the highest bid der shall take place not sooner than fifteen (15) days after the first

422

JOURNAL OF THE SENATE

publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten (10) days before the date of the public sale and in not less than six (6) conspicuous places in the neighborhood where the self-service storage facility is located.
If no one purchases the property at the public sale and if the Owner has complied with the foregoing procedures, the Owner may otherwise dispose of the property and shall notify the Occupant of the action taken. Any sale or disposition of the personal property shall be held at the selfservice storage facility or at the nearest suitable place to where the per sonal property is held or stored.
Before any sale or other disposition of personal property pursuant to this agreement, the Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred, and thereby redeem the personal property and thereafter the Owner shall have no liability to any person with respect to such personal property.
A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the Owner with the requirements of this agreement.
In the event of a sale, the Owner may satisfy his lien from the pro ceeds of the sale. The Owner shall hold the balance of the proceeds, if any, for the Occupant or any notified, secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds shall be disposed of in accordance with the Disposition of Unclaimed Property Act (Acts 1972, pp. 762, 764) Chapter 85-20 and as it may be amended. In no event shall the Owner's liability exceed the proceeds of the sale.
Section 5. Supplemental Nature of Act. Nothing in this Act shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this Act shall be in addition to all other rights allowed by law to a creditor against his debtor.
Section 6. Savings clause, (a) All rental agreements entered into before the effective date of this Act, and not extended or renewed after that date, and the rights and duties and interests flowing from them shall remain valid and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this state.
(b) This Act shall apply to rental agreements entered into or extended or renewed on or after July 1,1982.
Part 2
Section 7. Chapter 4 of Title 10 of the Official Code of Georgia An notated, relating to warehousing, is amended by adding a new Article 5 to read as follows:

THURSDAY, FEBRUARY 11, 1982

423

"ARTICLES
10-4-210. This article shall be known and may be cited as the 'Georgia Self-service Storage Facility Act.'
10-4-211. For purposes of this article, the term:
(1) 'Last known address' means that address provided by the oc cupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address.
(2) 'Occupant' means a person, his sublessee, successor, or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.
(3) 'Owner' means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement.
(4) 'Personal property' means movable property not affixed to land and includes, but is not limited to, goods, merchandise, and household items. It specifically excludes motor vehicles or other prop erty evidenced by certificate of title.
(5) 'Rental agreement' means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility.
(6) 'Self-service storage facility' means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse within the meaning of Article 1 of this chapter known as the 'Georgia State Warehouse Act,' and the provisions of law relative to bonded public warehousemen shall not apply to the owner of a self-service storage facility.
10-4-212. The owner of a self-service storage facility and his heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this ar ticle. The lien provided for in this Code section is superior to any other lien or security interest except those which are perfected and recorded prior to date of rental agreement in Georgia in the name of the occupant, either in the county of occupant's last known address or in the county where the self-service storage facility is located, except any tax lien as otherwise provided by law and except any lienholder with an interest in the property of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice. The lien attaches as of the date the per sonal property is brought to the self-service storage facility.

424

JOURNAL OF THE SENATE

10-4-213. Provided that it complies with the requirements of this Code section, an owner may enforce the lien without judicial in tervention. Owner shall obtain from occupant a written rental agree ment which includes the following language:

This agreement, made and entered into this day of

,

19 , by and between

, hereinafter called Owner and,

hereinafter called Occupant, whose last known address is

. For

the consideration hereinafter stated, the Owner agrees to let the Occu

pant use and occupy a space in the self-service storage facility, known

as, situated in the City of

, County of

, State of Georgia,

and more particularly described as follows: Building # , Space

# , Size . Said space is to be occupied and used for the pur

poses specified herein and subject to the conditions set forth for a

period of, beginning on the day of

, 19 , and continuing

month to month until terminated.

'Space,' as used in this agreement, will be that part of the selfservice storage facility as described above. The Occupant agrees to pay the Owner, as payment for the use of the space and im provements thereon, the monthly sum of $ . Monthly in stallments are payable in advance on or before the first of each month, in the amount of $ , and a like amount for each month thereafter, until the termination of this agreement.

If any monthly installment is not paid by the tenth of the month due, or if any check given in payment is dishonored, Occupant shall be deemed to be in default.

Occupant further agrees to pay the sum of one month's fees, which shall be used as a clean-up and maintenance fund, and is to be used, if required, for the repair of any damage done to the space and to clean up the space at the termination of the agreement. In the event that the space is left in a good state of repair, and in a broom-swept condition, then this amount shall be refunded to the Occupant. However, it is agreed to between the parties that the Owner may set off any claims it may have against the Occupant from this fund.

The space named herein is to be used by the Occupant solely for the purpose of storing any personal property belonging to the Occu pant. The Occupant agrees not to store any explosives or any highly inflammable goods or any other goods in the space which would cause danger to the space. The Occupant agrees that the property will not be used for any unlawful purposes and the Occupant agrees not to commit waste, nor alter, nor affix signs on the space, and will keep the space in good condition during the term of this agreement.

OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PER SONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF, IF NO PAYMENT HAS BEEN RECEIVED FOR A

THURSDAY, FEBRUARY 11, 1982

425

CONTINUOUS THIRTY-DAY PERIOD AFTER DEFAULT. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE TENTH OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE.

For purposes of Owner's lien: 'personal property' means movable property, not affixed to land, and includes, but is not limited to, goods, merchandise, and household items and specifically excludes motor vehicles or other property evidenced by certificate of title; 'Last known address' means that address provided by the Occupant in the latest rental agreement or the address provided by the Occupant in a subsequent written notice of a change of address.

The Owner's lien is superior to any other lien or security interest,

except those which are perfected and recorded prior to date of this

rental agreement in Georgia, in the name of the Occupant, either in

the county of the Occupant's 'last known address' or in the county

where the self-service storage facility is located, except any tax lien as

provided by law and except those liens or security interests of whom

the Owner has knowledge through the Occupant's disclosure in this

rental agreement or through other written notice. Occupant attests

that the personal property in his space(s) is free and clear of all liens

and secured interests except for

. The Owner's lien attaches as

of the date the personal property is brought to the self-service storage

facility.

If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien, provided Owner shall comply with the following procedure:

The Occupant shall be notified in writing by delivery in person or by certified mail to the last known address of Occupant. The Owner also shall notify other parties with superior liens or security interests as defined in this rental agreement. Such notice shall be presumed delivered when notice of delivery, failure to accept delivery, or the impossibility of delivery is received by Owner.

Owner's notice to Occupant shall include an itemized statement of the Owner's claim showing the sum due, at the time of the notice, and the date when the sum became due. It shall briefly and generally describe the personal property subject to the lien. The description shall be reasonably adequate to permit the person(s) notified to iden tify it, except that any container included, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. Owner's notice shall notify Oc cupant of denial of access to the personal property and provide the name, street address, and telephone number of the Owner or its designed agent, whom the Occupant may contact to respond to this notice. Owner's notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice. It shall state that, unless the claim is paid, within the time stated in the notice, the personal property will be advertised for public sale to the highest bidder, and will be sold at a public sale to the highest bidder, at a specified time and place.

426

JOURNAL OF THE SENATE

After the expiration of the time given in Owner's notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: a brief and general description of the per sonal property, reasonably adequate to permit its identification; the address of the self-service storage facility, and the number, if any, of the space where the personal property is located, and the name of the Occupant; and the time, place, and manner of the public sale. The public sale to the highest bidder shall take place not sooner than fif teen (15) days after the first publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten (10) days before the date of the public sale and in not less than six (6) conspicuous places in the neighborhood where the self-service storage facility is located.
If no one purchases the property at the public sale and if the Owner has complied with the foregoing procedures, the Owner may otherwise dispose of the property and shall notify the Occupant of the action taken. Any sale or disposition of the personal property shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored.
Before any sale or other disposition of personal property pursuant to this agreement, the Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred, and thereby redeem the personal property and thereafter the Owner shall have no liability to any person with respect to such personal property.
A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the Owner with the requirements of this agreement.
In the event of a sale, the Owner may satisfy his lien from the pro ceeds of the sale. The Owner shall hold the balance of the proceeds, if any, for the Occupant or any notified, secured interest holder. If not claimed within two years of the date of sale, the balance of the pro ceeds shall be disposed of in accordance with Article 5 of Code Chapter 44-12, the 'Disposition of Unclaimed Property Act.' In no event shall the Owner's liability exceed the proceeds of the sale.
10-4-214. Nothing in this article shall be construed as in any man ner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agree ment. The rights provided by this article shall be in addition to all other rights allowed by law to a creditor against his debtor.
10-4-215. All rental agreements entered into before July 1, 1982, and not extended or renewed after that date, and the rights and duties and interests flowing from them shall remain valid and may be en forced or terminated in accordance with their terms or as permitted by any other statute or law of this state."

THURSDAY, FEBRUARY 11, 1982

427

Part3
Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1,1982.
(c) Part 2 of this Act shall become effective on November 1,1982.
Section 9. All laws and parts of laws in conflict with this Act are 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 Barnes Bowen 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 Hudgins Kennedy Kidd Land 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 Greene.

Those not voting were Senators:

Barker Bell
Bond

Brannon Fincher of 54th

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

Hudson Summers

428

JOURNAL OF THE SENATE

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

The following general resolution of the House was read and put upon its adop tion:

HR 621. By Representative Murphy of the 18th:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on February 12, and to reconvene at 10:00 o'clock A.M. on Monday, February 15.

On the adoption of the resolution, the yeas were 37, nays 0.

The resolution, having received the requisite majority, 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 12:48 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 12, 1982

429

Senate Chamber, Atlanta, Georgia Friday, February 12,1982
Seventeenth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Kennedy of the 4th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Lester of the 23rd moved that the Senate reconsider its action of February 11 in passing the following bill of the Senate:

SB 528. By Senator Kidd of the 25th:
A bill to amend an Act providing minimum salaries for sheriffs to be paid from county funds, as amended, so as to provide adequate compensation for the sheriffs of the state; to change the minimum salaries provided by this Act.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brantley
Brown of 47th Bryant Cobb Coleman
Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 54th Foster Gillis
Holloway Horton Howard Kennedy
Land Lester McGill

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

Those voting in the negative were Senators:

Brannon Garner Greene

Hill Hudgins Kidd

Littlefield Robinson Stephens

430

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard Broun of 46th

Fincher of 52nd Hudson

Timmons

On the motion, the yeas were 42, nays 9; the motion prevailed, and SB 528 was reconsidered and placed at the foot of the Calendar.
Senator Lester of the 23rd moved that the Senate reconsider its action of February 11 in passing the following bill of the Senate:
SB 552. By Senators Littlefield of the 6th and Hill of the 29th: A bill to amend Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as amended, so as to change the population classifications; to change the minimum salaries of such of ficers; to provide for additional compensation to such officers for collect ing municipal taxes; to provide for other matters relative to the fore going; to amend the Official Code of Georgia Annotated accordingly.
On the motion, the yeas were 30, nays 2; the motion prevailed, and SB 552 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 1434. By Representative Parham of the 109th: A bill to create and establish a Small Claims Court of Putnam County.
HB 1438. By Representative Ramsey of the 3rd: A bill to establish the Eton City Court.

FRIDAY, FEBRUARY 12, 1982

431

HB 1440. By Representatives Richardson of the 52nd, Robinson of the 58th, Steinberg of the 46th and others:
A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, so as to change the corporate limits of the City of Decatur, Georgia.

HB 1443. By Representative Hanner of the 130th:
A bill to amend an Act creating a Small Claims Court of Terrell County, so as to change the methods of serving process; to provide for certain costs; to provide for certain fees.

HB 1445. By Representative Cox of the 141st:
A bill to amend an Act amending the Housing Authorities Law and pro viding additional members for a housing authority in each city of this state having a population of not less than 10,800 and not more than 11,200, so as to change such population brackets as a result of the 1980 census; to amend the Official Code of Georgia Annotated accordingly.

HB 1451. ByRepresentativeColemanofthe 118th:
A bill to amend an Act creating a new charter for the Town of Chester, so as to change the corporate limits of such town; to provide for the annexa tion of certain state property.

HB 1452. 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 term of office of the judge of said court.

HB 1453. 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 salary of the sheriff.

HB 1454. By Representatives Hooks of the 116th and Castleberry of the 111th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Sumter County, so as to change the compensation of the tax commissioner.

HB 1455. By Representatives Ramsey of the 3rd, Williams and Foster of the 6th:
A bill to provide for a judge of the Superior Court of Whitfield County to sit as the judge of the Juvenile Court of Whitfield County and hear juvenile cases; to provide for the expiration of the term of office of the judge of the Juvenile Court of Whitfield County who was appointed by the judges of the superior court of said county.

432

JOURNAL OF THE SENATE

HB 1463. By Representative Dover of the llth:
A bill to allocate the proceeds of local sales and use taxes within Habersham County to the Habersham County School District; to provide for adjustments to the ad valorem tax millage rate applicable to the Haber sham County School District.

HB 1471. By Representative Dobbs of the 74th:
A bill to amend an Act incorporating and granting a new charter to the City of Covington, so as to provide that any sale or conveyance of the city cable television system shall first be approved by the qualified voters of the city voting in a special election.

HB 1276. By Representatives Jackson and Wood of the 9th, Castleberry of the 111th and others:
A bill to amend Code Section 68-502, relating to the definition of certain terms pertaining to the regulation of motor contract carriers, so as to pro vide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of corn, soybeans, or soybean meal, or other feed ingredients for livestock or poultry; to amend the Official Code of Georgia Annotated accordingly.

HB 1384. By Representatives Vandiford of the 53rd, Jackson of the 77th, Colbert of the 23rd and others:
A bill to amend Code Chapter 24-28, relating to sheriffs, so as to authorize sheriffs to deposit cash bonds and cash reserves of professional bonds in interest-bearing accounts and to use interest proceeds for opera tion of their departments; to amend the Official Code of Georgia An notated accordingly.

HB 1345. By Representatives Ham of the 80th, Coleman of the 118th, Randall of the 101st and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia An notated, relating to sheriffs, so as to change the provisions relating to the investigation of charges against sheriffs; to provide procedures for suspending sheriffs under certain circumstances.

HB 1283. By Representatives Ramsey of the 3rd, Coleman of the 118th and Hanner of the 130th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia An notated, relating to controlled substances, so as to make it unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter.

FRIDAY, FEBRUARY 12, 1982

433

HB 1302. By Representative Lucas of the 102nd:
A bill to amend Code Chapter 34-4, relating to election superintendents, so as to require the superintendent to furnish copies of certain records to the public; to amend the Official Code of Georgia Annotated accordingly.

HB 1352. By Representatives Elliott of the 49th and Davis of the 45th:
A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, so as to pro vide exceptions to the requirement of filing depositions and other discovery material with the court.

HB 56. By Representatives Steinberg of the 46th, Fuller of the 27th, Holmes of the 39th and others:
A bill to amend Code Chapter 34-6, relating to registration of electors, so as to change certain rules for determining residence of persons desiring to register to vote.

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

HR 591. By Representative Dover of the 11th:
A resolution proposing an amendment to the Constitution so as to authorize the use by the Habersham County School District of the pro ceeds of any local sales and use tax levied within Habersham County.

HR 519. By Representative Wall of the 61st:
A resolution repealing a resolution approving the principle of World Federation.

HR 577. By Representative Jones of the 78th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey by quitclaim deed certain stateowned real property located within Butts County, Georgia, to Butts County, Georgia; to provide for an effective date.

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

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 U.S., and political subdivisions thereof.

434

JOURNAL OF THE SENATE

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

SB 658. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a small claims court in Wilkinson County so as to change the provisions relating to the officer who serves as judge of said court; to provide for the appointment of the judge; to provide for terms of office; to provide procedures in connection therewith.
Referred to Committee on County and Urban Affairs.

SB 659. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the election of commissioners.
Referred to Committee on County and Urban Affairs.

SB 660. By Senators Foster of the 50th, Starr of the 44th, Tate of the 38th and others:
A bill to amend Chapter 7 of Title 20, relating to the Georgia Educational Improvement Council, so as to change the name of said agency to the Legislative Educational Research Council; to provide for other matters relative thereto; to provide an effective date.
Referred to Committee on Education.

SB 661. By Senator Scott of the 43rd:
A bill to amend Code Chapter 26-27, relating to gambling and related criminal offenses, as amended, so as to legalize and regulate operation of certain real estate promotional contests under certain conditions; to pro vide for unlawful real estate promotional contests; to declare crimes and penalties; to provide for civil remedies and for civil enforcement; to pro vide for all related matters; to amend the Official Code of Georgia An notated accordingly.
Referred to Committee on Consumer Affairs.

SB 662. By Senator Lester of the 23rd:
A bill to amend Code Chapter 84-2, known as the "Public Accountancy Act of 1977," as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated according ly; to provide for effective dates.
Referred to Committee on Banking, Finance and Insurance.

FRIDAY, FEBRUARY 12, 1982

435

SB 663. By Senators Holloway of the 12th, Broun of the 46th, Allgood of the 22nd and others:
A bill to amend an Act creating the Revenue Shortfall Reserve so as to provide that a percentage of net revenue collections shall be reserved from state surplus at the end of each fiscal year for the purpose of pro viding the Midyear Adjustment Reserve; to provide for matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Appropriations.

SB 664. By Senator Bryant of the 3rd:
A bill creating a new charter for the Town of Pooler, as amended, so as to extend the corporate limits of the Town of Pooler. Referred to Committee on County and Urban Affairs.

SB 665. By Senator Bryant of the 3rd:
A bill to amend an Act creating a new charter for the town of Pooler, as amended, so as to provide for an addition of one member to the aldermanic board; to provide an increase in salary paid to the mayor and members of the aldermanic board.
Referred to Committee on County and Urban Affairs.

SB 666. By Senator Hudgins of the 15th:
A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, as amended, so as to provide that a person, copartnership, association, trust, corporation, or other legal entity may charge, take, and receive interest and charges at any actuarial rate and amount; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Banking, Finance and Insurance.

SB 667. By Senator Reynolds of the 48th:
A bill to amend Code Section 68A-802, relating to maximum lawful vehi cle speeds, so as to change the maximum lawful vehicle speed in con struction or maintenance areas; to provide for the modification of max imum lawful vehicle speeds; to amend the Official Code of Georgia An notated, Section 40-6-181, relating to maximum lawful vehicle speeds, so as to provide therein for the same change described above; to provide ef fective dates.
Referred to Committee on Transportation.

436

JOURNAL OF THE SENATE

SB 668. By Senator Reynolds of the 48th:
A bill to amend Code Section 95A-962, relating to powers and duties of Department of Transportation enforcement officers, as amended, so as to provide for powers of enforcement and arrest; to provide for orders or proclamations by the Governor; to provide for emergency powers; to redesignate sections; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Transportation.

SR 275. By Senators Summers of the 53rd, Gillis of the 20th, Kidd of the 25th and others:
A resolution calling upon the United States Congress to pass an amend ment to the United States Constitution which would require that the record of all federal judges be reviewed every eight years and that they stand for reelection every eight years or, in the alternative, calling upon the United States Congress to call a constitutional convention for the pur pose of proposing such an amendment.
Referred to Committee on Special Judiciary.

SR 280. By Senator Reynolds of the 48th:
A resolution creating the Duplication of Services and Efficiency and Economy in State Government Study Committee. Referred to Committee on Rules.

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

HB 56. By Representatives Steinberg of the 46th, Fuller of the 27th, Holmes of the 39th and others:
A bill to amend Code Chapter 34-6, relating to registration of electors, so as to change certain rules for determining residence of persons desiring to register to vote.
Referred to Committee on Governmental Operations.

HB 1276. By Representatives Jackson and Wood of the 9th, Castleberry of the 111th and others:
A bill to amend Code Section 68-502, relating to the definition of certain terms pertaining to the regulation of motor contract carriers, so as to pro vide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of corn, soybeans, or soybean meal, or other feed ingredients for livestock or poultry; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Transportation.

FRIDAY, FEBRUARY 12, 1982

437

HB 1283. By Representatives Ramsey of the 3rd, Coleman of the 118th and Hanner of the 130th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia An notated, relating to controlled substances, so as to make it unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter.
Referred to Committee on Public Safety.

HB 1302. By Representative Lucas of the 102nd:
A bill to amend Code Chapter 34-4, relating to election superintendents, so as to require the superintendent to furnish copies of certain records to the public; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Governmental Operations.

HB 1345. By Representatives Ham of the 80th, Coleman of the 118th, Randall of the 101st and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia An notated, relating to sheriffs, so as to change the provisions relating to the investigation of charges against sheriffs; to provide procedures for suspending sheriffs under certain circumstances.
Referred to Committee on Public Safety.

HB 1384. By Representatives Vandiford of the 53rd, Jackson of the 77th, Colbert of the 23rd and others:
A bill to amend Code Chapter 24-28, relating to sheriffs, so as to authorize sheriffs to deposit cash bonds and cash reserves of professional bonds in interest-bearing accounts and to use interest proceeds for opera tion of their departments; to amend the Official Code of Georgia An notated accordingly.
Referred to Committee on Public Safety.

HB 1434. By Representative Parham of the 109th: A bill to create and establish a Small Claims Court of Putnam County.
Referred to Committee on County and Urban Affairs.

HB 1438. By Representative Ramsey of the 3rd:
A bill to establish the Eton City Court. Referred to Committee on County and Urban Affairs.

438

JOURNAL OF THE SENATE

HB 1440. By Representatives Richardson of the 52nd, Robinson of the 58th, Steinberg of the 46th and others:
A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, so as to change the corporate limits of the City of Decatur, Georgia.
Referred to Committee on County and Urban Affairs.

HB 1443. By Representative Hanner of the 140th:
A bill to amend an Act creating a Small Claims Court of Terrell County, so as to change the methods of serving process; to provide for certain costs; to provide for certain fees. Referred to Committee on County and Urban Affairs.

HB 1445. By Representative Cox of the 141st:
A bill to amend an Act amending the Housing Authorities Law and pro viding additional members for a housing authority in each city of this state having a population of not less than 10,800 and not more than 11,200, so as to change such population brackets as a result of the 1980 census; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs.

HB 1451. By Representative Coleman of the 118th:
A bill to amend an Act creating a new charter for the Town of Chester, so as to change the corporate limits of such town; to provide for the annexa tion of certain state property. Referred to Committee on County and Urban Affairs.

HB 1452. 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 term of office of the judge of said court. Referred to Committee on County and Urban Affairs.

HB 1453. 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 salary of the sheriff. Referred to Committee on County and Urban Affairs.

HB 1454. By Representatives Hooks of the 116th and Castleberry of the lllth:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Sumter County, so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 12, 1982

439

HB 1455. By Representatives Ramsey of the 3rd, Williams and Foster of the 6th:
A bill to provide for a judge of the Superior Court of Whitfield County to sit as the judge of the Juvenile Court of Whitfield County and hear juvenile cases; to provide for the expiration of the term of office of the judge of the Juvenile Court of Whitfield County who was appointed by the judges of the superior court of said county.
Referred to Committee on County and Urban Affairs.

HB 1463. By Representative Dover of the llth:
A bill to allocate the proceeds of local sales and use taxes within Habersham County to the Habersham County School District; to provide for adjustments to the ad valorem tax millage rate applicable to the Haber sham County School District.
Referred to Committee on County and Urban Affairs.

HB 1471. By Representative Dobbs of the 74th:
A bill to amend an Act incorporating and granting a new charter to the City of Covington, so as to provide that any sale or conveyance of the city cable television system shall first be approved by the qualified voters of the city voting in a special election.
Referred to Committee on County and Urban Affairs.

HB 1352. By Representatives Elliott of the 49th and Davis of the 45th:
A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, so as to pro vide exceptions to the requirement of filing depositions and other discovery material with the court.
Referred to Committee on Judiciary.

HR 519. By Representative Wall of the 61st:
A resolution repealing a resolution approving the principle of World Federation. Referred to Committee on Rules.

HR 591. By Representative Dover of the 11th:
A resolution proposing an amendment to the Constitution so as to authorize the use by the Habersham County School District of the pro ceeds of any local sales and use tax levied within Habersham County. Referred to Committee on County and Urban Affairs.

440

JOURNAL OF THE SENATE

HR 577. By Representative Jones of the 78th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey by quitclaim deed certain stateowned real property located within Butts County, Georgia, to Butts County, Georgia.
Referred to Committee on Public Utilities.

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

Mr. President:

The Committee on Appropriations 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 475. Do pass. HB 1235. Do pass by substitute. HB 1365. Do pass. HR 303. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President:

The 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 577. Do pass.
Respectfully submitted,
Senator Bond of the 39th District, Chairman

Mr. President:

The 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 601. Do pass by substitute.

FRIDAY, FEBRUARY 12, 1982

441

SB 602. Do pass. HB 1161. Do pass as amended.
Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The 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 631. Do pass. SB 651. Do pass. SB 652. Do pass. SB 653. Do pass. HB 1182. Do pass. HB 1245. Do pass. HB 1250. Do pass as amended. HB 1262. Do pass as amended. HR 540. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:

The 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 532. Do pass by substitute. SB 533. Do pass by substitute. SB 534. Do pass by substitute.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

442 Mr. President:

JOURNAL OF THE SENATE

The Committee on Industry, Labor and Tourism has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 616. Do pass. SB 617. Do pass. SB 618. Do pass. SR 259. Do pass. HB 146. Do not pass. HB 1160. Do pass. HB 1231. Do pass as amended.
Respectfully submitted,
Senator Ballard of the 45th District, Chairman

Mr. President:
The Committee on Offender Rehabilitation 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 218. Do pass by substitute. Respectfully submitted, Senator Kennedy of the 4th District, Chairman

Mr. President:

The 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 632. SB 599. SB 642. SB 643.

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

Respectfully submitted,

Senator Timmons of the 11th District, Chairman

FRIDAY, FEBRUARY 12, 1982

443

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

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.

SB 496. By Senators Howard of the 42nd and Trulock of the 10th:
A bill to provide for the charging of certain fees for certain social services under certain circumstances; to amend the Official Code of Georgia An notated accordingly; to provide effective dates and automatic repeal.

SB 503. By Senators Stephens of the 36th, Allgood of the 22nd, Garner of the 30th and others:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia An notated, relating to probation, so as to provide for community service as a condition of probation; to define certain terms; to provide for com munity service agencies; to provide for offenders who are eligible for community service as a condition of probation; to provide for pro cedures; to provide for court orders; to provide for community service of ficers.

SB 519. By Senators Coverdell of the 40th, Stumbaugh of the 55th and Howard of the 42nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia An notated, relating to drivers' licenses, so as to provide for conditional drivers' licenses for persons 16 or 17 years of age; to provide for the revocation of such conditional drivers' licenses; to change the provisions relating to habitual violaters; to change the provisions relating to the mandatory suspension of drivers' licenses for certain offenses.

SB 531. By Senators Coverdell of the 40th, Scott of the 43rd, Allgood of the 22nd and others:
A bill to amend an Act known as the "Statewide Probation Act", as amended, so as to provide that county probation systems shall become a part of the statewide probation system effective on certain dates and shall be funded as a part of the statewide probation system; to amend the Official Code of Georgia Annotated accordingly.

444

JOURNAL OF THE SENATE

SB 558. By Senator Kidd of the 25th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to prisons, county cor rectional institutions, and prisoners, as amended, so as to provide an in crease in compensation for uniformed officers employed by the Depart ment of Offender Rehabilitation in correctional institutions; to amend the Official Code of Georgia Annotated accordingly.

SB 559. By Senator Thompson of the 32nd:
A bill to amend Code Chapter 68A-9, 68B-3, and 68D-1, so as to change the penalties for driving under the influence of alcohol or drugs; to pro vide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates.

SB 561. By Senators Fincher of the 52nd, Lester of the 23rd, McKenzie of the 14th and others:
A bill to amend Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, so as to provide for the later termina tion of the board and those laws; to amend the Official Code of Georgia Annotated accordingly; to repeal Article 3 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, known as the "Orthotists Practice Act"; to provide for effective dates.

SB 566. By Senators Walker of the 19th, English of the 21st, Fincher of the 52nd and others:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia An notated, relating to sentence and punishment, so as to require the death sentence to be carried out in the county in which the defendant was con victed; to provide for a mobile death chamber distinctively marked; to provide for other matters relative thereto; to provide an effective date.

SB 571. By Senators Land of the 16th, Hill of the 29th and Walker of the 19th:
A bill to amend Code Chapter 27-15, relating to demurrers and special pleas, insanity, and mental incompetency, as amended, so as to change the provisions relating to pleas of insanity; to provide for verdicts of guil ty, but mentally ill, under certain circumstances; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

SB 581. By Senators Howard of the 42nd, Starr of the 44th, Lester of the 23rd and others:
A bill to amend Code Title 88, relating to public health, as amended, so as to provide a new Code chapter establishing a system of community care and services for the elderly; to amend the "Georgia Medical Assistance Act of 1977", as amended, so as to provide for certain actions necessary to obtain reimbursement for community care and services for the elder ly; to amend the Official Code of Georgia Annotated accordingly.

FRIDAY, FEBRUARY 12, 1982

445

SB 584. By Senators Kennedy of the 4th, Gillis of the 20th, English of the 21st and others:
A bill to amend an Act known as the "Georgia Correctional Industries Act", as amended, so as to prohibit the administration from compen sating inmates employed in correctional industries; to change the provi sions relating to the use of funds and earnings derived from correctional industries; to amend the Official Code of Georgia Annotated accordingly.

SB 585. By Senators Kennedy of the 4th, Walker of the 19th, Gillis of the 20th and others:
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, county correctional institutions and prisoners, as amended, so as to provide that earned-time allowances shall not begin to accrue prior to the sentence becoming final; to amend the Official Code of Georgia Annotated accordingly; to provide for effec tive dates.

SB 592. By Senators Fincher of the 52nd and Greene of the 26th:
A bill to amend Code Section 84-602, re-creating the State Board of Podiatry Examiners, as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated accord ingly.

SB 604. By Senators Greene of the 26th, Fincher of the 54th, Brantley of the 56th and others:
A bill to amend Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated accord ingly.

SB 608. By Senator Barnes of the 33rd:
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 du ty of ordinary care; to amend the Official Code of Georgia Annotated ac cordingly; to provide effective dates.

SB 621. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment requirements and inspections of motor vehicles, so as to prohibit the operation or sale of certain motor vehicles whose front windshields or right or left front door windows are covered and treated with certain opaque, tinted, or reflective materials; to pro vide an exception; to provide an effective date.

446

JOURNAL OF THE SENATE

SB 625. By Senators Kennedy of the 4th, Littlefield of the 6th and Bryant of the 3rd:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia An notated, relating to superior courts, so as to increase to three the number of judges of the superior courts of the Atlantic Judicial Circuit; to provide for the initial appointment of such additional judge by the Governor; to provide for the initial term of office of such judge; to provide an effective date.

SB 626. By Senators Gillis of the 20th, Fincher of the 54th, Walker of the 19th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, so as to revise the list of waters classified as trout waters, to specify seasons therefor, and to correct certain typographical errors in the list; to provide for severability; to provide an effective date.

SR 229. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia, to J. P. Stevens and Company, Inc.

SR 239. By Senators Thompson of ihe 32nd and Barnes of the 33rd:
A resolution authorizing and encouraging the Georgia State Patrol to set up roadblocks to check for persons driving under the influence of alcohol.

SR 249. By Senator Littlefield of the 6th:
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 a nonex clusive easement in and to certain state-owned real property situated in the Frederica River, Glynn County, Georgia, to Golden Isles Marina, Inc.

SR 255. By Senators Fincher of the 54th, McGill of the 24th, Gillis of the 20th and others:
A resolution urging Congress to pass certain legislation relative to the death penalty.

HB 931. By Representatives Snow of the 1st and Darden of the 19th:
A bill to amend Code Section 50-127, relating to procedures for habeas corpus relief from court sentences, so as to change the provisions relating to waiver of rights and the effect of waiver on habeas corpus pro ceedings.

FRIDAY, FEBRUARY 12, 1982

447

HB 1109. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend an Act known as the "Georgia Water Quality Control Act," so as to provide for monitoring, recording, and reporting certain in formation regarding the withdrawal of water from surface waters for cer tain irrigation systems.

HB 1110. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend an Act known as the "Groundwater Use Act of 1972," so as to change the provisions relating to exemptions from said Act.

HB 1153. By Representatives Hanner of the 130th, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Code Section 26-2907, relating to exemptions from the provisions of Code Section 26-2901, relating to carrying a concealed weapon, Code Section 26-2902, relating to carrying of deadly weapons at public gatherings; to amend the Official Code of Georgia Annotated ac cordingly.

HB 1192. By Representative Phillips of the 125th:
A bill to amend Code Section 59-704.1, relating to oath of juries on voir dire, so as to provide that the oath may be administered by the judge or the clerk; to amend the Official Code of Georgia Annotated accordingly.

HB 1280. By Representatives Rainey of the 135th, Mullinax of the 69th, Moody of the 138th and others:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general offenses against the public health and morals, so as to make certain activities relating to dogfighting unlawful.

HB 1292. By Representatives Snow of the 1st and Tuten of the 153rd:
A bill to amend an Act relating to mutual aid resource pacts for fire pro tection, so as to change the definition of political subdivisions which are eligible to participate in such pacts; to change the number of political subdivisions which may create such pacts; to amend the Official Code of Georgia Annotated accordingly.

HR 536. By Representative Balkcom of the 140th:
A resolution authorizing the conveyance of an interest in certain real property located in Miller County, Georgia.

448

JOURNAL OF THE SENATE

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 610. By Senator Reynolds of the 48th:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, so as to provide for new and different districts and the election of members therefrom; to provide for a referendum election; 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, the yeas were 49, naysO.

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

SB 611. By Senator Kidd of the 25th:
A bill to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, as amended, 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 49, nays 0.

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

SB 628. By Senator Timmons of the 11th:
A bill to amend an Act creating the Board of Commissioners of Early County, as amended, so as to change the compensation of the county commissioners; to provide an effective date.

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

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

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

FRIDAY, FEBRUARY 12, 1982

449

SB 629. By Senator Timmons of the 11 th:
A bill to amend an Act placing the Clerk of the Superior Court of Seminole County upon an annual salary, as amended, so as to change the authorized compensation of the clerk of the superior court; to provide how the compensation shall be determined; to provide for other matters relative to the foregoing; to provide for interim compensation; to provide an effective date.

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

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

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

SB 630. By Senator Timmons of the 11 th:
A bill to amend an Act providing for the compensation of the Sheriff of Seminole County, as amended, so as to change the authorized compensa tion of the sheriff; to provide how the compensation shall be determined; to provide for other matters relative to the foregoing; to provide for in terim compensation; to provide an effective date.

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

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

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

SB 633. By Senator Reynolds of the 48th:
A bill to amend an Act known as the "Gwinnett County Water and Sewerage Authority Act", as amended, so as to change the provisions relating to the procedures for filling vacancies on the authority.

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

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

450

JOURNAL OF THE SENATE

SB 634. By Senator Reynolds of the 48th:
A bill to amend an Act creating the Gwinnett County Public Facilities Authority, as amended, so as to change the provisions relating to the pro cedures for filling vacancies on the authority.

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

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

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

SB 635. By Senator Reynolds of the 48th:
A bill to amend an Act creating the Gwinnett County Recreation Authori ty, as amended, so as to change the provisions relating to the procedures for filling vacancies on the authority.

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

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

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

SB 636. By Senator Reynolds of the 48th:
A bill to amend an Act creating and establishing an airport authority for Gwinnett County, as amended, so as to change the provisions relating to the procedures for filling vacancies on the authority.

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

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

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

SB 637. By Senator Reynolds of the 48th:
A bill to amend an Act changing certain provisions relating to the Gwin nett Building Authority so as to change the provisions relating to the pro cedures for filling vacancies on the authority.

FRIDAY, FEBRUARY 12, 1982

451

The report 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 1015. By Representatives Chance of the 129th, Triplett of the 128th, Phillips of the 125th and others:
A bill to amend an Act creating a charter for the City of Bloomingdale, so as to include certain additional territory within the corporate limits.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.

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

HB 1147. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to incorporate the Town of Register in the County of Bulloch 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 49, nays 0.

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

HB 1181. By Representatives Hooks of the 116th, Chambless of the 131st, Castleberry of the 111th and others:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia An notated, relating to the terms of superior courts, so as to change the terms of court for Sumter County in the Southwestern Judicial Circuit.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

452

JOURNAL OF THE SENATE

HB 1271. By Representative Cox of the 141st:
A bill to amend an Act creating a small claims court in Decatur County, so as to change the amounts of certain fees charged by 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 49, nays 0.

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

HB 1272. By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the Town of Iron City in the County of Seminole, so as to change the provisions relating to the election of councilmen.

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

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

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

HB 1273. By Representatives Shepard of the 67th, Mostiler and Fortune of the 71st and Ware of the 68th:
A bill to amend an Act establishing the State Court of Coweta County, so as to change the salary of the judge of the state court; to change the salary of the solicitor of the state court.

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

On the passage of the bill, the yeas were 49, naysO.

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

FRIDAY, FEBRUARY 12, 1982

453

HB 1304. By Representative Balkcom of the 140th:
A bill to amend an Act creating a board of commissioners of Miller Coun ty, so as to change the provisions relating to the compensation of the members of the board other than the chairman.

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

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

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

HB 1097. By Representatives Dover of the 11th, Colwell and Twiggs of the 4th and IrvinofthelOth:
A bill to amend an Act providing for an investigator for the District At torney of the Mountain Judicial Circuit, so as to change the compensation of the investigator.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1097:

A BILL
To be entitled an Act to amend an Act providing for an investigator for the District Attorney of the Mountain Judicial Circuit, approved April 17, 1973 (Ga. Laws 1973, p. 837), so as to change the compensation of the investigator; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for an investigator for the District At torney of the Mountain Judicial Circuit, approved April 17, 1973 (Ga. Laws 1973, p. 837), is amended by striking in its entirety subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The District Attorney of the Mountain Judicial Circuit is hereby authorized to employ an investigator for the Mountain Judicial Circuit. The District Attorney shall fix the compensation to be receiv ed by said investigator at a figure not to exceed $15,000.00 per an num. It shall be within the full power and authority of said District At torney during his term of office to designate and name the person who shall be employed as the investigator and to prescribe his duties and assignments and to remove or replace such investigator at will and within his sole discretion. Said investigator shall have the same power to make arrests, to execute and return all criminal warrants and proc-

454

JOURNAL OF THE SENATE

esses and serve as a peace officer and perform the same duties as may be performed by a sheriff. In addition to his salary as herein provided, the investigator shall receive the same mileage allowance for the use of his private motor vehicle in the performance of his official duties as the mileage allowance received by the District Attorney. He shall receive such additional expenses as may be authorized by the District Attorney."
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 repealed.

On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted.

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

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

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

SB 576. By Senators Coleman of the 1st, Wessels of the 2nd and Bryant of the 3rd:
A bill to consolidate the governmental and corporate functions of the Mayor and aldermen of the City of Savannah with the governmental and corporate functions of the Commissioners of Chatham County and ex officio judges; to create a new county-wide government to supersede and replace the governments of the City of Savannah and Chatham County; to provide for a referendum; to provide effective dates; to provide for severability.

Senators Coleman of the 1st, Wessels of the 2nd and Bryant of the 3rd offered the following amendment:

Amend SB 576 by striking on Page 23, the word "The" where it ap pears at the end of line 14, and inserting in lieu thereof the following:
"Except as hereinafter provided in this section, the".
By striking on Page 23, the words and comma "The Commission," where the same appear at the end of line 22 and Page 23, all language ap pearing in lines 23 and 24 and inserting in lieu thereof the following:

FRIDAY, FEBRUARY 12, 1982

455

"That portion of the membership of the Savannah Port Authority heretofore appointed by the Authority shall continue to be so ap pointed, and the provisions of this Section, as it relates to the Savan nah Port Authority, shall apply only to the membership of the Authority heretofore appointed by the governing authorities of the Ci ty of Savannah and Chatham County. The Commission, by ordinance, may change the name of any public authority or commission specified in Section 6-102 of this charter, but no such change in name shall alter, impair, or diminish the powers, duties, rights, obligations, or functions of any such authority or commission as provided by the laws relating to each respective authority or commission."
By adding on Page 68, between lines 4 and 5, a new Section 13-407 to read as follows:
"Section 13-407. Mayor and Aldermen of City of Savannah. If this charter is approved at the referendum provided for in Section 13-501, there shall be no election for the Mayor and Aldermen of the City of Savannah during calendar year 1982, and the Mayor and Aldermen holding office upon the certification of the results of said referendum shall continue to hold office until January 1, 1983."
By striking Appendix A in its entirety and substituting in lieu thereof a new Appendix A to read as follows:
"Appendix A
COMMISSIONER DISTRICTS
The eight commissioner districts of Savannah-Chatham County, Georgia, shall consist of portions of Chatham County as follows:
Commissioner District No. 1
Tract 13
Block 101
Block Groups 2 and 3
Tract 15
Tract 18
Block Group 1
Blocks 201 through 219 and 221 through 226
Tract 19
Block Group 1
Blocks 203 through 209 and 212 through 214
Block Group 3

456

JOURNAL OF THE SENATE

Tract 24 Blocks 101 through 106, 110 through 119, 202 through 212, 215 through 220, 301 through 305, 308 through 316, and 318 through 321
Tract 25 Tract 26
Blocks 106, 107, 117, 118, 201, 208, 209, 216, 301, and 308 through 310
Tract 28 Tract 34
Blocks 404 through 418, 420, 422, 424 through 426, 501 through 508, 511, 512, 515 through 522, and 524 through 530
Tract 40.01 Blocks 530 through 533, 535, and 537 through 540
Tracts 43 through 45 Tract 105
Block Groups 1 and 3 Commissioner District No. 2
Tract 3 Blocks 502 through 505 and 507 through 509 Block Group 6
Tracts 10 and 11 Tract 19
Blocks201, 202, 210, 211, and215 Tracts 20 and 21 Tract 22

FRIDAY, FEBRUARY 12, 1982

457

Blocks 310 through 314, 401, 402, 408 through 411,413, 414, 419, 420, 501 through 509, 514, 601 through 603, and 605 through 611
Tract 26 Blocks 101 through 105, 108 through 116, 202 through 207, 210 through 215, 302 through 307, and 311 through 315
Tract 27 Tract 30
Block Group 1 Tract 36.01
That part of Block 103 within the City of Savannah Blocks 105 through 110, 501 through 508,
and 601 through 610 Tract 37
Blocks 101, 103, 104, and 306 through 313 Tract 101.01
Block Groups 2 and 3 Block 410 That part of Block 411 within the City of Savannah Commissioner District No. 3 Tract 22 Block Groups 1 and 2 Blocks 301 through 309, 403 through 407,
415, 416, 418, 510 through 513, and 612 Tracts 35.01 and 35.02 Tract 36.01

458

JOURNAL OF THE SENATE

That part of Block 101 within the City of Savannah Blocks 111 through 114 Block Groups 2 through 4 Tract 36.02 That part of Block 101 within the City of Savannah Blocks 103 through 109 and 111 Block Groups 2 through 6 Tract 37 Blocks 107 through 116 Block Group 2 Blocks 301 through 305 Tract 38 Tract 39 Blocks 110 through 114, 307 through 321, and 323 Tract 101.02 Blocks 101 through 116, and 119 through 121 That part of Block 122 within the City of Thunderbolt Block Group 2 Blocks 301 through 310, 312, and 313 That part of Block 901 within the City of Thunderbolt Blocks 903 and 921 Commissioner District No. 4 Tract 3 Block Groups 1 through 4 Blocks 501, 506, and 510 through 513 Tracts 3.99, 8, and 9 Tract 13 Blocks 102 through 114

FRIDAY, FEBRUARY 12, 1982

459

Tract 36.01 That part of Block 101 outside the City of Savannah Block 102 That part of Block 103 outside the City of Savannah Block 115
Tract 36.02 That part of Block 101 outside the City of Savannah
Tract 40.02 Blocks 205 through 219 and 233 through 235
Tract 41 Tract 42.02
Block 140 Tract 101.01
Block Group 1 Blocks 401, 405, and 406 That part of Block 411 outside the City of Savannah Tract 102 Blocks 117 and 201 Tract 106.99 Tract 110.01 Blocks 101 through 109, 111 through 113,
201 through 206, 211 through 214 Block Groups 3, 4, 6, and 9 Tracts 110.02 and 111.01 through 111.03 Commissioner District No. 5 Tract 29 Tract 30 Block Groups 2 and 3

460

JOURNAL OF THE SENATE

Tract 34 Block Groups 1 through 3 Blocks 401 through 403, 509, 510, 513, 514, and 523
Tract 39 Blocks 101 through 104, 106 through 109, and 115 through 117 Block Group 2 Blocks 302 through 306
Tract 40.01 Block Groups 1 and 4 Blocks 501 through 507, 509 through 519, 521 through 524, 526, 527, 534, 541, and 542
Tract 40.02 Blocks 201 through 204 and 230 through 232 Block Groups 3 and 5
Tract 42.02 That part of Block 101 outside the City of Vernonberg Blocks 102 through 121, 133, 134, 136, 204 through 206, and 209 through 222
Tract 101.02 That part of Block 122 outside the City of Savannah Blocks 314 through 318 That part of Block 901 outside the City of Thunderbolt Block 902
Tract 102 Blocks 101 through 116, 118 through 121, and 202 through 206

FRIDAY, FEBRUARY 12, 1982

461

Commissioner District No. 6 Tract 42.02 That part of Block 101 within the City of Vernonberg Blocks 122, 123, 138, 139, 201 through 203, 207, and 208 Tracts 42.03 and 42.04 Tract 108.02 Blocks 323 through 329, 401 through 413, 416 through 425, and 427 through 433 Tract 109 Tract 110.01 Blocks 123 through 136, 198, 199, 207 through 209, 215, 220, and 230 through 233
Commissioner District No. 7 Tract 105 Blocks 202, 204 through 209, 215, 903, 905, 910, 911, 913, 914, 916, 917, 920 through 923, 930, 931, and 990 Tracts 106.01 and 106.03 Tract 106.05 That part of Block 304 within the City of Savannah Blocks 816 and 901 through 904 Tracts 107 and 108.01 Tract 108.02 Block Groups 1 and 2 Blocks 301, 302, 304 through 322, 414, 415, and 426 Block Group 9

462

JOURNAL OF THE SENATE

Commissioner District No. 8
Tracts 1, 6.01, 6.02, 12, and 17
Tract 18
Block 220
Tract 23
Tract 24
Blocks 107 through 109, 120, 201, 213, 214,
306, 307, and 317
Tracts 32, 33.01, and 33.02
Tract 105
Blocks 203, 924, 927, 989, and 992 through 998
Tract 106.04
Tract 106.05
Block Groups 1 and 2
Blocks 301 through 303
That part of Block 304 outside the City of Savannah
Blocks 905 through 911,914,916 through
918, and 995 through 998
For the purposes of this Appendix:
(1) The terms Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(3| Any part of Chatham County which is not included in any district described in this subsection shall be included within that district contiguous to such part which contains the least population ac cording to the United States decennial census of 1980 for the State of Georgia."

FRIDAY, FEBRUARY 12, 1982

463

On the adoption of the amendment, the yeas were 49, nays 0, and the amend ment was adopted.

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

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

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

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 Coverdell Deal Dean Eldridge English
Engram

Evans Fincher of 52nd
Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins 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:

Broun of 46th Brown of 47th

Fincher of 54th

Hudson

Senator Brown of the 47th introduced the chaplain of the day, Reverend Samuel Gray, of Hartwell, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 276. By Senators Bell of the 5th and Tysinger of the 41st:
A resolution commending Jimmy Byrne, Ralph Lehman, Jeff Robinson, and Karl Swensen as Eagle Scouts.

464

JOURNAL OF THE SENATE

SR 279. By Senator Reynolds of the 48th: A resolution relative to "We Believe in Marriage Day".

SR 282. By Senators Thompson of the 32nd, Hill of the 29th, Eldridge of the 7th and others:
A resolution congratulating Channel 11 on the program "Epidemic!" and recommending this program to the citizens of Georgia.

SENATE CALENDAR Friday, February 12, 1982 SEVENTEENTH LEGISLATIVE DAY

SB 83. Dangerous Incidents Involving Compressed Gases--assistance (SUBSTITUTE) (Judy-28th)
SB 364. Insurance--new Code chapter on insurance information and privacy protection (SUBSTITUTE) (BF&I-6th)
SB 464. Insurance Code--standard valuation and nonforfeiture laws (SUBSTITUTE) (BF&I-8th)
SB 543. Setoff Debt Collection (income tax refunds)--claimant agency (SUBSTITUTE) (BF&I-9th)
SB 550. Housing Authorities--purchase mortgage loans to finance lowincome housing (SUBSTITUTE) (BF&I-6th)
SB 551. Sheriffs' Retirement--reinstatement certain ones having withdrawn all funds (Ret--6th)
SB 564. Probate Court Judges--require certain initial training (SUBSTITUTE) (GovOp-25th)
HB 84. Doctors as Medical Advisers to Ambulance Service--immunity for certain conduct (SUBSTITUTE) (Judy-28th)
HB 1157. Suspected Arson--fire departments make certain reports (AMENDMENT) (Pub Saf-28th)
HB 1301. Workers' Compensation Law--corporate officers may be exempt (IL&Tou-50th)
SB 528. Sheriffs--provide adequate compensation (SUBSTITUTE) (AMENDMENTS) (Gov Op-25th)
SB 552. Tax Collectors and Commissioners--change population classifica tion for salaries (SUBSTITUTE) (AMENDMENT) (Gov Op-6th)

The following general bill of the Senate, having been read the third time on February 12, 1981, postponed until February 26, 1981, committed on February 26, 1981 to the Committee on Judiciary, and favorably reported by the committee, was put upon its passage:

FRIDAY, FEBRUARY 12, 1982

465

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.

The Senate Committee on Judiciary offered the following substitute to SB 83:

A BILL
To be entitled an Act 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 in cidents involving compressed gases; to provide for exceptions; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 105-18, relating to defenses against torts, as amended, is amended by adding after Code Section 105-1806 a new Code section, to be designated Code Section 105-1807, to read as follows:
"105-1807. (a) Any person who provides assistance upon request of any police agency, fire department, rescue or emergency squad, or any governmental agency in the event of an accident or other emergency involving the use, handling, transportation, transmission, or storage of liquefied petroleum gas, when the reasonably apparent circumstances require prompt decisions and actions, shall not be liable for any civil damages resulting from any act of commission or omission on his part in the course of his rendering such assistance unless such acts or omissions amount to willful or wanton negligence or intentional wrongdoing. Nothing in this Code Section shall be deemed or construed to relieve any person from liability for civil damages: (1) where the accident or emergency referred to above in volved his own facilities or equipment or (2| resulting from any act of commission or omission on his part in the course of providing care or assistance in the normal and ordinary course of conducting his own business or profession, nor shall this section be construed to relieve from liability for civil damages any other tortfeasor not referred to in this Code Section.
(b) Nothing in subsection (a) of this Code Section applies to the rendering of such care, assistance, or advice where the same is rendered for renumeration beyond reimbursement for out-of-pocket expenses in connection therewith, or with the expectation of such remuneration, from the recipient or recipients of such care, assistance, or advice or someone on his or their behalf.

466

JOURNAL OF THE SENATE

(c) Subsection (a) of this Code Section shall not preclude liability for civil damages as the result of gross negligence or intentional misconduct. Reckless, willful, or wanton misconduct shall constitute gross negligence."
Part 2
Section 2. Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia, relating to defenses to tort actions, is amended by adding at the end thereof a new Code Section 51-11-8 to read as follows:
"51-11-8. (a] Any person who provides assistance upon request of any police agency, fire department, rescue or emergency squad, or any governmental agency in the event of an accident or other emergency involving the use, handling, transportation, transmission, or storage of liquefied petroleum gas, when the reasonably apparent circumstances require prompt decisions and actions, shall not be liable for any civil damages resulting from any act of commission or omission on his part in the course of his rendering such assistance unless such acts or omissions amount to willful or wanton negligence or intentional wrongdoing. Nothing in this Code section shall be deemed or construed to relieve any person from liability for civil damages: (1) where the accident or emergency referred to above in volved his own facilities or equipment or (2) resulting from any act of commission or omission on his part in the course of providing care or assistance in the normal and ordinary course of conducting his own business or profession, nor shall this Code section be construed to relieve from liability for civil damages any other tortfeasor not refer red to in this Code section.
(b) Nothing in subsection (a) of this Code section applies to the rendering of such care, assistance, or advice where the same is rendered for remuneration beyond reimbursement for out-of-pocket expenses in connection therewith, or with the expectation of such remuneration, from the recipient or recipients of such care, assistance, or advice or someone on his or their behalf.
(c) Subsection (a) of this Code section shall not preclude liability for civil damages as the result of gross negligence or intentional misconduct. Reckless, willful, or wanton misconduct shall constitute gross negligence."
Part3
Section 3. (a) Except as provided in subsection (c| of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b| Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 12, 1982

467

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 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 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:

Bond Brannon

Hill Holloway

Hudson

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 Starr of the 44th assumed the Chair at the direction of the President.

468

JOURNAL OF THE SENATE

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
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.
The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 364:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, known as "The Georgia Insurance Code," so as to provide for a new chapter relating to insurance information and privacy protection; to provide for legislative intent; to provide for the scope and application of said chapter; to provide for definitions; to regulate the use of pretext interviews; to provide for notice of insurance information practices; to provide for specification of questions designed to obtain in formation for marketing or research purposes; to provide for the context of disclosure authorization forms; to regulate the preparation of in vestigative consumer reports; to provide for access to recorded personal information; to provide for the correction, amendment, or deletion of recorded personal information; to provide for the issuance of reasons for adverse underwriting decisions; to prohibit the disclosure of information concerning previous adverse underwriting decisions; to prohibit adverse underwriting decisions under certain conditions; to provide limitations and conditions concerning the disclosure of certain information; to pro vide for procedures relative to hearings, witnesses, appearances, produc tion of books, and service of process; to provide for service of process for insurance-support organizations; to provide for the issuance of cease and desist reports by the Commissioner and the procedures relative thereto; to provide for judicial review of orders and reports; to provide for in dividual remedies; to provide for unlawful activities; 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. Title 33 of the Official Code of Georgia Annotated, known as "The Georgia Insurance Code," is amended by adding at the end of said title a new chapter, to be designated Chapter 39, to read as follows:
"CHAPTER 39
33-39-1. The purpose of this chapter is to establish standards for the collection, use, and disclosure of information gathered in connec tion with insurance transactions by insurance institutions, agents, or insurance-support organizations; to maintain a balance between the need for information by those conducting the business of insurance and the public's need for fairness in insurance information practices, including the need to minimize intrusiveness; to establish a regulatory

FRIDAY, FEBRUARY 12, 1982

469

mechanism to enable natural persons to ascertain what information is being or has been collected about them in connection with insurance transactions and to have access to such information for the purpose of verifying or disputing its accuracy; to limit the disclosure of informa tion collected in connection with insurance transactions; and to enable insurance applicants and policyholders to obtain the reasons for any adverse underwriting decision.
33-39-2. (a) The obligations imposed by this chapter shall apply to those insurance institutions, agents, or insurance-support organiza tions which, on or after the effective date of this chapter:
(1) In the case of life, health, or disability insurance:
(A) Collect, receive, or maintain information which pertains to natural persons who are residents of this state in connection with in surance transactions; or
(B) Engage in insurance transactions with applicants, individuals, or policyholders who are residents of this state; and
(2) In the case of property or casualty insurance:
(A) Collect, receive, or maintain information in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; or
(B) Engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state.
jb) The rights granted by this chapter shall extend to:
(1) In the case of life, health, or disability insurance, the following persons who are residents of this state:
(A) Natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions; and
(B) Applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions; and
(2) In the case of property or casualty insurance, the following persons:
(A) Natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions in volving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; and
(B) Applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state.

470

JOURNAL OF THE SENATE

jc) For purposes of this Code section, a person shall be considered a resident of this state if the person's last known mailing address, as shown in the records of the insurance institution, agent, or insurancesupport organization, is located in this state.
(d) Notwithstanding subsections (a) and (b) above, this chapter shall not apply to information collected from the public records of a governmental authority and maintained by an insurance institution or its representatives for the purpose of insuring the title to real property located in this state.
33-39-3. As used in this chapter:
(1) 'Adverse underwriting decision' means:
(A) Any of the following actions with respect to insurance transac tions involving insurance coverage which is individually underwrit ten:
(i) A declination of insurance coverage;
(ii) A termination of insurance coverage;
(iii) Failure of an agent to apply for insurance coverage with a specific insurance institution which the agent represents and which is requested by an applicant;
(iv) In the case of a property or casualty insurance coverage:
(I) Placement by an insurance institution or agent of a risk with a residual market mechanism, an unauthorized insurer, or an insurance institution which specializes in substandard risks; or
(II) The charging of a higher rate on the basis of information which differs from that which the applicant or policyholder furnish ed;
(v) In the case of a life, health, or disability insurance coverage, an offer to insure at higher than standard rates; or
(B) Notwithstanding subparagraph (A) above, the following ac tions shall not be considered adverse underwriting decisions but the insurance institution or agent responsible for their occurrence shall nevertheless provide the applicant or policyholder with the specific reason or reasons for their occurrence:
(i) The termination of an individual policy form on a class or state wide basis;
(ii) A declination of insurance coverage solely because such coverage is not available on a class or state-wide basis; or
(iii) The rescission of a policy.

FRIDAY, FEBRUARY 12, 1982

471

(2) 'Affiliate' or 'affiliated' means a person that directly, or in directly through one or more intermediaries, controls, is controlled by, or is under common control with another person.
(3) 'Agent' means any agent, broker, subagent, counselor, ad juster, solicitor, or service representative as defined in Code Sections 33-23-1 and 33-23-40.
(4) 'Applicant' means any person who seeks to contract for in surance coverage other than a person seeking group insurance that is not individually underwritten.
J5] 'Commissioner' means the Insurance Commissioner of the State of Georgia.
(6) 'Consumer report' means any written, oral, or other com munication of information bearing on a natural person's credit wor thiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used in connection with an insurance transaction.
(7) 'Consumer reporting agency' means any person who:
(A) Regularly engages, in whole or in part, in the practice of assemblying or preparing consumer reports for a monetary fee;
(B) Obtains information primarily from sources other than in surance institutions; and
(C) Furnishes consumer reports to other persons.
(8) 'Control' including the term 'controlled by' or 'under common control with,' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a per son, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement ser vices, or otherwise, unless the power is the result of an official posi tion with or corporate office held by the person.
(9) 'Declination of insurance coverage' means a denial, in whole or in part, by an insurance institution or agent of requested insurance coverage.
(10) 'Individual' means any natural person who:
(A) In the case of property or casualty insurance, is a past, present, or proposed named insured or certificate holder;
(B) In the case of life, health, or disability insurance, is a past, present, or proposed principal insured or certificate holder;
(C) Is a past, present, or proposed policyowner;
(D) Is a past or present applicant;

472

JOURNAL OF THE SENATE

(E) Is a past or present claimant; or
(F) Derived, derives, or is proposed to derive insurance coverage under an insurance policy or certificate subject to this chapter.
(11) 'Institutional source' means any person or governmental enti ty that provides information about an individual to an agent, in surance institution, or insurance-support organization other than:
(A) An agent;
(B) The individual who is the subject of the information; or
(C) A natural person acting in a personal capacity rather than in a business or professional capacity.
(12) 'Insurance institution' means any corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, frater nal benefit society, or other person engaged in the business of in surance, including health maintenance organizations, medical service plans, and hospital service plans as defined in Chapters 33-19, 33-18, and 33-21. 'Insurance institution' shall not include agents or insurance support organizations.
(13) 'Insurance-support organization' means:
(A) Any person who regularly engages, in whole or in part, in the practice of assembly or collecting information about natural persons for the primary purpose of providing the information to an insurance institution or agent for insurance transactions, including:
(i) The furnishing of consumer reports or investigative consumer reports to an insurance institution or agent for use in connection with an insurance transaction; or
(ii) The collection of personal information from insurance institu tions, agents, or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation, or material nondisclosure in connection with insurance underwriting or insurance claim activity.
(B) Notwithstanding subparagraph (A) above, the following per sons shall not be considered 'insurance-support organizations' for pur poses of this chapter: agents, government institutions, insurance in stitutions, medical care institutions, and medical professionals.
(14) 'Insurance transaction' means any transaction involving in surance primarily for personal, family, or household needs rather than business or professional needs which entails:
(A) The determination of an individual's eligibility for an in surance coverage, benefit, or payment; or
(B) The servicing of an insurance application, policy, contract, or certificate.

FRIDAY, FEBRUARY 12, 1982

473

(15) 'Investigative consumer report' means a consumer report or portion thereof in which information about a natural person's character, general reputation, personal characteristics, or mode of liv ing is obtained through personal interviews with the person's neighbors, friends, associates, acquaintances, or others who may have knowledge concerning such items of information.
(16) 'Medical-care institution' means any facility or institution that is licensed to provide health care services to natural persons, in cluding but not limited to: health-maintenance organizations, homehealth agencies, hospitals, medical clinics, public health agencies, rehabilitation agencies, and skilled nursing facilities.
(17) 'Medical professional' means any person licensed or certified to provide health care services to natural persons, including but not limited to, a chiropractor, clinical dietitian, clinical psychologist, den tist, nurse, occupational therapist, optometrist, pharmacist, physical therapist, physician, podiatrist, psychiatric social worker, or speech therapist.
(18) 'Medical-record information' means personal information which:
(A) Relates to an individual's physical or mental condition, medical history, or medical treatment; and
(B) Is obtained from a medical professional or medical-care in stitution, from the individual, or from the individual's spouse, parent, or legal guardian.
(19) 'Person' means any natural person, corporation, association, partnership, or other legal entity.
(20) 'Personal information' means any individually identifiable in formation gathered in connection with an insurance transaction from which judgments can be made about an individual's character, habits, avocations, finances, occupation, general reputation, credit, health, or any other personal characteristics. 'Personal information' includes an individual's name and address and 'medical-record information' but does not include 'privileged information.'
(21) 'Policyholder' means any person who:
(A) In the case of individual property or casualty insurance, is a present named insured;
(B) In the case of individual life, health, or disability insurance, is a present policyholder; or
(C) In the case of group insurance which is individually under written, is a present group certificate holder.
(22) 'Pretext interview' means an interview whereby a person, in an attempt to obtain information about a natural person, performs one or more of the following acts:

474

JOURNAL OF THE SENATE

(A) Pretends to be someone he or she is not;
(B| Pretends to represent a person he or she is not in fact representing;
(C| Misrepresents the true purpose of the interview; or
(D) Refuses to identify himself or herself upon request.
(23) 'Privileged information' means any individually identifiable information that:
(A) Relates to a claim for insurance benefits or a civil or criminal proceeding involving an individual; and
(B) Is collected in connection with or in reasonable anticipation of a claim for insurance benefits or civil or criminal proceeding involv ing an individual;
provided, however, information otherwise meeting the requirements of this subsection shall nevertheless be considered 'personal informa tion' under this chapter if it is disclosed in violation of Code Section 33-39-14 of this chapter.
(24) 'Residual market mechanism' means an association, organiza tion, or other entity defined or described in Code Sections 33-9-7, 33-9-8, and 33-9-10.
(25) 'Termination of insurance coverage' or 'termination of an in surance policy' means either a cancellation or nonrenewal of an in surance policy, in whole or in part, for any reason other than the failure to pay a premium as required by the policy.
(26) 'Unauthorized insurer' means an insurance institution that has not been granted a certificate of authority by the Commissioner to transact the business of insurance in this state.
33-39-4. No insurance institution, agent, or insurance-support organization shall use or authorize the use of pretext interviews to ob tain information in connection with an insurance transaction; provid ed, however, a pretext interview may be undertaken to obtain infor mation from a person or institution that does not have a generally or statutorily recognized privileged relationship with the person about whom the information relates for the purpose of investigating a claim where, based upon specific information available for review by the Commissioner, there is a reasonable basis for suspecting criminal ac tivity, fraud, material misrepresentation, or material nondisclosure in connection with the claim.
33-39-5. (a) An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connec tion with insurance transactions as provided below:
(1) In the case of an application for insurance, a notice shall be provided no later than:

FRIDAY, FEBRUARY 12, 1982

475

(A| At the time of the delivery of the insurance policy or certificate when personal information is collected only from the applicant or from public records; or
(B) At the time the collection of personal information is initiated when personal information is collected from a source other than the applicant or public records;
(2) In the case of a policy renewal, a notice shall be provided no later than the policy renewal date, except that no notice shall be re quired in connection with a policy renewal if:
(A| Personal information is collected only from the policyholder or from public records; or
(B) A notice meeting the requirements of this Code section has been given within the previous 24 months;
(3) In the case of a policy reinstatement or change in insurance benefits, a notice shall be provided no later than the time a request for a policy reinstatement or change in insurance benefits is received by the insurance institution, except that no notice shall be required if per sonal information is collected only from the policyholder or from public records;
(b) The notice required by subsection (a) shall be in writing and shall state:
(1) Whether personal information may be collected from persons other than the individual or individuals proposed for coverage;
(2) The types of personal information that may be collected and the types of sources and investigative techniques that may be used to collect such information;
(3) The types of persons identified in paragraphs (2), (3), (4), (5), (6), (9), (11), (12), and (14) of Code Section 33-39-14 of this chapter and the circumstances under which such disclosures may be made without prior authorization; provided, however, only those cir cumstances need be described which occur with such frequency as to indicate a general business practice;
(4) A description of the rights established under Code Sections 33-39-9 and 33-39-10 of this chapter and the manner in which such rights may be exercised; and
(5) That information obtained from a report prepared by an insurance-support organization may be retained by the insurancesupport organization and disclosed to other persons.
(c) In lieu of the notice prescribed in subsection (b), the insurance institution or agent may provide an abbreviated notice informing the applicant or policyholder that:

476

JOURNAL OF THE SENATE

(1) Personal information may be collected from persons other than the individual or individuals proposed for coverage;
(2) Such information as well as other personal or privileged infor mation subsequently collected by the insurance institution or agent may in certain circumstances be disclosed to third parties without authorization;
(3) A right of access and correction exists with respect to all per sonal information collected; and
(4) The notice prescribed in subsection (b) will be furnished to the applicant or policyholder upon request.
(d) The obligations imposed by this Code section upon an in surance institution or agent may be satisfied by another insurance in stitution or agent authorized to act on its behalf.
33-39-6. An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction.
33-39-7. Notwithstanding any other provision of law of this state, no insurance institution, agent, or insurance-support organization may utilize as its disclosure authorization form in connection with in surance transactions a form or statement which authorizes the disclosure of personal or privileged information about an individual to the insurance institution, agent, or insurance-support organization unless the form or statement:
(1| Is written in plain language;
(2) Is dated;
(3) Specifies the types of persons authorized to disclose informa tion about the individual;
(4) Specifies the nature of the information authorized to be dis closed;
(5) Names the insurance institution or agent and identifies by generic reference representatives of the insurance institution to whom the individual is authorizing information to be disclosed;
(6) Specifies the purposes for which the information is collected;
(7) Specifies the length of time such authorization shall remain valid, which shall be no longer than:
(A) In the case of authorizations signed for the purpose of collect ing information in connection with an application for an insurance policy, a policy reinstatement or a request for change in policy benefits:

FRIDAY, FEBRUARY 12, 1982

477

(i) Thirty months from the date the authorization is signed if the application or request involves life, health, or disability insurance;
(ii) One year from the date the authorization is signed if the ap plication or request involves property or casualty insurance;
(B) In the case of authorizations signed for the purpose of collect ing information in connection with a claim for benefits under an in surance policy:
(i) The term of coverage of the policy if the claim is for a health in surance benefit;
(ii) The duration of the claim if the claim is not for a health in surance benefit; and
(8) Advises the individual or person authorized to act on behalf of the individual that the individual or the individual's authorized representative is entitled to receive a copy of the authorization form.
33-39-8. (a) No insurance institution, agent, or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction in volving an application for insurance, a policy renewal, a policy reinstatement, or a change in insurance benefits unless the insurance institution or agent informs the individual:
(1) That he or she may request to be interviewed in connection with the preparation of the investigative consumer report; and
(2) That upon a request pursuant to Code Section 33-39-9, he or she is entitled to receive a copy of the investigative consumer report.
(b) If an investigative consumer report is to be prepared by an in surance institution or agent, the insurance institution or agent shall in stitute reasonable procedures to conduct a personal interview re quested by an individual.
(c) If an investigative consumer report is to be prepared by an insurance-support organization, the insurance institution or agent desiring such report shall inform the insurance-support organization whether a personal interview has been requested by the individual. The insurance-support organization shall institute reasonable pro cedures to conduct such interviews, if requested.
33-39-9. (a) If any individual, after proper identification, submits a written request to an insurance institution, agent, or insurancesupport organization for access to recorded personal information about the individual which is reasonably described by the individual and reasonably locatable and retrievable by the insurance institution, agent, or insurance-support organization, the insurance institution, agent, or insurance-support organization shall within 30 business days from the date such request is received:

478

JOURNAL OF THE SENATE

(1) Inform the individual of the nature and substance of such recorded personal information in writing, by telephone, or by other oral communication, whichever the insurance institution, agent, or insurance-support organization prefers;
(2| Permit the individual to see and copy, in person, such recorded personal information pertaining to him or her or to obtain a copy of such recorded personal information by mail, whichever the individual prefers, unless such recorded personal information is in coded form, in which case an accurate translation in plain language shall be pro vided in writing;
(3) Disclose to the individual the identity, if recorded, of those per sons to whom the insurance institution, agent, or insurance-support organization has disclosed such personal information within two years prior to such request and, if the identity is not recorded, the names of those insurance institutions, agents, insurance-support organizations, or other persons to whom such information is normally disclosed; and
(4) Provide the individual with a summary of the procedures by which he or she may request correction, amendment, or deletion of recorded personal information.
(b) Any personal information provided pursuant to subsection (a) above shall identify the source of the information if such source is an institutional source.
(c] Medical-record information supplied by a medical-care institu tion or medical professional and requested under subsection (a), together with the identity of the medical professional or medical care institution which provided such information, shall be supplied either directly to the individual or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurance institution, agent, or insurance-support organization prefers. If it elects to disclose the information to a medical professional designated by the individual, the insurance institution, agent, or insurancesupport organization shall notify the individual, at the time of the disclosure, that it has provided the information to the medical profes sional.
jd) Except for personal information provided under Code Section 33-39-11, an insurance institution, agent, or insurance-support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to individuals.
(e) The obligations imposed by this Code section upon an in surance institution or agent may be satisfied by another insurance in stitution or agent authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information pursuant to a request under subsection (a), an insurance institution, agent, or insurance-support organization may make arrangements with an insurance-support organization or a consumer reporting agency to copy and disclose recorded personal information on its behalf.

FRIDAY, FEBRUARY 12, 1982

479

(f) The rights granted to individuals in this Code section shall ex tend to all natural persons to the extent information about them is col lected and maintained by an insurance institution, agent, or insurance-support organization in connection with an insurance trans action. The rights granted to all natural persons by this subsection shall not extend to information about them that relates to and is col lected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them.
(g) For purposes of this Code section, the term 'insurance-support organization' does not include 'consumer reporting agency'.
33-39-10. (a] Within 30 business days from the date of receipt of a written request from an individual to correct, amend, or delete any recorded personal information about the individual within its posses sion, an insurance institution, agent, or insurance-support organiza tion shall either:
(1) Correct, amend, or delete the portion of the recorded personal information in dispute; or
(2) Notify the individual of:
(A) Its refusal to make such correction, amendment, or deletion;
(B| The reasons for the refusal; and
(C) The individual's right to file a statement as provided in subsec tion (c).
(b) If the insurance institution, agent, or insurance-support organization corrects, amends, or deletes recorded personal informa tion in accordance with paragraph (1) of subsection (a), the insurance institution, agent, or insurance-support organization shall so notify the individual in writing and furnish the correction, amendment, or fact of deletion to:
(1) Any person specifically designated by the individual who may have, within the preceding two years, received such recorded per sonal information;
(2) Any insurance-support organization whose primary source of personal information is insurance institutions if the insurance-support organization has systematically received such recorded personal in formation from the insurance institution within the preceding seven years; provided, however, that the correction, amendment, or fact of deletion need not be furnished if the insurance-support organization no longer maintains recorded personal information about the in dividual; and
(3) Any insurance-support organization that furnished the per sonal information that has been corrected, amended, or deleted.

480

JOURNAL OF THE SENATE

(c) Whenever an individual disagrees with an insurance institu tion's, agent's, or insurance-support organization's refusal to correct, amend, or delete recorded personal information, the individual shall be permitted to file with the insurance institution, agent, or insurancesupport organization:
(1| A concise statement setting forth what the individual thinks is the correct, relevant, or fair information; and
(2| A concise statement of the reasons why the individual disagrees with the insurance institution's, agent's, or insurancesupport organization's refusal to correct, amend, or delete recorded personal information.
(d) In the event an individual files either statement as described in subsection (c) above, the insurance institution, agent, or support organization shall:
(1) File the statement with the disputed personal information and provide a means by which anyone reviewing the disputed personal in formation will be made aware of the individual's statement and have access to it;
(2) In any subsequent disclosure by the insurance institution, agent, or support organization of the recorded personal information that is the subject of disagreement, clearly identify the matter or mat ters in dispute and provide the individual's statement along with the recorded personal information being disclosed; and
(3) Furnish the statement to the persons and in the manner specified in subsection (b) above.
(e) The rights granted to individuals in this Code section shall ex tend to all natural persons to the extent information about them is col lected and maintained by an insurance institution, agent, or insurance-support organization in connection with an insurance trans action. The rights granted to all natural persons by this subsection shall not extend to information about them that relates to and is col lected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them.
(f| For purposes of this Code section, the term 'insurance-support organization' does not include 'consumer reporting agency.'
33-39-11. (a) In the event of an adverse underwriting decision the insurance institution or agent responsible for the decision shall:
(1) Either provide the applicant, policyholder, or individual pro posed for coverage with the specific reason or reasons for the adverse underwriting decision in writing or advise such person that upon writ ten request he or she may receive the specific reason or reasons in writing; and

FRIDAY, FEBRUARY 12, 1982

481

(2) Provide the applicant, policyholder, or individual proposed for coverage with a summary of the rights established under subsection (b) of this Code section and Code Sections 33-39-9 and 33-39-10 of this chapter.
(b) Upon receipt of a written request within 90 business days from the date of the mailing of notice or other communication of an adverse underwriting decision to an applicant, policyholder, or individual pro posed for coverage, the insurance institution or agent shall furnish to such person within 21 business days from the date of receipt of such written request:
(1) The specific reason or reasons for the adverse underwriting decision, in writing, if such information was not initially furnished in writing pursuant to paragraph (1) of subsection (a) of this Code sec tion.
(2) The specific items of personal and privileged information that support those reasons; provided, however:
(A) The insurance institution or agent shall not be required to fur nish specific items of privileged information if it has a reasonable suspicion, based upon specific information available for review by the Commissioner, that the applicant, policyholder, or individual propos ed for coverage has engaged in criminal activity, fraud, material misrepresentation, or material nondisclosure; and
(B) Specific terms of medical-record information supplied by a medical-care institution or medical professional shall be disclosed either directly to the individual about whom the information relates or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the in formation relates, whichever the insurance institution or agent prefers; and
(3) The names and addresses of the institutional sources that sup plied the specific items of information pursuant to paragraph (2) of subsection (b) of this Code section; provided, however, that the identi ty of any medical professional or medical-care institution shall be disclosed either directly to the individual or to the designated medical professional, whichever the insurance institution or agent prefers.
(c) The obligations imposed by this Code section upon an in surance institution or agent may be satisfied by another insurance in stitution or agent authorized to act on its behalf.
(d) When an adverse underwriting decision results solely from an oral request or inquiry, the explanation of reasons and summary of rights required by subsection (a) may be given orally.
33-39-12. No insurance institution, agent, or insurance-support organization may seek information in connection with an insurance transaction concerning:

482

JOURNAL OF THE SENATE

(1) Any previous adverse underwriting decision experienced by an individual; or
(2) Any previous insurance coverage obtained by an individual through a residual market mechanism,
unless such inquiry also requests the reasons for any previous adverse underwriting decision or the reasons why insurance coverage was previously obtained through a residual market mechanism.
33-39-13. No insurance institution or agent may base an adverse underwriting decision in whole or in part:
(1) On the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism; provided, however, an in surance institution or agent may base an adverse underwriting deci sion on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision;
(2) On personal information received from an insurance-support organization whose primary source of information is insurance in stitutions; provided, however, an insurance institution or agent may base an adverse underwriting decision on further personal informa tion obtained as the result of information received from such insurance-support organization.
33-39-14. An insurance institution, agent, or insurance-support organization shall not disclose any personal or privileged information about an individual collected or received in connection with an in surance transaction unless the disclosure is:
(1) With the written authorization of the individual, provided:
(A) If such authorization is submitted by another insurance in stitution, agent, or insurance-support organization, the authorization meets the requirement of Code Section 33-39-7 of this chapter; or
(B) If such authorization is submitted by a person other than an insurance institution, agent, or insurance-support organization, the authorization is:
(i) Dated;
(ii) Signed by the individual; and
(iii) Obtained one year or less prior to the date a disclosure is sought pursuant to this subsection; or
(2) To a person other than an insurance institution, agent, or insurance-support organization, provided such disclosure is reasonably necessary:

FRIDAY, FEBRUARY 12, 1982

483

(A) To enable such person to perform a business, professional or insurance function for the disclosing insurance institution, agent, or insurance-support organization and such person agrees not to disclose the information further without the individual's written authorization unless the further disclosure:
(i) Would otherwise be permitted by this Code section if made by an insurance institution, agent, or insurance-support organization; or
(ii) Is reasonably necessary for such person to perform its func tion for the disclosing insurance institution, agent, or insurance- sup port organization; or
(B) To enable such person to provide information to the disclos ing insurance institution, agent, or insurance-support organization for the purpose of:
(i) Determining an individual's eligibility for an insurance benefit or payment; or
(ii) Detecting or preventing criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with an insurance transaction; or
(3) To an insurance institution, agent, insurance-support organization, or self-insurer, provided the information disclosed is limited to that which is reasonably necessary:
(A) To detect or prevent criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with in surance transactions; or
(B) For either the disclosing or receiving insurance institution, agent, or insurance-support organization to perform its function in connection with an insurance transaction involving the individual; or
(4) To a medical-care institution or medical professional for the purpose of:
(A) Verifying insurance coverage or benefits;
(B) Informing an individual of a medical problem of which the in dividual may not be aware; or
(C) Conducting an operations or services audit;
provided only such information is disclosed as is reasonably necessary to accomplish the foregoing purposes; or
(5) To an insurance regulatory authority; or
(6) To a law enforcement or other governmental authority:
(A) To protect the interests of the insurance institution, agent, or insurance-support organization in preventing or prosecuting the perpetration of fraud upon it; or

484

JOURNAL OF THE SENATE

(B) If the insurance institution, agent, or insurance-support organization reasonably believes that illegal activities have been con ducted by the individual; or
(7) Otherwise permitted or required by law; or
(8) In response to a facially valid administrative or judicial order, including a search warrant or subpoena; or
(9) Made for the purpose of conducting actuarial or research studies, provided:
(A) No individual may be identified in any actuarial or research report;
(B) Materials allowing the individual to be identified are returned or destroyed as soon as they are no longer needed; and
(C) The actuarial or research organization agrees not to disclose the information unless the disclosure would otherwise be permitted by this Code section if made by an insurance institution, agent, or insurance-support organization; or
(10) To a party or a representative of a party to a proposed or con summated sale, transfer, merger, or consolidation of all or part of the business of the insurance institution, agent, or insurance-support organization, provided:
(A) Prior to the consummation of the sale, transfer, merger, or consolidation only such information is disclosed as is reasonably necessary to enable the recipient to make business decisions about the purchase, transfer, merger, or consolidation; and
(B) The recipient agrees not to disclose the information unless the disclosure would otherwise be permitted by this Code Section if made by an insurance institution, agent, or insurance-support organization; or
(11) To a person whose only use of such information will be in connection with the marketing of a product or service, provided:
(A) No medical-record information, privileged information, or personal information relating to an individual's character, personal habits, mode of living, or general reputation is disclosed, and no classification derived from such information is disclosed:
(B) The individual has been given an opportunity to indicate to in dicate that he or she does not want personal information disclosed for marketing purposes and has given no indication that he or she does not want the information disclosed; and
(C) The person receiving such information agrees not to use it ex cept in connection with the marketing of a product or service; or

FRIDAY, FEBRUARY 12, 1982

485

(12) To an affiliate whose only use of the information will be in connection with an audit of the insurance institution or agent or the marketing of an insurance product or service, provided the affiliate agrees not to disclose the information for any other purpose or to unaffiliated persons; or
(13) By a consumer reporting agency, provided the disclosure is to a person other than an insurance institution or agent; or
(14) To a group policyholder for the purpose of reporting claims experience or conducting an audit of the insurance institution's or agent's operations or services, provided the information disclosed is reasonably necessary for the group policyholder to conduct the review or audit; or
(15) To a professional peer review organization for the purpose of reviewing the service or conduct of a medical-care institution or medical professional; or
(16) To a governmental authority for the purpose of determining the individual's eligibility for health benefits for which the govern mental authority may be liable; or
(17) To a certificate holder or policyholder for the purpose of pro viding information regarding the status of an insurance transaction; or
(18) To a lienholder, mortgagee, assignee, lessor, or other person shown on the records of an insurance institution or agent as having legal or beneficial interest in a policy of insurance, provided that:
(A) no medical record information is disclosed unless the disclosure would otherwise be permitted by this Code section; and
(B) the information disclosed is limited to that which is reasonably necessary to permit such person to protect its interest in such policy.
33-39-15. (a) The Commissioner shall have power to examine and investigate into the affairs of every insurance institution or agent doing business in this state to determine whether the insurance in stitution or agent has been or is engaged in any conduct in violation of this chapter.
(b) The Commissioner shall have the power to examine and in vestigate into the affairs of every insurance-support organization act ing on behalf of an insurance institution or agent which either trans acts business in this state or transacts business outside this state that has an effect on a person residing in this state in order to determine whether such insurance-support organization has been or is engaged in any conduct in violation of this chapter.
33-39-16. (a) Whenever the Commissioner has reason to believe that an insurance institution, agent, or insurnace-support organization has been or is engaged in conduct in this state which violates this chapter, or if the Commissioner believes that an insurance-support

486

JOURNAL OF THE SENATE

organization has been or is engaged in conduct outside this state which has an effect on a person residing in this state and which violates this chapter, the Commissioner shall issue and serve upon such insurance institution, agent, or insurance-support organization a statement of charges and notice of hearing to be held at a time and placed fixed in the notice. The date for such hearing shall be not less than 30 days after the date of service.
(b) At the time and place fixed for such hearing the insurance in stitution, agent, or insurance-support organization charged shall have an opportunity to answer the charges against it and present evidence on its behalf. Upon good cause shown, the Commissioner shall permit any adversely affected person to intervene, appear, and be heard at such hearing by counsel or in person.
(c) At any hearing conducted pursuant to this Code section, the Commissioner may administer oaths, examine and cross-examine witnesses, and receive oral and documentary evidence. The Commis sioner shall have the power to subpoena witnesses, compel their at tendance, and require the production of books, papers, records, cor respondence, and other documents which are relevant to the hearing. A stenographic record of the hearing shall be made upon the request of any party or at the discretion of the Commissioner. If no stenographic record is made and if judicial review is sought, the Com missioner shall prepare a statement of the evidence for use on review. Hearings conducted under this Code section shall be governed by the same rules of evidence and procedure as set forth in Chapter 33-2.
(d) Statements of charges, notices, orders, and other processes of the Commissioner under this chapter may be served by anyone duly authorized to act on behalf of the Commissioner. Service of process may be completed in the manner provided by law for service of proc ess in civil actions or by registered mail. A copy of the statement of charges, notice, order, or other process shall be provided to the person or persons whose rights under this chapter have been allegedly violated. A verified return setting forth the manner of service, or return postcard receipt in the case of registered mail shall be sufficient proof of service.
33-39-17. For the purpose of this Chapter, an insurance-support organization transacting business outside this state which has an ef fect on a person residing in this state shall be deemed to have ap pointed the Commissioner to accept service of process on its behalf, provided the Commissioner causes a copy of such service to be mailed forthwith by registered mail to the insurance-support organization at its last known principal place of business. The return postcard receipt for such mailing shall be sufficient proof that the same was properly mailed by the Commissioner.
33-39-18. (a) If, after a hearing pursuant to Code Section 33-39-16, the Commissioner determines that the insurance institution, agent, or insurance-support organization charged has engaged in conduct or practices in violation of this chapter, the Commissioner shall reduce his or her findings to writing and shall issue and cause to be served

FRIDAY, FEBRUARY 12, 1982

487

upon such insurance institution, agent, or insurance-support organiza tion a copy of such findings and an order requiring such insurance in stitution, agent, or insurance-support organization to cease and desist from the conduct or practices constituting violation of this chapter.
(b) If, after a hearing pursuant to Code Section 33-39-16, the Com missioner determines that the insurance institution, agent, or insurance-support organization charged has not engaged in conduct or practices in violation of this chapter, the Commissioner shall prepare a written report which sets forth findings of fact and conclusions of law. Such report shall be served upon the insurance institution, agent, or insurance-support organization charged and upon the person or persons, if any, whose rights under this chapter were allegedly violated.
(c) Until the expiration of the time allowed under Code Section 33-39-20 of this chapter for filing a petition for review or until such petition is actually filed, whichever occurs first, the Commissioner may modify or set aside any order or report issued under this Code section. After the expiration of the time allowed under Code Section 33-39-20 of this chapter for filing a petition for review, if no such peti tion has been duly filed, the Commissioner may, after notice and op portunity for hearing, alter, modify, or set aside, in whole or in part, any order or report issued under this Code section whenever condi tions of fact or law warrant such action or if the public interest so re quires.
33-39-19. (a) In any case where a hearing pursuant to Code Sec tion 33-39-16 results in the finding of a knowing violation of this chapter, the Commissioner may, in addition to the issuance of a cease and desist order as prescribed in Code Section 33-39-18, order pay ment of a monetary penalty of not more than $500.00 for each viola tion but not to exceed $10,000.00 in the aggregate for multiple viola tions.
(b) Any person who violates a cease and desist order of the Com missioner under Code Section 33-39-18 of this chapter may, after notice and hearing and upon order of the Commissioner, be subject to one or more of the following penalties, at the discretion of the Com missioner:
(1) A monetary fine of not more than $10,000.00 for each viola tion;
(2) A monetary fine of not more than $50,000.00 if the Commis sioner finds that violations hae occurred with such frequency as to constitute a general business practice; or
(3) Suspension or revocation of an insurance institution's or agent's license.
33-39-20. (a) Any person subject to an order of the Commissioner under Code Section 33-39-18 or Code Section 33-39-19 or any person whose rights under this chapter were allegedly violated may obtain a review of any order or report of the Commissioner by filing in the

488

JOURNAL OF THE SENATE

superior court of Fulton County, within 30 days from the date of the service of such order or report, a written petition requesting that the order or report of the Commissioner be set aside. A copy of such peti tion shall be simultaneously served upon the Commissioner, who shall forthwith certify and file in such court a transcript of the entire record of the proceeding giving rise to the order or report which is the subject of the petition. Upon filing of the petition and transcript the court shall have jurisdiction to make and entire a decree modifying, affirming, or reversing any order or report of the Commissioner, in whole or in part. The findings of the Commissioner as to the facts sup porting any order or report, if supported by any evidence, shall be conclusive.
(b) To the extent an order or report of the Commissioner is affirm ed, the court shall issue its own order commanding obedience to the terms of the order or report of the Commissioner. If any party affected by an order or report of the Commissioner shall apply to the court for leave to produce additional evidence and shall show to the satisfac tion of the court that such additional evidence is material and that there are reasonable grounds for the failure to produce such evidence in prior proceedings, the court may order such additional evidence to be taken before the Commissioner in such manner and upon such terms and conditions as the court may deem proper. The Commis sioner may modify his or her findings of fact or make new findings by reason of the additional evidence so taken and shall file such modified or new findings along with any recommendation, if any, for the modification or revocation of a previous order or report. If supported by clear and convincing evidence, the modified or new findings shall be conclusive as to the matters contained therein.
(c) An order or report issued by the Commissioner under Code Sections 33-39-18 or 33-39-19 shall become final:
(1) Upon the expiration of the time allowed for the filing of a peti tion for review, if no such petition has been duly filed except that the Commissioner may modify or set aside an order or report to the extent provided in subsection (c) of Code Section 33-39-18; or
(2) Upon a final decision of the superior court if it directs that the order or report of the Commissioner be affirmed or the petition for review dismissed.
(d) No order or report of the Commissioner under this chapter or order of the court to enforce the same shall in any way relieve or ab solve any person affected by such order or report from any liability under any law of this state.
33-39-21. (a) If any insurance institution, agent, or insurancesupport organization fails to comply with Code Sections 33-39-9, 33-39-10, or 33-39-11 of this chapter with respect to the rights granted under those Code sections, any person whose rights are violated may apply to any superior court of this state, having jurisdiction over the defendant, for appropriate equitable relief.

FRIDAY, FEBRUARY 12, 1982

489

(b) An insurance institution, agent, or insurance-support organization which discloses information in violation of Code Section 33-39-14 of this chapter shall be liable for damages sustained by the individual about whom the information relates; provided, however, that no individual shall be entitled to a monetary award which ex ceeds the actual damages sustained by the individual as a result of a violation of Code Section 33-39-14 of this chapter.
(c) In any action brought pursuant to this Code section, the court may award the cost of the action and reasonable attorney's fees to the prevailing party.
(d) An action under this Code section must be brought within two years from the date the alleged violation is or should have been discovered.
je) Except as specifically provided in this Code section, there shall be no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provision of this chapter.
33-39-22. No cause of action in the nature of defamation, inva sion of privacy, or negligence shall arise against any person for disclosing personal or privileged information in accordance with this chapter, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurance institu tion, agent, or insurance-support organization; provided, however, this Code section shall provide no immunity for disclosing or fur nishing false information with malice or willful intent to injure any person.
33-39-23. Any person who knowingly and willfully obtains infor mation about an individual from an insurance institution, agent, or insurance-support organization under false pretenses shall be guilty of misdemeanor."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall 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 November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

490

JOURNAL OF THE SENATE

Senator Greene of the 26th offered the following amendment:

Amend the substitute to SB 364 offered by the Senate Committee on Banking, Finance and Insurance by striking on Page 8, lines 8, 9, 10 and 11 in their entirety and inserting in lieu thereof the following:
"business of insurance, including medical service corporations, hospital service corporations, health care plans and health maintenance organizations as defined in Chapters 33-18, 33-19, 33-20, and 33-21. 'Insurance institution' shall not".

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 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 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 Kennedy Kidd Land Lester

Those not voting were Senators:

Bond Hudgins

Hudson Starr (presiding)

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

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

FRIDAY, FEBRUARY 12, 1982

491

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

SB 464. By Senators Turner of the 8th and Wessels of the 2nd:
A bill to amend Code Title 56, known as the Georgia Insurance Code, so as to amend the standard valuation and nonforfeiture laws; to provide an effective date.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 464:

A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to amend the standard valuation and nonforfeiture provisions; 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. Title 33 of the Official Code of Georia Annotated, known as the "Georgia Insurance Code," is amended by striking in its entirety Code Section 33-10-13, relating to valuation of life insurance policies, and substituting in lieu thereof a new Code Section 33-10-13, to read as follows:
"33-10-13. (a) This Code section shall be known as the 'Standard Valuation Law.'
(b) The Commissioner shall annually value or cause the insurer to value the reserve liabilities, hereinafter called reserves, for all outstanding life insurance policies and annuity and pure endowment contracts of every life insurer doing business in this state and may cer tify the amount of the reserves specifying the mortality table or tables, rate or rates of interest, and methods, net level premium method or others, used in the calculation of the reserves. In the case of an alien insurer, such valuation shall be limited to its insurance transactions in the United States. In calculating such reserves, the Commissioner may use group methods and approximate averages for fractions of a year or otherwise. In lieu of the valuation of the reserves as required by this Code section of any foreign or alien insurer, the Commissioner may accept any valuation made or caused to be made by the insurance supervisory official of any state or other jurisdiction when such valua tion complies with the minimum standard provided by this Code sec tion and if the official of that state or jurisdiction accepts as sufficient and valid for all legal purposes the certificate of valuation of the Com missioner when the certificate states the valuation to have been made in a specified manner according to which the aggregate reserves would be at least as large as if they had been computed in the manner prescribed by the law of that state or jurisdiction.

492

JOURNAL OF THE SENATE

(c) The minimum standard for the valuation of all such policies and contracts issued prior to January 1, 1966, shall be as required under the laws in effect immediately prior to January 1, 1961, or the minimum provided in subsection (d) of this Code section if less.
(d)(l) Except as otherwise provided in paragraphs (2) and (3) through (7) of this subsection, the minimum standards for the valua tion of all life insurance policies and annuity or pure endowment con tracts issued on or after January 1, 1966, shall be the Commissioner's reserve valuation methods defined in subsections (e|, (f), and (j) of this Code section and the following interest rates and tables:
(A) Three and one-half percent interest or, in the case of policies and contracts other than annuity and pure endowment contracts issued on or after July 1, 1973, 4 percent interest for such policies issued prior to July 1, 1979, 5V4 percent interest for single premium life insurance policies, and 4V4 percent interest for all other such policies issued on or after July 1, 1979;
(B) For all ordinary policies of life insurance issued on the stan dard basis, excluding any disability and accidental death benefits in such policies, the Commissioners' 1958 Standard Ordinary Mortality Tables for such policies issued prior to the operative date of subsec tion (e) of Code Section 33-25-4 as amended, except that for any category of such policies issued on female risk modified net premiums and present values, referred to in subsection (e) of this Code section, may be calculated at the insurer's option and with the Commis sioner's approval according to an age not more than six years younger than the actual age of the insured; and for such policies issued on or after the operative date of subsection (e) of Code Section 33-25-4, (i) the Commissioners' 1980 Standard Ordinary Mortality Table or, (ii| at the election of the insurer for any one or more specified plans of life insurance, the Commissioners' 1980 Standard Ordinary Mortality Table with Ten-Year Select Mortality Factors, or (iii) any ordinary mortality table, adopted after 1980 by the National Association of In surance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies;
(C) For all industrial life insurance policies issued on the standard basis, excluding any disability and accidental death benefits in such policies, the 1941 Standard Industrial Mortality Table; for such policies issued prior to the date on which the Commissioners' 1961 Standard Industrial Mortality Table becomes applicable in accordance with subsection (d) of Code Section 33-25-4 and for such policies issued on or after such date the Commissioners' 1961 Standard In dustrial Mortality Table or any industrial mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies;

FRIDAY, FEBRUARY 12, 1982

493

(D) For individual annuity and pure endowment contracts, ex cluding any disability and accidental death benefits in such policies, the 1937 Standard Annuity Mortality Table or, at the option of the in surer, the Annuity Mortality Table for 1949, ultimate, or any modification of either of these tables approved by the Commissioner;
(E) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the Group Annuity Mortality Table for 1951, any modification of such table approved by the Commissioner or, at the option of the insurer, any of the tables or modifications of tables specified for individual an nuity and pure endowment contracts;
(F) For total and permanent disability benefits in or supplemenatry to ordinary policies or contracts, for policies or contracts issued on or after January 1, 1966, the tables of Period 2 disablement rates and the 1930 to 1960 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit or any tables of disablement rates and termination rates, adopted after 1980 by the National Association of Insurance Commis sioners, that are approved by regulation promulgated by the Commis sioner for use in determining the minimum standard of valuation for such policies; for policies or contracts issued prior to January 1, 1966, either such tables or, at the option of the insurer, the Class (3) Disabili ty Table (1926). Any such table shall, for active lives, be combined with a mortality table permitted for calculating the reserves for life in surance policies;
(G| For accidental death benefits in or supplementary to policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table or any accidental death benefits table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies; for policies issued prior to January 1, 1966, either such table or, at the option of the insurer, the Inter-Company Double Indemnity Mortality Table. Either table shall be combined with a mortality table permitted for calculating the reserves for life insurance policies; and
(H) For group life insurance, life insurance issued on the substan dard basis, and other special benefits such tables or appropriate modifications of such tables as may be approved by the Commis sioner as being sufficient with relation to the benefits provided by those policies.
(2) Except as provided in paragraphs (3) through (7), the minimum standard for the valuation of all individual annuity and pure endow ment contracts issued on or after the operative date of this paragraph, as defined herein, and for all annuities and pure endowments pur chased on or after the operative date under group annuity and pure endowment contracts, shall be the Commissioner's reserve valuation methods defined in subsections (e) and (f) of this Code section and the following tables and interest rates:

494

JOURNAL OF THE SENATE

(A) For individual annuity and pure endowment contracts issued prior to July 1, 1979, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table or any modification of this table approved by the Commissioner and 6 percent interest for single premium immediate annuity con tracts and 4 percent interest for all other individual annuity and pure endowment contracts;
(B) For individual single premium immediate annuity contracts issued on or after July 1, 1979, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortali ty Table or any individual annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners that is ap proved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such contracts or any modification of these tables approved by the Commissioner and 7'/2 percent interest;
(C) For individual annuity and pure endowment contracts issued on or after July 1, 1979, other than single premium immediate annuity contracts, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table or any in dividual annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regula tion promulgated by the Commissioner for use in determining the minimum standard of valuation for such contracts or any modifica tion of these tables approved by the Commissioner and 5Vz percent in terest for single premium deferred annuity and pure endowment con tracts and 4Vz percent interest for all other such individual annuity and pure endowment contracts;
(D) For all annuities and pure endowments purchased prior to July 1, 1979, under group annuity and pure endowment contracts, ex cluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table or any modification of this table approved by the Commissioner and 6 per cent interest; and
(E) For all annuities and pure endowments purchased on or after July 1, 1979, under group annuity and pure endowment contracts, ex cluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table or any group annuity mortality table, adopted after 1980 by the National Associa tion of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such annuities and pure en dowments or any modification of these tables approved by the Com missioner and 7% percent interest.
After July 1, 1973, any insurer may file with the Commissioner a written notice of its election to comply with paragraph (2) of subsec tion (d) of this Code section after a specified date before January 1, 1979, which shall be the operative date of said paragraph (2) for such insurer, provided that an insurer may elect a different operative date for individual annuity and pure endowment contracts from that

FRIDAY, FEBRUARY 12, 1982

495

elected for group annuity and pure endowment contracts. If an in surer makes no such election, the operative date of said paragraph for such insurer shall be Jaunary 1, 1979.
(3) The interest rates used in determining the minimum standard for the valuation of:
(A) All life insurance policies issued in a particular calendar year, on or after the operative date of subsection (e) of Code Section 33-25-4;
(B) All individual annuity and pure endowment contracts issued in a particular calendar year on or after Janaury 1, 1983;
(C) All annuities and pure endowments purchased in a particular calendar year on or after January 1, 1983, under group annuity and pure endowment contracts; and
(D) The net increase, if any, in a particular calendar year after January 1, 1983, in amounts held under guaranteed interest contracts
shall be the calendar year statutory valuation interest rates as defined in paragraphs (4) through (7).
(4) The calendar year statutory valuation interest rates, I, shall be determined as follows and the results rounded to the nearer onequarter of 1 percent:
(A) For life insurance:
t = .03 + W(R1 - .03) -I- Vz W(R2 - .09);
(B) For single premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options and from guaranteed interest contracts with cash settlement options:
I = .03 + W(R-.03)
where Rl is the lesser of R and .09, R2 is the greater of R and .09, R is the reference interest rate defined in paragraph (6), and W is the weighting factor defined in paragraph (5);
(C) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on an issue year basis, except as stated in (8) above, the formula for life insurance stated in (A) above shall apply to annuities and guaranteed interest contracts with guarantee durations in excess of ten years and the formula for single premium immediate annuities stated in (B) above shall apply to annuities and guaranteed interest contracts with guarantee duration of ten years or less;
(D) For other annuities with no cash settlement options and for guaranteed interest contracts with no cash settlement options, the for mula for single premium immediate annuities stated in (B) above shall apply;

496

JOURNAL OF THE SENATE

(E) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a change in fund basis, the formula for single premium immediate an nuities stated in (B) above shall apply;

However, if the calendar year statutory valuation interest rate for any life insurance policies issued in any calendar year determined without reference to this sentence differs from the corresponding actual rate for similar policies issued in the immediately preceding calendar year by less than one-half of 1 percent, the calendar year statutory valua tion interest rate for such life insurance policies shall be equal to the corresponding actual rate for the immediately preceding calendar year. For purposes of applying the immediately preceding sentence, the calendar year statutory valuation interest rate for life insurance policies issued in a calendar year shall be determined for 1980 (using the reference interest rate defined for 1979) and shall be determined for each subsequent calendar year regardless of when subsection je) of Code Section 33-25-4 becomes operative.

(5) The weighting factors referred to in the formulas stated above are given in the following tables:

(A) Weighting Factors for Life Insurance:

Guarantee Duration
(Years) 10 or less More than 10, but not more than 20 More than 20

Weighting
Factors .50 .45 .35

For life insurance, the guarantee duration is the maximum number of years the life insurance can remain in force on a basis guaranteed in the policy or under options to convert to plans of life insurance with premium rates or nonforfeiture values or both which are guaranteed in the original policy;

(B) Weighting Factor for single premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options and guaranteed interest contracts with cash settlement options: .80;

(C) Weighting factors for other annuities and for guaranteed in terest contracts, except as stated in (B) above, shall be as specified in tables (I), (II), and (III) below, according to the rules and definitions in (IV), (V) and (VI) below:

I. For annuities and guaranteed interest contracts valued on an issue year basis:

Guarantee Duration (Years) 5 or less: More than 5, but not more
than 10:

Weighting Factor for Plan Type
ABC .80 .60 .50
.75 .60 .50

FRIDAY, FEBRUARY 12, 1982

497

More than 10, but not more than 20:
More than 20:

.65

.50

.45

.45

.35

.35

II. For annuities and guaranteed interest contracts valued on a change in fund basis, the fac tors shown in I. above in creased by:

Plan Type ABC

.15

.25

.05

III. For annuities and guaranteed interest contracts valued on an issue year basis (other than those with no cash settlement options) which do not guarantee interest on con siderations received more than one year after issue or purchase and for annuities and guaranteed interest con tracts valued on a change in fund basis which do not guarantee interest rates on considerations received more than 12 months beyond the valuation date, the factors shown in I. or derived in II. increased by:

Plan Type ABC

.05

.05

.05

IV. For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, the guarantee duration is the number of years for which the contract guarantees interest rates in excess of the calendar year statutory valuation interest rate for life insurance policies with guarantee dura tion in excess of 20 years. For other annuities with no cash settlement options and for guaranteed interest contracts with no cash settlement options, the guarantee duration is the number of years from the date of issue or date of purchase to the date annuity benefits are scheduled to commence;

V. Plan type as used in the above tables is defined as follows:

Plan Type A: At any time policyholder may withdraw funds only (1) with an adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer, or (2) without such ad justment but in installments over five years or more, or (3| as an im mediate life annuity, or (4) no withdrawal permitted;

498

JOURNAL OF THE SENATE

Plan Type B: Before expiration of the interest rate guarantee, policyholder may withdraw funds only (1) with adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer, or (2) without such adjustment but in installments over five years or more, or (3) no withdrawal permitted. At the end of in terest rate guarantee, funds may be withdrawn without such adjust ment in a single sum or installments over less than five years;
Plan Type C: Policyholder may withdraw funds before expiration of interest rate guarantee in a single sum or installments over less than five years either (1) without adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer, or (2) subject only to a fixed surrender charge stipulated in the contract as a percentage of the fund;
VI. An insurer may elect to value guaranteed interest contracts with cash settlement options and annuities with cash settlement op tions on either an issue year basis or on a change in fund basis. Guaranteed interest contracts with no cash settlement options and other annuities with no cash settlement options must be valued on an issue year basis. As used in this subsection, as issue year basis of valuation refers to a valuation basis under which the interest rate used to determine the minimum valuation standard for the entire duration of the annuity or guaranteed interest contract is the calendar year valuation interest rate for the year of issue or year of purchase of the annuity or guaranteed interest contract, and the change in fund basis of valuation refers to a valuation basis under which the interest rate used to determine the minimum valuation standard applicable to each change in the fund held under the annuity or guaranteed interest con tract is the calendar year valuation interest rate for the year of the change in the fund.
(6) The Reference Interest Rate referred to in paragraph (4) of this subsection shall be defined as follows:
(A) For all life insurance, the lesser of the average over a period of 36 months and the average over a period of 12 months, ending on June 30 of the calendar year next preceding the year of issue, of Moody's Corporate Bond Yield Average--Monthly Average Corporates, as published in Moody's Investors Services, Inc;
(3) For single premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, the average over a period of 12 months, ending on June 30 of the calendar year of issue or year of purchase, of Moody's Corporate Bond Yield Average--Monthly Average Corporates, as published by Moody's Investors Service, Inc;
(C) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a year of issue basis, except as stated in (B) above, with guarantee duration in excess of ten years, the lesser of the average over a period of 36 months and the average over a period of 12 months, ending on

FRIDAY, FEBRUARY 12, 1982

499

June 30 of the calendar year of issue or purchase, of Moody's Cor porate Bond Yield Average--Monthly Average Corporates, as publish ed by Moody's Investors Service, Inc;
(D) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a year of issue basis, except as stated in (B) above, with guarantee duration of ten years or less, the average over a period of 12 months, ending on June 30 of the calendar year of issue or purchase, of Moody's Corporate Bond Yield Average--Monthly Average Cor porates, as published by Moody's Investors Service, Inc;
(E) For other annuities with no cash settlement options and for guaranteed interest contracts with no cash settlement options, the average over a period of 12 months, ending on June 30 of the calendar year of issue or purchase, of Moody's Corporate Bond Yield Average--Monthly Average Corporates, as published by Moody's In vestors Service, Inc;
(F) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a change in fund basis, except as stated in (B) above, the average over a period of 12 months, ending on June 30 of the calendar year of the change in the fund, of Moody's Corporate Bond Yield AverageMonthly Average Corporates, as published by Moody's Investors Ser vice, Inc.
(7) In the event that Moody's Corporate Bond Yield AverageMonthly Average Corporates is no longer published by Moody's In vestors Service, Inc., or, in the event that the National Association of Insurance Commissioners determines that Moody's Corporate Bond Yield Average--Monthly Average Corporates as published by Moody's Investors Service, Inc., is no longer appropriate for the deter mination of the reference interest rate, then the alternative method for determination of the reference interest rate, which is adopted by the National Association of Insurance Commissioners and approved by regulation promulgated by the Commissioner, may be substituted.
(e) (1) Except as otherwise provided in subsections (f) and (g) reserves according to the Commissioner's reserve valuation method, for the life insurance and endowment benefits of policies providing for a uniform amount of insurance and requiring the payment of uniform premiums, shall be the excess, if any, of the present value at the date of valuation of the future guaranteed benefits provided for by the policies over the then present value of any future modified net premiums therefor. The modified net premiums for the policy shall be the uniform percentage of the respective contract premiums for the benefits, excluding extra premiums on a substandard policy, that the present value at the date of issue of the policy of all the modified net premiums shall be equal to the sum of the then present value of the benefits provided for by the policy and the excess of subparagraph (A) of this subsection over subparagraph (B) of this subsection as follows:

500

JOURNAL OF THE SENATE

(A) A net level annual premium equal to the present value at the date of issue of such benefits provided for after the first policy year, divided by the present value at the date of issue of an annuity of one such policy on which a premium falls due; provided, however, that per annum payable on the first and each subsequent anniversary of the net level annual premium shall not exceed the net level annual premium on the 19 year premium whole life plan for insurance of the same amount at an age one year higher than the age at issue of the policy; and
(B) A net one-year term premium for the benefits provided for in the first policy year.
Provided that for any life insurance policy issued on or after the effec tive date of subsection (h) of Code Section 33-24-5 for which the con tract premium in the first policy year exceeds that of the second year and for which no comparable additional benefit is provided in the first year for such excess and which provides an endowment benefit or a cash surrender value or a combination thereof in an amount greater than such excess premium, the reserve according to the Commis sioner's reserve valuation method as of any policy anniversary occur ring on or before the assumed ending date defined herein as the first policy anniversary on which the sum of any endowment benefit and any cash surrender value then available is greater than such excess premium shall, except as otherwise provided in subsection (i), be the greater of the reserve" as of such policy anniversary calculated as described in the preceding paragraph and the reserve as of such policy anniversary calculated as described in that paragraph, but with (i) the value defined in subparagraph (A) of that paragraph being reduced by 15 percent of the amount of such excess first year premium, |ii| all present values of benefits and premiums being determined without reference to premiums or benefits provided for by the policy after the assumed ending date, (iii| the policy being assumed to mature on such date as an endowment, and jiv) the cash surrender value provided on such date being considered as an endowment benefit. In making the above comparison the mortality and interest bases stated in subsec tion (d) shall be used.
(2] Reserves according to the Commissioner's reserve valuation method for:
(A) Life insurance policies providing for a varying amount of in surance or requiring the payment of varying premiums;
(B) Group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer, including a partnership or sole pro prietorship, or by an employee organization or by both, other than a plan providing individual retirement accounts or individual retire ment annuities under Section 408 of the Internal Revenue Code as now or hereafter amended;
(C) Disability and accidental death benefits in all policies and con tracts; and

FRIDAY, FEBRUARY 12, 1982

501

(D) All other benefits, except life insurance and endowment benefits in life insurance policies and benefits provided by all other annuity and pure endowment contracts, shall be calculated by a method consistent with the principles of this subsection.
jf) This subsection shall apply to all annuity and pure endowment contracts other than group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization or by both, other than a plan providing individual retirement accounts or individual retirement annuities under Section 403 of the Internal Revenue Code. Reserves according to the Commissioner's annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in the contracts, shall be the greatest of the respective excesses of the present values at the date of valuation of the future guaranteed benefits, including guaranteed nonforfeiture benefits provided for by the contracts at the end of each respective contract year, over the present value at the date of valua tion of any future valuation considerations derived from future gross considerations required by the terms of the contract that become payable prior to the end of the respective contract year. The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rate or rates, specified in such contracts for determining guaranteed benefits. The valuation considerations are the portions of the respective gross considerations applied under the terms of the contracts to determine nonforfeiture values.
(g) In no event shall an insurer's aggregate reserve for all life in surance policies, excluding disability and accidental death benefits issued on or after January 1, 1966, be less than the aggregate reserves calculated in accordance with the methods set forth in subsections (e|, (f), (j), and (k) of this Code section and the mortality table or tables and rate or rates of interest used in calculating nonforfeiture benefits for the policies.
(h) (1) Reserves for all policies and contracts issued prior to January 1, 1966, may be calculated, at the option of the insurer, according to any standards which produce greater aggregate reserves for all the policies and contracts than the minimum reserves required by the laws in effect immediately prior to that date.
(2| For any category of policies, contracts, or benefits specified in subsection (d) of this Code section issued on or after January 1, 1966, reserves may be calculated, at the option of the insurer, according to any standard or standards which produce greater aggregate reserves for such category than those calculated according to the minimum standard provided in this Code section; but the rate or rates of interest used for policies and contracts, other than annuity and pure endow ment contracts, shall not be higher than the corresponding rate or rates of interest used in calculating any nonforfeiture benefits provid ed for in the policies and contracts.

502

JOURNAL OF THE SENATE

(i) An insurer who at any time had adopted any standard of valua tion producing greater aggregate reserves than those calculated according to the minimum standard provided for in subsection (g) of this Code section may, with the approval of the Commissioner, adopt any lower standard of valuation but not lower than the minimum pro vided in this subsection.
(j) If in any contract year the gross premium charged by any life insurer on any policy or contract issued on or after January 1, 1966, is less than the valuation net premium for the policy or contract calculated by the method used in calculating the reserve thereon but using the minimum valuation standards of mortality and rate of in terest, the minimum reserve required for such policy or contract shall be the greater of either the reserve calculated according to the mortali ty table, rate of interest, and method actually used for such policy or contract or the reserve calculated by the method actually used for the policy or contract but using the minimum valuation standards of mor tality and rate of interest and replacing the valuation net premium by the actual gross premium in each contract year for which the valua tion net premium exceeds the actual gross premium. The minimum valuation standards of mortality and rate of interest referred to in this Code section are those standards stated in subsection (d).
Provided that for any life insurance policy issued on or after the effec tive date of subsection (h) of Code Section 33-24-5 for which the gross premium in the first policy year exceeds that of the second year and for which no comparable additional benefit is provided in the first year for such excess and which provides as an endowment benefit or a cash surrender value or a combination thereof in an amount greater than such excess premium, the foregoing provisions of this subsection (i) shall be applied as if the method actually used in calculating the reserve for such policy were the method described in subsection (e), ignoring the second paragraph of paragraph (1) of subsection (e). The minimum reserve at each policy anniversary of such a policy shall be the greater of the minimum reserve calculated in accordance with subsection (e), including the second paragraph of paragraph (1) of that subsection, and the minimum reserve calculated in accordance with this subsection (i).
(k) In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be deter mined by the insurer based on then estimates of future experience, or in the case of any plan of life insurance or annuity which is of such a nature that the minimum reserves cannot be determined by the methods described in subsections (d), (e), (f) and (i), the reserves which are held under any such plan must:
(1) Be appropriate in relation to the benefits and the pattern of premiums for that plan; and
(2) Be computed by a method which is consistent with the prin ciples of this Standard Valuation Law
as determined by regulations promulgated by the Commissioner."

FRIDAY, FEBRUARY 12, 1982

503

Section 2. Said Title 33 is further amended by striking in its entirety paragraph (7) of subsection (a) of Code Section 33-25-3, relating to provi sions in insurance policies, and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) *In the case of policies which cause on a basis guaranteed in the policy unscheduled changes in benefits or premiums, or which provide an option for changes in benefits or premiums other than a change to a new policy, a statement of the mortality table, interest rate, and method used in calculating cash surrender values and the paid-up nonforfeiture benefits available under the policy. In the case of all other policies, a statement of the mortality table and interest rate used in calculating the cash surrender values and the paid-up non forfeiture benefits available under the policy, together with a table showing the cash surrender value, if any, and paid-up nonforfeiture benefits, 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, such values and benefits to be calculated upon the assumption that there are no dividends or paid-up additions credited to the policy and that there is no indebtedness to the insurer on the policy;".
Section 3. Said Title 33 is further amended by striking in its entirety Code Section 33-25-4, relating to nonforfeiture values, and substituting in lieu thereof a new Code Section 33-25-4 to read as follows:
"(a) (1) Except as provided in subsection (f) of this Code section, no policy of life insurance issued on or after January 1, 1966, shall be delivered or issued for delivery in this state unless it shall contain the following provisions, or corresponding provisions which in the opin ion of the Commissioner are at least as favorable to the defaulting or surrendering policyholder as are in the minimum requirements hereinafter specified and are essentially in compliance with subsec tion (h) of this Code section:
(A) A provision that, in the event of default in any premium pay ment, the insurer will grant, upon proper request not later than 60 days after the due date of the premium in default, a paid-up non forfeiture benefit on a plan stipulated in the policy, effective as of such due date, of such amount as specified in subsection (c) of this Code section. In lieu of such stipulated paid-up nonforfeiture benefit, the insurer may substitute, upon proper request not later than 60 days after the due date of the premium in default, an actuarially equivalent alternative paid-up nonforfeiture benefit which provides a greater amount or longer period of death benefits or, if applicable, a greater amount or earlier payment of endowment benefits;
(B) A provision that, upon surrender of the policy, within 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 specified in subsection (b) of this Code section;

504

JOURNAL OF THE SENATE

(C) A provision that a specified paid-up nonforfeiture benefit shall become effective as specified in the policy unless the person entitled to make such election elects another available option not later than 60 days after the due date of the premium in default;
(D) A provision that, if the policy shall have become paid up by completion of all premium payments, or if it is continued under any paid-up nonforfeiture benefit which became effective on or after the third policy anniversary, the insurer will pay, upon surrender of the policy within 30 days after any policy anniversary, a cash surrender value of such amount as specified in subsection (b) of this Code sec tion;
(E) An explanation of the manner in which the cash surrender values and the paid-up nonforfeiture benefits are altered by the ex istence of any paid-up additions, credited to the policy, or any in debtedness to the insurer on the policy; if a detailed statement of the method of computation of the values and benefits shown in the policy is not stated in the policy, a statement that the method of computation has been filed with the supervisory insurance official of the state in which the policy is delivered; and a statement of the method to be us ed in calculating the cash surrender value and paid-up nonforfeiture benefit available under the policy on any policy anniversary beyond the last anniversary for which the values and benefits are consecutive ly shown in the policy.
(2) Any of the provisions or portions thereof set forth in subparagraphs (a)(l)(A) through (a)(l)(E) of this Code section not ap plicable by reason of the plan of insurance may, to the extent inap plicable, be omitted from the policy.
(3) The insurer shall reserve the right to defer the payment of any cash surrender value for a period of six months after demand therefor with surrender of the policy.
(b) (1) Any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniver sary, whether or not required by subsection (a) of this Code section, shall be an amount not less than the excess, if any, of the present value on the anniversary of the future guaranteed benefits which would have been provided for by the policy, including any existing paid-up additions, if there had been no default, over the sum of the then present value of the adjusted premiums as defined in subsections (d) and (e) of this Code section, corresponding to premiums which would have fallen due on and after the anniversary and the amount of any indebtedness to the insurer on account of or secured by the policy.
(2) Provided, however, that for any policy issued on or after the operative date of subsection je) of this Code section as defined therein, which provides supplemental life insurance or annuity benefits at the option of the insured and for an identifiable additional premium by rider or supplemental policy provision, the cash sur render value referred to in paragraph (1) of this subsection jb) shall be an amount not less than the sum of the cash surrender value as defin-

FRIDAY, FEBRUARY 12, 1982

505

ed in such paragraph for an otherwise similar policy issued at the same age without such rider or supplemental policy provision and the cash surrender value as defined in such paragraph for a policy which provides only the benefits otherwise provided by such rider or sup plemental policy provision.
(3) Provided, further, that for any family policy issued on or after the operative date of subsection (e) of this Code section as defined therein, which defines a primary insured and provides term insurance on the life of the spouse of the primary insured expiring before the spouse's age 71, the cash surrender value referred to in paragraph (1) of this subsection (b) shall be an amount not less than the sum of the cash surrender value as defined in such paragraph for an otherwise similar policy issued at the same age without such term insurance on the life of the spouse and the cash surrender value as defined in such paragraph for a policy which provides only the benefits otherwise provided by such term insurance on the life of the spouse.
(4) Any cash surrender value available within 30 days after any policy anniversary under any policy paid up by completion of all premium payments, or any policy continued under any paid-up non forfeiture benefit, whether or not required by subsection (a) of this Code section, shall be an amount not less than the present value on the anniversary of the future guaranteed benefits provided for by the policy, including any existing paid-up additions, decreased by any in debtedness to the insurer on account of or secured by the policy.
(c) Any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment due on any policy anniver sary shall be such that its present value as of the anniversary shall be at least equal to the cash surrender value then provided for by the policy or, if none is provided for, that cash surrender value which would have been required by this Code section in the absence of the condition that premiums shall have been paid for at least a specified period.
(d) (1) This subsection (d) shall not apply to policies issued on or after the operative date of subsection (e) as defined therein, except that, with respect to such policies for which the gross premium during the first policy year includes any additional amounts for which no comparable additional benefit is provided during that year, this subsection shall continue to apply until the effective date of subsec tion (h) of this Code section. Except as provided in paragraph (3) of this subsection, the adjusted premiums for any policy shall be calculated on an annual basis and shall be such uniform percentage or percentages of the respective premiums specified in the policy for each policy year, excluding extra premiums on a substandard policy and excluding any additional amounts payable during the first policy year for which there are no comparable additional insurance benefits provided during that year, that the present value at the date of issue of the policy of all such adjusted premiums shall be equal to the sum of (A) the then present value of the future guaranteed benefits provided for by the policy; (B) two percent of the amount of the insurance if the insurance be uniform in amount, or of the equivalent uniform

506

JOURNAL OF THE SENATE

amount, as defined in paragraph (3) of this subsection, if the amount of insurance varies with the duration of the policy; (C) forty percent of the adjusted premium for the first policy year; (D) twenty-five percent of either the adjusted premium for the first policy year or the adjusted premium for a whole life policy of the same uniform or equivalent uniform amount with uniform premiums for the whole of life issued at the same age for the same amount of insurance, whichever is less, reduced by (E) any additional amounts payable during the first policy year for which there are no comparable additional insurance benefits provided during that year.
(2) The adjusted premiums shall be a single uniform percentage of the respective premiums specified in the policy for each policy year, unless the adjusted premiums result in cash surrender values which are smaller than endowment amounts provided by the policy prior to maturity as of the date or dates such endowment amounts are provid ed, in which event the adjusted premiums shall be determined as uniform percentages of the respective premiums specified in the policy such that no cash surrender value is smaller than any endow ment amount provided by the policy prior to maturity as of the date or dates such endowment amount is provided. For the purposes for this paragraph, the Commissioner may treat any cash surrender value ac tually proved by the policy as equivalent to an endowment amount; provided, however, that in applying the percentages specified in items (C) and (D) of paragraph (1) of this subsection no adjusted premium shall be deemed to exceed 4 percent of the amount of insurance or uniform amount equivalent thereto. The date of issue of a policy for the purpose of this Code section shall be the date as of which the rated age of the insured is determined.
(3) In the case of a policy providing an amount of insurance vary ing with the duration of the policy, the equivalent uniform amount of insurance, for the purpose of this subsection, shall be deemed to be the uniform amount of insurance provided by an otherwise similar policy containing the same endowment benefit or benefits, if any, issued at the same age and for the same term, the amount of which does not vary with duration, and the benefits under which have the same present value at the date of issue as the benefits under the policy; provided, however, that in the case of a policy providing a varying amount of insurance issued on the life of a child under age ten, the equivalent uniform amount may be computed as though the amount of insurance provided by the policy prior to the attainment of age ten was the amount provided by the policy at age ten. In the case of a policy which provides pure endowment benefits which are payable without reducing the amount of insurance provided by the policy and which may be applied to provide additional amounts of paid-up life insurance, the equivalent uniform amount of insurance shall be determined on the amounts of insurance which would be ef fective if all the pure endowment benefits were applied to provide such additional amounts of paid-up life insurance.
(4) The adjusted premiums for any policy providing term in surance benefits by rider or supplemental policy provision shall be equal to (A) the adjusted premiums for an otherwise similar policy issued at the same age without such term insurance benefits, increas-

FRIDAY, FEBRUARY 12, 1982

507

ed, during the period for which premiums for such term insurance benefits are payable, by (B) the adjusted premiums for such term in surance, items (A) and (B) of this paragraph being calculated separate ly and as specified in paragraphs (1) through (3) of this subsection, ex cept that, for the purpose of items (B), (C), and (D) of paragraph (1) of this subsection, the amount of insurance or equivalent uniform amount of insurance used in the calculation of the adjusted premiums referred to in item (B) of this paragraph shall be equal to the excess of the corresponding amount determined for the entire policy over the amount used in the calculation of the adjusted premiums in item (A) of this paragraph.
(5) All adjusted premiums and present values referred to in this Code section shall, for all policies of ordinary insurance, be calculated on the basis of the Commissioners' 1958 Standard Ordinary Mortality Table, provided that for any category of ordinary insurance issued on female risks, adjusted premiums and present values may be calculated according to an age not more than six years younger than the actual age of the insured. Such calculations for all policies of in dustrial insurance shall be made on the basis of the 1941 Standard In dustrial Mortality Table; provided, however, that any insurer may file with the Commissioner a written notice of its election that such ad justed premiums and present values shall be calculated on the basis of the Commissioners' 1961 Standard Industrial Mortality Table, after a specified date before January 1, 1968, and, whether or not any elec tion has been made, such calculations for all policies of industrial in surance, issued on or after January 1, 1968, shall be made on the basis of the Commissioners' 1961 Standard Industrial Mortality Table. All calculations shall be made on the basis of the rate of interest specified in the policy for calculating cash surrender values and paid-up non forfeiture benefits. Such rate of interest shall not exceed 3Vz percent per annum, except that a rate of interest not exceeding 4 percent per annum may be used for policies issued on or after July 1, 1973; and prior to July 1, 1979, a rate of interest not exceeding 5% percent per annum may be used for policies issued on or after July 1, 1979; and for any single premium whole life or endowment insurance policy, a rate of interest not exceeding 6Vz percent per annum may be used. In calculating the present value of any paid-up term insurance with ac companying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed in the case of ordinary policies may not be more than those shown in the Commissioners' 1958 Ex tended Term Insurance Table and in the case of industrial policies may not be more than 130 percent of the rates of mortality according to the 1941 Standard Industrial Mortality Table. After January 1, 1968, when the Commissioners' 1961 Standard Industrial Mortality Table becomes applicable, such rates of mortality assumed may be not more than those shown in the Commissioners' 1961 Industrial Ex tended Term Insurance Table. For insurance issued on a substandard basis, the calculation of any adjusted premiums and present values may be based on such other table of mortality as may be specified by the insurer and approved by the Commissioner.
(e) (1) This subsection (e) shall apply to any life insurance policy issued on or after January 1, 1989, or such earlier date as may have been elected by the insurer with respect to such policy in accordance

508

JOURNAL OF THE SENATE

with the provisions of paragraph (11) of this subsection. Except as pro vided in paragraph (3) of this subsection, the adjusted premiums for any policy shall be calculated on an annual basis and shall be such uniform percentage of the respective premiums specified in the policy for each policy year, excluding amounts payable as extra premiums to cover impairments or special hazards and also excluding any uniform annual contract charge or policy fee specified in the policy in a state ment of the method to be used in calculating the cash surrender values and paid-up nonforfeiture benefits, that the present value, at the date of issue of the policy, of all adjusted premiums shall be equal to the sum of (A) the then present value of the future guaranteed benefits provided for by the policy; (B) one percent of either the amount of insurance, if the insurance be uniform in amount, or the average amount of insurance at the beginning of each of the first ten policy years; and (C) 125 percent of the nonforfeiture net level premium as hereinafter defined; provided, however, that in applying the percentage specified in (C) above no nonforfeiture net level premium shall be deemed to exceed 4 percent of either the amount of insurance, if the insurance be uniform in amount, or the average amount of insurance at the beginning of each of the first ten policy years. The date of issue of a policy for the purpose of this subsection (e) shall be the date as of which the rated age of the insured is deter mined.
(2) The nonforfeiture net level premium shall be equal to the pres ent value, at the date of issue of the policy, of the guaranteed benefits provided for by the policy divided by the present value, at the date of issue of the policy, of an annuity of one per annum payable on the date of issue of the policy and on each anniversary of such policy on which a premium falls due.
(3) In the case of policies which cause on a basis guaranteed in the policy unscheduled changes in benefits or premiums, or which pro vide an option for changes in benefits or premiums other than a change to a new policy, the adjusted premiums and present values shall initially be calculated on the assumption that future benefits and premiums do not change from those stipulated at the date of issue of the policy. At the time of any such change in the benefits or premiums the future adjusted premiums, nonforfeiture net level premiums and present values shall be recalculated on the assumption that the future benefits and premiums do not change from those stipulated by the policy immediately after the change.
(4) Except as otherwise provided in paragraph (7) of this subsec tion, the recalculated future adjusted premiums for any such policy shall be such uniform percentage of the respective future premiums specified in the policy for each policy year, excluding amounts payable as extra premiums to cover impairments and special hazards, and also excluding any uniform annual contract charge or policy fee specified in the policy in a statement of the method to be used in calculating the cash surrender values and paid-up nonforfeiture benefits, that the present value, at the time of change to the newly defined benefits or premiums, of all such future adjusted premiums shall be equal to the excess of (A) the sum of (i) the then present value of the then future guaranteed benefits provided for by the policy and

FRIDAY, FEBRUARY 12, 1982

509

(ii) the additional expense allowance, if any, over (B) the then cash surrender value, if any, or present value of any paid-up nonforfeiture benefit under the policy.
(5) The additional expense allowance, at the time of the change to the newly defined benefits or premiums, shall be the sum of (A) 1 per cent of the excess, if positive, of the average amount of insurance at the beginning of each of the first ten policy years subsequent to the change over the average amount of insurance prior to the change at the beginning of each of the first ten policy years subsequent to the time of the most recent previous change, or, if there has been no previous change, the date of issue of the policy; and (B) 125 percent of the increase, if positive, in the nonforfeiture net level premium.
(6) The recalculated nonforfeiture net level premium shall be equal to the result obtained by dividing (A) by (B) where
(A) equals the sum of:
(i) The nonforfeiture net level premium applicable prior to the change times the present value of an annuity of one per annum payable on each anniversary of the policy on or subsequent to the date of the change on which a premium would have fallen due had the change not occurred; and
(ii) The present value of the increase in future guaranteed benefits provided for by the policy; and
(B) Equals the present value of an annuity of one per annum payable on each anniversary of the policy on or subsequent to the date of change on which a premium falls due.
(7) Notwithstanding any other provisions of this subsection to the contrary, in the case of a policy issued on a substandard basis which provides reduced graded amounts of insurance so that, in each policy year, such policy has the same tabular mortality cost as an otherwise similar policy issued on the standard basis which provides higher uniform amounts of insurance, adjusted premiums and present values for such substandard policy may be calculated as if it were issued to provide such higher uniform amounts of insurance on the standard basis.
(8) All adjusted premiums and present values referred to in this section shall for all policies of ordinary insurance be calculated on the basis of (A) the Commissioner's 1980 Standard Ordinary Mortality Table or (B) at the election of the insurer for any one or more specified plans of life insurance, the Commissioner's 1980 Standard Ordinary Mortality Table with Ten-Year Select Mortality Factors; shall for all policies of industrial insurance be calculated on the basis of the Com missioner's 1961 Standard Industrial Mortality Table; and shall for all policies issued in a particular calendar year be calculated on the basis of a rate of interest not exceeding the nonforfeiture interest rate as defined in this subsection |e) for policies issued in that calendar year; provided, however, that:

510

JOURNAL OF THE SENATE

(A) At the option of the insurer, calculations for all policies issued in a particular calendar year may be made on the basis of a rate of in terest not exceeding the nonforfeiture interest rate, as defined in this subsection (e), for policies issued in the immediately preceding calen dar year;
(B) Under any paid-up nonforfeiture benefit, including any paidup dividend additions, any cash surrender value available, whether or not required by subsection (a), shall be calculated on the basis of the mortality table and rate of interest used in determining the amount of such paid-up nonforfeiture benefit and paid-up dividend additions, if any;
(C) An insurer may calculate the amount of any guaranteed paidup nonforfeiture benefit including any paid-up additions under the policy on the basis of an interest rate no lower than that specified in the policy for calculating cash surrender values;
(D) In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a non forfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioner's 1980 Extended Term In surance Table for policies of ordinary insurance and not more than the Commissioner's 1961 Industrial Extended Term Insurance Table for policies of industrial insurance;
(E) For insurance issued on a substandard basis, the calculation of any such adjusted premiums and present values may be based on ap propriate modifications of the aforementioned tables;
(F) Any ordinary mortality tables, adopted after 1980 by the Na tional Association of Insurance Commissioners, that are approved by regulation promulgated by the Commissioner for use in determining the minimum nonforfeiture standard may be substituted for the Com missioner's 1980 Standard Ordinary Mortality Table with or without Ten-Year Select Mortality Factors or for the Commissioner's 1980 Ex tended Term Insurance Table;
(G) Any industrial mortality tables, adopted after 1980 by the Na tional Association of Insurance Commissioners, that are approved by regulation promulgated by the Commissioner for use in determining the minimum nonforfeiture standard may be substituted for the Com missioner's 1961 Standard Industrial Mortality Table or the Commis sioner's 1961 Industrial Extended Term Insurance Table.
(9) The nonforfeiture interest rate per annum for any policy issued in a particular calendar year shall be equal to 125 percent of the calen dar year statutory valuation interest rate for such policy as defined in the Standard Valuation Law, rounded to the nearer one quarter of one percent.
(10) Notwithstanding any other provision in this title to the con trary, any refiling of nonforfeiture values or their methods of com putation for any previously approved policy form which involves only

FRIDAY, FEBRUARY 12, 1982

511

a change in the interest rate or mortality table used to compute non forfeiture values shall not require refiling of any other provisions of that policy form.
(11) After the effective date of this subsection (e), any insurer may file with the Commissioner a written notice of its election to comply with the provisions of this subsection with respect to specified policy forms after a specified date before January 1, 1989, which shall be the operative date of this subsection for such specified policy forms. If an insurer makes no such election, the operative date of this subsection for such insurer shall be January 1, 1989.
(f) In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be deter mined by the insurer based on then estimates of future experience, or in the case of any plan of life insurance which is of such a nature that minimum values cannot be determined by the methods described in subsections (a), (b), (c), (d) or je) herein, then:
(1) The Commissioner must be satisfied that the benefits provided under the plan are substantially as favorable to policyholders and insureds as the minimum benefits otherwise required by subsections (a) through (e) of this Code section herein;
(2) The Commissioner must be satisfied that the benefits and the pattern of premiums of that plan are not such as to mislead prospec tive policyholders or insureds;
(3) The cash surrender values and paid-up nonforfeiture benefits provided by such plan must not be less than the minimum values and benefits required for the plan computed by a method consistent with the principles of this Code Section 33-25-4, as determined by regula tions promulgated by the Commissioner.
(g) Any cash surrender value and any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment due at any time other than on the policy anniversary shall be calculated with allowance for the lapse of time and the payment of fractional premiums beyond the last preceding policy anniversary, ex cept that in the case of industrial insurance, proportionate increases in value may be calculated on the basis of quarter-year payment. All values referred to in subsections (b) through je) of this Code section may be calculated upon the assumption that any death benefit is payable at the end of the policy year of death. The net value of any paid-up additions, other than paid-up term additions, shall be not less than the amounts used to provide such additions. Notwithstanding subsection (b) of this Code section, additional benefits payable (1) in the event of death or dismemberment by accident or accidental means; (2) in the event of total and permanent disability; (3) as rever sionary annuity or deferred reversionary annuity benefits; (4) as term insurance benefits provided by a rider or supplemental policy provi sion to which, if issued as a separate policy, this Code section would not apply; (5) as term insurance on the life of a child, or on the lives of children provided in a policy on the life of a parent of the child, if the term insurance expires before the child attains age 26, is uniform in

512

JOURNAL OF THE SENATE

amount after the child attains age one and has not become paid up by reason of the death of a parent of the child; or (6) as other policy benefits additional to life insurance and endowment benefits, and premiums for all such additional benefits shall be disregarded in ascertaining cash surrender values and nonforfeiture benefits re quired by this Code section, and no such additional benefits shall be required to be included in any paid-up nonforfeiture benefits.
jh] (1) This subsection (h), in addition to all other applicable subsections of this Code section, shall apply to all policies issued on or after January 1, 1986, except that, with respect to such policies for which the gross premium during the first policy year includes any ad ditional benefits for which no comparable additional benefit is provid ed during that year, this subsection shall apply to any such policies issued after a specified operative date before January 1, 1986, as defined in subsection (e) of this Code section. Any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniversary shall be in an amount which does not differ by more than two tenths of 1 percent of either the amount of insurance, if the insurance be uniform in amount, or the average amount of insurance at the beginning of each of the first ten policy years, from the sum of (A) the greater of zero and the basic cash value hereinafter specified and (B) the present value of any existing paid-up additions less the amount of any indebtedness to the insurer under the policy.
(2) The basic cash value shall be equal to the present value on such anniversary of the future guaranteed benefits which would have been provided for by the policy, excluding any existing paid-up addi tions and before deduction of any indebtedness to the insurer, if there had been no default, less the then present value of the nonforfeiture factors, as hereinafter defined, corresponding to premiums which would have fallen due on and after such anniversary; provided, however, that the effects on the basic cash value of supplemental life insurance or annuity benefits or of family coverage, as described in subsection (b) or (d), whichever is applicable, shall be the same as are the effects specified in subsection (2| or (d), whichever is applicable, on the cash surrender values defined in that subsection.
(3) The nonforfeiture factor for each policy year shall be an amount equal to a percentage of the adjusted premium for the policy year, as defined in subsection (d) or (e), whichever is applicable. Ex cept as is required by the next succeeding sentence of this paragraph (3), such percentage:
(A) Must be the same percentage for each policy year between the second policy anniversary and the later of (i) the fifth policy anniver sary and (ii) the first policy anniversary at which there is available under the policy a cash surrender value in an amount, before in cluding any paid-up additions and before deducting any indebtedness, of at least two tenths of 1 percent of either the amount of insurance, if the insurance be uniform in amount, or the average amount of in surance at the beginning of each of the first ten policy years; and

FRIDAY, FEBRUARY 12, 1982

513

(B) Must be such that no percentage after the later of the two policy anniversaries specified in the preceding subparagraph (A) may apply to fewer than five consecutive policy years.
(4) Provided, that no basic cash value may be less than the value which would be obtained if the adjusted premiums for the policy, as defined in subsection (d) or (e), whichever is applicable, were substituted for the nonforfeiture factors in the calculation of the basic cash value.
(5) All adjusted premiums and present values referred to in this subsection (h) shall for a particular policy be calculated on the same mortality and interest bases as are used in demonstrating the policy's compliance with the other subsections of this Code section. The cash surrender values referred to in this subsection shall include any en dowment benefits provided for by the policy.
(6) Any cash surrender value available other than in the event of default in a premium payment due on a policy anniversary, and the amount of any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment shall be deter mined in manners consistent with the manners specified for deter mining the analogous minimum amounts in subsections (a), (b), (c), (e) and (g). The amounts of any cash surrender values and of any paid-up nonforfeiture benefits granted in connection with additional benefits such as those listed as items (1) through (6) in subsection (g) shall con form with the principles of this subsection (h).
(i) Exceptions. This Code section shall not apply to any of the following:
(1) reinsurance;
(2) group insurance;
(3) pure endowment;
(4) annuity or reversionary annuity contract;
(5) term policy of uniform amount, which provides no guaranteed nonforfeiture or endowment benefits, or renewal thereof, of 20 years or less expiring before age 71, for which uniform premiums are payable during the entire term of the policy;
(6) term policy of decreasing amount, which provides no guaranteed nonforfeiture or endowment benefits, on which each ad justed premium, calculated as specified in subsections (d) and je) of this Code section is less than the adjusted premium so calculated on a term policy of uniform amount, or renewal thereof, which provides no guaranteed nonforfeiture or endowment benefits, issued at the same age and for the same initial amount of insurance and for a term of 20 years or less expiring before age 71, for which uniform premiums are payable during the entire term of the policy; nor

514

JOURNAL OF THE SENATE

(7) Policy, which provides no guaranteed nonforfeiture or endow ment benefits, for which no cash surrender value, if any, or present value of any paid-up nonforfeiture benefit, at the beginning of any policy year, calculated as specified in subsections (b), (c), jd) and (e), exceeds 2% percent of the amount of insurance at the beginning of the same policy year.
For purposes of determining the applicability of this Code section, the age at expiry for a joint term life insurance policy shall be the age at expiry of the oldest life."
Section 4. This Act shall become effective November 1, 1982.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senators Greene of the 26th and Turner of the 8th offered the following amend ment:

Amend the substitute to SB 464 offered by the Senate Committee on Banking, Finance and Insurance by striking on line 3 of Page 19 the folio whig:
"33-24-5",
and inserting in lieu thereof the following: "33-25-4",
and by striking on line 8 of Page 23 the following: "33-24-5",
and inserting in lieu thereof the following: "33-25-4",
and by striking from line 6 of Page 31 the following: "proved",
and inserting in lieu thereof the following: "provided",
and by striking from line 2 of Page 43 the following: "benefits",
and inserting in lieu thereof the following: "amounts".

FRIDAY, FEBRUARY 12, 1982

515

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

On the adoption of the substitute, the yeas were 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 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 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:

Fincher of 52nd Howard

Hudgins Hudson

Land Starr (presiding)

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The President resumed the Chair.

516

JOURNAL OF THE SENATE

SB 543. By Senator Sutton of the 9th:
A bill to amend Code Chapter 91A-41, relating to setoff debt collection in connection with income tax refunds, so as to include within the defini tion of a claimant agency the Georgia Higher Education Assistance Cor poration; to amend the Official Code of Georgia Annotated accordingly.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 543:

A BILL
To be entitled an Act to amend Code Chapter 91 A-41, relating to setoff debt collection in connection with income tax refunds, so as to in clude within the definition of a claimant agency the Georgia Higher Education Assistance Corporation and the Georgia Student Finance Authority for the purpose of collection of debts arising under education loan and other student financial aid programs administered by the cor poration and the authority respectively; to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection in connection with income tax refunds, so as to provide therein for the same changes described above; to provide effective dates; to provide for specific repeal on a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 91A-41, relating to setoff debt collection in connection with income tax refunds, is amended by striking subsection (a) of Code Section 91A-4102 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) 'Claimant agency' means and includes:
(1) The Department of Human Resources with respect to collec tion of debts under:
(A) 'The Patient Cost of Care Act,' approved April 18, 1979 (Ga. L. 1979, p. 114), as now or hereafter amended.
(B) The 'Child Support Recovery Act,' approved March 28, 1973 (Ga. L. 1973, p. 192), as now or hereafter amended.
(C) Section 9 of The Medical Assistance for the Aged Act,' approv ed March 28, 1961 (Ga. L. 1961, p. 160), as now or hereafter amended.
(D) Section 13 of The Georgia Public Assistance Act of 1965,' ap proved March 30, 1965 (Ga. L. 1965, p. 385), as now or hereafter amended.

FRIDAY, FEBRUARY 12, 1982

517

(2) The Georgia Higher Education Assistance Corporation with respect to collection of debts arising under Code Chapter 32-33.
(3) The Georgia Student Finance Authority with respect to collec tion of debts arising under Code Chapter 32-37."
Part 2
Section 2. Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection in connection with income tax refunds, is amended by striking Code Section 48-7-161, relating to definitions, in its entirety and substituting in lieu thereof a new Code Section 48-7-161 to read as follows:
"48-7-161. As used in this article, the term:
(1) 'Claimant agency' means and includes the Department of Human Resources with respect to collection of debts under Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Sections 49-4-15 and 49-4-128; the Georgia Higher Education Assistance Cor poration with respect to collection of debts arising under Part 2 of Ar ticle 7 of Chapter 3 of Title 20; and the Georgia Student Finance Authority with respect to collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20.
(2) 'Debt' means any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judg ment for the sum.
(3) 'Debtor' means any individual owing money to or having a delinquent account with any claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy.
(4) 'Refund' means the Georgia income tax refund which the department determines to be due any individual taxpayer."
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

518

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Ballard Coverdell

Dean Hudgins

Hudson Tysinger

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 550. By Senators Littlefield of the 6th and Wessels of the 2nd: A bill to amend an Act known as the "Housing Authorities Laws", as amended, so as to authorize authorities to purchase mortgage loans and other appropriate forms of collateral and participation interests therein from mortgage lenders and other holders of such loans and collateral to provide financing for dwelling units suitable for occupancy by persons and families of low and moderate income.

FRIDAY, FEBRUARY 12, 1982

519

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 550:

A BILL
To be entitled an Act to amend the Act known as the "Housing Authorities Law," approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, so as to authorize authorities to purchase mortgage loans and other appropriate forms of collateral and participation interests therein from mortgage lenders and other holders of such loans and collateral to provide financing for dwelling units suitable for occupancy by persons and families of low and moderate income; to authorize authorities to make loans to owners and loans to mortgage lenders to finance dwelling units suitable for occupancy by persons and families of low and moderate income; to authorize authorities to mortgage, pledge, assign, or grant security interests in such mortgage loans and other collateral to secure payment of bonds of the authority; to provide that bonds of authorities issued for such purposes may be sold at public or private sale without public advertisement; to provide necessary definitions; to amend an Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, so as to change the provisions relating to the state ceiling on single-family residential housing bonds; to amend the Official Code of Georgia An notated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. The Act known as the "Housing Authorities Law," ap proved March 30, 1937 (Ga. L. 1937, p. 210), as amended, is amended by adding at the end of Section 3 new subsections (o), (p), (q), (r), (s), (t), and (u) to read as follows:
"(o) 'Low and moderate income families' shall mean persons and families of one or more persons, irrespective of race, creed, national origin, or sex determined by the Authority to require such assistance as is made available by this Act on account of insufficient personal or family income, taking into consideration, without limitation, such fac tors as:
(1) The amount of total income of such persons and families available for housing needs;
(2) The size of the families;
(3) The cost and condition of housing facilities available;
(4) The ability of such persons and families to compete successful ly in the normal private housing market and to pay the amounts at which private enterprise is providing sanitary, decent, and safe hous ing; and

520

JOURNAL OF THE SENATE

(5) If appropriate, standards established for various federal pro grams with respect to housing determining eligibility based on income of such persons and families.
(p) 'Eligible housing unit' shall mean real and personal property located in the State constituting single or multifamily dwelling units suitable for occupancy by low and moderate income families and such community facilities as may be incidental or appurtenant thereto.
(q) 'Mortgage lenders' shall mean national banking associations, banks chartered under the laws of the State, savings and building and loan associations chartered under the laws of the State or of the United States of America, the Federal National Mortgage Association, and federal or state credit unions. The term shall also include mort gage bankers and other financial institutions or governmental agen cies which are authorized to deal in mortgages insured or guaranteed by the Federal Government and other entities authorized to extend loans to single-family or multifamily housing under the laws of the State.
(r) 'Mortgage loans' shall mean notes and other evidences of in debtedness secured by mortgages.
(s) 'Mortgaged property' shall mean all properties, real, personal, and mixed, and all interests therein, including grants or subsidies with respect thereto, mortgaged, pledged or otherwise provided in any manner as security for mortgage loans or loans to mortgage lenders.
(t) 'Mortgages' shall mean security deeds, mortgages, deeds of trust and other instruments granting security interests in real and per sonal properties constituting eligible housing units.
(u) 'Community facilities' shall mean the land, buildings, im provements and equipment for such recreational, community, educa tional, and commercial facilities as the Authority determines improve the quality of an eligible housing unit."
Section 2. Said Act is further amended by adding between Sections 8A and 9 thereof a new Section 8B to read as follows:
"Section 8B. (a) It is hereby found and declared that from time to time there has existed and at the present time there exists an inade quate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of the State with low and moderate income; that the in ability to finance such single and multifamily dwelling units results in an inability of builders to construct such housing, causing unemploy ment or underemployment in the housing construction and related businesses and causing a lack of safe and sanitary housing to be available to persons of low and moderate income; that such unemployment or underemployment in the housing construction and related businesses and an inadequate supply of safe and sanitary housing for persons of low and moderate income wastes human resources, increases the public assistance burden of the State, impairs the security of family life, impedes the economic and physical

FRIDAY, FEBRUARY 12, 1982

521

development of the State, adversely affects the welfare and prosperity of all of the people of the State and accordingly creates and fosters conditions adverse to the general health and welfare of the citizens of the State; that the making available in the manner provided in this sec tion of a more adequate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of low and moderate income will result in the alleviation or reduction of the adverse consequences which have resulted and may result from continued unemployment and underemployment in the housing construction and related businesses and the inadequate supply of such housing for persons of low and moderate income.
(b) In addition to the powers otherwise granted in this Act, any Authority shall have the following powers:
(1) To purchase mortgage loans, other forms of collateral and par ticipations therein from mortgage lenders and other holders of such collateral and to make commitments therefor;
(2) To contract with mortgage lenders for the origination of, or the servicing of, mortgage loans to be made by such mortgage lenders to finance eligible housing units, within the Authority's area of opera tion and the servicing of the mortgages securing such mortgage loans;
(3) To make loans to mortgage lenders, provided that:
(A) The proceeds of such loans shall be required to be used by such mortgage lenders for the making of mortgage loans to finance eligible housing units within the Authority's area of operation; and
(B) If required by the Authority, the mortgages in connection with the mortgage loans so made, together with any additional security re quired by the Authority, shall be mortgaged, pledged, assigned or otherwise provided as security for such loans to mortgage lenders;
(4) To issue bonds from time to time, in its discretion, to provide funds to purchase mortgage loans or other forms of collateral or par ticipation interests therein from mortgage lenders and to make loans to mortgage lenders and to make direct loans for eligible housing units as herein authorized and to issue refunding bonds for the purpose of refunding or retiring bonds previously issued by it for any such pur pose, in accordance with the provisions of this Act, which may in clude (but are not limited to) bonds on which the principal and the in terest are payable:
(A) Exclusively from the income and revenues of the Authority from one or more specified mortgage loans or other forms of collateral or participation interests therein or from one or more specific loans to mortgage lenders, regardless of whether such mortgage loans or other forms of collateral or participation interests therein were purchased or such loans to mortgage lenders were made from the proceeds of such bonds; or
(B) From revenues of the Authority generally that are not other wise pledged or obligated;

522

JOURNAL OF THE SENATE

(5) To exercise any and all rights accorded to the owner and holder of a mortgage under and in accordance with the terms of said in strument and the applicable laws of the State with respect to the mort gaged property, directly or through mortgage lenders or others acting on behalf of the Authority or on behalf of the holders of its bonds, including, but without limitation, the power to foreclose, to forebear enforcement of any remedy on such terms as the Authority shall deem appropriate, to sell the equity of redemption, to purchase the equity of redemption and otherwise to sell and dispose of the mortgaged prop erty, all as shall seem in the best interest of the Authority and the holders of its bonds; and
(6) To mortgage, pledge, assign, or grant security interests in any or all of its mortgage loans or other collateral or participations therein, its mortgages and any interest of the Authority created thereby in the underlying real and personal properties covered by such mortgages as security for the payment of the principal of, and interest on, any bonds issued by the Authority, or as security for any agreements made in connection therewith, whether then owned or thereafter ac quired, and to pledge the revenues from which bonds are payable as security for the payment of the principal of and interest on said bonds and any agreements made in connection therewith.
(c) No eligible housing unit shall become subject to the provisions of Section 9 or Section 10 of this Act or entitled to the benefits of Sec tion 21 of this Act solely by reason of having been financed, directly or indirectly, with proceeds of bonds issued by an Authority for the purposes described in this section.
(d) Any bonds issued by an Authority as permitted under the terms of this Act which are issued for the purposes described in this section shall be issued in accordance with the provisions of this Act, except that such bonds may be sold at any price which shall be ap proved by the Authority and may be sold at public or private sale without any public advertisement.
(e) Bonds of an Authority which are issued for the purposes described in this section shall be confirmed and validated in accor dance with the procedures set forth in the Act known as the 'Revenue Bond Law,' as amended, and the judgment of validation shall have the same effect as is provided in said Revenue Bond Law.
(f) Any action pertaining to issuance of bonds of an Authority issued for the purposes described in this section, the rights of the holders thereof or the security therefor, and any action pertaining to the validation of any such bonds, shall be brought in the superior court of the county in which the eligible housing units to be financed with proceeds of such bonds are located, or if such eligible housing units shall be located in more than one county, in the superior court of any county where any of such eligible housing units are situated.''

FRIDAY, FEBRUARY 12, 1982

523

Part 2
Section 3. An Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, is amended by striking subsection (g) of Section 7 in its entire ty and substituting in lieu thereof a new subsection (g) to read as follows:
"(g) (1) As used in this subsection, 'urban residential finance authority' means an authority created pursuant to the 'Urban Residential Authorities Act for Large Municipalities,' approved April 18, 1979 (Ga. L. 1979, p. 4662), as amended, and a housing authority created pursuant to the 'Housing Authorities Law,' approved March 30, 1937 (Ga. L. 1937, p. 210), as amended.
(2) The 'state ceiling' on single family residential housing bonds, which is imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, shall be allocated in Georgia between the Georgia Residential Finance Authority and urban residential finance authorities according to the following formula:
(A) Subject to the limitations of subsection (a) of Section 9 of the Act, the Georgia Residential Finance Authority may issue single fami ly residential housing bonds for any calendar year in an amount not to exceed 85 per cent of the state ceiling for that year;
(B) Subject to the limitations provided by the laws applicable to such authorities, all of the urban residential finance authorities may issue single family residential housing bonds for any calendar year in a combined amount not to exceed 15 per cent of the state ceiling for that year;
(C) If by September 1 of each calendar year the Georgia Residen tial Finance Authority has not issued or has not indicated an intent to issue the maximum amount of single family residential housing bonds authorized hi subparagraph (A), the urban residential finance authorities are further authorized to issue additional single family residential housing bonds in an amount equal to the unused portion of the state ceiling authorized for the Georgia Residential Finance Authority. Indication of an intent to issue bonds shall be by official board action of the respective urban residential finance authorities and by the Georgia Residential Finance Authority and by the provi sion of written notification thereof to the Georgia State Financing and Investment Commission. Urban residential finance authorities shall also send a notice of intention to issue bonds to the Georgia Residen tial Finance Authority."
Part3
Section 4. Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Housing Authorities Law," is amend ed by adding immediately following Code Section 8-3-3 a new Code Sec tion 8-3-3.1 to read as follows:
"8-3-3.1. As used in this article, the term:

524

JOURNAL OF THE SENATE

(1) 'Community facilities' means the land, buildings, im provements, and equipment for such recreational, community, educa tional, and commercial facilities as the authority determines improve the quality of an eligible housing unit.
(2) 'Eligible housing unit' means real and personal property located in the state constituting single or multifamily dwelling units suitable for occupancy by low and moderate income families and such community facilities as may be incidental or appurtenant thereto.
(3) 'Low and moderate income families' means persons and families of one or more persons, irrespective of race, creed, national origin, or sex determined by the authority to require such assistance as is made available by this article on account of insufficient personal or family income, taking into consideration, without limitation, such factors as:
(A) The amount of total income of such persons and families available for housing needs;
(B) The size of the families;
(C) The cost and condition of housing facilities available;
(D) The ability of such persons and families to compete suc cessfully in the normal private housing market and to pay the amounts at which private enterprise is providing sanitary, decent, and safe housing; and
(E) If appropriate, standards established for various federal pro grams with respect to housing determining eligibility based on income of such persons and families.
(4) 'Mortgage lenders' means national banking associations, banks chartered under the laws of the state, savings and building and loan associations chartered under the laws of the state or of the United States of America, the Federal National Mortgage Association, and federal or state credit unions. The term shall also include mortgage bankers and other financial institutions or governmental agencies which are authorized to deal in mortgages insured or guaranteed by the federal government and other entities authorized to extend loans for single or multifamily housing under the laws of the state.
(5) 'Mortgage loans' means notes and other evidences of in debtedness secured by mortgages.
(6) 'Mortgaged property' means all properties, real, personal, and mixed, and all interests therein, including grants or subsidies with respect thereto, mortgaged, pledged, or otherwise provided in any manner as security for mortgage loans or loans to mortgage lenders.
(7) 'Mortgages' means security deeds, mortgages, deeds of trust, and other instruments granting security interests in real and personal properties constituting eligible housing units."

FRIDAY, FEBRUARY 12, 1982

525

Section 5. Said Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Housing Authorities Law," is fur ther amended by adding immediately following Code Section 8-3-34 a new Code Section 8-3-35 to read as follows:
"8-3-35. (a) It is found and declared that from time to time there has existed and at the present time there exists an inadequate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of the state with low and moderate income; that the inability to finance such single and multifamily dwelling units results in an inability of builders to construct such housing, causing unemployment or underemployment in the housing construction and related businesses and causing a lack of safe and sanitary housing to be available to per sons of low and moderate income; that such unemployment or underemployment in the housing construction and related businesses and an inadequate supply of safe and sanitary housing for persons of low and moderate income wastes human resources, increases the public assistance burden of the state, impairs the security of family life, impedes the economic and physical development of the state, adversely affects the welfare and prosperity of all of the people of the state and accordingly creates and fosters conditions adverse to the general health and welfare of the citizens of the state; that the making available in the manner provided in this Code section of a more ade quate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of low and moderate income will result in the alleviation or reduction of the adverse consequences which have resulted and may result from continued unemployment and underemployment in the housing construction and related businesses and the inadequate supply of such housing for persons of low and moderate income.
|b| In addition to the powers otherwise granted in this article, any authority shall have the following powers:
(1) To purchase mortgage loans or other forms of collateral and participations therein from mortgage lenders and other holders of such collateral and to make commitments therefor;
(2) To contract with mortgage lenders for the origination of, or the servicing of, mortgage loans to be made by such mortgage lenders to finance eligible housing units within the authority's area of operation and the servicing of the mortgages securing such mortgage loans;
(3) To make loans to mortgage lenders, provided that:
(A) The proceeds of such loans shall be required to be used by such mortgage lenders for the making of mortgage loans to finance eligible housing units within the authority's area of operation; and
(B) If required by the authority, the mortgages in connection with the mortgage loans so made, together with any additional security re quired by the authority, shall be mortgaged, pledged, assigned, or otherwise provided as security for such loans to mortgage lenders;

526

JOURNAL OF THE SENATE

(4) To issue bonds from time to time, in its discretion, to provide funds to purchase mortgage loans or other forms of collateral or par ticipation interests therein from mortgage lenders and to make loans to mortgage lenders and to make direct loans for eligible housing units as authorized in this Code section and to issue refunding bonds for the purpose of refunding or retiring bonds previously issued by it for any such purpose, in accordance with the provisions of this article, which may include, but are not limited to, bonds on which the principal and the interest are payable:

(A) Exclusively from the income and revenues of the authority from one or more specified mortgage loans or other forms of collateral or participation interests therein from one or more specific loans to mortgage lenders, regardless of whether such mortgage loans or other forms of collateral or participation interests therein were purchased or such loans to mortgage lenders were made from the proceeds of such bonds; or

(B) From revenues of the authority generally that are not other wise pledged or obligated;

(5) To exercise any and all rights accorded to the owner and holder

of a mortgage under and in accordance with the terms of said instru

ment and the applicable laws of the state with respect to the mortgag

ed property, directly or through mortgage lenders or others acting on

behalf of the authority or on behalf of the holders of its bonds, in

cluding, but without limitation, the power to foreclose, to forebear en

forcement of any remedy on such terms as the authority shall deem

appropriate, to sell the equity of redemption, to purchase the equity of

redemption, and otherwise to sell and dispose of the mortgaged prop

erty, all as shall seem in the best interest of the authority and the

holders of its bonds; and

<

(6) To mortgage, pledge, assign, or grant security interests in any or all of its mortgage loans or other collateral or participation interests therein, its mortgages, and any interest of the authority created thereby in the underlying real and personal properties covered by such mortgages as security for the payment of the principal of, and in terest on, any bonds issued by the authority, or as security for any agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues from which bonds are payable as security for the payment of the principal of and interest on said bonds and any agreements made in connection therewith.

(c) No eligible housing unit shall become subject to the provisions of Code Section 8-3-11 or Code Section 8-3-12 or entitled to the benefits of Code Section 8-3-8 solely by reason of having been financ ed, directly or indirectly, with proceeds of bonds issued by an authori ty for the purposes described in this Code section.

(d) Any bonds issued by an authority as permitted under the terms of this article which are issued for the purposes described in this Code section shall be issued in accordance with the provisions of this arti cle, except that such bonds may be sold at any price which shall be ap proved by the authority and may be sold at public or private sale without any public advertisement.

FRIDAY, FEBRUARY 12, 1982

527

(e) Bonds of an authority which are issued for the purposes described in this Code section shall be confirmed and validated in ac cordance with the procedures set forth in Article 3 of Chapter 82 of Ti tle 36 known as the 'Revenue Bond Law,' and the judgment of valida tion shall have the same effect as is provided in said Revenue Bond Law.
(f) Any action pertaining to issuance of bonds of an authority issued for the purposes described in this Code section, the rights of the holders thereof or the security therefor, and any action pertaining to the validation of any such bonds, shall be brought in the superior court of the county in which the eligible housing units to be financed with proceeds of such bonds are located, or if such eligible housing units shall be located in more than one county, in the superior court of any county where any of such eligible housing units are situated."
Part 4
Section 6. Code Section 8-3-176 of the Official Code of Georgia An notated, relating to the general powers of the Georgia Residential Finance Authority, is amended by striking subsection (g) in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:
"(g) (1) As used in this subsection 'urban residential finance authority' means an authority created pursuant to the 'Urban Residential Authorities Act for Large Municipalities,' approved April 18, 1979 (Ga. L. 1979, p. 4662), as amended, and a housing authority created pursuant to Article 1 of this chapter known as the 'Housing Authorities Law.'
(2) The state ceiling on single-family residential housing bonds, which is imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, shall be allocated in Georgia between the Georgia Residential Finance Authority and urban residential finance authorities according to the following formula:
(A) Subject to the limitations of subsection (a) of Code Section 8-3-180, the Georgia Residential Finance Authority may issue singlefamily residential housing bonds for any calendar year in an amount not to exceed 85 percent of the state ceiling for that year;
(B) Subject to the limitations provided by the laws applicable to such authorities, all of the urban residential finance authorities may issue single-family residential housing bonds for any calendar year in a combined amount not to exceed 15 percent of the state ceiling for that year;
(C) If by September 1 of each calendar year the Georgia Residen tial Finance' Authority has not issued or has not indicated an intent to issue the maximum amount of single-family residential housing bonds authorized in subparagraph (A) of this paragraph, the urban residen tial finance authorities are further authorized to issue additional single-family residential housing bonds in an amount equal to the unused portion of the state ceiling authorized for the Georgia Residen-

528

JOURNAL OF THE SENATE

tial Finance Authority. Indication of an intent to issue bonds shall be by official board action of the respective urban residential finance authorities and by the Georgia Residential Finance Authority and by the provision of written notification thereof to the Georgia State Financing and Investment Commission. Urban residential finance authorities shall also send a notice of intention to issue bonds to the Georgia Residential Finance Authority."
Parts
Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Parts 1 and 2 of this Act shall be repealed effective November 1, 1982.
(c) Parts 3 and 4 of this Act shall become effective on November 1, 1982.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committe, 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 Broun of 46th 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 Kennedy Kidd Land Lester

Littlefield McGill McKenzie Robinson Scott Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

FRIDAY, FEBRUARY 12, 1982

529

Those not voting were Senators:

Brantley Brown of 47th

Hudson Reynolds

Starr Thompson

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

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

SB 551. By Senator Littlefield of the 6th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, as amended, so as to provide that the board of commissioners may accept certain applications for reinstatement in said fund from prior members who have withdrawn the total sum which they had paid into the fund in dues; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

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 Tate, Chairman

Senate Retirement Committee

FROM:

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

DATE:

January 25, 1982

SUBJECT: Fiscal Note--Senate Bill 551 (LC 6 4366) Sheriffs' Retirement Fund of Georgia

This Bill would allow former members of the Fund who withdrew their contributions before January 1, 1982 to be reinstated as members provided they pay all dues which would have been paid as a member (plus 8% interest) and such penalty as the Board of Commissioners might provide. Such members must apply for reinstatement by June 30, 1982 and only prior service as a sheriff would be granted to reinstated members.

530

JOURNAL OF THE SENATE

One prior member of the Fund who would be eligible for reinstate ment has been identified. The actuary for the Fund has determined that this Bill would have a minimal cost impact on the Fund and would not adversely affect the Fund's actuarial soundness.

Is/ William M. Nixon State Auditor

1st C. T. Stevens, Director Office of Planning and Budget

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond 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 Holloway Horton Howard Hudgins Kennedy Kidd Land

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Tate Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Sutton and Trulock.

Those not voting were Senators:

Barker Brown of 47th

Hudson Stumbaugh

Thompson

On the passage of the bill, the yeas were 49, nays 2. The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 12, 1982

531

The following general bill of the Senate, having been read the third time and committed to the Committee on Governmental Operations on February 9, and favorably reported by the committee, was put upon its passage:

SB 564. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated, so as to require certain initial training for persons who serve as judges of the probate court; to provide for continued annual training; to exclude certain years of service from retirement eligibility; to provide for other matters relative to the foregoing; to provide an effective date.

The Senate Committee on Governmental Operations offered the following substitute to SB 564:
A BILL
To be entitled an Act to amend the Official Code of Georgia An notated, so as to require certain initial training for persons who serve as judges of the probate court; to provide for continued annual training; to exclude certain years of service from retirement eligibility; 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. The Official Code of Georgia Annotated is amended by adding between Code Sections 15-9-1 and 15-9-2 a new Code section, to be designated Code Section 15-9-1.1, to read as follows:
"15-9-1.1 (a) Any person who is or was elected, appointed, or made a judge of the probate court by operation of law on or prior to January 1, 1983, shall satisfactorily complete the required initial train ing course in the performance of his duties conducted by the Institute of Continuing Judicial Education of Georgia and shall file a certificate of such training issued by such institute with the secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia on or before December 31, 1983, in order to become a certified judge of the probate court. The time and place of such training course and number of hours shall be determined by the Executive Probate Judges Council of Georgia and the Institute of Continuing Judicial Education of Georgia.
(b) Any person who is elected, appointed, or becomes a judge of the probate court by operation of law after January 1, 1983, and who does not satisfactorily complete the initial training course prescribed by the Executive Probate Judges Council of Georgia and the Institute of Continuing Judicial Education of Georgia or who does not file a cer tificate of such training issued by the Institute of Continuing Judicial Education of Georgia with the secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia within one year after tak ing office as a judge of the probate court shall become a certified judge of the probate court upon completion of such requirements at any later time.

532

JOURNAL OF THE SENATE

(c) Each judge of the probate court shall be required to complete additional training prescribed by the Executive Probate Judges Coun cil of Georgia and the Institute of Continuing Judicial Education of Georgia during each year he serves as a judge of the probate court after the initial year of training and shall file a certificate of such addi tional training issued by the Institute of Continuing Judicial Education of Georgia with the secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia.
(d) For each year the training course required by subsection (a| or (b) or the additional training required by subsection (c) is not com pleted and the certificate not filed with the secretary-treasurer, such judge of the probate court will not receive credit for that year of ser vice for determining eligibility for retirement under the Judges of the Probate Courts Retirement Fund of Georgia; provided, however, that, if a judge fails to take the required training in any given year, he may make up such deficiency, in the next succeeding year only, by taking such additional training as may be prescribed for such purpose by the Executive Probate Judges Council and the Institute of Continuing Judicial Education of Georgia and filing an appropriate certificate of such training with the secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia.
(e) All expenses of training authorized or required by this Code section, including any tuition which may be fixed by the Institute of Continuing Judicial Education, shall be paid by the probate judge tak ing the training; but he shall be reimbursed by the Institute of Contin uing Judicial Education of Georgia to the extent that funds are available to the institute for such purpose; provided, however, if such funds are not available, each probate judge shall be reimbursed from county funds by action of the county governing authority."
Section 2. Said Code is further amended by adding at the end of Code Section 47-11-70, relating to eligibility for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, a new subsec tion (c| to read as follows:
"(c) Notwithstanding any other provisions of law, a judge of the probate court may not include service for eligibility purposes for years in which the judge has not completed the training requirements set out in Code Section 15-9-1.1."
Section 3. This Act shall become effective November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

One 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.

FRIDAY, FEBRUARY 12, 1982

533

On the passage of the 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 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield

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

Those not voting were Senators:

Bond Brown of 47th Fincher of 52nd

Holloway Hudson

Reynolds 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.
The following general bill of the House, having been read the third time and lost on March 18, 1981, reconsidered on March 18, 1981, committed to the Commit tee on Human Resources on January 11, 1982, withdrawn from the Committee on Human Resources on February 8 and committed to the Committee on Judiciary, and favorably reported by the committee, was put upon its passage:
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. Senate Sponsors: Senators Cobb of the 28th and Barnes of the 33rd.

534

JOURNAL OF THE SENATE

The Senate Committee on Judiciary offered the following substitute to HB 84:

A BILL
To be entitled an Act to amend Code Section 88-3114, relating to liability for emergency care, so as to provide immunity from civil liability for certain conduct by physicians as medical advisers to ambulance ser vices; to amend the Official Code of Georgia accordingly; to provide ef fective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 88-3114, relating to liability for emergency care, is amended by adding before the first sentence thereof the follow ing:

and by adding at the end thereof the following new subsections (b) and (c):
"(b) A physician shall not be civilly liable for damages resulting from that physician's acting as medical adviser to an ambulance ser vice, pursuant to Code Section 88-3118, if those damages are not a result of that physician's willful and wanton negligence.
(c) The immunity provided in this Code section shall apply only to those persons who perform the aforesaid emergency services for no remuneration.",
so that when so amended said Code section shall read as follows:
"Section 88-3114. Liability, (a) Any person, including agents and employees, who is licensed to furnish ambulance service and who in good faith renders emergency care to a person who is a victim of an accident or emergency shall not be liable for any civil damages to such victim as a result of any act or omission by such person in rendering such emergency care to such victim.
(b) A physician shall not be civilly liable for damages resulting from that physician's acting as medical adviser to an ambulance ser vice, pursuant to Code Section 88-3118, if those damages are not a result of that physician's willful and wanton negligence.
(c) The immunity provided in this Code section shall apply only to those persons who perform the aforesaid emergency services for no remuneration."

FRIDAY, FEBRUARY 12, 1982

535

Part 2
Section 2. Code Section 31-11-8 of the Official Code of Georgia An notated, relating to liability for persons rendering emergency care, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 31-11-8 to read as follows:
"31-11-8. (a) Any person, including agents and employees, who is licensed to furnish ambulance service and who in good faith renders emergency care to a person who is a victim of an accident or emergen cy shall not be liable for any civil damages to such victim as a result of any act or omission by such person in rendering such emergency care to such victim.
(b) A physician shall not be civilly liable for damages resulting from that physician's acting as medical adviser to an ambulance ser vice, pursuant to Code Section 31-11-50, if those damages are not a result of that physician's willful and wanton negligence.
(c) The immunity provided in this Code section shall apply only to those persons who perform the aforesaid emergency services for no remuneration."
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are 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 Bryant Cobb Coleman Coverdell

Deal Dean Eldridge English Engram Evans Fincher of 52nd

536

JOURNAL OF THE SENATE

Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd

Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens

Those not voting were Senators:

Brown of 47th Holloway

Hudson

Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
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 Starr of the 44th assumed the Chair at the direction of the President.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1157. By Representatives Colbert of the 23rd and Martin of the 60th: A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia An notated, relating to the regulation of fire and other hazards to persons and property, so as to require fire departments to make certain reports of incidents or suspected incidents of arson. Senate Sponsor: Senator Cobb of the 28th.
The Senate Committee on Public Safety offered the following amendment:
Amend HB 1157 by adding on Page 1, line 7, after the following: "circumstances;",
the following: "to require notifications prior to the payment of certain insurance
claims relating to reported incidents or suspected incidents of arson;".

FRIDAY, FEBRUARY 12, 1982

537

By adding on line 15 of page 1 after the following:
"25-2-33.1.",
the following: "(a)".
By striking the quotation marks on line 27 of Page 1 and adding be tween line 27 of Page 1 and line 1 of Page 2 the following:
"(b) Any insurance company which has received a report of an in cident or suspected incident of arson under subsection (a) of this Code section shall not pay any claim relating thereto prior to notifying in writing the state fire marshal of the date the claim is to be paid."

On the adoption of the amendment offered by the Committee on Public Safety, the yeas were 0, nays 29, and the amendment was lost.

Senator Cobb of the 28th offered the following amendment:

Amend HB 1157 by adding on line 7 of Page 1 after the following: "circumstances;",
the following: "to require notifications prior to the payment of certain insurance
claims relating to reported incidents or suspected incidents of arson;". By adding on line 15 of Page 1 after the following:
"25-2-33.1.",
the following:

By striking the quotation marks on line 27 of Page 1 and adding be tween line 27 of Page 1 and line 1 of Page 2 the following:
"(b) Any insurance company which has received a report of an in cident or suspected incident of arson under subsection (a) of this Code section shall not pay any claim relating thereto prior to notifying in writing the state fire marshal and local fire department of the date the claim is to be paid."

On the adoption of the amendment offered by Senator Cobb of the 28th, the yeas were 33, nays 0, and the amendment was adopted.

538

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond 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 Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Lester

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

Those not voting were Senators:

English Land

Starr, (presiding)

Wessels

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed and amended.
HB 1301. By Representatives Colwell and Twiggs of the 4th, Dover of the 11th 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; to amend the Official Code of Georgia Annotated accordingly. Senate Sponsor: Senator Foster of the 50th.

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

FRIDAY, FEBRUARY 12, 1982

539

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

Those voting in the affirmative were Senators:

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

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

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Thompson Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Barnes Brown of 47th

Evans Greene Hudgins

Kidd Tate Trulock

Those not voting were Senators:

Barker Bond

Littlefield Starr, (presiding)

Summers Wessels

On the passage of the bill, the yeas were 41, nays 9.

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

The President resumed the Chair.

The following general bills of the Senate, having been reconsidered previously today, were put upon their passage:

SB 528. By Senator Kidd of the 25th:
A bill to amend an Act providing minimum salaries for sheriffs to be paid from county funds, as amended, so as to provide adequate compensation for the sheriffs of the state; to change the minimum salaries provided by this Act.

540

JOURNAL OF THE SENATE

Senator Lester of the 23rd moved that the Senate reconsider its action in adop ting the following substitute to SB 528 offered by the Senate Committee on Govern mental Operations:

A BILL

To be entitled an Act to amend an Act providing minimum salaries for sheriffs to be paid from county funds, approved April 2, 1971 (Ga. L. 1971, p. 380), as amended, so as to provide adequate compensation for the sheriffs of the state; to change the minimum salaries provided by this Act; to change the provisions relating to longevity increases; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Parti

Section 1. An Act providing minimum salaries for sheriffs to be paid from county funds, approved April 2, 1971 (Ga. L. 1971, p. 380), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. Any other provisions of law to the contrary nonwithstanding, the minimum annual salary of each sheriff in the State of Georgia shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1980 or any future such census. Each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following
schedule:

Population 0- 5,999
6,000- 11,999 12,000- 19,999 20,000- 29,999 30,000- 39,999 40,000- 49,999 50,000- 99,999 100,000-199,999 200,000-299,999 300,000--and up

Minimum Salary $16,000 19,840 22,784 25,088 27,392 29,696 32,000 34,176 36,608 42,608."

Section 2. Said Act is further amended by striking in its entirety Sec tion 2, which reads as follows:

"Section 2. The amounts provided in Section 1 of this Act shall be increased by five percent for each four-year term of office served by any sheriff, figured at the end of each such period of service. Such in crease shall not have retroactive effect, except that the current term of sheriffs presently in office shall be counted for determining the ap-

FRIDAY, FEBRUARY 12, 1982

541

propriate salary under this Section. This Act shall not be construed to reduce the salary of any sheriff presently in office. The minimum salaries provided for in this Act shall be considered as salary only. Ex penses for deputies, equipment, supplies, copying equipment and other necessary and reasonable expenses for the operation of a sheriff's office shall come from funds other than the funds specified as salary in this Act.",

and inserting in lieu thereof a new Section 2 to read as follows:

"Section 2. The amounts provided in Section 1 shall be increased by 5 percent for each four-year term of office served by any sheriff, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term of sheriffs in office on July 1, 1982, shall be counted for determining the appropriate salary under this Act. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputies, equipment, sup plies, copying equipment, and other necessary and reasonable ex penses for the operation of a sheriff's office shall come from funds other than the funds specified as salary in this Act."

Part 2

Section 3. Chapter 16 of Title 15 of the Official Code of Georgia An notated, relating to sheriffs, is amended by striking Code Section 15-16-20 in its entirety and inserting in lieu thereof a new Code Section 15-16-20 to read as follows:

"15-16-20. (a) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed ac cording to the population of the county in which he serves, as deter mined by the United States decennial census of 1980 or any future such census. Each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population 0-- 5,999
6,000- 11,999 12,000- 19,999 20,000- 29,999 30,000-- 39,999 40,000- 49,999 50,000- 99,999 100,000--199,999 200,000-299,999 300,000--and up

Minimum Salary $16,000.00 19,840.00 22,784.00 25,088.00 27,392.00 29,695.00 32,000.00 34,176.00 36,608.00 42,608.00

jb) The amounts provided in subsection (a) of this Code section shall be increased by 5 percent for each four-year term of office serv ed by any sheriff, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term of sheriffs in office on July 1, 1982, shall be counted for determining the appropriate salary under this Code section.

542

JOURNAL OF THE SENATE

(c) The minimum salaries provided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, sup plies, copying equipment, and other necessary and reasonable ex penses for the operation of a sheriff's office shall come from funds other than the funds specified as salary in this Code section.
(d) This Code section shall not be construed to reduce the salary of any sheriff in office on July 1, 1982. All local legislation in effect on Ju ly 1, 1971, or enacted thereafter affecting compensation for sheriffs of the various counties shall be of full force and effect except where the same provides for a salary lower than provided in this Code section, in which event this Code section shall prevail."
Parts
Section 4. (a) Except as provided in subsection jc) of this section, this Act shall become effective July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the substitute to SB 528 offered by the Senate Committee on Governmental Operations was reconsidered.

Senator Greene of the 26th moved that the Senate reconsider its action in adop ting the following amendment offered by Senators Greene of the 26th, Robinson of the 27th, Hudgins of the 15th and Barnes of the 33rd:

Amend the substitute to SB 528 offered by the Senate Committee on Governmental Operations by striking on Page 2, line 1, and on Page 4, line 17, the following:
"199,999"
and inserting in lieu thereof the following: "149,999"
and
by striking on Page 2, line 18, and on Page 4, line 18, the following: "200,000"
and inserting in lieu thereof the following: "150,000".

FRIDAY, FEBRUARY 12, 1982

543

On the motion, the yeas were 40, nays 0; the motion prevailed, and the amend ment offered by Senators Greene of the 26th, Robinson of the 27th, Hudgins of the 15th and Barnes of the 33rd was reconsidered.
Senator Greene of the 26th asked unanimous consent to withdraw the amend ment offered by Senators Greene of the 26th, Robinson of the 27th, Hudgins of the 15th and Barnes of the 33rd; the consent was granted.

Senator Lester of the 23rd moved that the Senate reconsider its action in adop ting the following amendment offered by Senators Allgood of the 22nd, Greene of the 26th and Lester of the 23rd:

Amend the substitute to SB 528 offered by the Senate Committee on Governmental Operations by adding a new Section five (5) on Page 5 as follows:
"Richmond County, Georgia is specifically excluded from any and all provisions of this Act."
and
by renumbering Section 5 as Section 6.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the amend ment offered by Senators Allgood of the 22nd, Greene of the 26th and Lester of the 23rd was reconsidered.

Senator Lester of the 23rd asked unanimous consent to withdraw the amend ment offered by Senators Allgood of the 22nd, Greene of the 26th and Lester of the 23rd; the consent was granted.

Senators Allgood of the 22nd, Lester of the 23rd, Greene of the 26th and Robin son of the 27th offered the following amendment:

Amend the substitute to SB 528 offered by the Senate Committee on Governmental Operations by striking lines 9 through 19 on Page 2 and lines 9 through 19 on Page 4 in their entirety and inserting in lieu thereof in both of said places the following:

"Population

Minimum Salary

0- 5,999 6,000- 11,999 12,000- 19,999 20,000- 29,999 30,000- 39,999 40,000- 49,999 50,000- 99,999 100,000-149,999

$16,000 19,840 22,784 25,088 27,392 29,696 32,000 34,176

544

JOURNAL OF THE SENATE

150,000-179,999 180,000-199,999 200,000-299,999 300,000--and up

36,608 26,700
36,608 42,608.'

On the adoption of the amendment, the yeas were 40, nays 0, and the amend ment was adopted.

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

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

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

Those voting in the affirmative were Senators:

Allgood Ballard 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 Holloway Horton Howard Hudgins Hudson Kennedy Kidd Lester

Those voting in the negative were Senators:

Coverdell Land

Thompson

Those not voting were Senators:

Barker

Wessels

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

On the passage of the bill, the yeas were 50, nays 4.

FRIDAY, FEBRUARY 12, 1982

545

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

SB 552. By Senators Littlefield of the 6th and Hill of the 29th:
A bill to amend Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as amended, so as to change the population classifications; to change the minimum salaries of such of ficers; to provide for additional compensation to such officers for collect ing municipal taxes; to provide for other matters relative to the forego ing; to amend the Official Code of Georgia Annotated accordingly.

Senator Lester of the 23rd moved that the Senate reconsider its action in adop ting the following substitute to SB 552 offered by the Senate Committee on Govern mental Operations:

A BILL

To be entitled an Act to amend Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as amended, so as to change the population classifications; to change the minimum salaries of such officers; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other pur poses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Part 1

Section 1. Code Section 91 A-1373, relating to minimum salaries of tax collectors and tax commissioners, as amended, is amended by strik ing subsections (b) and (c) of said Code section in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:

"(b) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commis sioner in each county of the State who is compensated by an annual salary shall be fixed accordingly to the population of the county in which he serves as determined by the United States Decennial Census of 1980 or any future such census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0- 5,999 6,000- 11,999 12,000- 19,999 20,000- 29,999 30,000- 39,999

$12,725 15,840 17,920 19,085 20,675

546

JOURNAL OF THE SENATE

40,000-- 49,999 50,000- 99,999 100,000--149,999 150,000-199,999 200,000-349,999 350,000-up

23,050 25,345 31,000 33,280 36,600 40,100.

(c) In any county in which more than 50 percent of the population of the county, according to the United States Decennial Census of the 1980 or any future such census, resides on property of the United States Government which is exempt from taxation by this State, the population of the county for the purpose of subsection (b) shall be deemed to be the total population of the county minus the population of such county which resides on the property of the United States Government."

Part 2

Section 2. Code Section 48-5-183 of the Official Code of Georgia An notated, relating to minimum salaries of tax collectors and tax commis sioners, is amended by striking subsections (b) and (c) of said Code sec tion in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:

"(b) Any other law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner who is com pensated by an annual salary shall be fixed according to the popula tion of the county in which he serves as determined by the United States decennial census of 1980 or any future such census. Each such officer shall receive an annual salary payable in equal monthly in stallments from the funds of the county of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0- 5,999 6,000- 11,999 12,000- 19,999 20,000-- 29,999 30,000- 39,999 40,000- 49,999 50,000- 99,999 100,000-149,999 150,000-199,999 200,000-349,999 350,000-up

$12,725.00 15,840.00 17,920.00 19,085.00 20,675.00 23,050.00 25,345.00 31,000.00 33,280.00 36,600.00 40,100.00

(c) In any county in which more than 50 percent of the population of the county, according to the United States decennial census of 1980 or any future such census, resides on property of the United States government which is exempt from taxation by this state, the popula tion of the county for the purpose of subsection (b) of this Code sec tion shall be deemed to be the total population of the county minus the population of such county which resides on property of the United States government."

FRIDAY, FEBRUARY 12, 1982

547

Part3
Section 3. (a) Except as provided in subsection jc) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the substitute to SB 552 offered by the Senate Committee on Governmental Operations was reconsidered.

Senator Lester of the 23rd moved that the Senate reconsider its action in adop ting the following amendment offered by Senators Lester of the 23rd and Allgood of the 22nd:

Amend the substitute to SB 552 offered by the Senate Committee on Governmental Operations by adding a new Section four (4) on Page 4 as follows:
"Richmond County, Georgia is specifically excluded from any and all provisions of this Act."
and
by renumbering Section 4 as Section 5.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the amend ment offered by Senators Lester of the 23rd and Allgood of the 22nd was recon sidered.
Senator Lester of the 23rd asked unanimous consent to withdraw the amend ment offered by Senators Lester of the 23rd and Allgood of the 22nd; the consent was granted.
Senators Lester of the 23rd and Allgood of the 22nd offered the following amendment:
Amend the substitute to SB 552 offered by the Senate Committee on Governmental Operations by striking through lines 7 through 21 on Page 2 and lines 25 through 34 on Page 3 and lines 1 through 5 on Page 4 in their entirety and inserting in lieu thereof the following:

548

JOURNAL OF THE SENATE

'' Population
0-- 5,999 6,000-- 11,999 12,000-- 19,999 20,000- 29,999 30,000-- 39,999 40,000- 49,999 50,000-- 99,999 100,000--149,999 150,000-179,999 180,000-199,999 200,000--349,999 350,000-up

Minimum Salary
$12,725 15,840 17,920 19,085 20,675 23,050 25,345 31,000 33,280 26,000 36,000 40,100."

On the adoption of the amendment, the yeas were 37, nay 1, 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 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 Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Tate
Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Coverdell Land

Sutton Thompson

Tysinger

FRIDAY, FEBRUARY 12, 1982

549

Those not voting were Senators:

Barker Holloway

Hudgins

Wessels

On the passage of the bill, the yeas were 47, nays 5.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following local, uncontested resolutions of the Senate, favorably reported by the committee, were read the third time and put upon their adoption:
SR 266. By Senators Dean of the 31st and Brantley of the 56th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the homestead of each resident of Paulding County School District who is 65 years of age or over, regardless of income, shall be exempt from ad valorem taxation for educational purposes levied by or on behalf of the Paulding County School District, including ad valorem taxation to pay in terest on or to retire school bond indebtedness, in the amount of 50% of the assessed value of such homestead minus any applicable exemptions otherwise provided by this Constitution on such homestead for educa tional purposes, and to provide that the homestead of each resident of the Paulding County School District who is 70 years of age or over, regardless of income, shall be completely exempt from all ad valorem taxation for educational purposes levied by or on behalf of the Paulding County School District, including ad valorem taxation to pay interest on or to retire school bond indebtedness; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof:
"The homestead of each resident of the Paulding County School District who is 65 years of age or over, regardless of income, shall be exempt from ad valorem taxation for educational purposes levied by or on behalf of the Paulding County School District, including ad valorem taxation to pay interest on or to retire school bond in debtedness, in the amount of 50% of the assessed value of such homestead minus any applicable exemptions otherwise provided by this Constitution on such homestead for educational purposes. The value of all property in excess of the above exempted amount shall re main subject to taxation for educational purposes. The homestead of each resident of the Paulding County School District who is 70 years of age or older, regardless of income, shall be completely exempt from

550

JOURNAL OF THE SENATE

all ad valorem taxation for educational purposes levied by or on behalf of the Paulding County School District. As used herein, the term 'homestead' shall include only the homestead of each resident of the Paulding County School District actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax receiver or tax commissioner of Paulding County giving the age of the owner. The owner may be required to furnish such additional proof of age as may be requested by the tax receiver or tax commissioner prior to the receipt of such exemption provided for herein. The tax receiver or tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is fixed in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such in stances, such exemptions shall be granted to such properties, if claim ed in the manner herein provided by one or more of the owners ac tually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is fixed in an administrator, ex ecutor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications for herein and shall claim the exemptions granted by this paragraph in the man ner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1983."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the homestead of each resident of the Paulding County
[ ] NO School District who is 65 years of age or over, regardless of income, shall be exempt from ad valorem taxation for educational purposes levied by or on behalf of the Paulding County School District, including ad valorem taxation to pay interest on or to retire school bond in debtedness, in the amount of 50% of the assessed value of such homestead minus any applicable exemptions other wise provided by this Constitution on such homestead for educational purposes, and to provide that the homestead of each resident of Paulding County School District who is 70 years of age or over, regardless of income, shall be completely exempt from all ad valorem taxation for educational purposes levied by or on behalf of the Paulding County School District, including ad valorem taxation to pay interest on or to retire school bond in debtedness?"

FRIDAY, FEBRUARY 12, 1982

551

All persons desiring to vote in favor of ratifyng 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 Barnes Bell Bond 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 Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Lester

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

Those not voting were Senators:

Barker English

Hudgins McKenzie

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.

552

JOURNAL OF THE SENATE

SR 267. By Senator Dean of the 31 st:

A RESOLUTION
Proposing an amendment to the Constitution so as to increase from two hundered dollars to five hundred dollars the civil jurisdiction of justices of the peace in Polk County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is amended by adding at the end thereof the following paragraph:
"Provided, however, that in Polk County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars, and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such regulations as may be prescribed by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase from [ ] NO two hundred dollars to five hundred dollars the civil jurisdiction of justices of the peace in Polk County?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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 Barnes

Bell Bond Bowen

Brannon Brantley Broun of 46th

FRIDAY, FEBRUARY 12, 1982

553

Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge Engram Evans Fincher of 52nd Fincher of 54th Foster Garner

Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill Reynolds

Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker English

Hudgins McKenzie

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.

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

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 474. By Senator Barnes of the 33rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated; to codify laws of the State of Georgia, or por tions thereof, omitted from the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated.
The President announced that the Senate would stand in recess from 12:15 o'clock P.M. until 5:00 o'clock P.M., at which time the Senate would stand adjourn ed, pursuant to HR 621 adopted previously, until 10:00 o'clock A.M. Monday, February 15.

554

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 15, 1982 Eighteenth Legislative Day
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, February 12, 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 1477. ByRepresentativeJessupof the 117th:
A bill to amend an Act placing the Sheriff of Wilcox County on an annual salary, so as to change the compensation of the sheriff.

HB 1478. By Representatives Chambless of the 131st, McCollum of the 134th, White of the 132nd and others:
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 compen sation of the judge of that court.

HB 1487. By Representatives Mostiler and Fortune of the 71st, Benefield of the 72nd and others:
A bill to amend an Act to create and establish a Small Claims Court in and for Fayette County, Georgia, so as to change the fees for filing ac tions therein.

HB 1497. By Representatives Childs of the 51st, Williams of the 54th, Robinson of the 58th and others:
A bill to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain govern mental services; to provide for special service tax districts within DeKalb County; to provide for a district services ad valorem tax.

MONDAY, FEBRUARY 15, 1982

555

HB 1504. By Representative Dixon of the 151st:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, so as to change the compensation of the tax commissioner.

HB 1360. By Representative Edwards of the 110th:
A bill to change the terms of the Superior Court of Taylor County in the Chattahoochee Judicial Circuit; to amend the Official Code of Georgia Annotated accordingly.

HB 1447. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Code Section 57-109, relating to the prohibition pertain ing to the payment of interest on unpaid interest, so as to provide that in terest may be charged on unpaid interest under certain conditions; to amend the Official Code of Georgia Annotated accordingly.

HB 1284. By Representative Ramsey of the 3rd:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, so as to define the term "career criminal"; to change the provisions relating to the duties and functions of the Georgia Crime Information Center; to amend the Official Code of Georgia An notated accordingly.

HB 1285. By Representative Ramsey of the 3rd:
A bill to amend Code Section 24A-3503, relating to children's fingerprints and photographs, so as to provide that fingerprints of a child 13 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of certain crimes; to amend the Official Code of Georgia Annotated accordingly.

HB 1378. By Representatives Hawkins of the 50th, Ginsberg of the 122nd, Bray of the 70th and others:
A bill to amend an Act designating public and legal holidays in the State of Georgia, so as to provide conditions under which requests by certain state employees for time away from work for the observance of religious holidays shall be given consideration; to amend the Official Code of Georgia Annotated accordingly.

556

JOURNAL OF THE SENATE

HB 1400. By Representatives Scott of the 123rd, Triplett of the 128th, Ginsberg of the 122nd and others:
A bill to amend Code Chapter 93-3, relating to jurisdiction, powers, and duties of the Public Service Commission, so as to provide that a utility regulated by the Public Service Commission may file with the commis sion an application to determine the appropriate rate to recover the cost of conversion; to amend the Official Code of Georgia Annotated accord ingly.

HB 1502. By Representative Johnson of the 72nd:
A bill to amend Code Section 28-5-42 of the Official Code of Georgia An notated, relating to the introduction of retirement bills and bills having a significant impact upon anticipated revenue or expenditure levels and fiscal notes, so as to change the provisions relating to the content of fiscal notes.

HB 1267. By Representatives Johnson of the 72nd, Matthews of the 145th, Lane of the 81st and others:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to remove the limitation from the compensation to be paid the secretary-treasurer of the Board of Commissioners of the Sheriffs' Retire ment Fund of Georgia; to amend the Official Code of Georgia Annotated accordingly.

HB 1268. By Representatives Johnson of the 72nd, Matthews of the 145th, Lane of the 81st and others:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to provide that the Board of Commissioners of the Sheriffs' Retire ment Fund of Georgia may invest not more than 50 percent of the assets of the retirement fund in common stocks and equities; to amend the Of ficial Code of Georgia Annotated accordingly.

HB 1300. By Representatives Ginsberg of the 122nd and Davis of the 124th:
A bill to amend the "Trial Judges and Solicitors Retirement Fund Act," so as to authorize certain members of the fund and local retirement plans to withdraw from membership in either the state fund or the local retire ment plan and withdraw their contributions; to amend the Official Code of Georgia Annotated accordingly.

HB 1307. By Representatives Isakson and Nix of the 20th, Wilson and Darden of the 19th and others:
A bill to amend Code Section 40-2-28 of the Official Code of Georgia An notated, relating to the purchase of license plates and revalidation stickers by mail, so as to change the amount of the additional fee.

MONDAY, FEBRUARY 15, 1982

557

HB 1316. By Representative Johnson of the 72nd:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to change the provisions relative to the determination of certain rates of interest for use in all calculations required in connection with the Employees' Retirement System; to amend the Official Code of Georgia Annotated accordingly.

HB 1339. By Representative Johnson of the 72nd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change the requirements relating to the remission of employee and employer contributions; to provide for a penalty in the case of the failure or refusal of the employer to remit timely the employee and employer contributions; to amend the Official Code of Georgia Annotated accordingly.

HB 1240. By Representatives Bishop of the 94th, Smyre of the 92nd, Buck of the 95th and others:
A bill to amend Code Chapter 17-5 of the Official Code of Georgia An notated, relating to searches and seizures, so as to change the provisions relating to disposition of property seized.

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

HR 594. By Representative Dobbs of the 74th:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption for residents of the City of Covington in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the ci ty-

HR 617. By Representatives Aaron, Mangum and Workman of the 56th and others:
A resolution proposing an amendment to the Constitution to authorize the General Assembly at any time to abolish by local law the offices of justice of the peace, the offices of constable, and justice courts within DeKalb County and to authorize the General Assembly by local law to provide that other courts within DeKalb County shall exercise and be vested with the jurisdiction of justice courts in such manner as the General Assembly shall determine.

HR 589. By Representatives Wall of the 61st, Martin of the 60th, Phillips of the 59th and others:
A resolution to reconfirm House Resolution 161 from the 1975 regular session of the General Assembly of Georgia.

558

JOURNAL OF THE SENATE

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

SR 272. By Senators Holloway of the 12th and Hudson of the 35th: A resolution commending Ovid Davis.

The House has appointed a Second Committee of Conference on the following bill of Senate:

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; to repeal conflicting laws.

The Speaker has appointed on the part of the House, Representatives Davis of the 99th, Phillips of the 125th and Nicholson of the 88th.

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

HB 767. By Representative Jackson of the 77th:
A bill to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, so as to provide notice of title transfer to potential lienholders, provided they have notified the owner of their furnishing of materials, labor, or services.

HB 1403. By Representatives Chamberlin of the 73rd, Smith of the 152nd, Jones of the 78th and others:
A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia An notated, relating to the county law library, so as to provide for other uses of funds paid to the treasurer of the board of trustees of the county law library.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 669. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to provide that certain motor vehicle tag registra tion and certificate of title records shall be available for inspection by tax collectors, tax receivers, or tax commissioners; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.
Referred to Committee on Governmental Operations.

MONDAY, FEBRUARY 15, 1982

559

SB 670. By Senators Hill of the 29th and Cobb of the 28th:
A bill to amend an Act known as the "Georgia Radio Utility Act'', so as to include in definition of "radio service" the Domestic Public Cellular Radio Telecommunications Service rules of the Federal Communications Commission as one of the federal rules under which radio service may be authorized; to amend the Official Code of Georgia Annotated according ly; to provide effective dates.
Referred to Committee on Public Utilities.

SB 671. By Senators McGill of the 24th, Gillis of the 20th, Thompson of the 32nd and others:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia An notated, relating to juries, so as to change the number of peremptory challenges to jurors and alternate jurors which the state and the defen dant have in certain criminal trials; to provide an effective date.
Referred to Committee on Judiciary.

SB 672. By Senators Allgood of the 22nd, Barnes of the 33rd and Evans of the 37th:
A bill to amend Code Chapter 27-25, relating to sentence and executions, as amended, so as to require that the Attorney General and the attorney of record of a convicted person sentenced to death be notified of the date of execution and any changes in that date; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic re peal.
Referred to Committee on Special Judiciary.

SB 673. By Senators Greene of the 26th, Robinson of the 27th and Coleman of the 1st:
A bill relating to liability for malicious acts of children, as amended, so as to change the maximum amount of liability; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Special Judiciary.

SR 281. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state-owned property located in Baldwin County, Georgia; to provide an effective date. Referred to Committee on Public Utilities.

560

JOURNAL OF THE SENATE

SR 283. 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 for the enhancement and promotion of more effective citizen par ticipation in government by assisting in the development and maintenance of viable political institutions and parties; to provide for the appropriation of funds to accomplish the enhancement and promotion of citizen participation and of the development and maintenance of viable political institutions and parties; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 284. By Senators Gillis of the 20th and Howard of the 42nd:
A resolution creating the Senate Health and Medical Education Study Committee. Referred to Committee on Human Resources.

The following bills and resolutions of the House were read the first time and referred to committees:
HB 767. By Representative Jackson of the 77th:
A bill to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, so as to provide notice of title transfer to potential lienholders, provided they have notified the owner of their furnishing of materials, labor or services. Referred to Committee on Special Judiciary.
HB 1240. By Representatives Bishop of the 94th, Smyre of the 92nd, Buck of the 95th and others:
A bill to amend Code Chapter 17-5 of the Official Code of Georgia An notated, relating to searches and seizures, so as to change the provisions relating to disposition of property seized. Referred to Committee on Special Judiciary.
HB 1267. By Representatives Johnson of the 72nd, Matthews of the 145th, Lane of the 81st and others:
A bill to amend an Act creating the Sheriff's Retirement Fund of Georgia, so as to remove the limitation from the compensation to be paid the secretary-treasurer of the Board of Commissioners of the Sheriff's Retire ment Fund of Georgia; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Retirement.

MONDAY, FEBRUARY 15, 1982

561

HB 1268. By Representatives Johnson of the 72nd, Matthews of the 145th, Lane of the 81st and others:
A bill to amend an Act creating the Sheriff's Retirement Fund of Georgia, so as to provide that the Board of Commissioners of the Sheriffs' Retire ment Fund of Georgia may invest not more than 50 percent of the assets of the retirement fund in common stocks and equities; to amend the Of ficial Code of Georgia Annotated accordingly.
Referred to Committee on Retirement.

HB 1284. By Representative Ramsey of the 3rd:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, so as to define the term "career criminal"; to change the provisions relating to the duties and functions of the Georgia Crime Information Center; to amend the Official Code of Georgia An notated accordingly.
Referred to Committee on Public Safety.

HB 1285. By Representative Ramsey of the 3rd:
A bill to amend Code Section 24A-3503, relating to children's fingerprints or photographs, so as to provide that fingerprints of a child 13 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of certain crimes; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Public Safety.

HB 1300. By Representatives Ginsberg of the 122nd and Davis of the 124th:
A bill to amend the "Trial Judges and Solicitors Retirement Fund Act," so as to authorize certain members of the fund and local retirement plans to withdraw from membership in either the state fund or the local retire ment plan and withdraw their contributions; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Retirement.

HB 1307. By Representatives Isakson and Nix of the 20th, Wilson of the 19th and others:
A bill to amend Code Section 40-2-28 of the Official Code of Georgia An notated, relating to the purchase of license plates and revalidation stickers by mail, so as to change the amount of the additional fee.
Referred to Committee on Transportation.

562

JOURNAL OF THE SENATE

HB 1316. By Representative Johnson of the 72nd:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to change the provisions relative to the determination of certain rates of interest for use in all calculations required in connection with the Employees' Retirement System; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Retirement.

HB 1339. By Representative Johnson of the 72nd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change the requirements relating to the remission of employee and employer contributions; to provide for a penalty in the case of the failure or refusal of the employer to remit timely the employee and employer contributions; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Retirement.

HB 1378. By Representatives Hawkins of the 50th, Ginsberg of the 122nd, Bray of the 70th and others:
A bill to amend an Act designating public and legal holidays in the State of Georgia, so as to provide conditions under which requests by certain state employees for time away from work for the observance of religious holidays shall be given consideration; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Governmental Operations.

HB 1400. By Representatives Scott of the 123rd, Triplett of the 128th, Ginsberg of the 122nd and others:
A bill to amend Code Chapter 93-3, relating to jurisdiction, powers, and duties of the Public Service Commission, so as to provide that a utility regulated by the Public Service Commission may file with the commis sion an application to determine the appropriate rate to recover the cost of conversion; to amend the Official Code of Georgia Annotated accord ingly.

Senator Coleman of the 1st moved that HB 1400 be engrossed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1400 was engrossed.

Referred to Committee on Public Utilities.

MONDAY, FEBRUARY 15, 1982

563

HB 1403. By Representatives Chamberlin of the 73rd, Smith of the 152nd, Jones of the 78th and others:
A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia An notated, relating to the county law library, so as to provide for other uses of funds paid to the treasurer of the board of trustees of the county law library.
Referred to Committee on Judiciary.

HB 1447. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Code Section 57-109, relating to the prohibition pertain ing to the payment of interest on unpaid interest, so as to provide that in terest may be charged on unpaid interest under certain conditions; to amend the Official Code of Georgia Annotated.
Referred to Committee on Banking, Finance and Insurance.

HB 1502. By Representative Johnson of the 72nd:
A bill to amend Code Section 28-5-42 of the Official Code of Georgia An notated, relating to the introduction of retirement bills and bills having a significant impact upon anticipated revenue or expenditure levels and fiscal notes, so as to change the provisions relating to the content of fiscal notes.
Referred to Committee on Retirement.

HB 1360. By Representative Edwards of the 110th:
A bill to change the terms of the Superior Court of Taylor County in the Chattahoochee Judicial Circuit; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs.

HB 1477. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Wilcox County on an annual salary, so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 1478. By Representatives Chambless of the 131st, McCollum of the 134th, White of the 132nd 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 compen sation of the judge of that court.
Referred to Committee on County and Urban Affairs.

564

JOURNAL OF THE SENATE

HB 1487. By Representatives Mostiler and Fortune 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, Georgia, so as to change the fees for filing ac tions therein.
Referred to Committee on County and Urban Affairs.

HB 1497. By Representatives Childs of the 51st, Williams of the 54th. Robinson of the 58th and others:
A bill to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain govern mental services; to provide for special service tax districts within DeKalb County; to provide for a district services ad valorem tax.
Referred to Committee on County and Urban Affairs.

HB 1504. By Representative Dixon of the 151st:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

HR 589. By Representatives Wall of the 61st, Martin of the 60th, Phillips of the 59th and others:
A resolution to reconfirm House Resolution 161 from the 1975 regular session of the General Assembly of Georgia.
Referred to Committee on Judiciary.

HR 594. By Representative Dobbs of the 74th:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption for residents of the City of Covington in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the ci ty.
Referred to Committee on County and Urban Affairs.

HR 617. By Representatives Aaron, Mangum and Workman of the 56th and others:
A resolution proposing an amendment to the Constitution to authorize the General Assembly at any time to abolish by local law the offices of justice of the peace, the offices of constable, and justice courts within DeKalb County and to authorize the General Assembly by local law to provide that other courts within DeKalb County shall exercise and be vested with the jurisdiction of justice courts in such manner as the General Assembly shall determine.
Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 15, 1982

565

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

Mr. President:

The 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 1111. Do pass. HB 1277. Do pass. HB 1404. Do pass. HB 1416. Do pass. HB 1417. Do pass. HB 1418. Do pass. HB 1428. Do pass.

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

Mr. President:

The 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 542. Do pass as amended.

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 475. By Senators Starr of the 44th, Howard of the 42nd 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 provide for a change in the compensation of certain state officials; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

566

JOURNAL OF THE SENATE

SB 532. By Senators Land of the 16th, Robinson of the 27th, Barker of the 18th and others:
A bill to amend an Act providing that all meetings of any state depart ment, agency, board, bureau, commission, or political subdivision shall be open to the public at all times, as amended, so as to require advance public notice of meetings; to amend the Official Code of Georgia An notated accordingly.

SB 533. By Senators Land of the 16th, Robinson of the 27th, Barker of the 18th and others:
A bill to amend an Act providing that all meetings of any state depart ment shall be open to the public at all times, as amended, so as to provide that meetings at which public business is to be discussed and at which a quorum of the agency is expected to be present shall be open to the public at all times.

SB 534. By Senators Land of the 16th, Robinson of the 27th, Barker of the 18th and others:
A bill to amend an Act providing that all meetings of any state depart ment shall be open to the public at all times, as amended, so as to change the provisions relating to the attorney-client privilege; to amend the Of ficial Code of Georgia Annotated accordingly.

SB 577. By Senators Bond of the 39th and McGill of the 24th:
A bill to amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, as amended, so as to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 599. By Senator Broun of the 46th:
A bill to amend Code Section 68B-307, relating to the authority of the Department of Public Safety, to suspend or revoke licenses, as amended, so as to require the Department of Public Safety to deduct any points assessed against an individual under certain circumstances; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 601. By Senators Dean of the 31st, McKenzie of the 14th and Bell of the 5th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a Georgia Commission on State Growth Policy; to provide a short title; to provide for findings and purpose; to provide for functions and duties of the commission; to provide for intergovernmental relations; to provide for meetings and hearings; to provide for an executive director and other staff.

MONDAY, FEBRUARY 15, 1982

567

SB 602. By Senators Dean of the 31st, McKenzie of the 14th and Bell of the 5th:
A bill to amend Chapter 2 of Title 8 of the Official Code of Georgia An notated, relating to standards and requirements for the construction and alteration of buildings and other structures, so as to provide for the cer tification of industrialized buildings and for the establishment of uniform health and safety standards and inspection procedures for industrialized buildings; to provide an effective date.

SB 616. By Senator Tysinger of the 41st:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia An notated, relating to professional engineers and land surveyors, so as to provide for the registration of all firms, corporations, professional cor porations, partnerships, associations, or other entities practicing or offer ing to practice professional engineering services in the State of Georgia.

SB 617. By Senator Tysinger of the 41st:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia An notated, relating to the regulation of professional engineers and land surveyors, so as to prohibit the use of certain words for advertisement purposes; to provide a penalty; to provide an effective date.

SB 618. By Senator Tysinger of the 41st:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that the Secretary of State shall not issue a name registration for a foreign or domestic corporation or a renewal for a registered corporate name when the name to be registered contains certain words unless he has determined that the corporation applying for the name is in compliance with certain provisions of law.

SB 631. By Senator Dean of the 31st:
A bill to amend an Act placing certain officers of Polk County on an an nual salary in lieu of a fee system of compensation, as amended, so as to change the number of deputies to be employed by the sheriff.

SB 632. By Senators Dean of the 31st, Timnions of the llth, Bowen of the 13th and others:
A bill to amend Code Chapter 24-28, relating to sheriffs, as amended, so as to provide for bonds of deputies; to amend Code Chapter 89-4, relating to official bonds, as amended, so as to change the provisions relating to bonds of deputies of public officials; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.

568

JOURNAL OF THE SENATE

SB 642. By Senators Cobb of the 28th, Deal of the 49th, Bowen of the 13th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures with respect to controlled substances, so as to provide that money and currency which is forfeited or which is realized from the sale or disposition of forfeited property and paid into the county treasury shall only be expended by the county for law en forcement purposes; to provide an effective date.

SB 643. By Senators Cobb of the 28th, Thompson of the 32nd and Hill of the 29th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia An notated, relating to used motor vehicles parts dealers, dismantlers, rebuilders, and salvage dealers, so as to change the provisions relative to liability insurance requirements which must be shown in applications for licenses to operate as a dealer under said chapter; to provide an effec tive date.

SB 651. By Senators Littlefield of the 6th and Bryant of the 3 rd:
A bill to repeal an Act entitled "An Act to increase the salary paid to the Judge of the Juvenile Court of Glynn County, Georgia; to provide for the payment of said salary; to repeal all laws in conflicts with this Act; and for other purposes", as amended.

SB 652. 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 provisions relating to the compensation of the tax commissioner; to change the provisions relating to the personnel of the office of tax commissioner; to provide an effective date.

SB 653. 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 provisions relating to the compensation of the clerk and the clerk's personnel; to provide an effective date.

SR 259. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to change the amount of the reward which the General Assembly is authorized to provide to the first person, firm, or corporation, or com bination thereof, which puts down and brings in the first commercial oil well in this state; to provide for the submission of this amendment for ratification or rejection.

MONDAY, FEBRUARY 15, 1982

569

HB 1160. By Representatives Isakson of the 20th and Adams of the 36th:
A bill to amend Code Section 84-2104, relating to the Board of Registra tion for Professional Engineers and Land Surveyors, so as to continue the board and the laws relating thereto but to provide for the later termina tion of the board and the laws relating thereto.

HB 1365. By Representatives Murphy of the 18th, Lambert of the 112th and Argo of the 63rd:
A bill to repeal an Act providing an appropriation to the Georgia Depart ment of Administrative Services for the Fiscal Year 1982, approved September 8, 1981; to provide for the disposition of state funds withdrawn from the state treasury.

HB 1182. By Representative Wall of the 61st:
A bill to amend the new charter for the City of Lawrenceville, Georgia so as to exclude certain described property from the corporate limits to the City of Lawrenceville, Georgia.

HB 1231. By Representatives Mullinax of the 69th, Aaron of the 57th, Oliver of the 121st and others:
A bill to amend an Act known as the Employment Security Law, so as to delete the national trigger for extended benefits as required by the Federal Unemployment Tax Act; to remove obsolete dates; to change the state trigger for extended benefits.

HB 1235. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A bill to amend an Act providing appropriations for the fiscal year 1981-82, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1981-82.

HB 1245. By Representatives Williams of the 48th, Childs of the 51st, Vandiford of the 53rd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the automatic transfer of dispossessory and garnishment cases of DeKalb County.

HB 1250. By Representatives Richardson of the 52nd, Vandiford of the 53rd, Childs of the 51st and others:
A bill to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, so as to redefine and describe correctly Commissioners Districts 1,2,3, and 4 established therein.

570

JOURNAL OF THE SENATE

HB 1161. By Representatives Isakson of the 20th, Adams of the 36th, Johnson of the 66th and others:
A bill to amend Chpater 8 of Title 50 of the Official Code of Georgia An notated, relating to the Department of Community Affairs, so as to change the purpose, powers and duties of said department; to change the membership and duties of a certain advisory committee; to provide for boundary changes of area planning and development commissions.

HB 1262. By Representative Jackson of the 77th:
A bill to amend an Act providing for a Board of Elections in each county of this state having a population of not less than 22,312 nor more than 22,825, according to the United States decennial census of 1970 or any future such census, so as to change the population bracket as a result of the 1980 census.

HR 540. By Representatives Veazey and Perry of the 146th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolidation of the government of the City of Tifton and Tift County.

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.

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 Bryant
Cobb Coleman Coverdell Deal
Dean Eldridge
English Engram

Evans
Fincher of 52nd Foster Gamer Gillis Greene Hill Holloway Horton Howard
Hudgins Hudson Kennedy Kidd
Lan(j Lester
Littlefield

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

MONDAY, FEBRUARY 15, 1982

571

Those not answering were Senators:

Ballard Brown of 47th

Fincher of 54th

Robinson

Senator Deal of the 49th introduced the chaplain of the day, Reverend Jimmy Moor, pastor of Trinity United Methodist Church, Clermont, Georgia, who offered scripture reading and prayer.

Senator Greene of the 26th introduced the doctor of the day, Dr. Beverly Sanders, of Macon, Georgia.

Senator Coverdell of the 40th moved that the following bill of the Senate be withdrawn from the Committee on Special Judiciary and committed to the Commit tee on County and Urban Affairs:

SB 654. By Senator Evans of the 37th:
A bill to amend an Act authorizing counties to establish and maintain law libraries, as amended, so as to provide that a city court of any city of the state having a population of 300,000 or more according to the 1980 United States decennial census or any future such census shall not be re quired to collect any costs that may be required by the foregoing Act; to amend the Official Code of Georgia Annotated accordingly.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 654 was withdrawn from the Committee on Special Judiciary and committed to the Commit tee on County and Urban Affairs.

The President recognized the family of the late Stephen Dow Nimrner.

The following resolutions of the Senate were read and adopted:

SR 285. By Senators Eldridge of the 7th, Wessels of the 2nd, Kidd of the 25th and others:
A resolution expressing sympathy at the passing of Stephen Dow Nimmer.

SR 287. By Senator Horton of the 17th: A resolution commending Vincent Jones.

572

JOURNAL OF THE SENATE

SENATE CALENDAR Monday, February 15, 1982 EIGHTEENTH LEGISLATIVE DAY

SB 182. Sentence and Executions--punishment by confinement at residence certain circumstances (SUBSTITUTE) (Off R-9th)
SB 496. Human Resources Department--fees for certain services (SUBSTITUTE) (Hum R-42nd)
SB 503. Probation--community service as condition (SUBSTITUTE) (Off R-- 36th)
SB 519. Conditional Drivers' Licenses--16 or 17 year olds (SUBSTITUTE) (Pub Saf-40th)
SB 531. County Probation System--part of statewide probation system (Off R-- 40th)
SB 558. Offender Rehabilitation Uniformed Officers--compensation increase (SUBSTITUTE) (Off R-25th)
SB 559. DUI of Alcohol or Drugs--change penalties (Pub Saf--32nd)
SB 561. Board of Medical Examiners--later terminate (SUBSTITUTE) (Hum R-- 52nd)
SB 566. Mobile Death Chamber--for carrying out sentence in county convicted (OffR-19th)
SB 571. Pleas of Insanity--change provisions relating to (Judy--16th)
SB 581. System of Community Care and Services for Elderly--new Code chapter establishing (SUBSTITUTE) (Hum R-42nd)
SB 584. Inmates Employed in Correctional Industries--prohibit compensation (Off R-4th)
SB 585. Prisoners--no earned-time allowance until sentence becomes final (Off R-4th)
SB 592. Board of Podiatry Examiners--continue but later terminate (AMENDMENTS) (Hum R-52nd)
SB 604. Board of Medical Examiners--continue but later terminate (AMENDMENT) (Hum R-26th)
SB 608. Motor Vehicle Operator--owes to passengers ordinary care (Judy--33rd)
SB 621. Motor Vehicle Windows Treated with Certain Reflective Materialsprohibit (SUBSTITUTE) (Pub Saf-28th)

MONDAY, FEBRUARY 15, 1982

573

SB 625. Atlantic Judicial Circuit Superior Court Judges--increase to three (Judy-- 4th)
SB 626. Trout Waters--revise list of those classified (NREQ--20th)
SR 229. Baldwin County Property Conveyance--J.P. Stevens & Company (Pub U-25th)
SR 239. Persons Driving under Influence--State Patrol set up roadblocks (Pub Saf-32nd)
SR 249. Real Property in Frederica River, Glynn County--convey easement (SUBSTITUTE) (Pub U-6th)
SR 255. Death Penalty--urge Congress to pass certain legislation (Off R--54th)
HB 218. Prison Inmates with Outstanding Sentences--placement of detainers (SUBSTITUTE) (Off R-52nd)
HB 931. Habeas Corpus Proceedings--waiver of rights and effect of waiver (SUBSTITUTE) (Judy-33rd)
HB 1109. Withdrawing Water from Surface Waters for Irrigation--reporting information (AMENDMENT) (NREQ-20th)
HB 1110. Groundwater Use Act--change provisions on exemptions (AMENDMENT) (NREQ_-20th)
HB 1153. Code Section on Carrying Weapons--amend (SUBSTITUTE) (Judy--llth)
HB 1192. Oath of Juries on Voir Dire--judge or clerk administer (Judy--33rd)
HB 1280. Certain Activities Relating to Dogfighting--unlawful (NREQ--42nd)
HB 1292. Mutual Aid Resource Pacts for Fire Protection--participants (Judy--33rd)
HR 536. Miller County--conveyance of interest in real property (Pub U--11th)
SB 560. Superior Court Clerk's Retirement--time limit for application for eligibility (SUBSTITUTE) (Gov Op-25th)

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
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.

574

JOURNAL OF THE SENATE

The Senate Committee on Offender Rehabilitation offered the following substitute to SB 182:
A BILL
To be entitled an Act to amend Code Chapter 26-25, relating to obstruction of law enforcement, as amended, so as to change the defini tion of the crime of escape; to amend an Act known as the "Statewide Probation Act," approved February 8, 1956 (Ga. L. 1956, p. 27), as amended, so as to provide for sentences of probation which allow punishment by confinement at residence under certain circumstances; to provide for defendants violating the terms and conditions of confinement to their residences; to further define the crime of escape; to provide for consecutive sentences under certain circumstances; to amend the Of ficial Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. Code Chapter 26-25, relating to obstruction of law en forcement, as amended, is amended by striking Code Section 26-2501 in its entirety and inserting in lieu thereof a new Code Section 26-2501 to read as follows:
"26-2501. Escape. A person commits escape when he: (a) having been convicted of a felony or misdemeanor, or of the violation of a municipal ordinance, intentionally escapes from lawful custody or from any place of lawful confinement; or (b) being in lawful custody or lawful confinement prior to conviction, intentionally escapes from such custody or confinement; or (c) being on probation subject to con finement at his residence pursuant to Section 10A of an Act known as the 'Statewide Probation Act,' intentionally violates the terms and conditions of confinement at his residence by being away from his residence at an unauthorized time. A person who, having been con victed of a felony or misdemeanor, is convicted of escape shall be punished by imprisonment for not less than one nor more than five years. Any other person convicted of escape shall be punished as for a misdemeanor except that a person who commits escape while armed with a dangerous weapon shall, upon conviction, be punished by im prisonment for not less than one nor more than 10 years."
Section 2. An Act known as the "Statewide Probation Act," ap proved February 8, 1956 (Ga. L. 1956, p. 27), as amended, is amended by adding between Sections 10 and 11 a new section, to be designated Sec tion 10A, to read as follows:
"Section IDA. Special condition of probation, home confinement, (a) (1) With the exception of cases in which life imprisonment or capital punishment is imposed, it is within the authority and discre tion of the sentencing judge to probate the sentence of a defendant and to allow such sentence to be served by confinement of the defen dant at his residence, with the exception of certain hours of the day as provided in the terms and conditions of probation.

MONDAY, FEBRUARY 15, 1982

575

(2) The court shall determine the terms and conditions of proba tion with confinement to residence and may provide that the proba tioner shall, in addition to such other conditions of probation as may be imposed by the court, (A) remain confined to his residence during certain hours of the day; (b) avoid injurious and vicious habits; (C) avoid the use of alcohol or drugs; (D) consent to periodic alcohol and drug tests; (E) permit such officer to visit him at his home or elsewhere; (F) work faithfully at suitable employment insofar as may be possible; (G) make reparation or restitution to any aggrieved per son for the damage or loss caused by his offense in an amount to be determined by the court; provided, however, that no reparation or restitution to any aggrieved person for the damage or loss caused by his offense shall be made if the amount is in dispute, unless the same has been adjudicated; (H) support his legal dependents to the best of his ability; (I) violate no local, state, or federal laws and be of general good behavior.
(b) Any defendant found to be in violation of any of the terms and conditions of his sentence of probation shall, after notice and hearing on same before the sentencing court, be subject to have such proba tion or any part thereof revoked as provided in Section 12.
(c) When any defendant violating the terms and conditions of confinement at his residence is convicted of the crime of escape (Code Section 26-2501), any term of imprisonment assessed against the defendant for the crime of escape shall be served consecutively to the prior sentence for which the defendant is incarcerated."
Part 2
Section 3. The Official Code of Georgia Annotated is amended by striking in its entirety subsection (a) of Code Section 16-10-52 and insert ing in lieu thereof a new subsection (a) to read as follows:
" (a) A person commits the offense of escape when he:
(1) Having been convicted of a felony or misdemeanor or of the violation of a municipal ordinance, intentionally escapes from lawful custody or from any place of lawful confinement; or
(2) Being in lawful custody or lawful confinement prior to convic tion, intentionally escapes from such custody or confinement; or
(3) Being on probation subject to confinement at his residence as provided in Code Section 42-8-35.1, intentionally violates the terms and conditions of confinement at his residence by being away from his residence at an unathorized time."
Section 4. Said Code is further amended by adding in Chapter 8 of Title 42, between Code Sections 42-8-35 and 42-8-36, a new Code section, to be designated Code Section 42-8-35.1, to read as follows:
"42-8-35.1. (a) (1) With the exception of cases in which life im prisonment or capital punishment is imposed, it is within the authori-

576

JOURNAL OF THE SENATE

ty and discretion of the sentencing judge to probate the sentence of a defendant and to allow such sentence to be served by confinement of the defendant at his residence, with the exception of certain hours of the day as provided in the terms and conditions of probation.
(2) The court shall determine the terms and conditions of proba tion and may provide that the probationer shall, in addition to such other conditions of probation as may be imposed by the court:
(A) Remain confined to his residence during certain hours of the day;
(B) Avoid injurious and vicious habits;
(C( Avoid the use of alcohol or drugs;
(D) Consent to periodic alcohol and drug tests;
(E) Permit the supervisor to visit him at his home or elsewhere;
(F) Work faithfully at suitable employment insofar as may be possible;
(G) Make reparation or restitution to any aggrieved person for the damage or loss caused by his offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by his offense shall be made if the amount is in dispute, unless the same has been adjudicated;
(H) Support his legal dependents to the best of his ability;
(I) Violate no local, state, or federal laws and be of general good behavior.
(b) Any defendant found to be in violation of any of the terms and conditions of his sentence of probation shall, after notice and hearing on same before the sentencing court, be subject to have such proba tion or any part thereof revoked as provided in Code Section 42-8-38.
(c) When any defendant violating the terms and conditions of confinement at his residence is convicted of the crime of escape pur suant to Code Section 16-10-52, any term of imprisonment assessed against the defendant for the crime of escape shall be served con secutively to the prior sentence for which the defendant is in carcerated."
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.

MONDAY, FEBRUARY 15, 1982

577

Section 6. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Bowen Brannon Brantley 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 Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Broun of 46th

Brown of 47th Holloway (presi<

Summers

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

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 496. By Senators Howard of the 42nd and Trulock of the 10th: A bill to provide for the charging of certain fees for certain social services under certain circumstances; to amend the Official Code of Georgia An notated accordingly; to provide effective dates and automatic repeal.

578

JOURNAL OF THE SENATE

The Senate Committee on Human Resources offered the following substitute to SB 496:
A BILL
To be entitled an Act to provide for the charging of certain fees for certain social services under certain circumstances; to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, which chapter relates to the department, commission, and board of human resources, so as to provide for the same changes described above; to provide for ef fective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Parti
Section 1. The Department of Human Resources shall charge a fee to persons receiving from the department or from any county depart ment of family and children services any of the following social services:
(1) Independent, relative, and stepparent adoption reports to a court;
(2) Agency adoptions, except those adoptions meeting the depart ment's criteria for "children with special needs";
(3) Home evaluations in divorce actions;
(4) Home evaluations in child custody actions, except those evaluations resulting from child abuse, neglect, and exploitation reports; and
(5) Homemaker services, except in those cases meeting the department's criteria for protective services eligibility.
The department may charge fees to pesons receiving from the department or from any county department of family and children services any other social services. Fees required or authorized by this section shall be based on the ability to pay of the person receiving the social services. No person shall be denied services based upon inabili ty to pay. No fees for social services shall be required under this sec tion if that requirement would result in the loss of federal funds to the department or to a county department of family and children services.
Part 2
Section 2. Chapter 2 of Title 49 of the Official Code of Georgia An notated, which chapter relates to the department, commissioner, and board of human resources, is amended by adding at the end thereof a new Code Section 49-2-14 to read as follows:

MONDAY, FEBRUARY 15, 1982

579

"49-2-14. The Department of Human Resources shall charge a fee to persons receiving from the department or from any county department of family and children services any of the following social services:
(1) Independent, relative, and stepparent adoption reports to a court;
(2) Agency adoptions, except those adoptions meeting the depart ment's criteria for 'children with special needs';
(3) Home evaluations in divorce actions;
(4) Home evaluations in child custody actions, except those evaluations resulting from child abuse, neglect, and exploitation reports; and
(5) Homemaker services, except in those cases meeting the department's criteria for protective services eligibility.
The department may charge fees to persons receiving from the department or from any county department of family and children services any other social services. Fees required or authorized by this Code section shall be based on the ability to pay of the person re ceiving the social services. No person shall be denied services based upon inability to pay. No fee for social services shall be required under this Code section if that requirement would result in the loss of federal funds to the department or to a county department of family and children services."
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982.
(b| Part 1 of this Act shall be repealed effective November 1, 1982.
(c| Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senators Dean of the 31st and Brantley of the 56th offered the following amend ment:
Amend the substitute to SB 496 offered by the Senate Committee on Human Resources by adding in line 3 of Page 2 and line 3 of Page 3 after the following:
"social services",

580

JOURNAL OF THE SENATE

the following:
", provided that no fee may be charged for those services for which cost of care may not be recovered under the 'Community Ser veidc"e.s Act for the Mentally Retarded,' (Ga. L. 1972, p. 700), as amend

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 33, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

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

Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis Hill Horton Howard Hudgins Hudson Kennedy Land Lester

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

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Brown of 47th Fincher of 52nd Greene

Holloway (presiding) Littlefield

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

Tate Tirnmons

MONDAY, FEBRUARY 15, 1982

581

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

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 496.

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

SB 474. By Senator Barnes of the 33rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated; to codify laws of the State of Georgia, or por tions thereof, omitted from the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated.

The House amendments were as follows:

Amendment No. 1:

Amend SB 474 by adding between lines 18 and 19 of Page 33 the following:
"(17.1) Said title is further amended by inserting the word 'State' preceding 'Board of Pharmacy' wherever it appears in Chapter 13 of Title 16, relating to controlled substances."
By adding between lines 20 and 21 of Page 36 the following:
"(6.1) Said title is further amended by deleting 'Chapter 9 of this title' and inserting in lieu thereof 'this chapter' in subsection (c) of Code Section 19-9-1, relating to the initial determination and review of determinations of child custody in the case of a divorce.
(6.2) Said title is further amended by deleting 'Chapter 9 of this ti tle' and inserting in lieu thereof 'this chapter' in subsection (c) of Code Section 19-9-3, relating to discretion of the court in child custody disputes between parents."
By adding between lines 8 and 9 of Page 41 the following:
"(11.1) Said title is further amended by adding the word 'in' preceding 'subsection' in subsection (c) of Code Section 21-2-384, relating to the oaths of absentee electors and persons assisting absentee electors.

582

JOURNAL OF THE SENATE

(11.2) Said title is further amended by designating the first un numbered paragraph as subsection (a) in Code Section 21-2-402, relating to the preparation of voter's certificates by the Secretary of State.
By adding between lines 26 and 27 of Page 41 the following:
"(15.1) Said title is further amended by striking 'registrars or deputy registrars may not be' and inserting in lieu thereof 'registrars or deputy registrars not being' in subsection (b) of Code Section 21-3-121, relating to qualifications of registrars or deputy registrars."
By adding in line 6 of Page 50 following the word "by" the following:
"deleting the word 'incidental' and inserting in lieu thereof 'inci dent' in paragraph (6) and by".
By adding in line 15 of Page 50 following the word "Transportation" the following:
", and by deleting 'supervisor of purchases' and inserting in lieu thereof 'Department of Administrative Services' in subparagraph (a)(16)(D) of said Code section".
By adding between lines 15 and 16 of Page 50 the following:
"(2.1) Said title is further amended by deleting 'within and be tween' and inserting in lieu thereof 'within or between' in paragraph (1) of subsection (a) of Code Section 32-2-3, relating to development of long-range transportation plans, planning techniques, etc.
(2.2) Said title is further amended by deleting 'Authority for the State' and inserting in lieu thereof 'Authority or the State' in paragraph (1) of subsection (a) of Code Section 32-2-75, relating to in sertion in contracts of clauses providing for retainage of amounts con stituting a percentage of gross value of completed work.
(2.3) Said title is further amended by deleting 'clause relating to' in subsection (a) of Code Section 32-2-76, relating to insertion in con tracts of clauses providing for escrow agreements.
(2.4) Said title is further amended by deleting 'Any property or in terest, including scenic easements, airspace, and rights of access, may be acquired' and inserting in lieu thereof 'Any property may be ac quired in fee simple or in any lesser interest, including scenic easements, air space, and rights of access,' in subsection (a) of Code Section 32-3-1, relating to authority of state, counties, and municipalities to acquire property or interest by gift, purchase, con demnation, etc., for present or future public road or other transporta tion purposes.
(2.5) Said title is further amended by deleting 'Any property or in terest may be so acquired' and inserting in lieu thereof 'Any property may be so acquired in fee or any lesser interest' in the second sentence of subsection (a) of Code Section 32-3-3, relating to acquisi tion of property or interests by donation, exchange, prescription, etc.

MONDAY, FEBRUARY 15, 1982

583

(2.6) Said title is further amended by deleting 'may petition the superior court of the county having jurisdiction for a judgment in rem' and inserting in lieu thereof 'may file a proceeding in rem in the superior court of the county having jurisdiction' in Code Section 32-3-4, relating to authority of state, county, or municipality to bring condemnation proceedings for public road purposes.
(2.7) Said title is further amended by deleting 'title to the property or interest' and inserting in lieu thereof 'title to the property in fee simple absolute or such lesser interest' in Code Section 32-3-7, relating to the vesting of title in the condemning authority.
(2.8) Said title is further amended by deleting ', subject, however, to the power of the court as provided for in Code Section 32-3-11' at the end of subsection (b) of Code Section 32-3-17, relating to right to intervene in proceedings and effect of subsequent proceedings on rights of condemnor.
(2.9) Said title is further amended by adding a new Code section following Code Section 32-3-17, to be designated Code Section 32-3-17.1, to read as follows:
'32-3-17.1. All questions of law arising upon the pleadings or in any other way arising from the cause, subsequent to the filing of the declaration of taking and the deposit of the fund, and subsequent to the filing of notice of appeal, if any, shall be passed on by the presiding judge who may, from time to time, in term or vacation, make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court.'
(2.10) Said title is further amended by deleting '32-3-11' and inserting in lieu thereof '32-3-20' in Code Section 32-3-18, relating to effect of appeal, bond, etc., on vesting of title in condemnor.
(2.11) Said title is further amended by deleting ', Chapter 1,' from subsection (a) of Code Section 32-5-1, relating to receipt of funds by state.
(2.12) Said title is further amended by deleting 'All' and inserting in lieu thereof 'One-third to pay all' in subparagraph (4)(A), by deleting 'All' and inserting in lieu thereof 'One-third to pay all' in subparagraph (4)(B), and by deleting 'All' and inserting in lieu thereof 'The remaining one-third to pay all' in subparagraph (4)(C) of Code Section 32-5-21, relating to priority of expenditures from the State Public Transportation Fund."
By adding in line 31 of Page 50 following the word "by" the follow ing:
"deleting 'of subsection (a) of this Code section' and inserting in lieu thereof 'of this subsection' in subsection (b) and by".

584

JOURNAL OF THE SENATE

By adding between lines 25 and 26 of Page 51 the following:
"(10.1) Said title is further amended by deleting 'shall be approv ed by the board only' and inserting in lieu thereof 'only shall be ap proved by the board' in paragraph (29) of Code Section 32-6-71, relating to definitions relative to erection of outdoor advertising, etc. in areas adjacent to rights of way of roads in state highway system."
By adding between lines 29 and 30 of Page 51 the following:
"(11.1) Said title is further amended by deleting 'paragraph (1) of in paragraph (2) of subsection (a) of Code Section 32-6-81, relating to revocation or withholding of permits for illegal or unauthorized ac tions against the department's property."
By adding following line 34 of Page 51 the following:
"(12.1) Said title is further amended by adding the word 'state' preceding 'highway system' in subsection (c) of Code Section 32-6-191, relating to determination of responsibility for construction of new grade crossings and relocation of existing grade crossings.
(12.2) Said title is further amended by deleting the word 'an' be tween 'performing' and 'emergency' and inserting in lieu thereof 'any' in the last sentence of subsection (b) of Code Section 32-6-202, relating to authority of department, counties, and municipalities to re quire railroads to fulfill duties to maintain grade separation struc tures, protective devices, and grade crossings.
(12.3) Said title is further amended by deleting '4630' and insert ing in lieu thereof '210' in paragraph (1) of subsection (a), by deleting '4655' and inserting in lieu thereof '305' in paragraph (2) of subsection (a), by deleting '4655' and inserting in lieu thereof '305' in subsection (b), and by deleting '4655' and inserting in lieu thereof '305' in subsec tion (c) of Code Section 32-8-1, relating to relocation assistance to per sons displaced by federal-aid highway projects.
(12.4) Said title is further amended by deleting '4630' and inser ting in lieu thereof '210' in paragraph (1) of subsection (a), by deleting '4655' and inserting in lieu thereof '305' in paragraph (2) of subsection (a), by deleting '4655' and inserting in lieu thereof '305' in subsection (b), and by deleting '4655' and inserting in lieu thereof '305' in subsec tion (c) of Code Section 32-8-3, relating to relocation assistance to per sons displaced by federal-aid river and harbor improvement projects.
(12.5) Said title is further amended by deleting the word 'reasearch' and inserting in lieu thereof 'research' in paragraph (1) of subsection (b) and by deleting the word 'developing' and inserting in lieu thereof 'development of in subparagraph (b)(2)(A) of Code Sec tion 32-9-1, relating to departmental aid for mass transportation facilities,
(12.6) Said title is further amended by deleting 'to the user' in paragraph (4) of subsection (b) of Code Section 32-9-6, relating to departmental aid for rail service."

MONDAY, FEBRUARY 15, 1982

585

By adding in line 5 of Page 52 following the word "powers" the following:
", and by deleting the first sentence of subsection (d) and inserting in lieu thereof the following:
The General Assembly may, by special Act, create a transit authority charged with the duty of acquiring, constructing, owning, operating, and maintaining a mass rapid transit system within a metropolitan area as defined in this Code section.' "
By adding between lines 5 and 6 of Page 52 the following:
"(13.1) Said title is further amended by adding the words 'as amended,' following 'p. 124,' in paragraph (2) of Code Section 32-10-1, relating to definitions relative to the Georgia Highway Authority.
(13.2) Said title is further amended by deleting the word 'com mitted' and inserting in lieu thereof 'permitted' in the last sentence of subsection (b) of Code Section 32-10-3, relating to members, compen sation, officers, quorum, record of proceedings of the Georgia Highway Authority.''
By adding between lines 9 and 10 of Page 52 the following:
"(14.1) Said title is further amended by adding '(a)' following 'Paragraph I' and '(b)' following 'Paragraph VII' in the last sentence of Code Section 32-10-43, relating to rights and remedies of holders of bonds or interest coupons, of receivers for such holders, and of inden ture trustees.
(14.2) Said title is further amended by adding 'all necessary reloca tion expenses,' following the word 'means' in paragraph (6) of Code Section 32-10-60, relating to definitions relative to the State Tollway Authority.
(14.3) Said title is further amended by deleting 'committed' and in serting in lieu thereof 'permitted' in subsection (a) of Code Section 32-10-62, relating to membership, compensation, officers, bylaws, quorum, record of proceedings of the State Tollway Authority."
By adding in line 32 of Page 72 following the word "by" the follow ing:
"deleting 'Section 3, Part B of Title I, and Title VI of Public Law 95-524 (CETA)' and inserting in lieu thereof 'the Comprehensive Employment Training Act, as amended,' in paragraph (5) of subsec tion (k) and by".
By adding between lines 2 and 3 of Page 73 the following:
"(4.1) Said title is further amended by adding ', as amended' following 'Annotated' in paragraph (4) of subsection (b) of Code Sec tion 34-8-51, relating to definition of wages."

586

JOURNAL OF THE SENATE

By adding between lines 7 and 8 of Page 73 the following:
"(5.1) Said title is further amended by striking 'such fund' and in serting in lieu thereof 'the Unemployment Trust Fund' at the end of the first sentence, by deleting 'treasurer' and inserting in lieu thereof 'Commissioner, as custodian,' in the last sentence, and by deleting 'only under the direction of the Commissioner' and inserting in lieu thereof 'in his discretion' in the last sentence of Code Section 34-8-103, relating to management of funds upon discontinuance of Unemployment Trust Fund."
By adding between lines 32 and 33 of Page 73 the following:
"(6.1) Said title is further amended by deleting subsection (c) of Code Section 34-8-153, relating to the determination of the weekly benefit amount, in its entirety and by redesignating the remaining subsections accordingly.
(6.2) Said title is further amended by deleting the word 'employ ment' and inserting in lieu thereof 'unemployment' in subsection (g) of Code Section 34-8-171, relating to initial determination and redetermination of eligibility, amount, and duration of benefits."
By adding between lines 9 and 10 of Page 97 the following:
"(7.1) Said title is further amended by deleting the period and in serting in lieu thereof a semicolon at the end of paragraph (2) of subsection (a) of Code Section 40-5-63, relating to periods of suspen sion and conditions to return of license."
By adding a comma following the word "chapter" in line 10 of Page 98.
By adding between lines 17 and 18 of Page 97 the following:
"(9.1) Said title is further amended by deleting 'capable of all' and inserting in lieu thereof 'capable at all' in Code Section 40-8-53, relating to performance ability."
By adding between lines 22 and 23 of Page 112 the following:
"(50.1) Said title is further amended by deleting the word 'eight' and inserting in lieu thereof the word 'seven' in subsection (a), by deleting 'subsections (b) and (c)' and inserting in lieu thereof 'subsec tions (e) and (f)' in subsection (a), and by deleting 'and who has no connection whatsoever to the field of sanitary science and technology' in subsection (f) of Code Section 43-42-2, relating to the creation of the Georgia Board of Registered Professional Sanitarians."
By adding between lines 21 and 22 of Page 126 a new paragraph, to be designated as paragraph (1), to read as follows:
"(1) Said title is amended by adding the word 'not' between 'has' and 'been' in paragraph (7) of Code Section 45-2-1, relating to persons ineligible to hold civil office.",

MONDAY, FEBRUARY 15, 1982

587

and by redesignating the remaining paragraphs accordingly.
By adding between lines 17 and 18 of Page 122 the following:
"(70.1) Said title is further amended by striking 'predominately' and inserting in lieu thereof 'predominantly' in paragraph (1) of Code Section 44-10-2, relating to definitions relative to facade and conserva tion easements.''
By adding in line 23 of Page 146 following the word "by" the follow ing:
"deleting 'No' and inserting in lieu thereof 'Any' in the last sentence of subsection (c) and by".
By adding between lines 11 and 12 of Page 155 the following:
"(16.1) Said title is further amended by adding '.00' following the symbol and figure '$24,000' in paragraph (3) of subsection (a) of Code Section 48-5-447, relating to compensation of tax collectors and tax commissioners for collecting taxes."
By adding following line 34 of Page 51 the following:
"(12.1) Said title is further amended by striking 'biphenal' and in serting in lieu thereof 'biphenyl' in paragraph (2) of Code Section 32-6-222, relating to definition of hazardous waste."
By adding following line 33 of Page 8 the following:
"(11.1) Said title is further amended by striking '$150.00' and in serting in lieu thereof '$50.00' in Code Section 7-4-31, relating to the rate of charge on loans secured by a residential second mortgage."
By adding between lines 3 and 4 of Page 21 the following:
"(30.1) Said title is further amended by striking 'juridiction' and inserting in lieu thereof 'jurisdiction' in Code Section 12-8-72, relating to application by director for injunctive relief."

Amendment No. 2:

Amend SB 474 by striking from line 21 of Page 35 the word "Re served." and inserting in lieu thereof the following:
"Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended as follows:
(1) By striking 'Chapter 10' and inserting in lieu thereof 'Chapter 11' in Code Section 18-4-1, relating to practice and procedure in gar nishment cases.

588

JOURNAL OF THE SENATE

(2) By striking 'Chapter 10' and inserting in lieu thereof 'Chapter 11' in Code Section 18-4-2, relating to discovery in garnishment pro ceeding.
(3) By striking 'Chapter 10' and inserting in lieu thereof 'Chapter 11' in subsection (b) of Code Section 18-4-65, relating to issues defen dant may raise by traverse of plaintiff's affidavit."
By adding between lines 3 and 4 of Page 74 the following:
"(8.1) Said title is further amended by deleting the word 'volun tarily' as it appears the second time and inserting in lieu thereof 'in voluntarily' in subsection (c) of Code Section 34-9-156, relating to voluntary termination of members, grounds and procedure for in voluntary termination of membership, and effect of termination on obligations."
By adding between lines 32 and 33 of Page 85 the following:
"(11.1) Said title is further amended by repealing Chapter 39 of said title, relating to street improvements."
By adding between lines 11 and 12 of Page 102 the following:
"(11.1) Said title is further amended by adding a new subsection (b) to Code Section 43-9-16, relating to scope of practice of chiroprac tors, to read as follows:
'(b) Chiropractors who have complied with this chapter shall have the right to sign health certificates, reporting to the proper health of ficers the same as other practitioners.',
and by redesignating subsections (b) and (c) as subsections (c) and Id)."
By adding between lines 21 and 22 of Page 126 immediately follow ing the newly designated paragraph (1), a new paragraph (1.1) to read as follows:
"(1.1) Said title is further amended by deleting the word 'office' and inserting in lieu thereof the word 'over' in Code Section 45-2-4, relating to the discharge of duties by public officers."
By adding between lines 17 and 18 of Page 97 the following:
"(9.2) Said title is further amended by designating the present language of Code Section 40-8-111, relating to school bus equipment, as subsection (a) and by adding a new subsection (b) to read as follows:
'(b) Nothing in subsection (a) of this Code section shall apply to motor vehicles operated by a local transit system which transport school children to and from school on regular or scheduled routes of a transit vehicle with regular fare-paying passengers.' "

MONDAY, FEBRUARY 15, 1982

589

Senator Barnes of the 33rd moved that the Senate agree to the House amend ments to SB 474.

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 Brannon Brantley Broun of 46th 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 Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Brown of 47th Fincher of 52nd

Holloway (presiding) Tate

Thompson Timmons

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 474.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 503. By Senators Stephens of the 36th, Allgood of the 22nd, Garner of the 30th and others:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia An notated, relating to probation, so as to provide for community service as a condition of probation; to define certain terms; to provide for com munity service agencies; to provide for offenders who are eligible for community service as a condition of probation; to provide for pro cedures; to provide for court orders; to provide for community service of ficers.

590

JOURNAL OF THE SENATE

The Senate Committee on Offender Rehabilitation offered the following substitute to SB 503:

A BILL
To be entitled an Act to provide for community service as a condition of probation; to define certain terms; to provide for community service agencies; to provide for offenders who are eligible for community service as a condition of probation; to provide for procedures; to provide for court orders; to provide for community service officers; to provide for applicability; to amend the Official Code of Georgia Annotated accord ingly; to provide effective dates; to provide for automatic repeal of cer tain provisions of this Act; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. As used in this Act, the term:
(1) "Agency" means any private or public agency or organization, tax exempt or for profit, approved by the court to participate in a community service program.
(2) "Community service" means uncompensated work by an of fender with an agency for the benefit of the community pursuant to an order by a court as a condition of probation.
(3) "Community service officer" means an individual appointed by the court to place and supervise offenders sentenced to community ser vice. Such term may mean a paid professional or a volunteer.
Section 2. (a) Agencies desiring to participate in a community service program shall file with the court a letter of application showing:
(1) Eligibility;
(2) Number of offenders who may be placed with the agency;
(3) Work to be performed by the offender; and
(4) Provisions for supervising the offender.
(b) An agency selected for the community service program shall work offenders who are assigned to the agency by the court. If an of fender violates a court order, the agency shall report such violation to the community service officer.
jc) If an agency violates any court order or provision of this article, the offender shall be removed from the agency and the agency shall no longer be eligible to participate in the community service program.

MONDAY, FEBRUARY 15, 1982

591

Section 3. (a) Community service may be considered as a condition of probation with primary consideration given to the following categories of offenders:
(1) Traffic violations;
(2) Ordinance violations;
(3) Noninjurious or nondestructive, nonviolent misdemeanors;
(4) Noninjurious or nondestructive, nonviolent felonies; and
(5) Other offenders considered upon the discretion of the judge.
(b) The judge may confer with the prosecutor, defense attorney, pro bation supervisor, community service officer, or other interested persons to determine if the community service program is appropriate for an of fender. If community service is ordered as a condition of probation, the court shall order:
(1) Not less than 20 hours nor more than 250 hours in cases involving traffic or ordinance violations or misdemeanors, said service to be com pleted within one year; or
(2) Not less than 20 hours nor more than 500 hours in felony cases, said service to be completed within three years.
Section 4. The community service officer shall place an offender sentenced to community service as a condition of probation with an ap propriate agency. The agency and work schedule shall be approved by the court. If the offender is employed at the time of sentencing, com munity service shall be scheduled so as not to cause termination of such employment. The community service officer shall supervise the offender for the duration of the community service sentence. Upon completion of the community service sentence, the community service officer shall prepare a written report evaluating the offender's performance which will be used to determine if the conditions of probation have been satisfied.
Section 5. The provisions of an Act known as the "State-wide Proba tion Act," approved February 8, 1956 (Ga. L. 1956, p. 27), as amended, shall be applicable to offenders sentenced to community service as a con dition of probation pursuant to this Act. The provisions of an Act relating to probation of first offenders, approved March 18, 1968 (Ga. L. 1968, p. 324), as amended, shall be applicable to first offenders sentenced pur suant to this Act.
Part 2
Section 6. Chapter 8 of Title 42 of the Official Code of Georgia An notated, relating to probation, is amended by adding following Article 3 a new article, to be designated Article 4, to read as follows:

592

JOURNAL OF THE SENATE

"ARTICLE 4
42-8-70. As used in this article, the term:
(1) 'Agency' means any private or public agency or organization, tax exempt or for profit, approved by the court to participate in a com munity service program.
(2) 'Community service' means uncompensated work by an of fender with an agency for the benefit of the community pursuant to an order by a court as a condition of probation.
(3) 'Community service officer' means an individual appointed by the court to place and supervise offenders sentenced to community service. Such term may mean a paid professional or a volunteer.
42-8-71. (a) Agencies desiring to participate in a community ser vice program shall file with the court a letter of application showing:
(1) Eligibility;
(2) Number of offenders who may be placed with the agency;
(3) Work to be performed by the offender; and
(4) Provisions for supervising the offender.
(b) An agency selected for the community service program shall work offenders who are assigned to the agency by the court. If an of fender violates a court order, the agency shall report such violation to the community service officer.
(c) If an agency violates any court order or provision of this article, the offender shall be removed from the agency and the agency shall no longer be eligible to participate in the community service program.
42-8-72. (a) Community service may be considered as a condition of probation with primary consideration given to the following categories of offenders:
(1) Traffic violations;
(2) Ordinance violations;
(3) Noninjurious or nondestructive, nonviolent misdemeanors;
(4) Noninjurious or nondestructive, nonviolent felonies; and
(5) Other offenders considered upon the discretion of the judge.
(b) The judge may confer with the prosecutor, defense attorney, probation supervisor, community service officer, or other interested persons to determine if the community service program is appropriate for an offender. If community service is ordered as a conditon of pro bation, the court shall order:

MONDAY, FEBRUARY 15, 1982

593

(1) Not less than 20 hours nor more than 250 hours in cases involv ing traffic or ordinance violations or misdemeanors, said service to be completed within one year; or
(2) Not less than 20 hours nor more than 500 hours in felony cases, said service to be completed within three years.
42-8-73. The community service officer shall place an offender sentenced to community service as a condition of probation with an appropriate agency. The agency and work schedule shall be approved by the court. If the offender is employed at the time of sentencing, community service shall be scheduled so as not to cause termination of such employment. The community service officer shall supervise the offender for the duration of the community service sentence. Upon completion of the community service sentence, the community service officer shall prepare a written report evaluating the offender's performance which will be used to determine if the conditions of pro bation have been satisfied.
42-8-74. The provisions of Article 2 of this chapter, relating to pro bation, termination of probation, and revocation of probation, shall be applicable to offenders sentenced to community service as a condition of probation pursuant to this article. The provisions of Article 3, relating to probation of first offenders, shall be applicable to first of fenders sentenced pursuant to this article."
Parts
Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 8. All laws and parts of laws in conflict with this Act are 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:

594

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th 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

Those not voting were Senators:

Brown of 47th Fincher of 52nd

Greene

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

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

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

SB 519. By Senators Coverdell of the 40th, Stumbaugh of the 55th and Howard of the 42nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia An notated, relating to drivers' licenses, so as to provide for conditional drivers' licenses for persons 16 or 17 years of age; to provide for the revocation of such conditional drivers' licenses; to change the provisions relating to habitual violators; to change the provisions relating to the mandatory suspension of drivers' licenses for certain offenses.

The Senate Committee on Public Safety offered the following substitute to SB 519:

A BILL
To be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for conditional drivers' licenses for persons 16 or 17 years of age; to pro-

MONDAY, FEBRUARY 15, 1982

595

vide for the revocation of such conditional drivers' licenses; 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. Chapter 5 of Title 40 of the Official Code of Georgia An notated, relating to drivers' licenses, is amended by striking Code Section 40-5-26 in its entirety and substituting in lieu thereof a new Code Section 40-5-26 to read as follows:
"40-5-26. (a) The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult.
(b) The department shall, by rule and regulation, provide that all licenses issued to applicants under 18 years of age shall be so designed as to be readily distinguishable from all other licenses issued to other applicants. After having attained 18 years of age, the holder of any such distinctive license may, by complying with Code Section 40-5-31, obtain a duplicate or substitute license which shall not be distinctive.
(c) The drivers' licenses of persons 16 or 17 years old shall be issued on the condition that the holder of any such license shall not commit any offense enumerated in Code Section 40-5-54 or the offense of speeding when the charge is for speeding 25 or more miles per hour in excess of the speed limit. The department shall revoke the conditional driver's license of any 16 or 17 year old driver upon receiving a record of such driver's conviction of any offense enumerated in Code Section 40-5-54 or speeding 25 or more miles per hour in excess of the speed limit, and for the purposes of this subsec tion, an accepted plea of nolo contendere to a charge of driving under the influence of alcohol or drugs as specified in paragraph (3) of Code Section 40-5-54 shall constitute a conviction. The period of revocation shall begin on the date the conditional license is surrendered to the court as provided in subsection (d) of this Code section and end on the eighteenth birthday of the person whose conditional license was revoked or one year after the date of the surrender of the license, whichever is later.
(d) Whenever the holder of a conditional driver's license is con victed of an offense requiring revocation of the license under subsec tion (c) of this Code section, the court in which such conviction is had shall require the surrender to it of the conditional driver's license then held by the person so convicted, and the court shall forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, to the department within 15 days after the con viction."
Section 2. This Act shall become effective on January 1, 1983.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

596

JOURNAL OF THE SENATE

On the adoption of the substitute to SB 519 offered by the Senate Committee on Public Safety, the yeas were 0, nays 45, and the committee substitute was lost.

Senator Coverdell of the 40th offered the following substitute to SB 519:

A BILL
To be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for conditional drivers' licenses for persons 16 or 17 years of age; to pro vide for the revocation of such conditional drivers' licenses; to change the provisions relating to the surrender of licenses to the courts and to provide for certain periods of mandatory suspension in connection therewith; to provide for other matters relative to the foregoing; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia An notated, relating to drivers' licenses, is amended by striking Code Section 40-5-26 in its entirety and substituting in lieu thereof a new Code Section 40-5-26 to read as follows:
"40-5-26. (a) The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult.
(b) The department shall, by rule and regulation, provide that all licenses issued to applicants under 18 years of age shall be so designed as to be readily distinguishable from all other licenses issued to other applicants. After having attained 18 years of age, the holder of any such distinctive license may, by complying with Code Section 40-5-31, obtain a duplicate or substitute license which shall not be distinctive.
(c) The drivers' licenses of persons 16 or 17 years old shall be issued on the condition that the holder of any such license shall not commit any offense enumerated in Code Section 40-5-54 or the offense of speeding when the charge is for speeding 25 or more miles per hour in excess of the speed limit. The department shall revoke the conditional drivers' license of any 16 or 17 year old driver upon receiving a record of such driver's conviction of any offense enumerated in Code Section 40-5-54 or speeding 25 or more miles per hour in excess of the speed limit, and for the purposes of this subsec tion, an accepted plea of nolo contendere to a charge of driving under the influence of alcohol or drugs as specified in paragraph (3) of Code Section 40-5-54 shall constitute a conviction. The period of revocation shall begin on the date the conditional license is surrendered to the court as provided in subsection (d) of this Code section and end on the eighteenth birthday of the person whose conditional license was revoked or one year after the date of the surrender of the license, whichever is later.

MONDAY, FEBRUARY 15, 1982

597

(d) Whenever the holder of a conditional driver's license is con victed of an offense requiring revocation of the license under subsec tion (c) of this Code section, the court in which such conviction is had shall require the surrender to it of the conditional driver's license then held by the person so convicted, and the court shall forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, to the department within 15 days after the con viction."
Section 2. Said Chapter 5 is further amended by striking subsection (a) of Code Section 40-5-53 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted. Whenever a plea of nolo contendere is ac cepted to a charge of driving under the influence of alcohol or drugs and such plea does not constitute a conviction under paragraph (3) of Code Section 40-5-54 or under subsection (a) of Code Section 40-5-63, the court in which such plea is accepted shall require the surrender to it of any driver's license then held by the person whose plea of nolo contendere was accepted and, for the purposes of this subsection, such person shall be deemed convicted as for a first offense, notwith standing the provisions of Code Sections 40-5-54 and 40-5-63 of this chapter.
(2) When a license is required to be surrendered to the court under paragraph (1) of this subsection, if the convicted person does not have the license at the time of conviction, the court shall order the person to produce the license within 48 hours. If the convicted person has lost the license, the court shall order the person to obtain a duplicate license pursuant to Code Section 40-5-31 and turn the duplicate license over to the court. The court shall establish a time limitation for the person to obtain the duplicate license and turn it into the court. In enforcing its orders under this paragraph, the court shall hold any person failing to produce a license in contempt of court and punish the person accordingly.
(3) When a license is surrendered to the court as required by this subsection and the conviction is for a first offense, the court shall re tain the license for 14 days; and when the conviction is for a second or any subsequent offense, the court shall retain the license for 28 days. The retention of a license by the court for a time period provided for herein shall be a mandatory suspension period, and a license may not be reinstated pursuant to Code Section 40-5-85 until the expiration of such mandatory suspension period. Upon the expiration of the man datory suspension period, the court shall return the license to a person whose plea of nolo contendere to a charge of driving under the in fluence of alcohol or drugs was accepted, if such plea of nolo con tendere was not a conviction under paragraph (3) of Code Section 40-5-54 or under subsection (a) of Code Section 40-5-63. In all other cases, upon the expiration of the mandatory suspension period, the court shall forward the license, together with the uniform citation

598

JOURNAL OF THE SENATE

form authorized by Article 1 of Chapter 13 of this title, to the depart ment. The clerk of the court in which a conviction is had shall notify the department immediately when a license is surrendered to the court as provided in this subsection.
(4) Code Section 40-5-61 shall not be construed to conflict with the duty of the court to require surrender to it of a license and to retain such license for the mandatory suspension period as required by this subsection."
Section 3. This Act shall become effective on January 1, 1983.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute offered by Senator Coverdell of the 40th, the yeas were 42, 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 by substitute.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond 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 Hudson Kennedy Land Lester
Littlefield McGill

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

Those voting in the negative were Senators:

Ballard

Kidd

Hudgins

Stephens

MONDAY, FEBRUARY 15, 1982

599

Those not voting were Senators:

Bell

Brown of 47th

Holloway (presiding)

On the passage of the bill, the yeas were 49, nays 4.

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

SB 531. By Senators Coverdell of the 40th, Scott of the 43rd, Allgood of the 22nd and others:
A bill to amend an Act known as the "Statewide Probation Act", as amended, so as to provide that county probation systems shall become a part of the statewide probation system effective on certain dates and shall be funded as a part of the statewide probation system; to amend the Official Code of Georgia Annotated accordingly.

Senator Howard of the 42nd offered the following amendment:

Amend SB 531 as follows:
By adding between lines 21 and 22 of Page 4 the following:
"(d) This Section shall become effective only when and if funds are appropriated by the General Assembly for the purpose of im plementing the provisions thereof."
And by adding between lines 17 and 18 of Page 7 the following:
"(d) This Section shall become effective only when and if funds are appropriated by the General Assembly for the purpose of im plementing the provisions thereof."

On the adoption of the amendment, the yeas were 34, nays 1, and the amend ment was adopted.

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

Bond Bowen Brannon

Brantley Broun of 46th Bryant

600

JOURNAL OF THE SENATE

Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner

Gillis Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield McKenzie Reynolds Scott Starr

Those voting in the negative were Senators:

Allgood

Greene

Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
McGill

Those not voting were Senators:

Bell Brown of 47th

Holloway (presiding) Hudgins

Land Robinson

On the passage of the bill, the yeas were 47, nays 3.

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

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 531.
SB 558. By Senator Kidd of the 25th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to prisons, county cor rectional institutions, and prisoners, as amended, so as to provide an in crease in compensation for uniformed officers employed by the Depart ment of Offender Rehabilitation in correctional institutions; to amend the Official Code of Georgia Annotated accordingly.

The Senate Committee on Offender Rehabilitation offered the following substitute to SB 558:
A BILL
To be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding, and consolidating the laws relating to prisons, county correctional institutions, and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, so as to provide an

MONDAY, FEBRUARY 15, 1982

601

increase in compensation for uniformed officers employed by the Department of Offender Rehabilitation in correctional institutions; to provide for an increase in compensation for correctional officers serving as members of a tactical squad, guarding inmates under sentences of death, or serving on special squad which trains and handles police dogs; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to prisons, county cor rectional institutions, and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, is amended by adding between Sections 10A and 11 a new section, to be designated Section 10B, to read as follows:
"Section 10B. Compensation of uniformed officers, (a) Every uniformed officer employed by the Department of Offender Rehabilitation in a correctional institution shall receive a 10 percent increase on his current salary, effective July 1, 1982.
(b) In addition to the salary increase provided in subsection (a) of this section, the following officers as certified by the commissioner of offender rehabilitation shall be entitled to a $100.00 increase on their current salaries, effective July 1, 1982:
(1) Correctional officers serving on a tactical squad;
(2) Correctional officers guarding inmates under sentences of death; or
(3) Correctional officers serving on a special squad which trains and handles police dogs used in guarding inmates or tracking and catching criminals."
Part 2
Section 2. Chapter 5 of Title 42 of the Official Code of Georgia An notated, relating to correctional institutions of state and counties, is amended by adding between Code Sections 42-5-37.1 and 42-5-38 a new Code section, to be designated Code Section 42-5-37.2, to read as follows:
"42-5.37.2. (a) Every uniformed officer employed by the depart ment in a correctional institution shall receive a 10 percent increase on his current salary, effective July 1, 1982:
jb) In addition to the salary increase provided in subsection (a) of this Code section, the following officers as certified by the commis sioner of offender rehabilitation shall be entitled to a $ 100.00 increase on their current salaries, effective July 1, 1982.
(1) Correctional officers serving on a tactical squad;

602

JOURNAL OF THE SENATE

(2) Correctional officers guarding inmates under sentences of death; or
(3) Correctional officers serving on a special squad which trains and handles police dogs used in guarding inmates or tracking and catching criminals."
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act shall be repealed.

Senators Starr of the 44th and Gillis of the 20th offered the following amend ment:

Amend the substitute to SB 558 offered by the Senate Committee on Offender Rehabilitation by adding between lines 15 and 16 of Page 2 the following:
"(c) This Section shall become effective only when and if funds are appropriated by the General Assembly for the purpose of im plementing the provisions thereof."
and
by adding between lines 6 and 7 of Page 3 the following:
"(c) This Section shall become effective only when and if funds are appropriated by the General Assembly for the purpose of im plementing the provisions thereof."

On the adoption of the amendment, the yeas were 49, nays 1, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted as amended.

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

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

MONDAY, FEBRUARY 15, 1982

603

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond 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 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:

Barker

Brown of 47th

Holloway (presiding)

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

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

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 558.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, an nounced 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 bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 559. By Senator Thompson of the 32nd:
A bill to amend Code Chapter 68A-9, 68B-3, and 68D-1, so as to change the penalties for driving under the influence of alcohol or drugs; to pro vide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates.

604

JOURNAL OF THE SENATE

Senator Hudgins of the 15th offered the following amendment:

Amend SB 559 by adding on Page 13, after line 26 a new paragraph to read as follows:
"(j) Any person convicted of driving under the influence of alcohol shall be required to display a decal clearly visible at 100 feet, provided by the Department of Public Safety, which states, 'I have been convicted of driving under the influence of alcohol.' ''

On the adoption of the amendment, Senator Hudgins of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Bond Bowen

Broun of 46th Eldridge Hudgins Scott

Stephens Stumbaugh Sutton Tysinger

Those voting in the negative were Senators:

Barker Barnes Bell Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean
English Engram

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

McGill McKenzie Reynolds Robinson Starr Summers Tate Thompson Timmons Trulock Turner Walker
Wessels

Those not voting were Senators:

Hill

Kidd

Littlefield

On the adoption of the amendment, the yeas were 12, nays 41, and the amend ment was lost.

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

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

MONDAY, FEBRUARY 15, 1982

605

Those voting in the affirmative were Senators:

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 Holloway Horton Howard Hudgins Hudson Kennedy 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 Allgood.

Those not voting were Senators:

Hill

Kidd

On the passage of the bill, the yeas were 52, nays 1.

Littlefield

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

SB 561. By Senators Fincher of the 52nd, Lester of the 23rd, McKenzie of the 14th and others:
A bill to amend Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, so as to provide for the later termina tion of the board and those laws; to amend the Official Code of Georgia Annotated accordingly; to repeal Article 3 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, known as the "Orthotists Practice Act"; to provide for effective dates.

The Senate Committee on Human Resources offered the following substitute to SB 561:
A BILL
To be entitled an Act to amend Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, so as to con tinue the board and the laws relating thereto but to provide for the later

606

JOURNAL OF THE SENATE

termination of the board and those laws; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and orthotists, so as to provide for the same change described above as well as to provide for a physicians's assistant member of the Composite State Board of Medical Examiners and for the terms, status, voting, and qualifications of that member; to provide for continuing education of doctors of medicine; to provide for license display by doc tors of medicine; to remove certain prohibitions regarding corporate practice by doctors of medicine; to repeal Article 3 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, known as the "Orthotists Practice Act"; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(1) Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agen cies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Composite State Board of Medical Examiners and the laws relating thereto are hereby continued until July 1, 1988, at which time the Board shall be terminated. Upon its termination, the Board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the Board shall not be reduced or otherwise limited. The laws relative to the Board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the ter mination period, the laws relative to the Board shall stand repealed in their entirety. During the termination period, the Board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the Board."
Part 2
Section 2. Chapter 34 of Title 43 of the Official Code of Georgia An notated, relating to physicians, osteopaths, and orthotists, is amended by striking Code Section 43-34-2 in its entirety and inserting in lieu thereof a new Code Section 43-34-2 to read as follows:
"43-34-2. For the purposes of Chapter 2 of this title, 'The Act Pro viding for the Review, Continuation, Reestablishment, or Termina tion of Regulatory Agencies,' the Composite State Board of Medical Examiners shall be terminated on July 1, 1988, and this chapter and any other laws relating to such board shall be repealed in their entire ty effective on the date specified in Code Section 43-2-8."
Section 3. Said chapter is further amended by striking subsection (a) of Code Section 43-34-21 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

MONDAY, FEBRUARY 15, 1982

607

"(a) A board is established to be known as the Composite State Board of Medical Examiners. The board shall be composed of 14 members, all of whom shall be citizens of the United States and residents of this state. All appointments to the board shall be made by the Governor and confirmed by the Senate."
Section 4. Said chapter is further amended by adding a new subsec tion (e) at the end of Code Section 43-34-21 to read as follows:
"(e) The fourteenth member of the board shall be a physician's assistant who has received from the board a certificate authorizing the assistant to perform medical tasks under the direction and supervison of a physician licensed to practice in Georgia. The member shall be appointed by the Governor and confirmed by the Senate. The first person appointed under this subsection shall serve an initial term beginning November 1, 1982, and ending December 31, 1983, and un til the appointment and qualification of a successor. Successors shall serve a term of four years and until the appointment and qualification of their respective successors. The physician's assistant member shall serve ex officio and without a vote."
Section 5. Said chapter is further amended by adding new subsec tions (c) and (d) at the end of Code Section 43-34-35 to read as follows:
"(c) Every person holding a license issued by the board under this article shall display it in a conspicuous place in the licensee's principal place of practice.
(d) The board, in its discretion, may require that licensees under this article meet board specified continuing education requirements as a prerequisite for license renewal."
Section 6. Said chapter is further amended by striking paragraph (9) of subsection (a) of Code Section 43-34-37 in its entirety and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) Knowingly maintained a professional connection or associa tion with any person who is in violation of this chapter or the rules or regulations of the board; or knowingly aided, assisted, procured, or advised any person to practice medicine contrary to this chapter or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or entity to practice medicine; or divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient;".
Section 7. Article 3 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, known as the "Orthotists Practice Act," is repealed in its entirety.
Parts
Section 8. (a| Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

608

JOURNAL OF THE SENATE

(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to SB 561 offered by the Senate Committee on Human Resources by striking from Page 1, lines 1 and 21, the following:
"Code Chapter 84-9", and inserting in its place the following:
"Code Section 84-902". By striking from line 25 of page 1 the following:
"(1)",
and inserting in its place the following: "(d)".

On the adoption of the amendment offered by Senator Howard of the 42nd the yeas were 41, nays 1, and the amendment was adopted.
On the adoption of the substitute to SB 561 offered by the Senate Committee on Human Resources, the yeas were 0, nays 48, and the committee substitute was lost.
Senator Fincher of the 52nd offered the following substitute to SB 561:
A BILL
To be entitled an Act to amend Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, so as to con tinue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and orthotists, so as to provide for the same change described above as well as to provide for a Physician's Assistants Advisory Com mittee and its duties and functions; to provide for a physician's assistant member of the Composite State Board of Medical Examiners who shall serve ex officio without a vote; to provide for continuing education of doctors of medicine; to provide for license display by doctors of medicine; to remove certain prohibitions regarding corporate practice by

MONDAY, FEBRUARY 15, 1982

609

doctors of medicine; to repeal Article 3 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, known as the "Orthotists Practice Act"; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 84-9, relating to the Composite State Board of Medical examiners, as amended, is amended by adding at the end of Code Section 84-902 a new subsection (d) to read as follows:
"(d| Pursuant to Section 9 of 'The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agen cies,' approved March 24, 1977, (Ga. L. 1977, p. 961), as now or hereafter amended, the Composite State Board of Medical Examiners and the laws relating thereto are hereby continued until July 1, 1988, at which time the Board shall be terminated. Upon its termination, the Board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the Board shall not be reduced or otherwise limited. The laws relative to the Board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the ter mination period, the laws relative to the Board shall stand repealed in their entirety. During the termination period, the Board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the Board."
Part 2
Section 2. Chapter 34 of Title 43 of the Official Code of Georgia An notated, relating to physicians, osteopaths, and orthotists, is amended by striking Code Section 43-34-2 in its entirety and inserting in lieu thereof a new Code Section 43-34-2 to read as follows:
"43-34-2. For the purposes of Chapter 2 of this title, 'The Act Pro viding for the Review, Continuation, Reestablishment, or Termina tion of Regulatory Agencies,' the Composite State Board of Medical Examiners shall be terminated on July 1, 1988, and this chapter and any other laws relating to such board shall be repealed in their entire ty effective on the date specified in Code Section 43-2-8."
Section 3. Said chapter is further amended by adding a new subsec tion (e| at the end of Code Section 43-34-21 to read as follows:
"(e)(l) The board shall appoint a Physician's Assistants Advisory Committee composed of four physicians, at least two of whom shall be members of the board, and four physician's assistants from a list of names submitted to the board by the Georgia Association of Physi cian's Assistants, who shall each serve for terms of office of two years and until their successors are appointed and qualified. The committee shall review matters to come before the board which relate to physi-

610

JOURNAL OF THE SENATE

clan's assistants, including but not limited to appointments for physi cian's assistant certification and recertification and education re quirements therefor, and proposed board regulations concerning physician's assistants. The committee shall periodically make recom mendations to the board regarding matters reviewed.
(2) The committee shall appoint a physician's assistant in an ad visory capacity to the board. The advisory person shall serve at the pleasure of the committee as an ex officio member to the board and shall share in the privileges and benefits of the board without a vote."
Section 4. Said chapter is further amended by adding new subsec tions (c) and (d) at the end of Code Section 43-34-35 to read as follows:
"(c) Every person holding a license issued by the board under this article shall display it in a conspicuous place in the licensee's principal place of practice.
(d) The board, in its discretion, may require that licensees under this article meet board specified continuing education requirements as a prerequisite for license renewal."
Section 5. Said chapter is further amended by striking paragraph (9| of subsection (a) of Code Section 43-34-37 in its entirety and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) Knowingly maintained a professional connection or associa tion with any person who is in violation of this chapter or the rules or regulations of the board; or knowingly aided, assisted, procured, or advised any person to practice medicine contrary to this chapter or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or entity to practice medicine; or divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient;''.
Section 6. Article 3 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, known as the "Orthotists Practice Act," is repealed in its entirety.
Parts
Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 8. All laws and parts of laws in conflict with this act are repealed.

MONDAY, FEBRUARY 15, 1982

611

On the adoption of the substitute offered by Senator Fincher of the 52nd, the yeas were 45, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Brannon Brantley Brown of 47th Bryant Cobb Coverdell Deal Eldridge Engram Evans

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

Those voting in the negative were Senators:

Ballard Bowen Broun of the 46th Coleman

Dean English Garner Horton

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

Not voting was Senator Hill.

On the passage of the bill, the yeas were 44, nays 11.
The bill, having received the requisite constitutional majority, was passed by substitute.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 561.

612

JOURNAL OF THE SENATE

SB 566. By Senators Walker of the 19th, English of the 21st, Fincher of the 52nd and others:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia An notated, relating to sentence and punishment, so as to require the death sentence to be carried out in the county in which the defendant was con victed; to provide for a mobile death chamber distinctively marked; to provide for other matters relative thereto; to provide an effective date.

Senator Walker of the 19th offered the following amendment:

Amend SB 566 by striking from Section 1 on line 20 of Page 2 the following:
"within three days'',
and inserting in lieu thereof the following:
"at an appropriate time".

On the adoption of the amendment, the yeas were 34, nays 1, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb

Coleman English Fincher of 52nd Gillis Hill Horton Kennedy Land Lester

McGill Reynolds Starr Summers Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Allgood Barnes Bell Bond Coverdell Deal

Dean Eldridge Engram Evans Foster Garner

Greene Holloway Howard Hudgins Hudson Kidd

MONDAY, FEBRUARY 15, 1982

613

Littlefield McKenzie Robinson Scott

Stephens Stumbaugh Sutton Tate

Thompson Trulock Tysinger

Not voting was Senator Fincher of 54th.

On the passage of the bill, the yeas were 26, nays 29. The bill, having failed to receive the requisite constitutional majority, was lost.

Senator English of the 21st gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 566.
Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

SB 581. By Senators Howard of the 42nd, Starr of the 44th, Lester of the 23rd and others:
A bill to amend Code Title 88, relating to public health, as amended, so as to provide a new Code chapter establishing a system of community care and services for the elderly; to amend the "Georgia Medical Assistance Act of 1977", as amended, so as to provide for certain actions necessary to obtain reimbursement for community care and services for the elder ly; to amend the Official Code of Georgia Annotated accordingly.
The Senate Committee on Human Resources offered the following substitute to SB 581:
A BILL:
To be entitled an Act to amend Code Title 88, relating to public health, as amended, so as to provide a new Code chapter establishing a system of community care and services for the elderly; to provide for legislative intent; to provide for definitions; to provide for the duties, powers, and functions of the Department of Human Resources, certain lead agencies, assessment teams, and other entities regarding the establishment and administration of a comprehensive and coordinated plan of community care and services for the elderly; to provide for organization, standards, contracts, service areas, progress reports, fund ing, fees, and contributions; to provide for purposes and goals of the ser vice system and provide for services and their coordination; to provide for priorities; to provide for assessments and certifications; to provide for volunteer services and insurance protection therefor; to provide for rules and regulations; to provide for all other matters relating to the above; to amend the "Georgia Medical Assistance Act of 1977," approved March 16, 1977 (Ga. L. 1977, p. 384), as amended, so as to provide for certain ac-

614

JOURNAL OF THE SENATE

tions necessary to obtain reimbursement for community care and ser vices for the elderly; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Title 88, relating to public health, as amended, is amended by adding immediately following Code Chapter 88-19C a new Code Chapter 88-19D to read as follows:
'CHAPTER 88-19D COMMUNITY CARE FOR THE ELDERLY
88-1901D. Legislative intent. The purpose of this Code chapter is to assist functionally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through the development, expansion, reorganization, and coordination of various community-based ser vices. In recognition of the desire of older Georgians to reside at home or with their families as long as possible, the General Assembly in tends that a continuum of care be established so that functionally im paired elderly persons age 60 and older may be assured the least restrictive environment suitable to their needs. The General Assembly further intends to maximize the utilization of existing com munity social and health services in order to prevent unnecessary placement of individuals in long-term care facilities. The development of innovative approaches to program management, staff training, and service delivery that impact on cost-avoidance, cost-effectiveness, and program efficiency shall be encouraged. It is further the intent of the General Assembly that the Department of Human Resources shall serve as the agency responsible for planning and implementing the provision of community-based services to the elderly reimbursable under the 'Georgia Medical Assistance Act of 1977.'
88-1920D. Definitions. As used in this Code chapter, the term:
(1) 'Aging Section' means the single organizational unit with the Department of Human Resources responsible for the planning and ad ministration of services under the Older Americans Act of 1965.
(2) 'Department' means the Department of Human Resources.
(3) 'Functionally impaired elderly person' means any person 60 years of age or older with physical or mental limitations that restrict individual ability to perform the normal activities of daily living and which impede individual capacity to live independently.
(4) The 'Georgia Medical Assistance Act of 1977' means that Act approved March 16, 1977 (Ga. L. 1977, p. 386), as amended.

MONDAY, FEBRUARY 15, 1982

615

(5) 'Lead agency' means one or more agencies designated by the Department of Human Resources to assess services needed by func tionally impaired elderly persons, to coordinate and provide com munity care services to those persons, provide case management, and where necessary, subcontract with providers of service. A lead agen cy shall be either a private nonprofit entity or any public entity, in cluding but not limited to any organizational unit of the department.
(6) 'Older Americans Act of 1965' means P.L. 92-258, as amended, upon the effective date of this Code chapter.
88-1903D. Duties, Powers, and Administration, (a) The Depart ment shall establish a community care unit within the aging section. The community care unit shall plan and oversee implementation of a system of coordinated community care and support services for the elderly. The community care unit shall develop uniform assessment criteria that shall be used to determine an individual's functional im pairment and to evaluate on a periodic basis the individual's need for community support services or institutionalized long-term care. The community care unit shall also define each community care service and establish standards for the delivery of community care services. Where appropriate, the community care unit shall utilize existing standards and definitions.
(b) The Department shall designate specified geographic service areas which shall be defined in such a way as to ensure the efficient delivery of community care services.
(c) The Department shall contract with a lead agency to coor dinate and provide community care services within each specified geographic service area.
(d) Each lead agency shall annually submit to the community care unit for approval a service plan evaluating the community care needs of the functionally impaired elderly, identifying priority services and target client groups, and detailing the means by which commnity care services will be delivered for the service area of that agency. The plan shall also include projected program costs and fees to be charged for services. The lead agency may exclude from the service plan those in dividuals eligible for benefits under the 'Georgia Medical Assistance Act of 1977,' as amended, for whom there is a reasonable expectation that community-based services would be more expensive than ser vices the individual would otherwise receive which would have been reimbursable under the 'Georgia Medical Assistance Act of 1977,' as amended.
(e) The Department shall develop a plan which shall provide for the implementation of a community care system in each of the speci fied geographic service areas by July 1, 1985. The three-year plan shall be developed concurrent with and integrated into the state plan on aging required under the Older Americans Act of 1965 and shall provide for coordination of all community-based services for the elderly. The three-year plan shall include an inventory of existing ser vices and an analysis comparing the cost of institutional long-term

616

JOURNAL OF THE SENATE

care and the cost of community care and other community-based ser vices for the elderly. The multiyear plan shall be presented to the Board of Human Resources no later than January 1, 1983.
(f| At the end of the three-year implementation period an annual community care service plan shall be incorporated into the state plan on aging.
(g) The Department shall submit on January 1 of each year, begin ning in 1984, a progress report on the implementation of the plan re quired by subsection (e) of this Code section to the Speaker of the House of Representatives, the President of the Senate, the Chairman of the House Health and Ecology Committee, and the Chairman of the Senate Human Resources Committee.
(h) In accordance with rules promulgated by the Department, lead agencies may collect fees for community care case management and other services. Such fees shall be established on a sliding scale based upon income and economic need. Fees will not be charged those in dividuals for the mandatory assessment described in subsection (e) of Code Section 1904D. Lead agencies may accept contributions of money or contributions in kind from functionally impaired elderly persons, members of their families, or other interested persons or organizations. Such contributions may not be a condition of services and shall only be used to further the provision of community care ser vices.
(i) Funding for services under this Code chapter shall be in addi tion to and not in lieu of funding for existing community services for the elderly. The Department and the lead agency shall ensure that all other funding sources available, including reimbursement under the 'Georgia Medical Assistance Act of 1977' and the Older Americans Act of 1965, have been used prior to utilizing state funds for com munity care for the elderly.
88-1904D. Community Care for the Elderly Program, (a) Each lead agency shall be responsible for the establishment of a community care service system which shall have as its primary purpose the prevention of unnecessary institutionalization of functionally impaired elderly persons through the provision of community-based services. Each community care service system shall provide no fewer than six of the services listed in subsection (c) of this Code section, four of which shall include case managemeent, assessment of functional impair ment and needed community services, homemaker, and home health care services. Case management services shall be provided to each community care service recipient to ensure that arrangements are made for appropriate services. If independent living is no longer possible for a functionally impaired elderly person, the case manager shall assist the person in locating the most appropriate, least restric tive, and most cost-beneficial alternative living arrangement.
(b) All existing community resources available to the functionally impaired elderly person shall be coordinated into the community care service system to provide a continuum care to such persons. The lead agency shall establish agreements, policies, and procedures for ser vice integration and referral mechanisms with such programs.

MONDAY, FEBRUARY 15, 1982

617

(c) Services to be coordinated by the lead agency shall include, without being limited to, the following:
(1) Case management;
(2) Assessment of functional impairment and needed community services;
(3) Homemaker services;
(4) Home health care services;
(5) In-home personal care services;
(6) Adult day health services;
(7) Adult day care;
(8) Habilitation services;
(9) Respite care;
(10) Older Americans Act services, including transportation, nutritional, social, and other services;
(11) Title XX services;
(12) Senior center services;
(13) Protective services;
(14) Financial assistance services, including, but not limited to, food stamps, Medicaid, Medicare, and Supplemental Security In come;
(15) Health maintenance services; and
(16) Other community services.
(d) Priority in provision of community care services will be given to those individuals who need home and community-based services in order to avoid institutionalization. Services may be provided to other functionally impaired persons as resources allow.
(e) All individuals seeking certification for benefits conferred by the 'Georgia Medical Assistance Act of 1977,' as amended, to be used to pay the cost of placement in a long-term care facility or individuals who would be eligible for such benefits within 180 days of nursing home admission, shall, as a precondition to that certification, undergo evaluation by an assessment team designated by the lead agency to determine if institutionalization can be avoided by provision of more cost-effective community-based services. The assessment team shall, at a minimum, consist of a physician, a registered nurse, and a social worker.

618

JOURNAL OF THE SENATE

(f) The decision of the assessment team shall be forwarded to the agency designated in the State Plan for Medical Assistance, as defined in the 'Georgia Medical Assistance Act of 1977,' as responsible for the certification of benefits for individuals. If the assessment team and the case manager have determined that an individual could be better and more cost-effectively served in the community, said agency shall not certify said individual for skilled or intermediate institutional nursing care service benefits unless the lead agency has determined that the needed community services are not available within said agency's geographic service area. The evaluation and certification shall be completed in a timely manner.
(g) The lead agency shall seek to utilize volunteers to provide com munity services for functionally impaired elderly persons. The Department may provide appropriate insurance coverage to protect volunteers from personal liability while acting within the scope of their volunteer assignments in the community care service system. Coverage may also include excess automobile liability protection.
88-1905D. The Department shall adopt rules and regulations necessary to implement the provisions of this Code chapter."
Section 2. The "Georgia Medical Assistance Act of 1977," approved March 16, 1977 (Ga. L. 1977, p. 384), as amended, is amended by adding immediately preceding Section 16 thereof a new Section 15B to read as follows:
"Section 15B. Reimbursement for Community Care for Elderly. It is the intention of the General Assembly that the Department of Med ical Assistance be authorized to take those actions necessary to pro vide reimbursement for services rendered under Code Chapter 88-19D, relating to community care for the elderly."
Part 2
Section 3. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated is amended by adding following Code Section 49-4-156 a new Code Section 49-4-156.1 to read as follows:
"49-4-156.1. It is the intention of the General Assembly that the Department of Medical Assistance be authorized to take those actions necessary to provide reimbursement under this article for services rendered under Article 5 of Chapter 6 of Title 49, relating to com munity care for the elderly."
Section 4. Chapter 6 of Title 49 of the Official Code of Georgia An notated, relating to services for the aging, is amended by adding at the end thereof a new Article 5 to read as follows:
"Articles
49-6-60. The purpose of this chapter is to assist functionally im paired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through the development, expansion, reorganization, and coordina-

MONDAY, FEBRUARY 15, 1982

619

tion of various community-based services. In recognition of the desire of older Georgians to reside at home or with their families as long as possible, the General Assembly intends that a continuum of care be established so that functionally impaired elderly persons age 60 and older may be assured the least restrictive environment suitable to their needs. The General Assembly further intends to maximize the utilization of existing community social and health services in order to prevent unnecessary placement of individuals in long-term care facilitites. The development of innovative approaches to program management, staff training, and service delivery that impact on cost avoidance, cost effectiveness, and program efficiency shall be en couraged. It is further the intent of the General Assembly that the Department of Human Resources shall serve as the agency responsi ble for planning and implementing the provision of community-based services to the elderly reimbursable under the 'Georgia Medical Assistance Act of 1977.'
49-6-61. As used in this chapter, the term:
(1) 'Aging Section' means the single organizational unit with the Department of Human Resources responsible for the planning and ad ministration of services under the Older Americans Act of 1965.
(2) 'Department' means the Department of Human Resources.
(3) 'Functionally impaired elderly person' means any person 60 years of age or older with physical or mental limitations that restrict individual ability to perform the normal activities of daily living and which impede individual capacity to live independently.
(4) The 'Georgia Medical Assistance Act of 1977' means that Act approved March 16, 1977 (Ga. L. 1977, p. 386), as amended.
(5) 'Lead agency' means one or more agencies designated by the Department of Human Resources to assess services needed by func tionally impaired elderly persons, to coordinate and provide com munity care services to those persons, provide case management, and where necessary, subcontract with providers of service. A lead agen cy shall be either a private nonprofit entity or any public entity, in cluding but not limited to any organizational unit of the department.
(6) 'Older Americans Act of 1965' means P.L. 92-258, as amended, upon the effective date of this chapter.
49-6-62. (a) The department shall establish a community care unit within the aging section. The community care unit shall plan and oversee implementation of a system of coordinated community care and support services for the elderly. The community care unit shall develop uniform assessment criteria that shall be used to determine an individual's functional impairment and to evaluate on a periodic basis the individual's need for community support services or institu tionalized long-term care. The community care unit shall also define each community care service and establish standards for the delivery of community care services. Where appropriate, the community care unit shall utilize existing standards and definitions.

620

JOURNAL OF THE SENATE

(b) The department shall designate specified geographic service areas which shall be defined in such a way as to ensure the efficient delivery of community care services.
jc) The department shall contract with a lead agency to coordinate and provide community care services within each specified geographic service area.
(d) Each lead agency shall annually submit to the community care unit for approval a service plan evaluating the community care needs of the functionally impaired elderly, identifying priority services and target client groups, and detailing the means by which community care services will be delivered for the service area of that agency. The plan shall also include projected program costs and fees to be charged for services. The lead agency may exclude from the service plan those individuals eligible for benefits under the 'Georgia Medical Assistance Act of 1977,' as amended, for whom there is a reasonable expectation that community-based services would be more expensive than services the individual would otherwise receive which would have been reimbursable under the 'Georgia Medical Assistance Act of 1977,' as amended.
(e) The department shall develop a plan which shall provide for the implementation of a community care system in each of the specified geographic service areas by July 1, 1985. The three-year plan shall be developed concurrent with and integrated into the state plan on aging required under the Older Americans Act of 1965 and shall provide for coordination of all community-based services for the elderly. The three-year plan shall include an inventory of existing ser vices and an analysis comparing the cost of institutional long-term care and the cost of community care and other community-based ser vices for the elderly. The multiyear plan shall be presented to the Board of Human Resources no later than January 1, 1983.
(f) At the end of the three-year implementation period an annual community care service plan shall be incorporated into the state plan on aging.
(g) The department shall submit on January 1 of each year, begin ning in 1984, a progress report on the implementation of the plan re quired by subsection (e) of this Code section to the Speaker of the House of Representatives, the President of the Senate, the Chairman of the House Health and Ecology Committee, and the Chairman of the Senate Human Resources Committee.
(h) In accordance with rules promulgated by the department, lead agencies may collect fees for community care case management and other services. Such fees shall be established on a sliding scale based upon income and economic need. Fees will not be charged those in dividuals for the mandatory assessment described in subsection (e) of Code Section 46-6-63. Lead agencies may accept contributions of money or contributions in kind from functionally impaired elderly persons, members of their families, or other interested persons or organizations. Such contributions may not be a condition of services and shall only be used to further the provision of community care ser vices.

MONDAY, FEBRUARY 15, 1982

621

(i) Funding for services under this chapter shall be in addition to and not in lieu of funding for existing community services for the elderly. The department and the lead agency shall ensure that all other funding sources available, including reimbursement under the 'Georgia Medical Assistance Act of 1977' and the Older Americans Act of 1965, have been used prior to utilizing state funds for com munity care for the elderly.
49-6-63. (a) Each lead agency shall be responsible for the establishment of a community care service system which shall have as its primary purpose the prevention of unnecessary institutionalization of functionally impaired elderly persons through the provision of community-based services. Each community care service system shall provide no fewer than six of the services listed in subsection (c) of this Code section, four of which shall include case management, assess ment of functional impairment and needed community services, homemaker, and home health care services. Case management ser vices shall be provided to each community care service recipient to ensure that arrangements are made for appropriate services. If in dependent living is no longer possible for a functionally impaired elderly person, the case manager shall assist the person in locating the most appropriate, least restrictive, and most cost beneficial alter native living arrangement.
(b) All existing community resources available to the functionally impaired elderly person shall be coordinated into the community care service system to provide a continuum of care to such persons. The lead agency shall establish agreements, policies, and procedures for service integration and referral mechanisms with such programs.
(c) Services to be coordinated by the lead agency shall include, without being limited to, the following:
(1) Case management;
(2) Assessment of functional impairment and needed community services;
(3) Homemaker services;
(4) Home health care services;
(5) In-home personal care services;
(6) Adult day health services;
(7) Adult day care;
(8) Habilitation services;
(9) Respite care;
(10) Older Americans Act services, including transportation, nutritional, social, and other services;

622

JOURNAL OF THE SENATE

(11) Title XX services;
(12) Senior center services;
(13) Protective services;
(14) Financial assistance services, including, but not limited to, food stamps, Medicaid, Medicare, and Supplemental Security In come;
(15) Health maintenance services; and
(16) Other community services.
(d) Priority in provision of community care services will be given to those individuals who need home and community-based services in order to avoid institutionalization. Services may be provided to other functionally impaired persons as resources allow.
(e) All individuals seeking certification for benefits conferred by the 'Georgia Medical Assistance Act of 1977,' as amended, to be used to pay the cost of placement in a long-term care facility or individuals who would be eligible for such benefits within 180 days of nursing home admission, shall, as a precondition to that certification, undergo evaluation by an assessment team designated by the lead agency to determine if institutionalization can be avoided by provision of more cost effective community-based services. The assessment team shall, at a minimum, consist of a physician, a registered nurse, and a social worker.
(f) The decision of the assessment team shall be forwarded to the agency designated in the State Plan for Medical Assistance, as defined in the 'Georgia Medical Assistance Act of 1977,' as responsible for the certification of benefits for individuals. If the assessment team and the case manager have determined that an individual could be better and more cost effectively served in the community, said agency shall not certify said individual for skilled or intermediate institutional nur sing care service benefits unless the lead agency has determined that the needed community services are not available within said agency's geographic service area. The evaluation and certification shall be completed in a timely manner.
(g) The lead agency shall seek to utilize volunteers to provide com munity services for functionally impaired elderly persons. The department may provide appropriate insurance coverage to protect volunteers from personal liability while acting within the scope of their volunteer assignments in the community care service system. Coverage may also include excess automobile liability protection.
49-6-64. The department shall adopt rules and regulations necessary to implement the provisions of this chapter."

MONDAY, FEBRUARY 15, 1982

623

Parts
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are 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 Bond Bowen Brannon Brantley 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 Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Fincher of 54th Holloway (presiding)

Stumbaugh Summers

Thompson

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

624

JOURNAL OF THE SENATE

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

SB 584. By Senators Kennedy of the 4th, Gillis of the 20th, English of the 21st and others:
A bill to amend an Act known as the "Georgia Correctional Industries Act", as amended, so as to prohibit the administration from compen sating inmates employed in correctional industries; to change the provi sions relating to the use of funds and earnings derived from correctional industries; to amend the Official Code of Georgia Annotated accordingly.

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

On the passage of the 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 Fincher of 52nd Foster Garner Gillis Greene Hill Horton Hudson Kennedy Kidd Land Lester Littlefield McGill

Those voting in the negative were Senators:

Bond

Evans

Those not voting were Senators:

Fincher of 54th Holloway (presiding)

Howard

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

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

MONDAY, FEBRUARY 15, 1982

625

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

SB 585. By Senators Kennedy of the 4th, Walker of the 19th, Gillis of the 20th and others:
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, county correctional institutions and prisoners, as amended, so as to provide that earned-time allowances shall not begin to accrue prior to the sentence becoming final; to amend the Official Code of Georgia Annotated accordingly; to provide for effec tive dates.

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

On 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 Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engrani Evans Fincher of 52nd Foster Garner Gillis Greene Hill Horton Kennedy Kidd Land Lester Littlefield McGill

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

Voting in the negative was Senator Allgood.

Those not voting were Senators:

Brantley Fincher of 54th Holloway (presiding)

Howard Hudgins Hudson

Thompson Timmons

On the passage of the bill, the yeas were 47, nays 1.

626

JOURNAL OF THE SENATE

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

SB 592. By Senators Fincher of the 52nd and Greene of the 26th:
A bill to amend Code Section 84-602, re-creating the State Board of Podiatry Examiners, as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated accord ingly.

The Senate Committee on Human Resources offered the following amendment:
Amend SB 592 by adding on Page 1, line 10, after the following: "corporate",
the following: ", mobile, or commercial".
By striking from line 24 of Page 1 and line 31 of Page 3 the following: "1984",
and inserting in its place the following: "1988".

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.
The Senate Committee on Human Resources offered the following amendment:
Amend SB 592 by adding on Page 1, line 9, after the following:
"relating thereto;",
the following:
"to change certain provisions relating to amputations, surgery, and the use of anesthetic;''.
By adding between lines 7 and 8 of Page 3 the following:
"Section 3.1. Said chapter is further amended by striking Code Section 43-35-10, which reads as follows:
'43-35-10. No podiatrist shall perform any amputation or use any anesthetic other than local.' "

MONDAY, FEBRUARY 15, 1982

627

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.

On the passage of the bill, 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 Engrain Fincher of 52nd 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:

Evans Fincher of 54th

Holloway (presiding)

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.

The President resumed the Chair.

628

JOURNAL OF THE SENATE

SB 604. By Senators Greene of the 26th, Fincher of the 54th, Brantley of the 56th and others:
A bill to amend Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated accord ingly.

The Senate Committee on Human Resources offered the following amendment:
Amend SB 604 by striking on Page 2, line 3 and on Page 2, line 28 the following:
"1984"
and inserting in its place the following: "1988".

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 Brannon Brantley Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge

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

Littlefield McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

Those voting in the negative were Senators Broun of 46th and Tysinger.

MONDAY, FEBRUARY 15, 1982

629

Those not voting were Senators:

Coverdell Fincher of 54th

Howard Land

McKenzie Summers

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 608. By Senator Barnes of the 33rd:
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 du ty of ordinary care; to amend the Official Code of Georgia Annotated ac cordingly; to provide 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, 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 Foster Garner Gillis Greene Holloway Howard Hudgins Hudson Kennedy Kidd

Land Lester Littlefield McGill Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Bryant Horton

Starr

Wessels

630

JOURNAL OF THE SENATE

Those not voting were Senators:

Coverdell Fincher of 54th Hill

McKenzie Summers

Timmons Trulock

On the passage of the bill, the yeas were 45, nays 4.

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

SB 621. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment requirements and inspections of motor vehicles, so as to prohibit the operation or sale of certain motor vehicles whose front windshields or right or left front door windows are covered and treated with certain opaque, tinted, or reflective materials; to pro vide an exception; to provide an effective date.

The Senate Committee on Public Safety offered the following substitute to SB 621:
A BILL
To be entitled an Act to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment requirements and in spections of motor vehicles, so as to prohibit the operation or sale of cer tain motor vehicles on which the windows have been covered by or treated with certain opaque or reflective materials; 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. Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment requirements and inspections of motor vehicles, is amended by adding a new Code section immediately follow ing Code Section 40-8-73, relating to windshields, to be designated Code Section 40-8-73.1, to read as follows:
"40-8-73.1. (a) No person shall operate on any public street or highway of this state any motor vehicle:
(1) On which the front windshield, the side windows and sidewings on either side forward of or adjacent to the driver, or the rear window have been covered with any opaque material;
(2) On which the front windshield and the side windows and sidewings on either side forward of or adjacent to the driver have been covered by or treated with any material which has a total solar

MONDAY, FEBRUARY 15, 1982

631

reflectance, when applied to automotive glass, greater than 35 percent in the visible light range and a light transmittance of less than 8 per cent; or
(3) On which the rear window and all other windows behind the driver's seat have been covered by or treated with any material which has a highly reflective or mirrored appearance and which has a total solar reflectance, when applied to automotive glass, greater than 35 percent in the visible light range.
(b) No person shall sell or offer for sale any motor vehicle whose windows are in violation of the provisions of subsection (a) of this Code section."
Section 2. This Act shall become effective November 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Cobb of the 28th offered the following amendment:
Amend the substitute to SB 621 offered by the Senate Committee on Public Safety by striking line 24 of Page 1 which reads as follows:
"of or adjacent to the driver have been covered by",
and inserting in lieu thereof the following:
"of or adjacent to the driver, the rear window, and all other win dows behind the driver's seat have been covered by",
and by striking lines 1 and 2 of Page 2 which read as follows:
"range and a light transmittance of less than 8 percent; or",
and inserting in lieu thereof the following:
"range; or",
and by striking lines 5 through 9 of Page 2 which read as follows:
"by or treated with any material which has a highly reflective or mirrored appearance and which has a total solar reflectance, when ap plied to automotive glass, greater than 35 percent in the visible light range",
and inserting in lieu thereof the following:
"by or treated with any material which has a light transmittance of less than 8 percent''.

632

JOURNAL OF THE SENATE

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 35, nays 2, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher of 52nd Foster Garner Gillis Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill

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

Those voting in the negative were Senators:

Barnes Brantley

Bryant Evans

Those not voting were Senators:

Fincher of 54th

Greene

Land Sutton
Stephens

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

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

MONDAY, FEBRUARY 15, 1982

633

SB 625. By Senators Kennedy of the 4th, Littlefield of the 6th and Bryant of the 3rd:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia An notated, relating to superior courts, so as to increase to three the number of judges of the superior courts of the Atlantic Judicial Circuit; to provide for the initial appointment of such additional judge by the Governor; to provide for the initial term of office of such judge; 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 Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge English Engram

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

Those not voting were Senators:

Bond Broun of 46th

Cobb Fincher of 54th

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Holloway Land

On the passage of the bill, the yeas were 50, 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 4:05 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

634

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 16, 1982 Nineteenth Legislative Day

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 Walker of the 19th moved that the Senate reconsider its action of February 15 in defeating the following bill of the Senate:

SB 566. By Senators Walker of the 19th, English of the 21st, Fincher of the 52nd and others:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia An notated, relating to sentence and punishment, so as to require the death sentence to be carried out in the county in which the defendant was con victed; to provide for a mobile death chamber distinctively marked; to provide for other matters relative thereto; to provide an effective date.

On the motion, the yeas were 37, nays 1; the motion prevailed, and SB 566 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 1523. By Representative Chance of the 129th:
A bill to amend an Act creating a new charter for the Town of Rincon, so as to provide for the manner of filling a vacancy in the office of mayor or councilperson.

TUESDAY, FEBRUARY 16, 1982

635

HB 1524. By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and the solicitor of said court.

HB 1531. By Representatives Scott of the 123rd, Hill of the 127th, Phillips of the 125th and others:
A bill to amend an Act providing for a board of elections in each county of this state having a population of more than 170,000 and less than 195,000 persons according to the 1970 United States decennial census or any future such census, so as to change the population requirements of said Act.

HB 1328. By Representatives Nicholson of the 88th and Padgett of the 86th:
A bill to amend Code Section 24-2615, relating to the powers and jurisdiction of superior courts, so as to change the punishment for con tempt; to amend the Official Code of Georgia Annotated accordingly.

HB 1532. By Representatives Scott of the 123rd, Hill of the 127th, Darden of the 19th and others:
A bill to amend Code Section 34-508, relating to the compensation of poll officers, so as to provide minimum compensation for poll officers in all counties of this state having a population of 200,000 or more according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly.

HB 1518. By Representatives Reaves of the 147th, Long of the 142nd, Anderson of the 8th and others:
A bill to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to change the time of the termina tion of the Board of Veterinary Medicine and the repeal of the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly.

HB 1519. By Representatives Reaves of the 147th, Long of the 142nd, Anderson of the 8th and others:
A bill to amend an Act known as the "Buying Services Act of 1975," so as to change the enforcing official of said Act; to change all references in the Act from the Commissioner of Agriculture to the Administrator of the Fair Business Practices Act; to amend the Official Code of Georgia An notated accordingly.

HB 1249. By Representative Darden of the 19th:
A bill to amend an Act known as the "Development Authorities Law," so as to redefine the term "cost of project"; to amend the Official Code of Georgia Annotated accordingly.

636

JOURNAL OF THE SENATE

HB 1387. By Representative Bishop of the 94th:
A bill to amend Chapter 9 of Title 49 of the Official Code of Georgia An notated, relating to the Division of Vocational Rehabilitation of the Department of Human Resources, so as to change the name of said agen cy to the Division of Rehabilitation Services of the Department of Human Resources.

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

HR 622. By Representative Jackson of the 77th:
A resolution proposing an amendment to the Constitution so as to in crease jurisdiction of civil cases over which the Justices of the Peace of Columbia County shall have jurisdiction.

HR 545. By Representatives Ginsberg of the 122nd, Scott of the 123rd, Davis of the 124th and others:
A resolution honoring the late Grady Lee Dickey and naming the Grady Lee Dickey Regional Youth Development Center.

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

SB 482. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th and others:
A bill to amend Code Sections 17-6-30 of the Official Code of Georgia An notated, relating to fees of sureties on criminal bonds, so as to change the provisions relative to such fees.

SB 538. By Senator Deal of the 49th:
A bill to amend Code Section 27-2511.1, relating to review of certain sentences, as amended, so as to provide for inapplicability to sentences imposed in misdemeanor cases; to amend the Official Code of Georgia Annotated accordingly.

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

TUESDAY, FEBRUARY 16, 1982

637

SB 468. By Senators Gillis of the 20th, McGill of the 24th, English of the 21st and others:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving tractors and farm equipment; to provide a policy statement; to provide definitions; to provide for ap plicability; to provide that certain conduct is unlawful; to prohibit certain conduct and transactions.

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

SB 674. By Senator Kidd of the 25th:
A bill to amend Code Section 89-101, relating to persons ineligible to hold public office in this state, as amended, so as to change the provisions relating to members of components of the armed forces of the United States; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provi sions of this Act.
Referred to Committee on Governmental Operations.

SB 675. By Senator Kidd of the 25th:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to provide a procedure for refunds of taxes paid where the note secured by the tax able instrument is rescinded pursuant to a right of recision granted by state or federal law; to provide for all related matters; to provide an effec tive date.
Referred to Committee on Banking, Finance and Insurance.

SB 676. By Senator Ballard of the 45th:
A bill to amend Code Section 114-101, relating to definitions under the workers' compensation law, so as to change the definition of the terms "employer" and "employee"; to amend the Official Code of Georgia An notated accordingly; to provide effective dates.
Referred to Committee on Industry, Labor and Tourism.

SB 677. By Senators Brannon of the 51st, Fincher of the 52nd and Deal of the 49th:
A bill to amend Code Section 45-16-4 of the Official Code of Georgia An notated, relating to bonds for coroners, so as to change the bond and surety requirement for coroners; to provide an effective date.
Referred to Committee on Governmental Operations.

638

JOURNAL OF THE SENATE

SB 678. By Senators Greene of the 26th and Robinson of the 27th:
A bill to amend Code Section 23-1705, relating to requirements of pay ment and performance bonds for public contracts, so as to change the provisions relating to exemption of contracts below a certain price; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Special Judiciary.

SB 679. By Senators Greene of the 26th and Robinson of the 27th:
A bill to amend Code Section 32-909, relating to school property and facilities, as amended, so as to authorize county boards of education to acquire, improve, and sell real or personal property in connection with the vocational education curricula or program of the county board of education; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal.
Referred to Committee on Education.

SB 680. By Senators Lester of the 23rd and Turner of the 8th:
A bill to amend an Act known as the "Disposition of Unclaimed Property Act", as amended, so as to provide that the state revenue commissioner shall be deemed to have elected to receive unclaimed property in the custody of banking and financial organizations unless the holder of the property is notified to the contrary; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates.
Referred to Committee on Banking, Finance and Insurance.

SR 286. By Senator McGill of the 24th:
A resolution urging the Attorney General and the Department of Agriculture to notify certain persons with regard to and to take certain precautionary measures with regard to the annual loss of dairy products delivery cases.
Referred to Committee on Agriculture.

SR 288. By Senators Greene of the 26th, Broun of the 46th and Eldridge of the 7th:
A resolution creating the Senate Music Industry Committee and a citizen's advisory council thereto. Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:

TUESDAY, FEBRUARY 16, 1982

639

HB 1249. By Representative Darden of the 19th:
A bill to amend an Act known as the "Development Authorities Law," so as to redefine the term "cost of project"; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Industry, Labor and Tourism.

HB 1328. By Representatives Nicholson of the 88th and Padgett of the 86th:
A bill to amend Code Section 24-2615, relating to the powers and jurisdiction of superior courts, so as to change the punishment for con tempt; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Judiciary.

HB 1387. By Representative Bishop of the 94th:
A bill to amend Chapter 9 of Title 49 of the Official Code of Georgia An notated, relating to the Division of Vocational Rehabilitation of the Department of Human Resources, so as to change the name of said agency to the Division of Rehabilitation Services of the Department of Human Resources.
Referred to Committee on Human Resources.

HB 1518. By Representatives Reaves of the 147th, Long of the 142nd, Anderson of the 8th and others:
A bill to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to change the time of the termina tion of the Board of Veterinary Medicine and the repeal of the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Agriculture.

HB 1519. By Representatives Reaves of the 147th, Long of the 142nd, Anderson of the 8th and others:
A bill to amend an Act known as the "Buying Services Act of 1975," so as to change the enforcing official of said Act; to change all references in the Act from the Commissioner of Agriculture to the Administrator of the Fair Business Practices Act; to amend the Official Code of Georgia An notated accordingly.
Referred to Committee on Agriculture.

HB 1532. By Representatives Scott of the 123rd, Hill of the 127th, Darden of the 19th and others:
A bill to amend Code Section 34-508, relating to the compensation of poll officers, so as to provide minimum compensation for poll officers in all counties of this state having a population of 200,000 or more according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Governmental Operations.

640

JOURNAL OF THE SENATE

HB 1523. By Representative Chance of the 129th:
A bill to amend an Act creating a new charter for the Town of Rincon, so as to provide for the manner of filling a vacancy in the office of mayor or councilperson. Referred to Committee on County and Urban Affairs.

HB 1524. By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and the solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 1531. By Representatives Scott of the 123rd, Hill of the 127th, Phillips of the 125th and others:
A bill to amend an Act providing for a board of elections in each county of this state having a population of more than 170,000 and less than 195,000 persons according to the 1970 United States decennial census or any future such census, so as to change the population requirements of said Act.
Referred to Committee on County and Urban Affairs.

HR 545. By Representatives Ginsberg of the 122nd, Scott of the 123rd, Davis of the 124th 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.

HR 622. By Representative Jackson of the 77th:
A resolution proposing an amendment to the Constitution so as to in crease jurisdiction of civil cases over which the Justices of the Peace of Columbia County shall have jurisdiction. Referred to Committee on County and Urban Affairs.

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 House and has instructed me to report the same back to the Senate with the following recommendations:

SB 650. Do pass. SB 662. Do pass.

TUESDAY, FEBRUARY 16, 1982

641

SB 666. Do pass by substitute. HB 127. Do pass by substitute.

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

Mr. President:

The 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 658. Do pass. SB 659. Do pass. SB 665. Do pass. HB 1402. Do pass. HB 1434. Do pass. HB 1438. Do pass. HB 1443. Do pass. HB 1445. Do pass. HB 1451. Do pass. HB 1452. Do pass. HB 1453. Do pass. HB 1454. Do pass. HB 1455. Do pass.

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

Mr. President:

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

SB 506. Do pass.

642

JOURNAL OF THE SENATE

SB 672. Do pass. HB 1358. Do pass.

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

Mr. President:

The 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 623. Do pass as amended. SB 627. Do pass. SB 667. Do pass. SB 668. Do pass. HB 578. Do pass. HB 1276. Do pass.
Respectfully submitted,
Senator Reynolds of the 48th District, Chairman

The following bills of the Senate and House were read the second time:
SB 542. By Senator Ballard of the 45th: A bill to amend Code Section 47-9-60 of the Official Code of Georgia An notated, relating to the creation of the office of senior judge under the Superior Court Judges Retirement System, so as to change the provisions relating to senior judges; to provide an effective date.
HB 1111. By Representatives Wood, Jackson and Lawson of the 9th: A bill to amend an Act known as "The Gainesville and Hall County Development Authority Act," so as to provide for additional powers to The Gainesville and Hall County Development Authority.
HB 1277. By Representative Home of the 104th: A bill to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," so as to require the director of the authority to be bonded with a corporate surety.

TUESDAY, FEBRUARY 16, 1982

643

HB 1404. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to change the limits of the Downtown LaGrange District.

HB 1416. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of Commissioner of Stewart County, so as to change the compensation of the Commissioner.

HB 1417. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of Commissioner of Webster County, so as to change the provisions relative to the expenses of the Commissioner of Webster County.

HB 1418. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of county tax commissioner of Webster County, so as to change the annual salary of said officer.

HB 1428. By Representatives Irvin of the 10th and McDonald of the 12th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Banks County into the office of Tax Commissioner of Banks County, so as to change the compensation of the tax commissioner.

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

SB 631. By Senator Dean of the 31 st:
A bill to amend an Act placing certain officers of Polk County on an an nual salary in lieu of a fee system of compensation, as amended, so as to change the number of deputies to be 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 50, nays 0.

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

SB 651. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to repeal an Act entitled "An Act to increase the salary paid to the Judge of the Juvenile Court of Glynn County, Georgia; to provide for the payment of said salary; to repeal all laws in conflict with this Act; and for other purposes", as amended.

644

JOURNAL OF THE SENATE

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

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

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

SB 652. 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 provisions relating to the compensation of the tax commissioner; to change the provisions relating to the personnel of the office of tax commissioner; 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.

SB 653. 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 provisions relating to the compensation of the clerk and the clerk's personnel; to provide an effective date.

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

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

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

HB 1182. By Representative Wall of the 61st:
A bill to amend the new charter for the City of Lawrenceville, Georgia, so as to exclude certain described property from the corporate limits to the City of Lawrenceville, Georgia.

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

TUESDAY, FEBRUARY 16, 1982

645

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

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

HB 1245. By Representatives Williams of the 48th, Childs of the 51st, Vandiford of the 53rd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the automatic transfer of dispossessory and garnishment cases of DeKalb 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 1250. By Representatives Richardson of the 52nd, Vandiford of the 53rd, Childs of the 51st and others:
A bill to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, so as to redefine and describe correctly Commissioners Districts 1, 2, 3, and 4 established therein.

The Senate Committee on County and Urban Affairs offered the following

amendment:

1i

Amend HB 1250 by adding after the semicolon oh line 9 of Page 1 the following:

"to clarify that elections and terms under the newly redefined and described districts shall remain the same as under these districts as formerly defined and described; to provide effective dates;".

By striking from line 14 of Page 2 the following:

"118 through 129",

and inserting in its place the following:

"118 through 128".

By striking from line 10 of Page 3 the following: "Stats",

646

JOURNAL OF THE SENATE

and inserting in its place the following:
"States".
By adding between lines 17 and 18 of Page 3 the following:
"Section 1.1. Said Act is further amended by striking Section 3 thereof and inserting in its place a new Section 3 to read as follows:
'Section 3. Election and terms of commission members. Not withstanding those changes in descriptions of commissioner districts which become effective under Section 2 of this Act at the same time this section becomes effective, the elections and terms of the initial and subsequent members of the Board of Commissioners of DeKalb County under said Section 2, other than the chairman, shall not be changed but shall remain as follows:
(a) Effective January 1, 1983, the commissioners representing commissioner districts 1 and 4 and one at-large commissioner under Section 2 shall be the former commissioners representing commis sioner districts 1 and 4 and the former at-large commissioner who were elected at the general election of 1980 under previously existing provisions of this Act, and said commissioners so elected shall serve for the terms of office to which they were elected, which terms shall expire on December 31, 1984. Their successors shall be elected at the general election of 1984 and shall take office on January 1, 1985, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general elec tion immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(b) The commissioners representing commissioner districts 2 and 3 and the second at-large commissioner shall be elected at the general election of 1982 and shall take office on January 1, 1983, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election im mediately preceding the expiration of terms and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.'
Section 1.2. Except for the provisions relating to and necessary for the election of members of the Board of Commissioners of DeKalb County at the general election of 1982, the provisions of this Act shall become effective January 1, 1983. The provisions of this Act relating to and necessary for the election of those members of the Board of Commissioners of DeKalb County at the general election of 1982 shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law without his approval."

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

TUESDAY, FEBRUARY 16, 1982

647

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 1262. By Representative Jackson of the 77th:
A bill to amend an Act providing for a Board of Elections in each county of this state having a population of not less than 22,312 nor more than 22,825, according to the United States decennial census of 1970 or any future such census, so as to change the population brackets as a result of the 1980 census.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1262 by adding in Section 2 on line 15 of Page 3, im mediately following the word "section", the following:
"for terms of four years and until their successors are duly ap pointed".

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 Barker Barnes Bell Bowen Brantley Broun of 46th

Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge

English Engram Evans Fincher of 52nd Foster Garner Gillis

648

JOURNAL OF THE SENATE

Hill Holloway Howard Hudson Kennedy Kidd Land Lester McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers

Those not answering were Senators:

Ballard
Bond Brannon Coverdell

Fincher of 54th Greene Horton

Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels
Hudgins Littlefield Thompson

Senator Bryant of the 3rd introduced the chaplain of the day, Dr. Frank Harrington, pastor of Peachtree Presbyterian Church, Atlanta, Georgia, who of fered scripture reading and prayer.

SENATE CALENDAR
Tuesday, February 16, 1982
Nineteenth Legislative Day
HB 1235. Appropriations-change for Fiscal Year 1981-82 (SUBSTITUTE) (App-12th)
SB 626. Trout Waters-revise list of those classified (NREQ-20th)
SR 229. Baldwin County Property Conveyance--J.P. Stevens & Company (PubU-25th)
SR 239. Persons Driving under Influence--State Patrol set up roadblocks (Pub Saf-32nd)
SR 249. Real Property in Frederica River, Glynn County--convey easement (SUBSTITUTE) (Pub U--6th)
SR 255. Death Penalty--urge Congress to pass certain legislation (Off R-- 54th)
HB 218. Prison Inmates with Outstanding Sentences--placement of de tainers (SUBSTITUTE) (Off R-52nd)
HB 931. Habeas Corpus Proceedings--waiver of rights and effect of waiver (SUBSTITUTE) (Judy-33rd)
HB 1109. Withdrawing Water from Surface Waters for Irrigation--reporting information (AMENDMENT) (NREQ_-20th)
HB 1110. Groundwater Use Act--change provisions on exemptions (AMENDMENT) (NREQ_-20th)

TUESDAY, FEBRUARY 16, 1982

649

HB 1153. Code Section on Carrying Weapons--amend (SUBSTITUTE) (Judy--llth)
HB 1192. Oath of Juries on Voir Dire--judge or clerk administer (Judy--33rd)
HB 1280. Certain Activities Relating to Dogfighting--unlawful (NREQ-- 42nd)
HB 1292. Mutual Aid Resource Pacts for Fire Protection--participants (Judy-33rd)
HR 536. Miller County--conveyance of interest in real property (Pub U-llth)
SB 560. Superior Court Clerk's Retirement--time limit for application for eligibility (SUBSTITUTE) (GovOp-25th)
SB 571. Pleas of Insanity--change provisions relating to (SUBSTITUTE) (Judy-16th)
SB 475. Certain State Officials--compensation (App--44th)
SB 532. Open Meetings--advance public notice (SUBSTITUTE) (Gov Op--16th)
SB 533. Open Meetings--when public business discussed and quorum expected (SUBSTITUTE) (GovOp-16th)
SB 534. Open Meetings--attorney-client privilege (SUBSTITUTE) (Gov Op-16th)
SB 577. Board of Landscape Architects--continue until certain date (C Aff-39th)
SB 599. Driver's License Suspension--deducting points assessed (Pub Saf--46th)
SB 601. Commission on State Growth Policy--provide (SUBSTITUTE) (C&UA-G-31st)
SB 602. Industrialized Buildings--certification and health, safety standards (C&UA-G-31st)
SB 616. Firms, Corporations, Others Practicing Engineering Servicesregistration (IL&Tou--41st)
SB 617. Professional Engineers, Land Surveyors Regulationadvertisement (IL&Tou--41st)
SB 618. Foreign, Domestic Corporation Registration--provisions (IL&Tou -41st)
SB 632. Sheriffs--provide for bonds of deputies (Pub Saf--31st)
SB 642. Controlled Substance Forfeiture--money for law enforcement pur poses (Pub Saf--28th)
SB 643. Used Motor Vehicle Parts Dealers--liability insurance (Pub Saf-- 28th)
SR 259. First Commercial Oil Well in State--reward (IL&Tou--25th)

650

JOURNAL OF THE SENATE

HB 1160. Registration for Professional Engineers and Land Surveyorscontinue but later terminate (IL&Tou--41st)
HB 1161. Community Affairs Department--change purposes, powers, duties (AMENDMENT) (C&UA-G-14th)
HB 1231. Employment Security Law--delete national trigger extended bene fits (AMENDMENT) (IL&Tou-45th)
HB 1365. Appropriation to Administrative Services for Fiscal Year 1982-- repeal Act providing (App--46th)
HR 303. Retired Firemen, Policemen Pensions--increase amount (App-- 26th)
SB 566. Mobile Death Chamber--for carrying out sentence in county con victed (AMENDMENT) (Off R-19th)

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

HB 1235. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A bill to amend an Act providing appropriations for the fiscal year 1981-82, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1981-82.
Senate Sponsor: Senator Holloway of the 12th.

The Senate Committee on Appropriations offered the following substitute to HB 1235:

A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal year 1981-82, known as the "General Appropriations Act," ap proved April 9, 1981 (Ga. Laws 1981, p. 1036), so as to change certain ap propriations for the fiscal year 1981-82; 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 1981-82, known as the "General Appropriations Act," approved April 9, 1981 (Ga. Laws 1981, p. 1036), is hereby amended by striking the following:

TUESDAY, FEBRUARY 16, 1982

651

"PARTI. LEGISLATIVE BRANCH

Section 1. Legislative Branch.

Budget Unit: Legislative Branch ..............$ Operations ............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

15,828,133 15,828,133 15,828,133 15,828,133

Budget Unit Object Classes: Operations ............................$ 15,828,133

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; 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 Government, and the pay ment 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

652

JOURNAL OF THE SENATE

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

5,169,264
4,819,264 4,819,264 4,819,264
350,000 350,000 350,000
4,819,264 350,000 28 150

PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court ..............$

2,208,582

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.

TUESDAY, FEBRUARY 16, 1982
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

653 59

Section 4. Superior Courts.

Budget Unit: Superior Courts. ............$ 17,972,417

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 $97,000 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, $424,371 is designated and commit ted for the Prosecuting Attorneys' Council for opera tions and $73,998 is designated and committed for the Sentence Review Panel, and $63,078 is designated and committed for the Probation Advisory Council.

Provided, however, of the above appropriation $10,000 is designated and committed to attend the judicial college for judges with less than five years' ex perience.

Total Positions Budgeted

458

Section 5. Court of Appeals.

Budget Unit: Court of Appeals ............$ 2,499,016

654

JOURNAL OF THE SENATE

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 $12,000 per annum for each additional Emeritus position established during the fiscal year.
Total Positions Budgeted
Section 6. Administrative Office of the Courts.
Budget Unit: Administrative Office of the Courts .............................$
Administrative Office of the Courts ........$ Institute for Continuing Judicial
Education ...........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
For the cost of operating the Administrative Office of the Courts and for the cost of operating the Institute for Continuing Judicial Education.

54
744,022 541,742 202,280 744,022 744,022
20

Section 7. Appellate Court Reports. Budget Unit: Court Reports ..............$
For the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks and others as required by Code Chapter 90-2.
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.
Total Positions Budgeted

211,000
0 49,760
0 14,123
1

TUESDAY, FEBRUARY 16, 1982
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 Judicial Administrative Districts.
Budget Unit: .............................$
For the cost of operating the Georgia Judicial Ad ministrative Districts.
Total Positions Budgeted

655 97,592
3 12,700
0 496,630
20

PART III.

EXECUTIVE BRANCH

Section 13. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services ................$ 37,681,393

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

208,181 7,780 3,084 --0-- 500 500 --0-- 12,516 3,180 13,813
249,554 249,554
6

656

JOURNAL OF THE SENATE

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

966,064 319,538
7,291 --0-- 6,200 1,450 --0-- 47,221 16,170 --0--
10,600,000
5,480
2,750,000
850,000 15,569,414 15,569,414
41

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

764,772 31,480
5,830
--0-- 12,000 1,500 4,539,050 27,851 12,500
--0-- --0--
--0--
2,000,000
608,800 8,003,783 5,732,887
30

4. Central and Surplus Property Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel.. ..............................$

226,239 160,205
750

TUESDAY, FEBRUARY 16, 1982

657

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Materials for Resale .....................$ Utilities ..............................$ 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

--0-- 7,000 1,450 --0-- 58,671 5,300
800 5,400,000
--0-- 5,860,415
--0-- 15
1,123,995 107,600 6,888 --0-- 29,600 500 228,759 56,502 32,500 --0--
1,586,344 1,586,344
52
284,119 19,207 5,240 --0-- 2,300 1,500 14,600 12,165 22,750 --0--
361,881 67,696 13

7. Real Property and Space Management Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

254,848 5,430 925 --0-- 400 500

658

JOURNAL OF THE SENATE

Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Materials for Resale .....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 17,999 4,420
300 --0-- 284,822 284,822
11

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

15,310,272 1,268,077 54,522
6,950 221,975 248,225 299,000 12,051,986 1,029,947 306,250
2,243,396 1,014,900 34,055,500 9,000,000
666

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

347,178 1,455,392
--0-- 288,000
--0-- 30,000
--0-- 720
--0-- --0-- 2,121,290 --0--
23

10. Communication Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment
Purchases .........................$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$

2,246,167 391,004 10,062
30,100 58,200 6,525 209,030 56,348

TUESDAY, FEBRUARY 16, 1982

659

Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Telephone Billings ......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

460 5,000 24,943,000 27,955,896 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
12. Surplus Property 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 .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
13. Mail and Courier 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 .............$

1,277,063 1,647,093
-0--0-- --0-- 38,800 --0-- 122,900 --0-- 400,000 --0-- 3,485,856 --0--
71
725,669 291,900
25,300 --0--
11,300 700
41,000 6,596 11,750
25,000 11,500 23,980 1,174,695 182,776
44
131,574 112,823
--0-- --0-- --0-- 8,500 --0-- 2,239 1,550 --0-- --0--

660

JOURNAL OF THE SENATE

Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

256,686 7,900 10

14. Self-Insurance 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

505,029 23,677 24,500 --0-- 2,000 --0-- 55,000 26,227 9,500 --0-- 32,000
677,933 -022

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 Floyd Buildings Operations. ................$ State Liability Self-Insurance Reserve ...........................$ Telephone Billings ......................$ Materials for Resale .....................$ Public Safety Officers Indemnity Fund. ....................$

24,371,170 5,841,206 144,392
325,050 351,475 340,150 5,386,439 1,477,902 426,330 1,078,313 12,051,986 23,980
--0--
2,243,396
5,480
10,600,000
850,000
2,750,000
--0-- 24,943,000
5,825,000
608,800

TUESDAY, FEBRUARY 16, 1982

661

Unemployment Compensation Reserve ...........................$
Total Positions Budgeted Authorized Motor Vehicles

2,000,000 1,110 284

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 .......................$ Total. ................................$

361,881 34,055,500 2,121,290 27,955,896
3,485,856 67,980,423

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 .....$
1. Georgia Building Authority Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment
Purchases .........................$ Publications and Printing. ................$ Equipment Purchases ...................$

--0--
8,772,085 2,113,171
3,500
--0-- 30,000 90,000

662

JOURNAL OF THE SENATE

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

--0-- --0-- 40,000 89,000 10,600,000 1,039,500 3,300,000
--0-- 26,077,256
--0-- 419

2. Operations of Floyd Building Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Authority Lease Rentals. .................$ Utilities ..............................$ Facilities Renovations
and Repairs ........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

659,225 350,000
--0-- --0-- --0-- 20,000 --0-- --0-- --0-- --0-- --0-- --0-- 1,300,000
--0-- 2,329,225
--0-- 88

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

9,431,310 2,463,171
3,500
--0-- 30,000 110,000
--0-- --0-- 40,000 89,000 10,600,000 1,039,500 4,600,000
--0-- 507 39

TUESDAY, FEBRUARY 16, 1982

663

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, however, the Georgia Building Authori ty is authorized to utilize available funds for acquiring additional parking facilities in the Capitol Hill area, but no funds shall be so applied without prior approval of the Fiscal Affairs Subcommittees of the House and 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

21,361,941
3,337,355 342,406 125,267 59,803 26,000 87,030 --0-- 5,178 41,550 600
4,025,189 3,528,894
188

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

1,124,760 114,275 39,705 --0-- 10,000 2,700 --0-- --0-- 45,650 75,000
421,000
764,170
878,000 525,000

664

JOURNAL OF THE SENATE

Indemnities ...........................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

75,000 --0--
4,075,260 3,760,711
56

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 ...........................$ Major Repairs and Maintenance
Projects at Major and Minor Markets .........................$
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. ................$

850,279 128,485 51,208
--0-- 19,980 8,100
--0-- --0-- 37,500 31,600 55,000
35,000 1,217,152 1,205,902
42
1,788,782 721,000 11,569 14,000 7,000 17,000 --0-- --0-- 36,000 35,000 19,400
550,000 3,199,751
744,751 115
1,916,789 106,097 176,709 51,200 4,000

TUESDAY, FEBRUARY 16, 1982

665

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
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

3,000 --0-- 3,600 16,400 --0-- 2,277,795 2,277,795
112
1,192,875 209,484 27,799 --0-- 21,000 17,175 239,650 512,300 32,150 2,000
2,254,433 2,210,011
57
139,770 11,210 1,357 --0--
377,000 8,300 --0-- --0-- 6,600 --0--
470,000 1,014,237 1,014,237
9
1,237,700 221,660 93,362 58,200 5,500 20,000 --0-- --0-- 15,550 --0--
1,651,972 1,649,472
74

666

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

631,458 72,110 16,175 24,000 4,500 2,000 --0-- --0-- 20,100 1,500
771,843 771,843
30
2,752,507 129,563 166,324 30,000 8,200 12,000 ---0-- 5,520 30,100 --0--
3,134,214 2,557,116
134
2,572,358 85,917 165,808 36,000 2,600 1,120 --0-- --0-- 19,200 107,900
2,990,903 1,234,319
130
--0-- --0-- --0-- --0-- --0-- --0--

TUESDAY, FEBRUARY 16, 1982

667

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-- 100,000 100,000 100,000
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

276,890 276,890 276,890
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

166,784 4,800 900
20,000 200
158,000 --0-- --0-- --0-- --0--
350,684 --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 ........................$

17,711,417 2,147,007
876,183 293,203 485,980 336,425 239,650 526,598 300,800 238,000 470,000 100,000 421,000 764,170
878,000 525,000

668

JOURNAL OF THE SENATE

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, $50,000 is designated and committed for livestock and poultry shows relating to research and promoting.
Provided, that of the above appropriation, the Department is authorized and directed to notify dairy farmers of milk--sample test results after each test.
Provided, that of the above appropriation relating to Repairs to Major and Minor Markets, no expen diture shall be made without prior approval of the Georgia Building Authority (Markets).
It is the intent of this General Assembly that the Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and that no new fees be imposed on Georgia farmers.
B. Budget Unit: Georgia Agrirama Devel opment Authority ...................$
Georgia Agrirama Devel opment 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. ...............................$

75,000 90,000 276,890 585,000
--0-- 955 259
--0--
437,121 93,361 6,072 -- 0-- 17,400 1,575 --0-- --0-- 4,500 36,103 67,924 83,900 8,300
756,256 --0-- 27
437,121 93,361 6,072

TUESDAY, FEBRUARY 16, 1982

669

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-- 17,400
1,575 --0-- --0-- 4,500 36,103 67,924 83,900 8,300
27 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

2,972,796
2,442,370 127,420 226,358 --0-- 18,039 6,110 14,850 104,842 30,807 2,000
2,972,796 2,972,796
95
2,442,370 127,420 226,358 --0-- 18,039 6,110 14,850 104,842 30,807 2,000 95 21

670

JOURNAL OF THE SENATE

Section 16. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs .....................$
1. Executive and Administrative Budget:
Personal Services .......................$ 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 .................$ Multi-State Transportation Board ..........$ Payments to Georgia Residential
Finance Authority. ....................$ Local Assistant Grants. ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
2. Technical 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 .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Information 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...............................$ Juvenile Justice Grant ...................$

4,319,647
593,904 39,147 11,750 --0-- 7,100 1,700 --0-- 107,143 9,500 10,000 6,000 10,000
--0-- 429,000 1,225,244 1,122,828
21
507,858 20,765 36,000
--0-- 18,285
--0-- 1,600 25,627 16,000 24,100 650,235 537,674
20
236,990 7,590 5,500 --0-- 2,300 --0-- 750 8,600 4,800 7,600 --0--
1,533,000

TUESDAY, FEBRUARY 16, 1982

671

Capital Outlay .........................$ TotalFunds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
4. Community Betterment Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications 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-- 1,807,130
155,825 9
283,465 10,000 19,260 --0-- 4,165 --0-- --0-- 13,640 7,560 13,650
351,740 351,740
11

5. Community 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 .............$ 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
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 ....................$

742,746 16,775 46,200 --0-- 17,400 8,867 3,000 41,280 18,693 5,144
1,350,000 325,604
144,985
11,875 2,732,569 2,151,580
36
2,364,963 94,277 118,710 --0-- 49,250 10,567 5,350 196,290 56,553

672

JOURNAL OF THE SENATE

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. .........................$ Multi-State Transportation Board ..........$ Juvenile Justice Grants ..................$ Payments to Georgia Residential
Finance Authority. ....................$ Total Positions Budgeted Authorized Motor Vehicles

60,494 6,000
1,350,000 325,604 429,000
144,985
11,875 10,000 1,533,000
--0-- 93 4

Provided that of the above appropriations $10,000 is designated and committed for The Multi-State Transportation Board.

B. Budget Unit: Georgia Residential Finance Authority ....................$
Georgia Residential Finance Authority Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Rental Assistance Payments ..............$ Grants to Housing Sponsors. ..............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

--0---
1,230,787 161,114 71,400 7,000 37,500 48,800 14,000 98,330 64,000 237,585
8,252,162 475,000
10,697,678 --0-- 68 26

Budget Unit Objective Classes:

Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$

1,230,787 161,114 71,400 7,000 37,500 48,800 14,000 98,330

TUESDAY, FEBRUARY 16, 1982

673

Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Rental Assistance Payments ..............$ Grants to Housing Sponsors. ..............$ Total Positions Budgeted Authorized Motor Vehicles

64,000 237,585 8,252,162 475,000
68 26

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
2. Insurance Regulation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ................... Computer Charges. ..................... RealEstateRentals. ..................... Telecommunications.................... Per Diem, Fees and Contracts ............. Computer Equipment and Feasibility Study . . Total Funds Budgeted ................... State Funds Budgeted ................... Total Positions Budgeted
3. Industrial Loans Regulation Budget
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

5,215,667
517,994 65,172 5,262 --0-- 7,500 1,770 --0-- --0-- 13,650 --0--
611,348 599,351
21
947,738 41,482 6,749 --0-- 101,940 3,540 127,500 20,195 22,100 2,000 --0--
1,273,244 1,187,244
45
334,138 20,524 16,787

674

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
4. Information and Enforcement Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
5. Fire Safety and Mobile Home Regulation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total 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 ....................$

5,500 5,250
150 --0-- --0-- 5,250 --0-- 387,599 387,599
14
858,869 36,617 28,224 --0-- 3,400 1,730 --0-- 21,753 29,650 --0--
980,243 980,243
45
2,038,020 89,640 132,568 49,500 16,500 2,000 5,516 36,844 25,630 10,000
2,406,218 2,061,230
104
4,696,759 253,435 189,590 55,000 134,590 9,190 133,016 78,792 96,280

TUESDAY, FEBRUARY 16, 1982

675

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. ................$ 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 .............$ Local Civil Defense
Grants--Training. ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Construction and Facilities Maintenance Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

--0-- 12,000
229 57
2,503,638
834,159 78,207 3,200 --0-- 20,850 --0-- --0-- --0-- 23,019 30,850
-018,000 40,000
-01,048,285 1,025,091
36
707,477 98,771 16,500 --0-- 7,605 --0-- --0-- --0-- 31,664 57,244
32,000 951,261 460,840
31
109,261 118,180
2,400

676

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Grants to National Guard Units. ...........$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
4. Disaster Preparedness and Recovery Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
5. Service Contracts Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications 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. .....................$

--0-- -- 0-- 9,900 --0-- --0-- --0--
500 312,000 98,100 650,341 650,341
5
259,961 9,930 14,750 --0-- 3,600 1,000 --0-- 4,560 3,550 --0--
297,351 20,872 12
1,938,699 1,508,509
2,300 --0-- --0-- --0-- --0-- --0-- --0-- --0-- 3,449,508 346,494
115
3,849,557 1,813,597
39,150 --0--
32,055 10,900
--0-- 4,560

TUESDAY, FEBRUARY 16, 1982

677

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 .........................$ Local Civil Defense
Grants--Training. ...................$
Total Positions Budgeted Authorized Motor Vehicles

58,233 88,594
-- 0-- 312,000
18,000 40,000 98,100
32,000 199 20

Section 19. State Board of EducationDepartment of Education.

A. Budget Unit: Department of Education. ..........................$ 1,319,567,573

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

3,060,803 131,568 267,461 --0-- 121,526 14,070 137,959 93,382 321,273 7,689
4,155,731 1,893,253
123

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

260,738 33,098 3,575 --0-- 1,600 500 2,815 4,800 348,000 655,126 655,126 2

3. Vocational Education Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

2,880,592 169,355 242,487 --0-- 72,211

678

JOURNAL OF THE SENATE

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 ...................$ RealEstate 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. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

10,726 126,771 85,516 2,532,507
11,088 6,131,253 2,043,084
110
3,359,809 1,970,627
83,271 --0--
200,996 70,820 11,964 67,611
204,295 330,678
--0-- 6,300,071 5,088,238
180
963,936 374,274
18,502 15,894
318 120,298 35,525 180,087
11,798 1,720,632
799,817 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

937,350 182,049 50,879
--0-- 20,556
6,000 56,420 25,277 205,674 1,484,205 1,123,720
34

TUESDAY, FEBRUARY 16, 1982

679

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

4,785,791 242,854 355,212 --0-- 173,593 13,250 810,087 260,232 102,287 98,700 5,066
6,847,072 130,000
4,427,603 220
508,123 24,558 1,500 --0-- 6,939 675 --0-- 29,801 14,000 4,554
590,150 558,838
31
2,081,587 73,669 113,718 --0-- 66,150 5,700 95,228 47,821
1,185,555 3,669,428 2,938,617
82
52,691 6,910 1,650

680

JOURNAL OF THE SENATE

Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

6,050 175
4,284 3,769 45,190 120,719 120,719
2

11. Vocational Advisory 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 .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

76,924 20,071
8,000 --0-- 14,044 5,000 --0-- 7,000 5,043 32,000 168,082 --0--
3

12. Professional Practices Commission Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

176,694 9,192 11,710 --0-- 1,555 --0-- --0-- 19,011 5,721
46,000 269,883 216,757
6

13. Local Programs Budget:
APEG Grants: Salaries of Instructional Personnel (Sec. lOja) (1) and 10(a) (2)) .... $ 535,048,707 Salaries of Instructional Personnel (Sec. 5). . $ 87,526,096 Salaries of Instructional Personnel (Sec. 7). . $ 20,518,093 Salaries of Student Supportive Personnel (Sec. 20 (a)) ................$ 23,485,369 Salaries of Administrative and Supervisory Personnel (Sec. 21) .....$ 63,868,482 Special Education Leadership Personnel (Sec. 21 (d) (2)). .............$ 2,552,977

TUESDAY, FEBRUARY 16, 1982

681

Instructional Media (Sec. 13) ............$ Instructional Equipment (Sec. 14) ........$ Maintenance and Operation (Sec. 15). .....$ Sick and Personal Leave (Sec. 16) .........$ Travel (Sec. 17) .......................$ Pupil Transportation-(Sec. 25) ..........$ Isolated Schools ......................$ Mid-Term Adjustment .................$

19,913,659 693,229
88,513,506 5,536,794 1,016,736 72,907,058 342,945 12,818,043

Non-APEG Grants:

Education of Children of

Low-Income Families ................$ 88,977,609

Teacher Retirement ...................$ 90,885,328

Instructional Services for

the Handicapped ....................$ 22,905,728

Preparation of Professional

Personnel in Education

of Handicapped Children .............$

75,000

Tuition for the Multi-handicapped ........$ 1,172,000

Severely Emotionally Disturbed. .........$ 15,617,456

Compensatory Education ...............$ 12,746,747

School Library Resources and

Other Materials .....................$ 4,062,878

School Lunch (Federal) .................$ 108,417,000

School Lunch (State) ...................$ 14,596,589

Supplementary Education Centers

and Services. .......................$ 2,359,716

Staff Development ....................$ 925,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ..................$ 3,499,884

Cooperative Educational

Service Agencies ....................$ 3,719,738

Superintendents' Salaries ...............$ 4,546,327

High School Program ..................$ 24,982,554

Area Vocational-Technical

Schools. ...........................$ 47,386,492

Career Education .....................$ 325,162

Junior College Vocational

Program. ..........................$ 1,784,636

Quick Start Program. ..................$ 3,171,416

Comprehensive Employment

and Training .......................$ 3,647,196

Vocational Research

and Curriculum .....................$ 991,982

Adult Education ......................$ 4,049,473

Salaries and Travel of

Public Librarians ....................$ 4,070,099

Public Library Materials. ...............$ 3,757,524

Talking Book Centers ..................$ 666,258

Public Library Maintenance

and Operation ......................$ 2,501,483

Public Library Construction .............$ 587,000

682

JOURNAL OF THE SENATE

Competency-Based High School

Graduation Requirements. ............$ 240,000

Instructional Aides ....................$ 8,898,359

Teacher Health Insurance ..............$ 31,732,574

Nutritional Education. .................$ 370,733

Basic Skills ..........................$

82,727

Capital Outlay (under 32-648a). ..........$ 20,277,000

Grants to Local School

Systems for Educational

Purposes (Act 562) ...................$ 75,000,000

Indo-Chinese Refugee .................$

167,064

Salaries of Extended

Pre-School Personnel. ................$ 9,065,763

Area Vocational Technical

School Construction .................$ 1,107,600

Total Funds Budgeted ................... $1,554,111,789

State Funds Budgeted ................... $1,299,701,801

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

19,145,038 3,238,225 1,157,965
--0-- 701,114 127,234 810,087 871,783 490,752 5,203,835 366,319
-0-

APEG Grants:
Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) .......................$ 535,048,707
Salaries of Instructional Personnel (Sec. 5). ...................$ 87,526,096
Salaries of Instructional Personnel (Sec. 7). ...................$ 20,518,093
Salaries of Student Supportive Personnel (Sec. 20 (a)) ................$ 23,485,369
Salaries of Administrative and Supervisory Personnel (Sec. 21) ........$ 63,868,482
Special Education Leadership Personnel (Sec. 21(d) (2)) ..............$ 2,552,977
Instructional Media (Sec. 13) ............$ 19,913,659 Instructional Equipment (Sec. 14) ........$ 693,229 Maintenance and Operation (Sec. 15). .....$ 88,513,506 Sick and Personal Leave (Sec. 16) .........$ 5,536,794 Travel (Sec. 17) .......................$ 1,016,736

TUESDAY, FEBRUARY 16, 1982

683

Pupil TransportationRegular (Sec. 25) ....................$
Isolated Schools ......................$ Mid-Term Adjustment .................$

72,907,058 342,945
12,818,043

Non-APEG Grants:

Education of Children of

Low-Income Families ................$ 88,977,609

Teacher Retirement ...................$ 90,885,328

Instructional Services for

the Handicapped ....................$ 22,905,728

Preparation of Professional

Personnel in Education

of Handicapped Children .............$

75,000

Tuition for the Multi-handicapped ........$ 1,172,000

Severely Emotionally Disturbed. .........$ 15,617,456

Compensatory Education. ..............$ 12,746,747

School Library Resources

and Other Materials .................$ 4,062,878

School Lunch (Fed.) ...................$ 108,417,000

School Lunch (State) ...................$ 14,596,589

Supplementary Education

Centers and Services .................$ 2,359,716

Staff Development ....................$ 925,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ..................$ 3,499,884

Cooperative Educational

Service Areas. ......................$ 3,719,738

Superintendents Salaries ...............$ 4,546,327

High School Program ..................$ 24,982,554

Area School Program ..................$ 47,386,492

Career Education .....................$ 325,162

Junior College Program ................$ 1,784,636

Quick Start ..........................$ 3,171,416

Comprehensive Employment

and Training .......................$ 3,647,196

Vocational Research and

Curriculum ........................$ 991,982

Adult Education ......................$ 4,049,473

Salaries and Travel of

Public Librarians ....................$ 4,070,099

Public Library Materials. ...............$ 3,757,524

Talking Book Centers ..................$ 666,258

Public Library M&O..................$ 2,501,483

Public Library Construction. ............$ 587,000

Competency-Based High School

Graduation Requirements. ............$ 240,000

Instructional Aides ....................$ 8,898,359

Teacher Health Insurance ..............$ 31,732,574

Nutritional Education. .................$ 370,733

Basic Skills ..........................$

82,727

Capital Outlay (under 32-648a). ..........$ 20,277,000

684

JOURNAL OF THE SENATE

Grants to Local School Systems for Educational Purposes (Act 562) ...................$
Indo-Chinese Refugee .................$ Salaries of Extended
Pre-School Personnel. ................$ Area Vo-Tech School Construction. .......$ Total Positions Budgeted Authorized Motor Vehicles

75,000,000 167,064
9,065,763 1,107,600
845 17

B. Budget Unit: Institutions. ....................$ 13,365,381

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

2,255,408 227,411 4,958 --0-- 3,845 12,051 12,413 6,245 116,011 151,500
2,789,842 2,496,656
158

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

4,068,954 553,090 9,686 54,574 200 22,596 17,557 20,250 336,560 93,476
5,176,943 4,760,074
270

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

1,649,407 172,887 6,533 --0-- 2,517 36,921 14,884 5,900 100,749

TUESDAY, FEBRUARY 16, 1982

685

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

33,720 2,023,518 1,755,559
97
2,211,121 574,920 17,974 --0-- 5,860 57,418 13,695 2,500 246,402 --0--
3,129,890 2,302,408
104
1,859,492 464,017 16,083 --0-- 4,070 45,673 20,647 7,500 227,036 --0--
2,644,518 2,050,684
94

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

12,044,382 1,992,325 55,234 54,574 16,492 174,659 79,196 42,395 1,026,758 278,696 719 80

686

JOURNAL OF THE SENATE

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 ther if 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 ($10,883) 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 $ 10,883 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.

TUESDAY, FEBRUARY 16, 1982

687

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 $925,000 for Staff Development, $92,500 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.
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

688

JOURNAL OF THE SENATE

the need, the State Board of Education may approve usage of these funds for remedial purposes in grades 1 and 2.
Provided, that the funds appropriated herein for local school construction shall be used to complete the funding of those projects for which F.Y. 1981 en titlements were sufficient to cover eligible projects (pursuant to Section 48 of APEG), based on a total state entitlement of $100 million for F.Y. 1981.

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. ..............................$ Cost-of-Living Increases-Other
Retirees. ............................$ 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 ...............................$ Cost-of-Living Increases-Other
Retirees. ............................$ Total Positions Budgeted Authorized Motor Vehicles

90,000
533,000 15,020 8,400 --0-- 12,600 4,500
196,350 48,130
9,718 370,663
35,000
70,000 1,303,381
90,000 28
533,000 15,020 8,400 --0-- 12,600 4,500
196,350 48,130
9,718 370,663
35,000
70,000 28 1

TUESDAY, FEBRUARY 16, 1982

689

Section 21. Forestry Commission.

Budget Unit: Forestry Commission ..........$ 20,545,423

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

707,707 688,179
4,963 21,970
3,324 13,214 14,437
--0-- 9,376 82,132 517,000 2,062,302 865,302
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

14,563,597 3,554,717
88,268 645,903
29,625 1,122,147
35,970 13,152 419,028 39,443 60,000 135,800 20,707,650 17,988,070
807

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

650,087 91,384 18,254 --0-- 39,489 5,656 73,944 --0-- 17,500 4,137
420,990 --0--
1,321,441 1,292,051
25

690

JOURNAL OF THE SENATE

4. Wood Energy Budget:

Wood Energy Program. ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

400,000 400,000 400,000
4

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Contractual Research. ...................$ Ware County Grant .....................$ Herty Foundation ......................$ Wood Energy Program. ..................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

15,921,391 4,334,280
111,485 667,873
72,438
1,141,017 124,351 13,152 445,904 125,712 420,990 60,000 --0-- 400,000 652,800 867 751

Provided, that to the extent that Federal Funds are realized in excess of the amounts of such funds con templated in the Cooperative Forest Protection, 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 $450,000 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 ..........................$ 16,352,345

1. General Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

494,215 26,570 5,000

TUESDAY, FEBRUARY 16, 1982

691

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

-- 0-- 2,500 1,050 --0-- 31,777 21,250 3,200 4,900 --0-- 590,462 590,462
23
6,358,476 1,053,159
295,730 358,708
20,500 45,975
700 102,872 207,488
9,382 145,000
8,100 45,000 8,651,090 8,651,090
230
2,176,178 409,460 25,000 --0-- 5,000 50,000 99,436 11,190 80,400 500 17,200 --0--
2,874,364 2,874,364
89
1,699,305 95,056 9,000

692

JOURNAL OF THE SENATE

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

6,000 40,000
1,160 1,877,808
3,600 482,000
2,500 20,000 4,236,429 4,236,429
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

10,728,174 1,584,245
334,730 364,708 68,000 98,185 1,977,944 149,439 791,138
15,582 145,000 50,200 45,000
439 254

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.

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

--0--
840,062 30,980 8,000 --0-- 4,000 1,500

TUESDAY, FEBRUARY 16, 1982

693

Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

18,000 56,461 12,000 110,000 1,081,003
--0-- 30

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

840,062 30,980 8,000 --0-- 4,000 1,500 18,000 56,461 12,000 110,000 30 0

It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the following project for the Department of Industry and Trade 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 project:

Expansion of Georgia World Congress Center in Atlanta. .............$ 83,000,000

It is the intent of this General Assembly that none of the General Obligation Bonds authorized in this Ap propriations Act shall be for a term of more than twen ty years.

Section 24. Office of the Governor.

A. Budget Unit: Governor's Office ...............$ 4,354,032

1. Governor's Office Budget:
Cost of Operations . .....................$ Mansion Allowance .....................$ Governor's Emergency Fund. .............$ Intern Stipends and Travel ...............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

1,587,999 40,000
2,300,000 112,798
4,040,797 4,010,797

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

694

JOURNAL OF THE SENATE

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 E mployment Practices Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ RealEstateRentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
Budget Unit Object Classes:

329,381 12,668 12,000 --0-- 3,500 1,100 --0-- 20,132 10,459 23,995
413,235 343,235
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. .........................$

1,587,999 40,000
2,300,000 112,798 329,381 12,668 12,000 --0-- 3,500 1,100 --0-- 20,132 10,459 23,995 15 1
6,786,184

TUESDAY, FEBRUARY 16, 1982
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

695
441,786 87,430 9,000 --0-- 30,000 1,000 --0-- 172,476 12,000 146,000
899,692 808,135
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
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

138,178 8,853 5,000 --0-- 7,100 --0-- --0-- 18,716 7,500 8,000
1,392,806 595,000 35,000
2,216,153 1,586,153
8
282,663 1,300 8,600 --0-- --0-- 600 --0-- --0-- 4,600 8,000
305,763 305,763
9

696

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

201,986 3,597
29,604 --0-- 300 1,200 --0-- --0--
10,000 2,000 248,687 248,687
7
571,223 1,750 7,000 --0-- --0-- 1,190
27,000 --0-- 8,000 1,300
617,463 617,463
21
344,724 200
5,000 --0-- --0--
500 --0-- --0-- 4,900 7,000 362,324 362,324
11
932,070 50,065 15,000 --0-- 6,500 1,500

TUESDAY, FEBRUARY 16, 1982

697

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 .......$ Publications 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

25,000 56,062 102,000
7,000 1,195,197
853,297 44
290,171 28,000 35,000 --0-- 70,000 --0-- 8,700 --0-- 17,000
4,530,000 4,978,871
280,546 16
134,574 7,610 3,680 --0-- 5,470 --0-- 3,100 8,110 3,300 13,500
179,344 89,282
4
103,597 300
5,000 --0-- 2,000 1,000 169,000 --0-- 3,000 85,000 368,897 368,897
3

698

JOURNAL OF THE SENATE

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
14. Criminal Justice Coordinating Council Budget.
Personal Services .......................$ Regular Operating Expenses ..............$ Travel.. ..............................$

376,657 5,000 19,000 --0-- 5,000 1,000 12,000 --0-- 11,000 70,000
499,657 339,657
14
351,693 1,800 7,500 --0-- --0-- 1,000 --0-- --0-- 5,000 --0--
366,993 366,993
11
276,510 11,706 7,000 --0-- 900 --0-- --0-- 13,000 5,700 30,000
344,816 344,816
13
157,106 11,750 8,700

TUESDAY, FEBRUARY 16, 1982

699

Motor Vehicle Equipment Purchases .......$ Publications 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, not less than 95% of $1,392,806 is designated and committed for Grants to Counties, Cities and Non-Profit Organiza tions in the State of Georgia.

--0-- 10,000
--0-- --0-- 6,875 5,500 14,240 214,171 214,171
5
4,602,938 219,361 165,084 --0-- 137,270 8,990 244,800 275,239 199,500
4,922,040 1,392,806
595,000 35,000 181 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 ...................$
Budget Unit Object Classes:
Grants to Counties ......................$ Grants to Municipalities .................$

6,801,631 2,600,000 2,600,000 2,600,000 4,201,631 4,201,631 4,201,631
2,600,000 4,201,631

700

JOURNAL OF THE SENATE

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. .........................$ 211,511,061

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

12,596,029 820,982 545,758 22,500 117,880 61,175 789,582
2,682,375 603,790
2,396,567 141,120 514,885 --0--
21,292,643 610,592 --0--
10,873,794 57,191
9,751,066 636 7

General Administration and Support Functional Budgets

Total Funds Commissioner's Office ......$ 589,539 Child Care Licensing. .......$ 1,212,876 Laboratory Improvement ....$ 477,859 Child Support Recovery .....$ 6,107,305 Contract Management. ......$ 186,647 Public Affairs. .............$ 316,404 Office of Administrative
Appeals. ................$ 580,216 Health Care Facilities
Regulations. .............$ 1,763,976 Radiological Health .........$ 394,408 Administrative Policy,
Coordination and Direction ............$ 143,045 Personnel. ................$ 1,461,725

State Funds Pos.

$ 589,539

18

$ 1,039,361

56

$ 330,859

19

$ 589,337 195

$ 186,647

7

$ 316,404

12

$ 580,216

22

$ 651,021

64

$ 394,408

14

$ 143,045

4

$ 1,405,525

70

TUESDAY, FEBRUARY 16, 1982

701

Administrative Support

Services ................$ 1,914,490

Office of Review

and Investigation .........$ 1,265,255

Systems Planning,

Development and Training .$ 263,068

Program Analysis ..........$ 113,986

Electronic Data Processing,

Planning and Coordination .$ 418,116

Facilities Management ......$ 2,861,944

Regulatory Services-

Program Direction

and Support .............$ 446,983

MH/MR Advisory Council. ...$ 46,691

Council on Family Planning ..$ 76,615

Developmental Disabilities ...$ 273,484

Council on Maternal and

Infant Health ............$ 79,657

Community and Intergovern

mental Affairs. ...........$ 298,354

IndirectCost ..............$

-0-

Undistributed .............$

--0-

Total. ....................$ 21,292,643

$ 1,687,255

52

$ 309,255

43

$ 263,068

9

$ 113,986

5

$ 150,500

0

$ 2,094,964

8

$ 446,983

15

$ 46,691

1

$ 11,610

2

$

--0--

9

$ 79,657

3

$ 298,354

8

$ (1,977,619)

0

$

-0-

0

$ 9,751,066 636

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 ...............................$ Institutional Repairs and Maintenance ......$ Total Funds Budgeted ...................$ Title XX Funds. ........................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

4,799,385 129,708 192,125 --0-- 21,005 24,590 --0-- 3,500 --0--
130,000 --0-- 100
500,000 5,800,413
-0-- 1,901,961 3,898,452
236 0

Financial Management Functional Budgets

Total Funds

Budget Administration ......$ 1,502,349

Accounting Services ........$ 2,583,641

Audi ting Services. ..........$ 1,714,423

IndirectCost ..............$

--0--

Undistributed .............$

--0--

Total. ....................$ 5,800,413

State Funds Pos.

$ 1,502,349

37

$ 2,583,641 138

$ 1,714,423

61

$ (1,901,961)

0

$

--0--

0

$ 3,898,452 236

702

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 .............$ Menninger Group Homes ................$ Contract--Georgia
Advocacy Office, Inc. ..................$ Grant--Savannah Speech
and Hearing Center ...................$ Utilities ..............................$ Postage. ..............................$ Benefits for Child Care ..................$ Total Funds Budgeted ...................$ Title XX Funds. ........................$ Indirect DO AS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

2,505,819 14,162,499
127,450 --0--
103,180 3,390
286,968 9,223
57,935 24,758,308
85,000
215,000
39,947 --0--
21,875 610,300 42,986,894 4,745,052 44,143 33,046,759 5,150,940
116 111

Special Programs Functional Budgets

Total Funds

State Economic

Opportunity Office. .......$ 304,162

District Programs,

Director's Office. .........$ 531,158

Child Development

Administration ...........$ 1,122,283

Child Development

Contracts--Foster Care ....$ 285,035

Special Projects ............$ 911,779

Child Development

Contracts-Day Care ......$ 19,054,213

Child Development

Contracts--Home

Management ............$ 268,246

Child Development

Contracts--Outreach ......$ 629,408

Information and Referral ....$ 325,340

Troubled Children Benefits. ..$ 695,300

Council on Aging. ..........$ 47,167

Energy Assistance ..........$ 17,724,352

Title XX Administration .....$ 1,088,451

Undistributed .............$

--0--

Total. ....................$ 42,986,894

State Funds Pos.

$ 140,566

10

$ 497,532

21

$ 336,460

42

$

8,641

0

$ 627,847

3

$ 2,066,431

0

$ 26,640

0

$ 75,598

0

$ 325,340

0

$ 695,300

0

47,167

1

$

--0--

4

$ 303,418

35

$

--0--

0

$ 5,150,940 116

TUESDAY, FEBRUARY 16, 1982

703

Public 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

2,244,669 170,584 54,779 --0-- 48,560 7,000 386,778 --0-- 182,200 101,110 -01,450
3,197,130 568,978 296,260
2,331,892 114 0

Public Health--Program Direction and Support Functional Budgets.

Total Funds

Director's Office ...........$ 521,246

Employee's Health .........$ 241,228

Primary Health Care ........$ 302,470

Health Program Management .$ 700,215

Vital Records ..............$ 891,045

Health Services Research ....$ 540,926

Undistributed .............$

--0--

Total. ....................$ 3,197,130

State Funds Pos.

$ 342,246

8

$ 149,328

9

$ 299,270

10

$ 528,655

27

$ 876,045

53

$ 136,348

7

$

--0--

0

$ 2,331,892 114

5. Public 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. .................$

5,499,369 2,436,021
278,686 7,755
111,800 4,120
154,770 9,660 56,370
6,030,360 -0-
23,450
3,879,000 3,150,000
550,000 1,890,000

704

JOURNAL OF THE SENATE

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 ...........$ Family Planning Benefits. ................$ Total Funds Budgeted ...................$ Indirect DO AS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

100,000
25,000
40,000
106,000
188,850 15,000
226,530 24,782,741
11,350 10,679,108 14,092,283
242 4

Public Health -- Family Health Functional Budgets

Total Funds Family Health Management ..$ 5,713,057 Cancer Control ............$ 2,510,496 Crippled Children ..........$ 4,672,503 Immunization .............$ 489,128 Maternal Health ...........$ 236,382 Sexually Transmitted Diseases $ 184,357 Infant and Child Health. .....$ 4,484,744 Diabetes. .................$ 243,495 Chronic Disease. ...........$ 1,443,682 Coordination, Education,
Prevention ..............$ 575,997 Malnutrition ..............$ 584,479 Stroke and Heart Attack
Prevention ..............$ 143,177 Family Planning ...........$ 756,329 Epidemiology. .............$ 1,366,496 Dental Health .............$ 68,051 Community Tuberculosis
Control .................$ 1,048,562 Crippled Children--SSI ......$ 181,806 Undistributed .............$ 80,000 Total. ....................$ 24,782,741

State Funds Pos.

$ 290,725

23

$ 2,282,496

6

$ 2,468,113

60

$

--0--

17

$ 236,382

6

$ 184,357

6

$ 4,437,744

12

$ 63,130

5

$ 1,443,682

22

$

--0--

10

$

--0--

18

$ 136,177

6

$ 51,193

13

$ 1,309,871

11

$ 68,051

3

$ 1,040,362

24

$

--0--

0

$ 80,000

0

$ 14,092,283 242

6. Public Health -- Community Health Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

3,110,290 443,129 51,971

TUESDAY, FEBRUARY 16, 1982

705

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

-- 0-- 43,015 43,950
--0-- --0--
4,000 324,267
--0-- 11,950 4,032,572 4,000 394,863 3,633,709
152 1

Public Health -- Community Health Functional Budgets

Total Funds

Occupational and

Radiological Health .......$ 348,045

Laboratory Services. ........$ 3,088,979

Emergency Health. .........$ 595,548

Undistributed .............$

--0--

Total. ....................$ 4,032,572

State Funds Pos.

$ 222,378

7

$ 2,888,783 129

$ 522,548

16

$

--0-

0

$ 3,633,709 152

7. Public Health -- Local Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................I 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 ..............I Crippled Children Benefits ...............$ Grants to Counties for Teenage Pregnancy Prevention ...........,.....$ Benefits for Medically Indigent High Risk Pregnant Women and Their Infants ...................,.$

12,054,764 22,486,673
484,923 --0--
31,590 58,710 160,575 145,650 4,836,441 6,350 26,395
1,050,000
42,800 75,000 175,000 1,162,625
250,000
3,451,480

706

JOURNAL OF THE SENATE

Grant for DeKalb County Mental Retardation Project. ...................$
Grant for Chatham County Mental Retardation Project. .............$
Grant-In-Aid to Counties .................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ TitleXXFunds. ........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

97,300
92,800 29,856,694 76,545,770
130,470 38,720,980
225,000 37,469,320
563 2

Public Health -- Local Services Functional Budgets

Total Funds

Minimum Foundation .......$ 7,090,589

Grant-in-Aid to Counties. ....$ 26,807,153

Stroke and Heart

Attack Prevention ........$ 1,146,208

Family Planning ...........$ 5,551,208

Sickle Cell, Vision

andHearing .............$ 341,892

Sexually Transmitted

Diseases ................$ 1,061,688

High Risk Pregnant Women

and Their Infants .........$ 3,910,273

Newborn Follow-Up Care. ...$ 284,694

District Dental. ............$ 915,839

Teenage Pregnancy Preventions 250,000

District Crippled Children. ...$ 2,133,187

Mental Retardation Projects ..$ 190,100

Malnutrition ..............$ 26,862,939

Undistributed .............$

--0--

Total. ....................$ 76,545,770

State Funds Pos.

$ 6,674,089 224

$22,150,320

0

$ 615,008

20

$ 1,045,643 183

$ 341,892

15

$ 95,270

29

$ 3,836,273

19

$ 284,694

12

$ 898,324

18

$ 250,000

0

$ 1,277,807

33

$

--0--

0

$

--0--

10

$

--0--

0

$ 37,469,320 563

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

3,493,197 162,030 168,846 --0--
50,300 7,000 918,187 --0-- 161,900 337,200 2,500 1,700 5,302,860

TUESDAY, FEBRUARY 16, 1982

707

Title XX Funds. ........................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

128,750 997,287 926,474 3,250,349
145

Mental Health--Program Direction and Support Functional Budgets

Total Funds

Administration ............$ 2,593,681

Special Projects

and Contracts ............$ 400,600

Program Coordination. ......$ 2,142,275

Central Lab ...............$ 166,304

Undistributed .............$

--0--

Total. ....................$ 5,302,860

State Funds Pos.

$ 1,612,194

63

$

--0--

9

$ 1,633,155

66

$

5,000

7

$

--0--

0

$ 3,250,349 145

9. Purchase of Social Services:

Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$ W.I.N. Benefits ........................$ Grants to Fulton County for 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 .........................$ TitleXXFunds. ........................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- 410,000 -0--0-- 802,357
171,434 9,170,517
111,202 471,879 124,000 320,286 11,581,675 5,444,114 274,419 5,863,142
0

Purchase of Social Services Functional Budgets

Total Funds Work Incentive Benefits .....$ 802,357 Grants to Fulton County
for 24-hour Emergency
Social Services ...........$ 171,434

State Funds Pos.

$ 127,357

0

$ 171,434

0

708

JOURNAL OF THE SENATE

Legal Services .............$ 410,000 $ 312,081

0

AFDC--Family Foster Care... $ 2,499,472 $ 839,308

0

AFDC--Institutional

Foster Care. .............$ 806,447 $ 270,812

0

Specialized Foster Care ......$

53,564 $ 53,564

0

Child Welfare-

Family Foster Care ........$ 4,232,118 $ 2,745,326

0

Adoption Supplement .......$ 220,000 $ 220,000

0

Non-AFDC Institutional

FosterCare...... ........$ 182,157 $ 182,157

0

Liability Insurance .........$

15,400 $ 15,400

0

Emergency Shelter Care .....$

84,070 $ 84,070

0

Day Care .................$ 882,960 $ 462,960

0

Psychiatric, Psychological

and Speech Therapy. ......$ 128,064 $ 105,564

0

Maternity Care ............$

59,265 $ 26,057

0

Return of Runaways--County. $

7,000 $

7,000

0

HomemakerProjects. .......$ 1,027,367 $ 240,052

0

Undistributed .............$

--0-- $

--0--

0

Total. ....................$ 11,581,675 $ 5,863,142

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

715,930 15,000 17,963 --0--
4,000 --0-- --0-- -019,000 2,500 -0--0-- --0-- 774,393 --0-- --0-- 774,393
29 0

11. Services to the Aged Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

1,057,921 26,029 52,809 --0-- 8,465 --0--

TUESDAY, FEBRUARY 16, 1982

709

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

-- 0-- 3,951 27,865 20,965,352 --0--
500 22,142,892
1,030,144 19,297,042
1,815,706 41
224

Services to the Aged Functional Budgets

Total Funds Title XX Adult Services ......$ 4,468,397 Administration and Planning .$ 2,448,640 Nutrition Grants ...........$ 9,426,756 Areawide Grants ...........$ 5,735,599 Undistributed .............$ 63,500 Total. ....................$ 22,142,892

State Funds Pos.

$ 711,795

0

$ 352,681

41

$ 437,730

0

$ 250,000

0

$ 63,500

0

$ 1,815,706

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

1,349,288 88,879 75,579 --0-- 23,185 3,500
433,420 --0--
27,450 268,245
--0-- 2,000 150,000 228,750 2,650,296 --0--
1,716,460 933,836 54

710

JOURNAL OF THE SENATE

Vocational Rehabilitation--Program Direction and Support Functional Budgets

Total Funds

Program Direction and

Support. ................$ 1,856,149

Grants Management ........$ 794,147

Undistributed .............$

--0--

Total. ....................$ 2,650,296

State Funds Pos.

$ 541,571

45

$ 392,265

9

$

--0--

0

$ 933,836

54

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 XXFunds. ........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

3,027,072 297,321 20,997 40,200 700 29,060 --0-- 127,900 34,050
105,300 58,950
3,825 --0-- --0-- 3,745,375 --0-- 2,856,331 -0-- 889,044
167 19

Vocational Rehabilitation--Facilities Functional Budgets

Total Funds

Youth Development Center--

V. R. Unit .................$ 327,796

Atlanta Rehabilitation Center ...$ 1,843,334

Alto Rehabilitation Center ......$ 241,397

Cave Spring

Rehabilitation Center ........$ 338,959

Central Rehabilitation Center ...$ 641,290

Georgia Vocational Adjustment

Center--Gracewood .........$ 352,599

Undistributed. ...............$

--0-

Total .......................$ 3,745,375

State Funds

$ 78,104 $ 447,290 $ 60,706

$ 79,146 $ 136,389

$ 87,409

$

-0-

$ 889,044

Pos.
15 76 12
18 27
19 0 167

TUESDAY, FEBRUARY 16, 1982

711

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

6,678,993 1,224,049
44,143 33,355 15,900 70,465
--0-- --0-- 117,670 581,950 400,000 11,800 25,000 600,000 --0-- 9,803,325 50,000 6,225,085 3,528,240
404 23

Roosevelt Warm Springs Rehabilitation InstituteFunctional Budgets

Total Funds

Administration ............$ 4,044,886

Rehabilitation Services ......$ 4,696,093

Instruction. ...............$ 383,906

Independent Living .........$ 540,684

Research/Training ..........$ 137,756

Undistributed .............$

--0--

Total. ....................$ 9,803,325

State Funds Pos.

$ 2,421,186 128

$ 398,603 234

$ 30,011

16

$ 540,684

21

$ 137,756

5

$

--0--

0

$ 3,528,240 404

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. ..............................$ Capital Outlay .........................$ Case Services ..........................$

2,414,514 4,679,177
53,478 153,500
3,200 223,200
--0-- 8,400 23,640 110,000 85,000 5,800 185,040 225,000

712

JOURNAL OF THE SENATE

Total Funds Budgeted ...................$ Agency Funds .........................$
State Funds Budgeted ...................$ Total Positions Budgeted
Authorized Motor Vehicles

8,169,949 7,452,852
717,097 44
14

Georgia Factory for the Blind Functional Budgets

Total Funds

Operations. ...............$ 7,085,040

Supervision ...............$ 357,097

Business Enterprise Vending

Stand Project ............$ 727,812

Undistributed .............$

-0--

Total. ....................$ 8,169,949

State Funds Pos.

$ 185,040

8

$ 357,097

19

$ 174,960

17

$

-0-

0

$ 717,097

44

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 with Vocational
Rehabilitation Community Facilities ............................$ Contract for Epilepsy. ...................$ Case Services ..........................$ Contract with the Affirmative Industries ...........................$ Cerebral Palsy Contract. .................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

13,711,891 458,940 432,754 --0-- 12,700 18,500 --0-- 592,500 351,300 306,860 65,520 73,105
3,439,970 60,000
11,602,008
100,000 130,000 31,356,048 50,000 21,681,749 9,624,299
694 5

17. Vocational RehabilitationDisability Adjudication Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

7,744,177 194,137 20,950 --0--

TUESDAY, FEBRUARY 16, 1982

713

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

43,270 78,690 249,527 505,746 405,080 372,342
--0-- 155,000 6,974,732 16,743,651 16,743,651
--0-- 384

18. Public Assistance Budget:

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

--0--

Regular Operating Expenses ..............$ 400,000

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

60,000

AFDC Benefits .........................$ 169,734,584

Total Funds Budgeted ...................$ 170,194,584

Agency Funds .........................$ 113,101,418

State Funds Budgeted ...................$ 57,093,166

Total Positions Budgeted

0

Public Assistance Functional Budgets

Total Funds

Refugee Benefits ..........$ 400,000

AFDC Payments ..........$ 169,734,584

SSI--Supplement Benefits. ..$

60,000

Undistributed ............$

--0--

Total ...................$ 170,194,584

State Funds Pos.

$

--0-

0

$ 57,033,166

0

$ 60,000

0

$

--0--

0

$ 57,093,166

0

19. Local Services--Community Services and Benefits Payments Budget:

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

-- 0-

Regular Operating Expenses ..............$

--0-

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-

714

JOURNAL OF THE SENATE

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

55,267,344
43,878,230 99,145,574 51,024,850
3,589,645 44,531,079
0

Local Services--Community Services and Benefits Payments Functional Budgets

Total Funds

Local Services-

Benefits Payments Grants ..$ 55,267,344

Grants to Counties

for Social Services. ........$ 43,878,230

Undistributed .............$

--0-

Total. ....................$ 99,145,574

State Funds Pos.

$26,050,347

0

$ 18,480,732

0

$

--0-

0

$44,531,079

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. ..........$ TitleXXFunds. ........................$ State Funds Budgeted ...................$ Total Positions Budgeted

7,617,596 310,466 352,755 --0-- 651,835 43,430
3,655,240 171,400 849,503
2,861,936 8,415
275,620 16,798,196 10,050,968
540,180 44,000 6,163,048
343

Family and Children Services--Program Direction and Support Functional Budgets

Total Funds
Director's Office ...........$ 445,313 Research and Demonstration . $ 59,629 Program Planning
and Development. ........$ 876,557

State Funds Pos.

$ 445,313

7

$ 59,629

3

$ 876,557

17

TUESDAY, FEBRUARY 16, 1982

715

Program Management

and Training. ............$ 1,704,029

Administration

and Management .........$ 9,435,133

Management Information

Systems. ................$ 928,325

District Program Operations. . $ 2,608,427

District Administration ......$ 715,783

Indirect Cost ..............$

-0-

Undistributed .............$ 25,000

Total. ....................$ 16,798,196

$ 1,452,828

61

$ 3,374,529

88

$ 853,325

50

$ 2,608,427

99

$ 715,783

18

$ (4,248,343)

0

$ 25,000

0

$ 6,163,048 343

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 .................$ Grant--Savannah Speech and Hearing Center ...................$ 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 ...................$

90,620,904 48,505,624 2,975,966
257,310 1,290,585
676,780 6,874,472 4,275,230 3,067,403 64,898,738
767,855 1,129,455
785,040
3,879,000 4,312,625
550,000 1,890,000
3,476,480 301,530 175,000
97,300
92,800 29,856,694
39,947 802,357
171,434 9,780,817
111,202 471,879 124,000 320,286 228,750 18,826,740 150,000

716

JOURNAL OF THE SENATE

SSI-Supplement Benefits .................$

60,000

AFDC Benefits. ........................$ 169,734,584

Local Services Benefits

Payments Grants .....................$ 55,267,344

Grants to Counties for Social Services .......$ 43,878,230

Contract with Vocational

Rehabilitation Community

Facilities ............................$ 3,439,970

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program ..................$ 100,000

Contract with the

Affirmative Industries .................$ 100,000

Institutional Repairs

and Maintenance .....................$ 500,000

Contract with Emory University

for Arthritis Research ..................$ 188,850

Grant for Epilepsy Program. ..............$

60,000

Grant to Grady Hospital for

Cystic Fibrosis Program ................$

40,000

Contract for Scoliosis

Screening ...........................$

15,000

Menninger Group Homes ............. . . . $

85,000

Contract--Georgia

Advocacy Office, Inc. ..................$ 215,000

Grant for Teenage Pregnancy

Prevention Program ...................$ 250,000

Contract--Cancer Research

at Emory ............................$ 106,000

Contract -- Macon-Bibb County

Hospital Authority ....................$ 1,050,000

Cerebral Palsy Contract. .................$ 130,000

Grants to Counties for

Metabolic Disorders

Screening and Testing. .................$

42,800

Total Positions Budgeted

4,364

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 Public Health -- Local Services Budget not less than $125,000 is committed for continuation of the Community Car diovascular Council Stroke-Screening Program.

TUESDAY, FEBRUARY 16, 1982

717

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 $57,033,166 in State funds for the purpose of making AFDC benefit payments.

Provided that for the last three months of Fiscal 1982, the following maximum 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
$202 306 366 432 494 536 580 616 648 694 742

Maximum Monthly Amount
$107 162 194 229 262 284 307 326 343 368 393

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 53% of the above stan dard of needs effective April 1, 1982.
Provided, that of the above appropriation, $130,000 is designated and committed to operate the Rome Cerebral Palsy Center.
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, $3,879,000 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.

718

JOURNAL OF THE SENATE

Provided, that of the above appropriation relating to the Public 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 funds above the amounts anticipated in this appropriation shall be used to improve and expand Public 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 Resources is authorized to make payments (not to ex ceed $5,000) to the Georgia Building Authority for the purpose 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.

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

431,400
787,840 45,320 20,100
7,500 1,600 30,000 75,700

TUESDAY, FEBRUARY 16, 1982

719

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

21,210 140,000
5,000 1,134,270
--0-- 702,870 431,400
33 0
787,840 45,320 20,100
7,500 1,600 30,000 75,700 21,210 140,000 5,000
33 0

C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions. ...............$ 265,314,304

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--
July 1,1981 Total Positions Budgeted--
June 30, 1982 Authorized Motor Vehicles

8,174,080 1,047,928
10,865 31,200 5,200 229,185 89,000
--0-- 88,420 217,600 291,500 8,300 387,000 17,234 10,597,512 1,125,325 82,919 9,389,268
492
503 24

720

JOURNAL OF THE SENATE

2. Georgia Regional Hospital at Atlanta Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ 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

10,489,014 1,393,424
16,815 8,000 9,100 114,640 128,000 --0-- 114,500 133,125 444,000 10,000 7,000 513,000 13,380,618 1,959,100 116,784 11,304,734
642 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--
July 1, 1981 Total Positions Budgeted--
June 30, 1982 Authorized Motor Vehicles

8,143,132 898,096 14,086 34,350 1,900 21,660 123,000 --0-- 99,300 132,775 354,000 6,900 500,000 106,250
10,435,449 864,300 108,957
9,462,192
498
493 22

4. West Central Georgia Regional Hospital Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

7,035,211 855,182 13,898

TUESDAY, FEBRUARY 16, 1982

721

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 1,1981 Total Positions Budgeted--
June 30, 1982 Authorized Motor Vehicles

7,750 4,930 29,535 107,000 --0-- 93,000 36,720 370,000 10,700 666,500 500,000 9,730,426 892,600 89,714 8,748,112
441
434 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

10,009,775 1,090,271 11,646 62,330 1,360 83,720 128,000 --0-- 89,150 36,600 1,003,000 7,000 724,296 883,500
14,130,648 2,673,415
113,803 11,343,430
649 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. .....................$

25,759,841 3,117,408 11,475 106,650 6,640 126,695 92,000 --0--

722

JOURNAL OF THE SENATE

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 1,1981 Total Positions Budgeted--
June 30, 1982 Authorized Motor Vehicles

247,600 115,970 1,350,000
13,200 1,018,134 31,965,613 11,766,400
132,805 20,066,408
1,801
1,795 111

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

17,342,240 1,867,065 17,881 50,800 5,300 116,775 136,000 --0-- 133,600 241,490 689,000 14,000 87,766
20,701,917 5,315,500 131,502 15,254,915 1,155 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. ..........$

14,694,108
2,709,613 12,759 9,350 6,610 74,075
140,000 --0--
149,800 132,050 957,300
9,350 794,000
35,000 19,724,015 8,301,300
149,063

TUESDAY, FEBRUARY 16, 1982

723

State Funds Budgeted ...................$ 11,273,652

Total Positions Budgeted

935

Authorized Motor Vehicles

39

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

8,820,845 1,124,782
15,121 14,860 5,635 80,790 148,000
--0-- 160,500 626,890 1,251,000
11,900 275,000
8,750 12,544,073
1,195,075 141,386
11,207,612 525 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 1,1981 Total Positions Budgeted--
June 30, 1982 Authorized Motor Vehicles

64,912,363 8,715,313 22,424 62,450 41,850 270,175 564,000 --0-- 440,200 196,400 3,856,000 38,000 786,000 664,000
80,569,175 16,947,695
458,067 63,163,413
4,180
4,173 215

724

JOURNAL OF THE SENATE

11. State Youth Development Centers Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ 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

11,157,936 1,310,355
8,277 62,420
3,000 171,385
--0-- --0-- 97,330 123,840 672,100 18,465 250,000 13,875,108 323,635 13,551,473
710 103

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 .........................$ Reserve for Gwinnett
County RYDC. .......................$ Grants to County-Owned Detention
Centers .............................$ Total Funds Budgeted ...................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

5,850,391 823,835 12,026 27,350 2,700 42,650 --0-- --0-- 50,955 69,800 434,000 8,450 632,500
--0--
1,844,220 9,798,877
226,625 9,572,252
382 39

13. Community Mental Health/ Mental Retardation Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

8,541,320 483,388 57,126

TUESDAY, FEBRUARY 16, 1982

725

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$

8,640

Equipment Purchases ...................$

2,530

Computer Charges ......................$

--0--

Real Estate Rentals. .....................$

102,720

Telecommunications ....................$

42,590

Per Diem, Fees and Contracts .............$ 254,930

Utilities ..............................$

27,000

Postage. ..............................$

2,900

Capital Outlay .........................$

50,000

Drug Abuse Contracts ...................$ 899,058

Day Care Centers for the

Mentally Retarded ....................$ 41,624,640

MR Day Care Center Motor

Vehicle Purchases. ....................$ 521,625

Developmental Disability

Services Chiefs .......................$ 747,002

Group Homes for the

Mentally Retarded ....................$ 3,490,039

Supportive LivingStaff ..................$ 1,113,903

Supportive Living Benefits ...............$ 1,783,610

Georgia State Foster

Grandparent/Senior

Companion Program ..................$ 514,000

Community Residential Services Staff. ......$ 1,588,771

Community Residential

Services. ............................$ 2,606,734

Community Mental Health

Center Services .......................$ 53,325,771

Project Rescue .........................$ 249,412

Project ARC ...........................$ 155,000

Project Friendship ......................$ 209,000

Group Homes for

Autistic Children .....................$ 218,332

Uniform Alcoholism Projects .............$ 2,291,132

Total Funds Budgeted ...................$ 120,911,173

Title XX ..............................$ 6,784,665

Agency Funds .........................$ 52,115,335

State Funds Budgeted ...................$ 62,011,173

Total Positions Budgeted

435

Authorized Motor Vehicles

801

Community Mental Health/Mental Retardation Services Functional Budgets

Total Funds

Mental Health Community

Assistance. ..............$ 5,271,124

Outdoor Therapeutic

Program ................$ 685,827

Mental Retardation

Community Assistance ....$ 1,435,359

Central Pharmacy ..........$

98,646

Metro Drug Abuse Centers ...$ 1,043,438

State Funds Pos.

$ 5,217,274 240

$ 685,827 24

$ 1,435,359 64

$

98,646

3

$ 420,348 47

726

JOURNAL OF THE SENATE

Developmental Disability

Service Chiefs. ...........$ 747,002

Day Care Centers for the

Mentally Retarded ........$ 42,446,519

Supportive Living ..........$ 2,897,513

Group Homes for the

Mentally Retarded ........$ 3,490,039

Georgia State Foster

Grandparent/Senior

Companion Program ......$ 514,000

Community Residential

Services ................$ 4,195,505

Group Homes for

Autistic Children .........$ 218,332

Project Rescue .............$ 249,412

Drug Abuse Contracts .......$ 899,058

ProjectARC. ..............$ 155,000

Project Friendship ..........$ 209,000

Community Mental Health

Center Services. ..........$ 54,064,267

Uniform Alcoholism Projects .$ 2,291,132

Undistributed .............$

-- 0--

Total. ....................$ 120,911,173

$ 747,002

0

$ 20 ,966,596 21

$ 2 ,897,513

0

$ 3 ,490,039

0

$ 514,000

0

$ 2 ,876,880

0

$ 218,332

0

$ 149,336

0

$ 245,125

0

$ 155,000

0

$ 209,000

0

$ 19 ,615,464 36

$ 2 ,069,432

0

$

-0-

0

$ 62 ,011,173 435

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

$ 7,447,208

$

599,985

$

376,657

$

18,700

$

3,750

$

4,950

$

-0-

$ 267,190

$

188,550

$

-0--

$

26,480

$

17,200

$

15,000

$ 8,965,670

$ 8,965,670

421

19

Community Youth Services Functional Budgets

Total Funds Group Homes .............$ 399,746 Community Detention ......$ 804,244 Day Centers. ..............$ 512,840 Community Treatment
Centers .................$ 1,516,975 Court Services .............$ 5,361,655

State Funds Pos.

$ 399,746

19

$ 804,244

18

$ 512,840

24

$ 1,516,975

82

$ 5,361,655 260

TUESDAY, FEBRUARY 16, 1982

727

Runaway Investigations .....$ Interstate Compact .........$ Undistributed .............$ Total. ....................$

307,755 62,455 --0--
8,965,670

$ 307,755

15

$ 62,455

3

$

--0--

0

$ 8,965,670 421

15. Regular Operating Expense Reserve Budget:
Regular Operating Expense ...............$ Total Funds ...........................$ State Funds............................$

--0-- --0-- --0--

Budget Unit Object Classes:

Personal Services .......................$ 208,377,464

Regular Operating Expenses ..............$ 26,036,645

Travel. ...............................$ 601,056

Motor Vehicle Equipment Purchases .......$ 496,210

Publications and Printing. ................$

106,615

Equipment Purchases ...................$ 1,368,765

Computer Charges. .....................$ 1,655,000

Real Estate Rentals. .....................$ 369,910

Telecommunications ....................$ 1,995,495

Per Diem, Fees and Contracts .............$ 2,318,190

Utilities ..............................$ 11,725,380

Postage. ..............................$ 176,365

Capital Outlay .........................$ 4,100,930

Authority Lease Rentals. .................$ 4,805,000

Grants to County-Owned

Detention Centers. ....................$ 1,844,220

Reserve for Gwinnett

County RYDC. .......................$

-0-

Drug Abuse Contracts ...................$ 899,058

Day Care Centers for the

Mentally Retarded ....................$ 41,624,640

MR Day Care Center Motor

Vehicle Purchases. ....................$ 521,625

Developmental Disability

Services Chiefs .......................$ 747,002

Group Homes for the

Mentally Retarded ....................$ 3,490,039

Supportive Living Staff ..................$ 1,113,903

Supportive Living Benefits ...............$ 1,783,610

Georgia State Foster

Grandparent/Senior

Companion Program ..................$ 514,000

Community Residential

Services Staff. ........................$ 1,588,771

Community Residential Services. ..........$ 2,606,734

Community Mental Health

Center Services .......................$ 53,325,771

Project Rescue .........................$ 249,412

Project ARC ...........................$

155,000

Project Friendship ......................$ 209,000

Group Homes for

Autistic Children .....................$ 218,332

728

JOURNAL OF THE SENATE

Uniform Alcoholism Projects .............$ Child Care Benefits .....................$ Total Positions Budgeted--
July 1, 1981 Total Positions Budgeted--
June 30, 1982 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 serviqe or to provide small group living situations or semi- independent living situations for clients; and further 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 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 homeproviders 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.

2,291,132 15,000
13,266
13,252 1,541

TUESDAY, FEBRUARY 16, 1982

729

Provided, that of the above appropriation relating to Uniform Alcoholism Projects, $250,000 is desig nated and committed for projects at Waycross ($200,000) and Dalton ($50,000).
Provided, however, it is the intent of this General Assembly that no additional Youth Services group homes or community treatment centers be started with Federal Funds without prior approval by the General Assembly of Georgia.
Provided, further it is the intent of this General Assembly that the Office of Planning and Budget is authorized and directed to amend an additional $100,000 in agency income, if realized, above the amount contemplated in this bill for the purpose of contracting for a comprehensive study of the State Forensic Services needs including physical plant con siderations.

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

9,074,487
540,182 10,900 42,200 --0-- 8,000 710 14,300 --0-- --0-- 1,000
617,292 617,292
23
311,708 5,000 2,000 --0--
48,850 --0-- 3,600 --0-- --0--
18,100 389,258 389,258
14

730

JOURNAL OF THE SENATE

3. Tourism -- Promotional Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Historic Chattahoochee
Commission Contract ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
4. Tourist -- Welcome Centers Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Local Welcome Centers ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
5. Internal Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Georgia Ports Authority --
Authority Lease Rentals ................$ Georgia Ports Authority --
General Obligation Bond Payments ...........................$ Atlanta Council for International Visitors ..................$

632,241 68,500 62,000 --0--
258,100 4,800 22,900 --0-- --0--
189,650
40,000 1,278,191 1,179,191
30
1,329,955 358,700 34,830 --0-- 14,000 9,925 --0-- --0-- 10,000 4,450 --0-- 95,000
1,856,860 1,772,935
99
589,753 228,950
15,000 10,400 40,000
1,200 7,288 200,000 110,045 16,000 160,000
2,597,500
700,000
25,000

TUESDAY, FEBRUARY 16, 1982

731

Waterway Development in Georgia ........$ Georgia Music Week Promotion ...........$ Georgia World Congress Center
Operating Expenses ...................$ Georgia World Congress Center
Marketing Program ...................$ International Council of
Georgia, Inc .........................$ Georgia Semiquincentenary
Commission .........................$ 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 .........................$ Local Welcome Center Contracts ..........$ Advertising ...........................$ Georgia Ports Authority --
Authority Lease Rentals ................$

25,000 10,000
--0--
--0--
16,000
20,000 4,772,136 3,263,636
25
500,800 51,200 76,750 --0-- 23,000 2,845 21,000 42,900 22,660 83,020
824,175 824,175
15
1,028,000 1,028,000 1,028,000
0
3,904,639 723,250 232,780 10,400 391,950 19,480 69,088 242,900 142,705 312,220 160,000 --0-- 95,000
1,028,000
2,597,500

732

JOURNAL OF THE SENATE

Georgia Ports Authority -- General Obligation Bond Payments ...........................$
Historic Chattahoochee Commission Contract ..................$
Atlanta Council for International Visitors ..................$
Waterway Development in Georgia ........$ Georgia Music Week Promotion ...........$ Georgia World Congress Center
Operating Expenses ...................$
Georgia World Congress Center Marketing Program ...................$
International Council of Georgia, Inc .........................$
Georgia Semiquincentenary Commission .........................$
Total Positions Budgeted Authorized Motor Vehicles

700,000
40,000
25,000 25,000 10,000
--0--
--0--
16,000
20,000 206 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

2,686,912 945,147 22,200 --0-- 18,000 30,000 600 --0-- 43,200 874,813
--0-- 4,620,872
--0-- 120

2. Georgia Ports Authority Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases,
Equipment Purchases and Capital Outlay ....................$ Publications and Printing. ................$ Real Estate Rentals. .....................$ Telecommunications ....................$

20,472,698 6,726,691 371,972
10,728,026 92,400 84,960
258,940

TUESDAY, FEBRUARY 16, 1982

733

Repayments for State General Obligation Bonds and Authority Lease Rental Obligations ...............$
Computer Charges. .....................$ Per Diem, Fees and Contracts .............$ Other Debt-Service Payments .............$ Capital Reinvestment ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,679,184 390,720
1,035,540 595,000 --0--
42,436,131 --0-- 750

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

23,159,610 7,671,838 394,172 --0-- 110,400 30,000 391,320 84,960 302,140 1,910,353
10,728,026
1,679,184 595,000 --0--
--0-- 870 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.

734

JOURNAL OF THE SENATE

It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority utilize existing surplus funds for payments to bond
trustees for unmatured issues.

Section 28. Department of Labor.

A. Budget Unit: Inspection Division ..........$ 796,264

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

627,974 28,925 119,024
--0-- 5,000
500 --0-- 7,591 6,500
750 796,264 796,264
29
627,974 28,925 119,024
--0-- 5,000
500 --0-- 7,591 6,500
750 29

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training ..............$

2,742,580

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

34,792,741 2,615,738 1,101,861
11,000 21,000 1,015,000 817,500 1,398,131 1,180,000

TUESDAY, FEBRUARY 16, 1982

735

Per Diem, Fees and Contracts .............$ W.I.N. Grants .........................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,528,830 600,000 -0-
45,081,801 1,156,165 1,709

2. Comprehensive Employment and Training Act (CETA) Budget:

Personal Services. ......................$ 12,880,185

Regular Operating Expenses ..............$ 2,166,270

Travel. ....,..........................$ 350,000

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$

15,000

Equipment Purchases ...................$ 250,000

Computer Charges ......................$ 300,000

Real Estate Rentals. .....................$ 595,115

Telecommunications ....................$ 325,000

Per Diem, Fees and Contracts (CETA) .......$ 1,100,000

CETA Direct Benefits. ...................$ 100,000,000

Total Funds Budgeted ...................$ 117,981,570

State Funds Budgeted ...................$

--0--

Total Positions Budgeted

603

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

1,370,658 75,511 46,666 --0-- 100 1,000 2,600 51,280 20,600 18,000
1,586,415 1,586,415
62

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts (CETA) .......$ Per Diem, Fees and Contracts .............$ W.I.N. Grants .........................$

49,043,584 4,857,519 1,498,527 11,000 36,100 1,266,000 1,120,100 2,044,526 1,525,600 1,100,000 1,546,830 600,000

736

JOURNAL OF THE SENATE

CETA Direct Benefits. ...................$ 100,000,000

Capital Outlay .........................$

-0-

Total Positions Budgeted

2,374

Authorized Motor Vehicles

6

Section 29. Department of Law.

Budget Unit: Department of Law. ...........$ 4,082,638

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

3,547,157 192,006 105,000 7,500 32,000 15,275 14,420 53,000 293,480 81,000 42,000
--0-- 4,382,838 4,082,638
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

3,547,157 192,006 105,000 7,500 32,000 15,275 14,420 293,480 81,000 42,000 53,000 --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

TUESDAY, FEBRUARY 16, 1982

737

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 ..............$ 185,031,809

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

1,295,367 41,167 58,504 --0-- 10,270 6,360 --0-- 59,068 48,645 22,360 900 16,492 --0--
1,559,133 742,428 65

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

986,268 79,553 11,021 --0-- 18,000 1,500 31,820 77,422 22,558
282,400 202,464
15,456 599,700 2,328,162 868,014
46

3. Program Management Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

1,857,304 89,674 49,749

738

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. ............................. .S
Utilities ..............................$ Contract with Georgia Medical
Care Foundation ......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 36,204 10,560 16,776 96,134 65,665 6,095,524
--0-- 19,406
694,358 9,031,354 1,376,879
116

4. Operations Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ RealEstate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Utilities ..............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,774,766 179,542 4,698 --0-- 114,425 2,404
7,587,300 95,611 77,992 52,000
667,888 27,246 10,583,872 1,000,000 7,885,744 1,698,128
114

5. Benefits Payments Budget:

Medicaid Benefits ......................$ 560,557,800

Medicaid Benefits for

Fiscal Year 1981 Services ...............$ 9,000,000

Payments to Counties

for Mental Health .....................$ 10,150,000

Total Funds Budgeted ...................$ 579,707,800

State Funds Budgeted ...................$ 180,346,360

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

5,913,705 389,936 123,972 --0-- 178,899 20,824
7,635,896 328,235

TUESDAY, FEBRUARY 16, 1982

739

Telecommunications ....................$ 214,860

Per Diem, Fees and Contracts .............$ 6,452,284

Postage. ..............................$ 871,252

Utilities ..............................$

78,600

Medicaid Benefits ......................$ 560,557,800

Medicaid Benefits for

Fiscal Year 1981 Services ...............$ 9,000,000

Payments to Counties for

Mental Health. .......................$ 10,150,000

Audits Contracts .......................$ 599,700

Contract with Georgia

Medical Care Foundation ...............$ 694,358

Total Positions Budgeted

341

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.
Provided, further, that the Department is autho rized to procure additional or new office facilities.
Section 31. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments .......$
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

4,477,084
815,249 17,160 10,273 --0-- 52,500 1,810
435,531 785
14,300 1,500
90,300 1,439,408 1,424,244
41

740

JOURNAL OF THE SENATE

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

453,108 5,450 2,466 --0-- 7,000 200
166,743 --0-- 5,500 1,000 2,800
644,347 635,949
20
292,965 12,701 1,027 --0-- 500 36,148
216,895 --0-- 4,100 --0-- 1,000
565,336 560,010
14
546,564 23,680 22,767
--0-- 26,000
2,686 16,544
--0-- 8,925 109,308 4,400 760,874 753,114
26

TUESDAY, FEBRUARY 16, 1982

741

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

434,048 10,770 3,595 --0-- 6,800 1,900
417,939 24,210 35,975
4,006,996 30,300
4,972,533
--0--
4,972,533 24

6. Health Insurance Claims Budget:

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

--0--

Regular Operating Expenses ..............$

--0--

Travel. ...............................$

--0--

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$

--0--

Equipment Purchases ...................$

--0--

Computer Charges ......................$

--0--

Real Estate Rentals. .....................$

--0--

Telecommunications ....................$

--0--

Per Diem, Fees and Contracts .............$ 3.243,551

Postage...............................$

--0--

Health Insurance Claims .................$ 113,620,000

Total Funds Budgeted ...................$ 116,863,551

Other Health Insurance Agency Funds ......$

--0--

Employer and Employee Contributions .....$ 116,863,551

Total Positions Budgeted

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

660,288 13,840 5,124 --0-- 8,000 1,300 53,611 --011,500 8,510 3,260
335,400

742

JOURNAL OF THE SENATE

Total Funds Budgeted ...................$ Agency Assessments ....................$ Employer and Employee Contributions .....$ Deferred Compensation .................$ Total Positions Budgeted

1,100,833 596,890 124,000 20,925 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

278,634 9,718 9,200 --0-- 14,000 950 --0--
178,951 4,700 50,000 3,300
549,453
506,877 8

Budget Unit Object Classes:

Personal Services .......................$ 3,480,856

Regular Operating Expenses ..............$

93,319

Travel. ...............................$

54,452

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$ 114,800

Equipment Purchases ...................$

44,994

Computer Charges ......................$ 1,307,263

Real Estate Rentals. .....................$ 203,946

Telecommunications ....................$

85,000

Per Diem, Fees and Contracts .............$ 7,420,865

Postage. ..............................$ 135,440

Federal Sub-grants to

State and Local Agencies ...............$ 335,400

Health Insurance Claim Payments .........$ 113,620,000

Total Positions Budgeted

166

Authorized Motor Vehicles

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.

Provided, however, that the Department is autho
rized to use funds, appropriated above for Personnel Services, to upgrade positions in the Classification and Compensation, Applicant Services, Employee Training and Development, and Health Insurance Administra tion Divisions.

TUESDAY, FEBRUARY 16, 1982

743

Section 32. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources. $ 50,558,064

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

1,875,195 179,503 21,220 --0-- 192,225 13,550 163,617 150,172 67,347 72,195 95,117 75,000
2,905,141
55,000 2,850,141
83

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 ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

10,949,175 3,200,957
94,578 833,365 106,170 735,745
67,142 41,317 210,114 83,919 60,157
13,000
1,006,970 125,000 --0--
339,000 17,866,609 15,079,354
482

744

JOURNAL OF THE SENATE

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 ..............$ Capital Outlay -- User Fee
Enhancements .......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

8,045,850 3,490,742
100,323 170,482 113,818 202,622 10,000 107,742 228,439 222,490 63,906 3,875,924 2,050,422 300,000 750,000 1,526,000 6,000,000 415,000
-0186,000 50,000
1,054,000 28,963,760 15,402,595
394

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

8,508,849 653,815 288,298 21,785 72,500 52,065 142,000 419,222 161,102 691,221 92,137
1,500,000 6,000,000
227,670
125,000 18,955,664 15,689,134
345

TUESDAY, FEBRUARY 16, 1982

745

5. 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 .....................$ Capital Outlay -- Buoy
Maintenance .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
6. 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
7. 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
8. Stone Mountain Memorial Association Budget:
Payments to Stone Mountain Memorial Association. .................$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

738,087 224,850
19,574 14,100 27,240 47,731 13,560
--0-- 23,201
6,350 15,405
--0--
3,770
9,750 1,143,618 1,008,583
29
405,574
122,683 528,257 528,257
0
--0--
--0-- --0-- --0--
0
--0-- --0-- --0--
0

746

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. .....................I 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. ..........$ Grants to Local Governments .............$ Georgia Sports Hall of Fame ..............$ Capital Outlay--Heritage Trust--Wildlife Management Area Land Acquisition .................$ Payments to Stone Mountain Memorial Association. .................$ Capital Outlay -- User Fee Enhancements .......................$ Capital Outlay -- Buoy Maintenance. ........................$ Total Positions Budgeted Authorized Motor Vehicles

30,117,156 7,749,867
523,993 1,039,732
511,953 1,051,713
396,319 718,453 690,203 1,076,175 326,722 6,000,000 415,000
--0-- 6,000,000 1,500,000
227,670
125,000 13,000 4,000,924
3,061,162 300,000 75,000
1,526,000 750,000
405,574
122,683
--0--
--0-- 186,000
--0-- 50,000
339,000
--0--
1,054,000
9,750 1,333 1,015

TUESDAY, FEBRUARY 16, 1982

747

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 to counties and municipalities for emergency type projects, and that $5,000,000 is designated and committed for grants to local govern ments for water and sewer projects utilizing a max imum State match of 50% of the total cost of each proj ect. Provided, further that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
Provided that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided further, it is the intent of this General Assembly that a two paygrade increase (step-for-step adjustment -- 10%) be authorized for the following classes: Wildlife Biologist; Wildlife Biologist, Senior; Wildlife Program Regional Supervisor; Wildlife Program, Assistant State Supervisor; Wildlife Program, State Supervisor; Conservation Major; Assistant Chief of Law Enforcement (DNR); Chief of Law Enforcement (DNR).
B. Budget Unit: Authorities ..........................$
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 ...............$

--0--
1,514,473 538,099 5,680 --0-- 40,300 61,100 --0-- --0-- 34,895 24,000 245,366 --0--

748

JOURNAL OF THE SENATE

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.................I Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Mortgage Payments .....................$ Capital Outlay and
Transportation Systems ................$ Promotion Expenses ....................$ Payments to the Department
of Natural Resources ..................$ 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 ...............$ Payments to the Department
of Natural Resources ..................$ Mortgage Payments .....................$ Capital Outlay and
Transportation Systems ................$ 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.

--0-- 2,463,913
--0-- 63
2,206,609 1,551,810
16,345 139,000 26,086 68,500
9,091 --0-- 30,177 61,894 --0--
38,150 --0--
30,000 4,177,662
--0-- 155
3,721,082 2,089,909
22,025 139,000 66,386 129,600
9,091 --0-- 65,072 85,894 245,366 --0-- --0--
30,000 --0--
38,150 218 91

TUESDAY, FEBRUARY 16, 1982

749

Section 33. Department of Offender Rehabilitation.

A. Budget Unit: Department of Offender Rehabilitation ........................$ 119,767,003

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

3,067,130 229,630 57,465 --0-- --0--
14,200 554,288 225,000 147,068 456,483
--0-- 4,751,264 4,751,264
141

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

1,203,247 114,088 650 --0-- --0-- 10,000 --0-- --0--
16,750 --0--
93,200 1,437,935 1,437,935
65

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

4,510,560 552,042 6,500 --0-- 1,500 74,739 --0-- 30 36,324 1,800 380,000

750

JOURNAL OF THE SENATE

Central Repair Fund ....................$ Capital Outlay .........................$ Health Service Purchases. ................$ 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 .............$ Central Repair Fund ....................$ Utilities ..............................$ Health Service Purchases. ................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
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 ....................$

30,000 60,000 14,691 5,668,186 5,668,186
296
1,233,153 71,090 2,300 --0-- --0-- 6,500 --0-- --0-- 3,900 --0-- -0-
1,316,943 1,072,743
51
4,371,696 610,888 2,200 --0-- --0-- 41,217 --0-- --0-- 35,300 3,300 40,647 432,200 11,753
5,549,201 5,549,201
276
9,489,893 756,402 7,250 --0-- --0-- 94,370 --0-- --0-- 58,700

TUESDAY, FEBRUARY 16, 1982

751

Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

53,200 975,000
--011,434,815 11,402,815
670

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

3,622,988 383,438 5,300 --0-- --0-- 35,375 --0-- --0-- 40,000 10,230 275,000
4,372,331 4,210,011
212

8. Lee Correctional Institution Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Pub Jcations 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

1,794,654 158,122 2,000 --0-- --0-- 10,000 --0-- --0-- 19,400 --0-- 175,000
2,159,176 2,159,176
117

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

1,078,398 129,324 1,200 --0-- --0-- 1,950 --0-- --0-- 12,000 2,600 105,000 --0--
1,330,472 1,330,472
59

752

JOURNAL OF THE SENATE

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

1,050,383 156,431 2,000 -- 0-- --0-- 6,000 --0-- --0-- 16,700 --0-- 104,000
1,335,514 1,335,514
62
1,756,969 94,724 --0-- --0-- -- 0-- --0-- --0-- --0-- --0-- --0-- --0--
1,851,693 1,851,693
108
2,395,878 199,819 1,500 --0-- --0-- 9,265 --0-- --0-- 12,000 --0-- 209,000
2,827,462 2,827,462
140

TUESDAY, FEBRUARY 16, 1982

753

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

3,911,470 483,157 4,200 --0-- --0-- 39,836 --0-- 3,960 72,642 --0-- 189,000
373,065 5,077,330 5,077,330
239
2,123,702 192,088 2,000 --0-- --0-- 1,500 --0-- --0-- 13,000 --0-- 180,000
2,512,290 2,512,290
135
1,573,739 88,723 --0-- --0----0-- --0-- --0-- --0-- --0-- --0-- --0--
--0--

754

JOURNAL OF THE SENATE

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 .............$ Health Service Purchases. ................$ Utilities ..............................$ Central Repair Fund ....................$ 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 .............$ Health Service Purchases. ................$ Utilities ..............................$ Central Repair Fund ....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
18. Adult Facilities and Programs Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$

1,662,462 1,662,462
97
2,332,981 313,960 3,000 --0-- --0-- 33,795 --0-- 8,424 14,000 --0-- 35,259 195,000 112,300
3,048,719 3,048,719
179
2,322,642 307,393 6,846 --0-- 1,650 104,450 --0-- 4,800 14,000 --0-- 44,597 195,000 27,300
3,028,678 2,958,678
182
2,422,650 146,250 52,735 95,000 --0-- 54,174 --0-- 2,100 21,135

TUESDAY, FEBRUARY 16, 1982

755

Per Diem, Fees and Contracts .............$ Utilities .......... .....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

71,200 --0--
2,865,244 2,865,244
123

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. .................$ Minimum Security Facilities
Renovation ..........................$ Court Costs ...........................$ Inmate Release Funds ...................$ County Subsidy ........................$ County Subsidy for Jails. .................$ Central Repair Fund ....................$ County Subsidy -- Hall
County Expansion ....................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

100,796 1,233,042
53,706 269,000 139,000
22,175 --0-- --0--
139,809 --0--
600,000 840,000
500,000 490,000 626,000 4,653,750 912,500 550,000
80,500 4,990,000 16,200,478 16,035,478
3

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

625,998 162,858 137,209
--0-- 660
12,360 --0--
33,000 12,000
--0-- 21,900 1,005,985 1,005,985
32

756

JOURNAL OF THE SENATE

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 .......$ 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

400,000 10,577 --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
410,577 --0-- 26
2,252,468 3,705,951
4,200 --0-- --0-- 154,000 --0-- --0-- 8,000 50,000 --0-- --0--
1,398,600
40,600 7,614,419 7,201,656
154
579,885 2,932,884
--0-- --0-- --0-- 46,265 --0-- --0-- --0-- 27,800 --0-- --0-- 3,586,834 3,556,834
33

TUESDAY, FEBRUARY 16, 1982

757

24. Dodge 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
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
26. Augusta Correctional and Medical 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 .............$ Capital Outlay .........................$ Utilities ..............................$ Health Service Purchases. ................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

56,500 383,285
5,700 85,000
--0-- 669,515
--0-- --0-- 10,000 --0-- 180,000 1,390,000 1,390,000
52
2,010,383 187,953 7,000 --0-- --0-- 12,000 --0-- 359,920 30,200 5,832 206,000 --0--
2,819,288 2,819,288
119
142,788 448,303
4,062 116,000
--0-- 891,696
--0-- --0-- 30,000 --0-- 217,000 50,000 100,151 2,000,000 2,000,000
72

758

JOURNAL OF THE SENATE

27. Health Care Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel..... ...........................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Health Service Purchases. ................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,736,680 653,064 -0--0-- --0-- 108,825 --0-- --0-- --0-- 34,768
--0-- 5,744,048 9,277,385 9,277,385
145

28. Probation Operations Budget:

Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. ...................... Real Estate Rentals. .....................$ Telecommunicaitons ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

10,845,716 317,906 235,000 --0-- --0-- 30,000 --0-- 213,000 165,000 8,000 5,000
11,819,622 11,819,622
587

29. 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

2,607,894 194,994 16,700 --0-- --0-- 14,400 --0-- 248,272 39,300 14,000 154,000
3,289,560 2,939,560
157

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

72,621,241 15,218,386
620,723

TUESDAY, FEBRUARY 16, 1982

759

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 ...................$ Minimum Security Facilities
Renovation ..........................$ Court Costs ...........................$ Inmate Release Funds ...................$ County Subsidy ........................$ County Subsidy -- Hall
County Expansion ....................$ County Subsidy for Jails. .................$ Health Service Purchases. ................$ Central Repair Fund ....................$ Authority Lease Rentals. .................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles
It is the intent of this General Assembly that, with respect to the Legal Services Program for inmates, lawyers, law students and/or employees be prohibited from soliciting for filing of writs.
It is the intent of this General Assembly that the department not start any new community center pro grams with Federal funds without the prior approval of the General Assembly of Georgia.
It is the intent of this General Assembly that funds appropriated for county subsidy may be used to either supplement or supplant county funds, at the option of each county.
B. Budget Unit: Board of Pardons and Paroles .............................$
Board of Pardons and Paroles Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$

565,000 142,810 2,499,207 554,288 1,098,506 967,228 739,213 4,724,300 1,398,600
413,665
500,000 490,000 626,200 4,653,750
80,500 912,500 5,950,499 760,247 840,000 5,267,000
4,532 488
5,220,161
4,585,526 102,029 215,821 --0-- 12,500 23,250 5,000 121,542

760

JOURNAL OF THE SENATE

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

106,293 11,000 37,200 5,220,161 5,220,161
237
4,585,526 102,029 215,821 --0-- 12,500 23,250 5,000 121,542 106,293 11,000 37,200 237 2
--0--
1,406,407 511,000 33,000 86,000 2,000 90,000 1,800 22,500 38,000 100,000
5,320,000 84,000 --0--
7,694,707 --0-- 66
1,406,407 511,000 33,000 86,000 2,000 90,000 1,800 22,500 38,000

TUESDAY, FEBRUARY 16, 1982

761

Per Diem, Fees and Contracts ..,..........$ Cost of Sales ...........................$ Repayment of Prior Year's Appropriations ... $ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

100,000 5,320,000
84,000 --0-- 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

46,590,504
378,749 24,720 17,850 --0-- 5,500 15,550 10,780 30,071 15,000 50,000 4,500
552,720 125,680
14

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

3,530,466 1,527,183
101,787 9,500
173,141 140,515 33,517
--0-- 163,950
83,440 33,300 5,796,799
--0-- 5,565,931
180

3. Driver Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$

4,998,940 166,544 4,200 --0-- 796,100 62,560
1,417,522 6,198

762

JOURNAL OF THE SENATE

Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Conviction Reports .....................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

73,793 4,500 563,215 180,000 --0-- 8,273,572 1,095,000 7,178,572
308

4. 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 ...................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

23,205,684 3,800,467 18,400 2,080,000 214,800 --0-- 517,777 1,896 551,100 7,900 34,800 --0--
30,432,824 405,000
30,027,824 969

5. Georgia Peace Officer 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
6. Police Academy:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

611,236 1,623,316
26,200 6,500 19,706 3,250
45,738 39,250 19,600 30,291 4,300 2,429,387 2,338,020
25
423,869 119,680
6,300 --0-- 13,200 2,868

TUESDAY, FEBRUARY 16, 1982
Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
7. Fire Academy:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
8. Georgia Firefighter Standards and Training Council Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
9. 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 ....................$

763
150 --0-- 9,125 116,960 2,480 694,632 671,533
16
262,647 40,030 11,000 --0-- 2,800 3,400 --0-- 15,182 8,500 86,655 4,000
434,214 400,559
12
106,825 8,830 8,700 --0-- 2,063 2,000 --0-- 3,000 3,000 2,500 900
137,818 137,818
4
103,694 15,962 10,000 --0-- 1,700 --0-- --0-- --0-- 2,250

764

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

18,840 1,000
153,446 94,696
3

10. 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. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

51,736 1,000
13,660 --0-- --0-- 7,000 --0-- --0-- 1,000
26,099 --0--
100,495 49,871
2 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 ...............$

33,673,846 7,327,732 218,097 2,096,000 1,229,010 237,143 2,025,484 95,597 847,318 427,185 648,495 180,000 --0-- 1,533 1,048

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.

TUESDAY, FEBRUARY 16, 1982

765

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 No vember 1 of each year. Provided, further, the Depart ment of Administrative Services is hereby instructed to complete said specifications and place to bid for the let ting of contracts by December 1 of such fiscal year.

Section 35. Public School Employees' Retirement System.

Budget Unit: Public School Employees' Retirement System ....................$ 11,374,727

Departmental Operations Budget:
Payments to Employees' Retirement System ....................$
Employer Contributions .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

156,627 11,218,100 11,374,727 11,374,727

Budget Unit Object Classes:
Payments to Employees' Retirement System ....................$
Employer Contributions .................$

156,627 11,218,100

Section 36. Public Service Commission.

Budget Unit: Public Service Commission .........................$ 3,507,943

1. Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...... .........................$

700,664 16,824 8,500

766

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
2. Transportation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Utilities Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel.. ..............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases .................. . $ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Positions Budgeted Authorized Motor Vehicles

-- 0-- 1,150 4,875 --0-- 64,275 24,445 6,000 826,733 825,233
23
957,712 126,660 33,479
--0-- 8,500 2,625 --0-- 55,221 19,500 14,775 1,218,472 1,218,472
47
1,199,944 52,260 72,731 6,250 2,111 2,450 15,924 42,005 32,700 114,014
1,540,389 1,464,238
53
2,858,320 195,744 144,710 6,250 11,761 9,950 15,924 161,501 76,645 134,789 123 26

TUESDAY, FEBRUARY 16, 1982

767

Section 37. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions .......$ 514,553,564

1. Resident Instruction Budget:

Personal Services:

Educ.,Gen.,andDept. Svcs. ............$ 383,109,662

Sponsored Operations .................$ 55,925,817

Operating Expenses:

Educ., Gen., and Dept. Svcs. ............$ 99,429,271

Sponsored Operations .................$ 43,878,947

Office of Minority

Business Enterprise ...................$

183,763

Special Desegregation Programs ...........$ 250,000

Satellite Medical Facility

Program ............................$ 500,000

Teachers' Retirement. ...................$ 45,213,478

Authority Lease Rentals. .................$ 20,877,000

Capital Outlay .........................$ 20,304,005

Total Funds Budgeted ...................$ 669,671,943

Less Agency Funds:

Departmental Income ...................$ 13,729,954

Sponsored Income ......................$ 105,867,042

Other Funds. ..........................$ 101,414,107

Auxiliary Income .......................$ 5,121,983

Indirect Communication Charges ..........$ 3,027,300

State Funds Budgeted ...................$ 440,511,557

Total Positions Budgeted

16,481

Provided, that from appropriated funds in A, the amount of $20,877,000 in F.Y. 1982 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.

768

JOURNAL OF THE SENATE

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.
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, $3,000,000 is specifically appropriated for renovations and improvements of physical plant facilities.
Provided, further, it is the intent of this General Assembly that the 1 Vz % Personal Services continua tion factor incorporated into the Resident Instruction appropriation in this Appropriations Act be utilized to provide 2 2 % merit-type increases.

2. Marine Resources Extension Center Budget:
Personal Services: Educ., Gen., and Dept. Svcs. ............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$ Sponsored Operations .................$
Total Funds Budgeted ...................$

538,476 --0--
273,020 9,623
821,119

TUESDAY, FEBRUARY 16, 1982

769

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 9,623 117,869 9,800 683,827
26

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

707,943 672,800
519,300 869,200 2,769,243

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 1,542,000
316,381 --0--
910,862 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 ...................$

332,009 196,000
176,200 154,000 858,209

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 350,000
10,516 --0--
497,693 20

5. Engineering Experiment Station Budget:
Personal Services: Education, General and Departmental Services ...............$ Sponsored Operations .................$

8,191,149 19,736,235

770

JOURNAL OF THE SENATE

Operating Expenses: Education, General and Departmental Services ...............$ Sponsored Operations .................$
Agricultural Research ...................$ Total Funds Budgeted ...................$

6,345,900 16,165,006
396,801 50,835,091

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 35,901,241
9,887,145 117,600
4,929,105 310

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

924,387 35,000
470,675 15,000
358,555 1,803,617

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 50,000 843,017 12,200 898,400
36

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

17,186,793 3,575,000
7,217,100 1,925,000
--0-- 29,903,893

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$

--0-- 5,500,000

TUESDAY, FEBRUARY 16, 1982

771

Other Funds...........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

6,180,600 95,900
18,127,393 848

8. Cooperative Extension Service Budget:
Personal Services: Education, General and Departmental Services ...............$ Sponsored Operations .................$
Operating Expenses: Education, General and Departmental Services ...............$ Sponsored Operations .................$
Total Funds Budgeted ...................$

19,681,551 4,590,000
2,971,900 2,010,000 29,253,451

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 6,600,000 4,875,500
126,700 17,651,251
951

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

38,200,582 2,377,513
16,893,220 611,238
2,500,000 60,582,553

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Board of Corrections ....................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

837,201 2,988,751 31,083,198 1,647,000
193,500 23,832,903
2,785

10. Veterinary Medicine Experiment Station Budget:
Personal Services: Education, General and Departmental Services ...............$ Sponsored Operations .................$

730,000 --0--

772

JOURNAL OF THE SENATE

Operating Expenses: Education, General and Departmental Services ...............$ Sponsored Operations .................$
Agricultural Research ...................$ Disease Research .......................$ Fire Ant Research ......................$ Total Funds Budgeted ...................$
Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted
11. Veterinary Medicine Teaching Hospital 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
12. 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

353,550 -- 0--
300,000 70,000 150,000
1,603,550
--0-- --0-- --0-- --0-- 1,603,550
30
658,697 --0--
742,668 --0--
1,401,365
--0-- --0-- 1,050,000 --0-- 351,365
60
106,426
118,360
1,880,000 1,785,000
225,000 135,000 4,249,786 4,249,786
4

TUESDAY, FEBRUARY 16, 1982

773

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.

13. 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

503,171 --0--
147,000 --0--
650,171
-- 0-- --0-- 344,299 --0-- 305,872
32

Budget Unit Object Classes:

Personal Services:

Education, General and

Departmental Services ...............$ 470,870,846

Sponsored Operations ................,$ 87,108,365

Operating Expenses:

Education, General and

Departmental Services ...............$ 135,658,164

Sponsored Operations .................$ 65,638,014

Office of Minority

Business Enterprise ...................$

183,763

Special Desegregation Programs ...........$ 250,000

Satellite Medical Facility

Program ............................$ 500,000

Fire Ant Research ......................$ 150,000

Agricultural Research ...................$ 696,801

Disease Research .......................$

70,000

Advanced Technology

Development Center ..................$ 358,555

Capitation Contracts for

Family Practice Residency ..............$ 1,880,000

New Program Development

Contracts for Family

Practice Residency ....................$ 225,000

Residency Capitation Grants ..............$ 1,785,000

Student Preceptorships ..................$

135,000

Teachers' Retirement. ...................$ 45,213,478

Authority Lease Rentals. .................$ 20,877,000

Capital Outlay -- ETMH Renovations .......$ 2,500,000

Capital Outlay .........................$ 20,304,005

Total Positions Budgeted

21,616

774

JOURNAL OF THE SENATE

Provided, that none of the funds appropriated for Fire Ant Research shall be expended unless matching
funds are provided by the U.S.D.A.

B. Budget Unit: Regents Central Office ........$
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 ......................$ Central Savannah River Area
Business League ......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

14,675,060
2,661,480 675,200
3,776,700 510,000 500,000 200,000
6,136,680
190,000
25,000 14,675,060 14,675,060
98

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 ......................$ Central Savannah River Area
Business League ......................$ Total Positions Budgeted Authorized Motor Vehicles

2,661,480 675,200
3,776,700 510,000 500,000 200,000
6,136,680
190,000
25,000 98 0

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $772 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.

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

33,311,339
966,530 573,000 126,396
16,753

TUESDAY, FEBRUARY 16, 1982

775

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
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

8,400 16,000 2,730 12,000
--0-- 20,800
5,000 100
1,747,709
--0-- 1,747,709
33
4,230,118 199,810 5,921 --0-- 257,100 36,543
2,003,697 --0--
83,700 --0--
2,000,000 357,500 --0--
9,174,389 1,050,000 8,124,389
256

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $2,000,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the pro duction of at least 1,960,000 motor vehicle tags, and for this purpose only.
Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided the ad vances made are for services to be rendered within the same fiscal year.
3. Property Tax Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$

1,179,417 57,958 72,396

776

JOURNAL OF THE SENATE

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

21,800 88,000
1,800 330,249
--0-- 20,500 206,500
--0--
1,430,000
--0-- 11,000 3,419,620
--0-- 250,000 3,169,620
62
1,385,053 17,030 3,201 --0-- 68,000 4,250
556,150 --0--
25,280 --0--
85,200 2,144,164
305,000 1,839,164
85
650,479 5,580 2,082 --0-- 52,000 1,850
240,591 --0--

TUESDAY, FEBRUARY 16, 1982

777

Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Total Funds Budgeted ...................$ Indirect DO AS 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 .............$

13,300 --0-- --0--
965,882 100,000 865,882
37
2,360,518 40,890 3,147 --0-- 325,000 10,250
2,056,494 --0--
39,450 --0--
251,800 5,087,549 1,500,000 3,587,549
126
2,361,352 11,376
419,350 --0-- 2,500 2,500
13,500 9,750 17,200 --0--
50 2,837,578 2,837,578
82
6,120,446 197,750 309,290 36,573 66,500 25,590 79,734 161,760 167,600 --0--

778

JOURNAL OF THE SENATE

Postage...............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

60,541 7,225,784
50,000 7,175,784
307

9. Internal Administration Budget:
Personal Service* .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ Indirect Georgia Building
Authority Rents ......................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,235,537 142,780 1,196 --0-- 300,000 132,050 65,642 814,679 13,780 --0--
1,258,000 3,963,664
--0-- 3,963,664
69

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

20,489,450
573,000 799,570 833,336 66,773 1,175,100 217,563 5,358,057 986,189 401,610 211,500
--0-- 1,430,000 2,000,000
357,500 --0--
1,666,691 1,057 60

Section 39. Secretary of State. A. Budget Unit: Secretary of State .............$ 12,263,100

TUESDAY, FEBRUARY 16, 1982

779

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

2,636,786 822,921 115,172 36,000 104,216 23,283 277,458 201,136 68,940 345,785
4,631,697 4,631,149
136

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. ......$ PestControl. ..............$ Pharmacy. ................$ Physical Therapy. ..........$ Podiatry. .................$ Polygraph Examiners .......$ Practical Nursing. ..........$ Private Detective. ..........$ Psychologists ..............$ Recreation ................$ Sanitarian. ................$

Board Costs
119,185 26,777
1,032 4,279 12,889 5,983 54,769 27,582 38,642 53,173 4,070 13,841 4,748 4,020 3,850 1,470
-0143,889
11,509 111,446
5,203 6,365 1,126 8,145 46,245 12,955 1,919
713 58,268
-0-- 19,428 3,366 4,256

Cost of

Operations

$ 219,987

$ 90,210

$

1,647

$ 28,435

$ 188,473

$ 36,343

$ 211,957

$ 631,368

$ 194,365

$ 272,000

$ 23,043

$ 116,839

$ 17,745

$ 27,818

$ 15,037

$ 15,641

$

-0--

$ 698,255

$ 28,763

$ 630,477

$ 26,788

$ 32,068

$

5,491

$ 72,764

$ 293,625

$ 31,087

$ 13,604

$ 12,755

$ 315,837

$ 193,836

$ 50,156

$ 17,603

$ 18,668

780

JOURNAL OF THE SENATE

Speech Pathology ..........$ Used Car Dealers. ..........$ Used Car Parts. ............$ Veterinary ................$ Wastewater ...............$
Well Water ...............$ Administration ............$ Investigative ..............$ Total. ....................$

4,969 10,451
--0-- 20,205
7,434
2,884 --0-- --0-- 857,086

$ 18,619

$ 175,141

$

6,857

$ 67,270

$ 51,214

$

9,439

$

--0--

$

--0--

$ 4,861,225

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

421,611 29,550
8,265 --0-- 3,500 1,120 17,366 17,290 9,878 2,000 510,580 505,070
19
496,923 20,894 2,982 --0-- 19,320 1,800 118,508 54,420 40,200 --0-- 38,300 793,347 793,347 31
405,894 33,175 23,714 --0-- 300 1,400 --0-- 5,782 5,000 2,500

TUESDAY, FEBRUARY 16, 1982

781

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 .............$ Capital Outlay .........................$ 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 .............$ Postage ...............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

477,765 477,765
15
1,848,535 198,783 41,251 8,000 18,015 46,750 15,000 28,707 39,426 6,266 --0--
1,276,000 3,526,733 3,376,699
93
546,088 48,612
2,257 --0-- 112,974 2,233 --0-- 6,085 13,156 1,860 733,265 729,538
29
784,673 47,953
4,624 --0-- 100,000 1,100 6,000 21,239 26,839 1,000 29,000 1,022,428 1,022,428
35

782

JOURNAL OF THE SENATE

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 ...............................$ Capital Outlay .........................$ Authority Lease Rentals. .................$ Total Positions Budgeted Authorized Motor Vehicles

73,571 9,955 3,230 --0-- 9,000 --0-- --0-- 9,492 3,600 5,637 114,485 114,485
3
177,881 20,955 2,259
--0-- 6,000 --0-- --0-- --0-- 4,524 1,000 400,000 612,619 612,619
8
7,391,962 1,232,798
203,754 44,000 373,325 77,686 434,332 344,151 211,563 366,048 400,000 67,300 --0--
1,276,000 369 70

TUESDAY, FEBRUARY 16, 1982
B. Budget Unit: Real Estate Commission .......$
Real Estate Commission Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

783
931,299
484,754 203,759
13,332 14,000 29,000 18,776 53,387 30,450 13,041 70,800 931,299 931,299
27

Real Estate Commission Functional Budget

State Funds Real Estate Commission .....$ 931,299

Cost of

Operations Pos.

$ 975,602

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

484,754 203,759
13,332 14,000 29,000 18,776 53,387 30,450 13,041 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. ................$

15,528,138
1,527,013 167,592 33,900 --0-- 50,000

784

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

509,495 89,545 129,400 50,200 95,000
2,652,145 --0-- 77

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees. .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

451,250 451,250 406,250
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 ...................$ Georgia Military Scholarship
Grants. .............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,785,250 10,500,000 3,568,800
134,000
22,000
23,510 17,033,560 15,121,888
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 ........................$ Georgia Military Scholarship
Grants ..............................$ Total Positions Budgeted Authorized Motor Vehicles

1,527,013 167,592 33,900 --0-- 50,000 509,495 89,545 129,400 50,200 95,000 451,250
2,785,250 10,500,000 3,568,800
22,000
134,000
23,510 77 1

TUESDAY, FEBRUARY 16, 1982

785

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 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 $140,000 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 $675 per academic year, and for payment of grants for the 1981 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.

786

JOURNAL OF THE SENATE

Provided, that the above appropriated amount rel ative to North Georgia College Military Scholarships provides for payment of scholarships to select reci pients as provided for in Article 9 of Code Chapter 32-37.

Provided, that the above appropriated amount rel ative 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 ...................$

796,994
367,383 37,500 39,000 --0-- 18,900 4,000 -- 0-- 15,300 9,200 141,200
632,483 632,483
12
120,521 12,550 9,790
--0-- 2,000
500

TUESDAY, FEBRUARY 16, 1982
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

787
4,000 4,350 2,800 8,000 164,511 164,511
5
487,904 50,050 48,790 --0-- 20,900 4,500 4,000 19,650 12,000 149,200 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. ................$

2,489,000
1,235,056 69,500 12,000 --0-- 26,000 5,000 368,428 72,196 38,000 115,000 60,000
1,497,000 992,000
4,490,180 2,489,000
61
1,235,056 69,500 12,000 --0-- 26,000

788

JOURNAL OF THE SENATE

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

5,000 368,428
72,196 38,000 115,000 60,000
1,497,000 992,000 61 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

401,864,316
68,838,559 4,023,131 1,373,885
--0-- 249,800
50,545 --0--
31,125 823,020 8,767,791 343,479,646 427,637,502 169,152,502
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

53,022,336 33,108,086
310,800 --0--
10,250 --0-- --0-- --0--
109,650 990,175 79,395,617 166,946,914 164,846,914
3,725

TUESDAY, FEBRUARY 16, 1982

789

3. Authorities Budget:

Authority Lease Rentals. .................$ State of Georgia General
Obligation Debt Sinking Fund ...........$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

24,805,619
3,724,517 28,530,136 28,530,136

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases .......$ Equipment Purchases ...................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

1,000,000 2,200,000
300,000 3,500,000 3,400,000

5. Assistance to Counties Budget:
Grants to Counties ......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

9,317,013 9,317,013 9,317,013

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

7,593,372 2,133,014
118,363 --0--
168,850 --0--
1,217,500 909,512 201,070 170,000
12,511,681 12,511,681
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.

790

JOURNAL OF THE SENATE

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.

TUESDAY, FEBRUARY 16, 1982

791

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 this General Assembly that the Department of Transportation is authorized to use interstate rehabilitation funds for four-laning and passing lanes.
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 .......................$ 312,629.00 Augusta Railroad Project .................$ 1,500,000.00 Capital Outlay--Paving State and Local Schools and State Institutions. ...........$ 750,000.00 Paving State Parks and Historic Sites. ........................$ 500,000.00 Capital Outlay -- Paving Farmers Markets. ............................$ 250,000.00 Maintenance and Betterments Capital Outlay -- Rehabilitation and Improvements -- Off System ............$ 3,633,754.06
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.

792

JOURNAL OF THE SENATE

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 ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
9. Inter-Modal Transfer Facilities Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Ejtate Rentals. .....................$

9,317,000 9,317,000 9,317,000
495,160 399,269
12,000 --0-- 200
11,000 --0-- 1 4,200 2,500 -0-
924,330 574,330
17
625,632 49,620 26,275
--0-- 24,000
800 --0-- --0--

TUESDAY, FEBRUARY 16, 1982

793

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

17,300 453,393
700,000
1,000,000
300,000 548,220 3,745,240 3,470,240
24

10. Harbor Maintenance Budget:
Harbor Maintenance Payments ............$ Capital Outlay--Land Acquisition. .........$ 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 ......$ Capital Outlay--Land Acquisition. .........$ Total Positions Budgeted Authorized Motor Vehicles

454,500 290,000 744,500 744,500
130,575,059 39,713,120
1,841,323 1,000,000
453,100 2,262,345 1,217,500
940,638 1,155,240 10,383,859 423,175,263
548,220 9,317,000
454,500 9,317,013 24,805,619
700,000
3,724,517
1,000,000 300,000 290,000 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.

794

JOURNAL OF THE SENATE

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 $744,500 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.

Provided further, it is the intent of this General Assembly that the following class may be reassigned at the discretion of the Department of Transportation as shown:

Class Name Transportation Engineer Associate

New Paygrade 31 @3or4

Section 44. Department of Veterans Services.

Budget Unit: Department of Veterans Service .............................$ 10,738,865

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

2,957,836 95,086 83,600 --0-- 19,000 26,860 100 130,876 61,575 6,000 27,800

TUESDAY, FEBRUARY 16, 1982

795

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 ...............,...............$ 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 ..............................$

3,408,733 3,128,899
157 1
--0-- 52,000
63,700
6,791,112 6,906,812 5,469,442
-- 05,250
--0--
2,916,994 2,922,244 2,140,524
2,957,836 95,086 83,600 --0-- 19,000 84,110 100 130,876 61,575 6,000 --0-- 27,800
6,791,112
2,916,994
63,700 157 1
3,886,859

796

JOURNAL OF THE SENATE

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

2,897,230 111,579 40,465 --0-- 38,000 4,200 86,520 219,448 80,000 46,319 53,000
3,576,761 3,562,261
127

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

270,447 6,147 9,400 --0-- 3,000 --0-- 525
21,779 5,000 5,300 3,000
324,598 324,598
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

3,167,677 117,726 49,865 --0-- 41,000 4,200 87,045 241,227 85,000 51,619 56,000 139 1

Section 46. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund ...............................$

55,161,536

TUESDAY, FEBRUARY 16, 1982
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $9,130,000 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 $83,000,000 in principal amount of General Obligation Debt.
Section 47. Energy Conservation. Budget Unit: Energy Conservation
Program ...............................$ Total Funds Budgeted ................$ State Funds Budgeted ................$
Section 48. In addition to all other appropriations for the fiscal year ending June 30, 1982, there is hereby appropriated $2,425,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby ap propriated $5,503,400 for the purpose of providing operating funds for the State physical health laboratories ($175,000 -- Budget Unit 'A') and for State mental health/mental retardation institutions ($5,328,400 -- 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.
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 1982 and thereafter.
Section 50. 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 General Assembly that each State agency utilizing xerographic reproducing equipment maintain a log for each unit of equipment indicating the date, number of copies and

797
958,143 1,794,829
958,143

798

JOURNAL OF THE SENATE

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 51. 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
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 52. 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 53. 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.

TUESDAY, FEBRUARY 16, 1982

799

Section 54. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.
Section 55. 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 56. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any 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, 1981, 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 57. 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 1981 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an ap propriation of State funds, nor which would require

800

JOURNAL OF THE SENATE

operating funds or capital outlay funds beyond fiscal year 1982, and provided, further, that no funds what soever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source deriv ed. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institu tion or other agency of this State are in violation of this Section or in violation of any amendments properly ap proved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recom mendation by the Governor of expenditures as to ob jects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 58. Wherever in this Act the term 'Budget Unit Object Classes' is used, it shall mean that the ob ject classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1982 submitted to the General Assembly at the 1981 regular session.
Section 59. 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 60. 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

TUESDAY, FEBRUARY 16, 1982

801

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 61. TOTAL APPROPRIATIONS F.Y. 1982 ..........................$ 3,498,310,448
Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 63. 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 repealed.

Senator Evans of the 37th offered the following amendment:
Amend the substitute to HB 1235 offered by the Senate Committee on Appropriations by adding to the State funds budgeted for the Medicaid Services Budget Unit on Page 130, line 26 in Section 30 the figure $3,000,000. And by increasing the object classes for the Benefit Payments Activity as listed below:
Page 132, line 32, Medicaid Benefits $9,000,000; Page 133, line 5, and Page 133, line 22, Total Funds Budgeted $9,000,000; Page 133, line 6, State Funds Budgeted $3,000,000; and by removing from the State funds budgeted for the Medicaid Services Budget Unit on Page 130, line 26 in Section 30 the figure $3,000,000. And by decreasing the object classes for the Benefit Payment Activity as listed below:
Page 133, line 2, Medicaid Benefits for Fiscal Year 1981 Services $9,000,000; Page 133, line 5, and Page 133, line 24, Total Funds Budgeted $9,000,000; Page 133, line 6, State Funds Budgeted $3,000,000.

Senator Evans of the 37th asked unanimous consent to withdraw the amend ment, and the consent was granted.

Senator Evans of the 37th offered the following amendment:
Amend the substitute to HB 1235 offered by the Senate Committee on Appropriations by adding the following language on Page 134 be tween lines 9 and 10:
"Provided, further, that the Department of Medical Assistance is authorized to pay fiscal year 1981 benefits out of funds appropriated for benefits in the current year."

802

JOURNAL OF THE SENATE

Senator Evans of the 37th asked unanimous consent to withdraw the amend ment, and the consent was granted.

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 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 Hollo way Howard Hudson Kennedy Kidd Land Lester Littlefield McGill

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

Those voting in the negative were Senators:

Ballard

Bell

Those not voting were Senators:

Bryant

Horton

Tysinger Hudgins

On the passage of the bill, the yeas were 50, nays 3.

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

Senator Broun of the 46th moved that HB 1235 be immediately transmitted to the House. On the motion, the yeas were 37, nays 0, and HB 1235 was immediately transmitted to the House.

TUESDAY, FEBRUARY 16, 1982

803

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

SB 538. By Senator Deal of the 49th:
A bill to amend Code Section 27-2511.1, relating to review of certain sentences, as amended, so as to provide for inapplicability to sentences imposed in misdemeanor cases; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

The House substitute to SB 538 was as follows:

A BILL
To be entitled an Act to amend Code Section 27-2511.1, relating to reviw of certain sentences, as amended, so a to provide for inapplicabili ty to sentences imposed in misdemeanor cases and cases in which certain life sentences are imposed; to amend the Official Code of Georgia An notated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. Code Section 27-2511.1, relating to review of certain sentences, as amended, is amended by adding at the end a new subsec tion (f) to read as follows:
"(f) This Code section shall not apply to sentences imposed in misdemeanor cases or cases in which a life sentence is imposed for murder."
Part 2
Section 2. Code Section 17-10-6 of the Official Code of Georgia An notated, relating to review of sentences of imprisonment for period ex ceeding five years by three-judge panel, is amended by adding at the end a new subsection (f) to read as follows:
"(f) This Code Section shall not apply to sentences imposed in misdemeanor cases or cases in which a life sentence is imposed for murder."
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming laws without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.

804

JOURNAL OF THE SENATE

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

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 538.

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 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 Holloway Howard Hudson Kennedy Kidd Land

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Trulock Walker Wessels

Those not voting were Senators:

Cobb Horton Hudgins

Thompson Timmons

Turner Tysinger

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 538.
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 626. By Senators Gillis of the 20th, Fincher of the 54th, Walker of the 19th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, so as to revise the list of waters classified as trout waters, to specify seasons therefor, and to correct certain typographical errors in the list; to provide for serverability; to provide an effective date.

TUESDAY, FEBRUARY 16, 1982

805

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

On 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 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 Lester

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

Those not voting were Senators:

Ballard Bond Hudgins

Land Thompson

Timmons Tysinger

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 229. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain real property located in Baldwin Conty, Georgia, to J.P. Stevens and Company, Inc.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

806

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond 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 Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Trulock Turner Walker Wessels

Those not voting were Senators:

Ballard Hudgins McKenzie

Starr Thompson

Timmons Tysinger

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

The resolution, having received the requisite constitutional majority, was adopted.
SR 249. By Senator Littlefield of the 6th:
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 a nonex clusive easement in and to certain state-owned real property situated in the Frederica River, Glynn County, Georgia, to Golden Isles Marina, Inc.
The Senate Committee on Public Utilities offered the following substitute to SR249:
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 a nonexclusive ease ment in and to certain state-owned real property situated in the Frederica River, Glynn County, Georgia, to Golden Isles Marina, Inc.; and for other purposes.

TUESDAY, FEBRUARY 16, 1982

807

WHEREAS, Golden Isles Marina, Inc., proposes to construct, repair, replace, and expand the existing marina located on or adjacent to Lanier Island on Frederica River in Glynn County, Georgia, at the southerly side of the Brunswick-St. Simons Island Causeway (F. j. Torras Causeway); and
WHEREAS, said expanded marina facilities will include piers, docks, floating docks, buildings, pilings, dolphins, marine railway, and ap purtenances thereto located partially on lands owned or claimed by the State of Georgia; and the Golden Isles Marina, Inc., desires a nonex clusive easement from the State of Goergia over and through such land in order to construct, operate, and maintain said marina facilities; 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 said nonexclusive easement to Golden Isles Marina, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "property," and that, in all matters relating to 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 Golden Isles Marina, Inc., a nonex clusive easement over, through, upon, and across the property for the sole purpose of operating and maintaining a marina and the expansion of the existing marina and constructing of marina related buildings, install ing, maintaining, repairing, removing, and replacing marina related buildings, structures, piers, docks, floating docks, marine railway, dolphins, pilings, appurtenances, thereto, and all facilities and im provements that shall be reasonably for or in connection therewith on the west bank of the Frederica River, hereinafter more fully described, subject always to the initial and continuing compliance by Golden Isles Marina, Inc., with all applicable laws pertaining to the subject matter hereof and the properties affected hereby and subject always to the use and enjoyment of the public of any navigable waters involved herein.
Section 3. That said nonexclusive easement further be subject to the following:
(1) The consideration for the conveyance of said nonexclusive ease ment shall be as determined by the State Properties Commission, acting in the best interests of the State of Georgia;
(2) That Golden Isles Marina, Inc., prepare and submit to the State Properties Commission a plat of survey and legal description of the desired nonexclusive easement area;

808

JOURNAL OF THE SENATE

(3) That the State Properties Commission shall obtain, prior to con veyance of said nonexclusive easement, a written report from the Department of Transportation that the use of the to be determined nonexclusive easement area will not interfere with any plans for expan sion, modification, or new construction of the F. J. Torras Causeway;
(4) The provisions of the "Coastal Marshlands Protection Act of 1970" (Ga. L. 1970, p. 939, as amended) and all applicable laws, rules, and regulations of the State of Georgia and the United States regarding the use and development of the property; and
(5) Such other terms and conditions, including, without limitation, the specification of the term of said nonexclusive easement, as determin ed by the State Properties Commission to be in the best interests of the State of Georgia.
Section 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyances.
Sections. That this resolution shall become effective as law im mediately upon its 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 resolu tion are 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 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 Barker Barnes Bell Bond Bowen Brannon Brown of 47th Bryant Cobb Coleman Coverdell

Deal Dean Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill

Holloway Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds

TUESDAY, FEBRUARY 16, 1982

809

Robinson Starr Stephens Stumbaugh Summers

Sutton Tate Timmons Trulock

Those not voting were Senators:

Ballard Brantley Broun of 46th

Evans Hudgins

Turner Tysinger Walker Wessels
Scott Thompson

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

The resolution, having received the requisite constititional majority, was adopted by substitute.

SR 255. By Senators Fincher of the 54th, McGill of the 24th, Gillis of the 20th and others:
A resolution urging Congress to pass certain legislation relative to the death penalty.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell 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 Land Lester

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

810

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Allgood Bond

Evans Kidd

Those not voting were Senators:

Hill Hudson

Littlefield Scott

Tate Thompson

On the adoption of the resolution, the yeas were 46, nays 5.

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

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.
Senate Sponsor: Senator Fincher of the 52nd.

The Senate Committee on Offender Rehabilitation offered the following substitute to HB 218:

A BILL
To be entitled an Act to amend an Act to comprehensively and ex haustively revise, supersede, and consolidate the laws relating to the Board of Offender Rehabilitation and to prisons, public work camps, and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amend ed, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1110), as amended, so as to provide for the placement of detainers of prison in mates having outstanding sentences; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act to comprehensively and exhaustively revise, supersede, and consolidate the laws relating to the Board of Offender Rehabilitation and to prisons, public works camps, and prisoners, ap proved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1110), as amended, is

TUESDAY, FEBRUARY 16, 1982

811

amended by striking Section 33.9, relating to the definition of the word "detainer," in its entirety and substituting in lieu thereof a new Section 33.9 to read as follows:
"Section 33.9. For the purposes of this Act the word 'detainer' shall mean a written instrument executed by the prosecuting officer of a court and filed with the Department of Offender Rehabilitation requesting that the Department of Offender Rehabilitation retain custody of an inmate pending delivery of the inmate to the proper authorities to stand trial upon a pending indictment, accusation or in formation, or to await final disposition of all appeals and other mo tions which are pending on any outstanding sentence, and to which is attached a copy of the indictment, accusation, information, or convic tion which constitutes the basis of the request. The request shall con tain a statement that the prosecuting officer desires and intends to bring the inmate to trial upon the pending indictment, accusation, or information, and in the case of an outstanding sentence, that he in tends to seek final disposition of all appeals and other motions."
Part 2
Section 2. Code Section 42-6-1 of the Official Code of Georgia An notated, relating to definitions pertaining to detainers, is amended by striking paragraph (3) of said Code section in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Detainer' means a written instrument executed by the pros ecuting officer of a court and filed with the department requesting that the department retain custody of an inmate pending delivery of the inmate to the proper authorities to stand trial upon a pending in dictment or accusation, or to await final disposition of all appeals and other motions which are pending on any outstanding sentence, and to which is attached a copy of the indictment, accusation, or conviction which constitutes the basis of the request. The request shall contain a statement that the prosecuting officer desires and intends to bring the inmate to trial upon the pending indictment or accusation, and in the case of an outstanding sentence, that he intends to seek final disposi tion of all appeals and other motions."
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

812

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond 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 Holloway Horton Hudgins Kennedy Kidd Land Lester

Those not voting were Senators:

Cobb Hill Howard

Hudson Robinson

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

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 1109. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others: A bill to amend an Act known as the "Georgia Water Quality Control Act," so as to provide for monitoring, recording, and reporting certan in formation regarding the withdrawal of water from surface waters for cer tain irrigation systems. Senate Sponsor: Senator Gillis of the 20th.

TUESDAY, FEBRUARY 16, 1982

813

The Senate Committee on Natural Resources and Environmental Quality of fered the following amendment:

Amend HB 1109 by adding in the title on Page 1, line 6, immediately preceding the words "to provide", the following:
"to provide for the termination of certain provisions; to provide for certain penalties;''.
By striking the quotation mark appearing at the end of line 30 on Page 2 and by adding between lines 30 and 31 on Page 2 two new paragraphs, to be designated paragraphs (5) and (6), to read as follows:
"(5) Any person violating any provision of this subsection shall be liable to a civil penalty not to exceed $ 100.00 for such violation and an additional civil penalty not to exceed $10.00 for each day during which such violation continues.
(6) The requirements of this subsection shall be continued until July 1, 1987, at which time this subsection shall terminate and stand repealed.' "

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 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 Hudson

Land Lester McGill Reynolds Robinson Scott Starr Stephens
Stumbaugh Summers Trulock Turner Tysinger Walker Wessels

814

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Bowen Hudgins Kennedy

Kidd Littlefield McKenzie

Those not voting were Senators:

Broun of 46th

Tate

Sutton Timmons
Thompson

On the passage of the bill, the yeas were 45, nays 8.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 1110. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others: A bill to amend an Act known as the "Groundwater Use Act of 1972," so as to change the provisions relating to exemptions from said Act. Senate Sponsor: Senator Gillis of the 20th.
The Senate Committee on Natural Resources and Environmental Quality offers the following amendment:
Amend HB 1110 by adding in the title on Page 1, line 5, between the word and semicolon "thereto;" and the word "to" the following:
"to provide for penalties;''.
By adding in the title in line 5 on Page 1 between the word and semicolon "date;" and the word "to" the following:
"to provide for the expiration of this amendatory Act on a certain date and for the reenactment of the law as it existed immediately prior to the effective date of this amendatory Act;''.
By adding at the end of Section 1, between lines 12 and 13 on Page 3, a new subsection, to be designated subsection (f), to read as follows:
"(f) Any person violating this Code section shall be liable for a civil penalty not to exceed $100.00 for such violation and an addi tional civil penalty not to exceed $10.00 for each day during which such violation continues."
By striking Section 2 where it appears in lines 13 and 14 on Page 3 and inserting in lieu thereof a new Section 2 to read as follows:

TUESDAY, FEBRUARY 16, 1982

815

"Section 2. This Act shall become effective on November 1, 1982; and on July 1, 1987, this Act shall stand repealed in its entirety; and on July 1, 1987, Code Section 12-5-105, as it existed prior to being stricken by this Act, shall stand reenacted."

On the adoption of the amendment, the yeas were 41, nays 0, and the amend ment was adopted.

Senators Deal of the 49th and Reynolds of the 48th offered the following amendment:

Amend HB 1110 by striking the period on Page 2, line 4 and adding the following:
"or poultry-processing purposes."

On the adoption of the amendment, the yeas were 42, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard 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 Hollo way Horton Howard Hudgins Hudson Land Lester

Littlefield McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Bowen Kennedy

Kidd McKenzie

Timmons

816

JOURNAL OF THE SENATE

Those not voting were Senators:

Broun of 46th Fincher of 54th

Summers

Trulock

On the passage of the bill, the yeas were 47, nays 5.

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

The following resolution of the Senate was read and adopted:

SR 290. By Senators Lester of the 23rd, McGill of the 24th and Allgood of the 22nd:
A resolution commending Terri Gibbs.

Senator Lester of the 23rd introduced Terri Gibbs and her parents to the Senate.

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

HB 1153. By Representatives Hanner of the 130th, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Code Section 26-2907, relating to exemptions from the provisions of Code Section 26-2901, relating to carrying a concealed weapon, Code Section 26-2902, relating to carrying of deadly weapons at public gatherings; to amend the Official Code of Georgia Annotated ac cordingly.
Senate Sponsor: Senator Timmons of the 11th.

The Senate Committee on Judiciary offered the following substitute to HB 1153:
A BILL
To be entitled an Act to amend Code Section 26-2907, relating to ex emptions from the provisions of Code Section 26-2901, relating to carry ing a concealed weapon, Code Section 26-2902, relating to the carrying of deadly weapons at public gatherings, Code Section 26-2903, relating to carrying pistols without licenses, and Code Section 26-2906, relating to machine guns, as amended, so as to provide additional exemptions in Code Section 26-2907 for probation supervisors and public safety direc tors of municipal corporations; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 16, 1982

817

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 26-2907, relating to exemptions from the pro visions of Code Section 26-2901, relating to carrying a concealed weapon, Code Section 26-2902, relating to the carrying of deadly weapons at public gatherings, Code Section 26-2903, relating to carrying pistols without licenses, and Code Section 26-2906, relating to machine guns, as amended, is amended to read as follows:
"26-2907. Exemptions. Sections 26-2901, 26-2902, 26-2903, and 26-2906 shall not apply to or affect any of the following persons while engaged in pursuit of official duty or when authorized by Federal or State law, regulations or order: (1) peace officers; (2) wardens, superintendents, and keepers of prisons, penitentiaries, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) persons in the military service of the State or of the United States;) (4) persons employed in fulfilling defense contracts with the government of the United States or agencies thereof with possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (5) district at torneys, investigators employed by and assigned to a district at torney's office, and assistant district attorneys; (6) those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Par dons and Paroles to carry a weapon; (7) the Attorney General and those members of his staff whom he specifically authorizes in writing to carry a weapon; (8) probation supervisors employed by and under the authority of the Department of Offender Rehabilitation pursuant to the 'State-wide Probation Act' when specifically designated and authorized in writing by the Director of Division of Probation; and (9) public safety directors of municipal corporations.
A prosecution based upon a violation of Sections 26-2901, 26-2902, 26-2903, or 26-2906, need not negative any exemptions."
Part 2
Section 2. Code Section 16-11-130 of the Official Code of Georgia An notated, relating to exemptions from Code Sections 16-11-126 through 16-11-128, relating to firearms and weapons, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons while engaged in pursuit of of ficial duty or when authorized by federal or state law, regulations, or order:
(1) Peace officers;
(2) Wardens, superintendents, and keepers of correctional institu tions, jails, or other institutions for the detention of persons accused or convicted of an offense;

818

JOURNAL OF THE SENATE

(3) Persons in the military service of the state or of the United States;
(4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;
(5) District attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys;
(6) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon; and
(7) The Attorney General and those members of his staff whom he specifically authorizes in writing to carry a weapon;
(8) Probation supervisors, employed by and under the authority of the Department of Offender Rehabilitation pursuant to the 'State wide Probation Act' when specifically designated and authorized in writing by the Director of Division of Probation; and
(9) Public safety directors of municipal corporations.''
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

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

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

TUESDAY, FEBRUARY 16, 1982

819

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Deal Eldridge English Engram Evans Fincher of 52nd

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 Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Bond Bryant

Coleman Coverdell Dean

Fincher of 54th 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 President announced that the Senate would stand in recess from 12:05 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

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

HB 1192. By Representative Phillips of the 125th:
A bill to amend Code Section 59-704.1, relating to oath of juries on voir dire, so as to provide that the oath may be administered by the judge or the clerk; to amend the Official Code of Georgia Annotated accordingly. Senate Sponsor: Senator Barnes of the 33rd.

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

820

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bowen Brannon Brantley Brown of 47th Coverdell Dean Eldridge

Evans Fincher of 52nd Foster Hudgins Kennedy Kidd Land Lester McGill McKenzie

Those not voting were Senators:

Allgood Bell Bond Broun of 46th Bryant Cobb Coleman Deal English

Engram Fincher of 54th Garner Gillis Greene Hill Holloway Horton Howard

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

On the passage of the bill, the yeas were 30, nays 0.

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

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

Mr. President:

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

SB 463. By Senators Howard of the 42nd, Barnes of the 33rd and Trulock of the 10th:
A bill to amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to make certain activities unlawful; to provide a penalty; to repeal conflicting laws.

TUESDAY, FEBRUARY 16, 1982

821

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

HB 1162. By Representatives Snow of the 1st, Murphy of the 18th and others:
A bill to provide for the distribution of the Official Code of Georgia An notated, to provide responsibility for upkeep and supplementation; to designate the copies as property of the state.

The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

HB 148. By Representative Beck of the 148th: A bill to define "self service storage facilities".

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

HB 1235. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others:
A bill to amend an Act providing appropriations for the fiscal year 1981-82, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1981-82.

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

HB 1206. By Representatives Richardson of the 52nd and Lowe of the 43rd:
A bill to amend Code Section 1-2-7 of the Official Code of Georgia An notated, relating to citizenship rights of females, so as no longer to ex empt women from the liability to discharge military, police, patrol or road duty.

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

HB 1292. By Representatives Snow of the 1st and Tuten of the 153rd:
A bill to amend an Act relating to mutual aid resource pacts for fire pro tection, so as to change the definition of political subdivisions which are eligible to participate in such pacts; to change the number of political subdivisions which may create such pacts; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Barnes of the 33rd.

822

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 Bowen Brannon Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge

Evans Fincher of 52nd Foster Gillis Greene Hill Holloway Kennedy Kidd Land Lester McGill

Those not voting were Senators:

Bell Bond Brantley Broun of 46th Deal English Engram

Fincher of 54th Garner Horton Howard Hudgins Hudson

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

On the passage of the bill, the yeas were 37, nays 0.

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

HR 536. By Representative Balkcom of the 140th:
A resolution authorizing the conveyance of an interest in certain real property located in Miller County, Georgia.
Senate Sponsor: Senator Timmons of the 11th.

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

TUESDAY, FEBRUARY 16, 1982

823

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 Bryant Cobb Coleman Coverdell Dean

Eldridge English Evans Foster Gillis Greene Holloway Hudgins Hudson Kennedy Kidd Land Lester McGill

McKenzie Reynolds Robinson Starr Stephens Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Deal Engram Fincher of 52nd Fincher of 54th

Garner Hill Horton Howard

Littlefield Scott Stumbaugh Summers

On the adoption of the resolution, the yeas were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 482. By Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th, Brannon of the 51st, Dean of the 31st and Thompson of the 32nd: A bill to amend Code Section 17-6-30 of the Official Code of Georgia An notated, relating to fees of sureties on criminal bonds, so as to change the provisions relative to such fees; to provide an effective date.

824

JOURNAL OF THE SENATE

The House substitute to SB 482 was as follows:

A BILL
To be entitled an Act to amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties on criminal bonds, so as to change the provisions relative to such 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 Section 17-6-30 of the Official Code of Georgia An notated, relating to fees of sureties on criminal bonds, is amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Sureties on criminal bonds in any court shall not charge or receive more than 10 percent of the principal amount of the bonds as compensation from defendants or from anyone acting for defen dants."
Section 2. This Act shall become effective on November 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Cobb of the 28th moved that the Senate agree to the House substitute to SB 482.

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 Dean
Eldridge

English Evans Foster Gillis Greene Hudgins Hudson Kennedy Kidd Land Lester McGill Reynolds

Robinson Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

TUESDAY, FEBRUARY 16, 1982

825

Voting in the negative was Senator Barnes

Those not voting were Senators:

Bowen Coverdell Deal Engram Fincher of 52nd

Fincher of 54th Garner Hill Holloway (presiding) Horton

Howard Littlefield McKenzie Scott Stumbaugh

On the motion, the yeas were 40, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 482.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1235. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th: A bill to amend an Act providing appropriations for the fiscal year 1981-82, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1981-82.
Senator Broun of the 46th moved that the Senate insist upon the Senate substitute to HB 1235.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1235.
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 1571. By Representatives Chambless of the 131st and Hutchinson of the 133rd: A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts; to clarify that elections and terms under the changed districts shall remain the same as under these districts as formerly described.

826

JOURNAL OF THE SENATE

The following general bill of the Senate, having been read the third time on February 11 and postponed until February 15, was put upon its passage:

SB 560. 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 relative to eligibility and creditable service by providing a time by which applications must be made; to provide for late charges for delinquent contributions; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date.

Senator Kidd of the 25th moved that SB 560 be committed to the Committee on Retirement.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 560 was committed to the Committee on Retirement.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 148. By Representative Beck of the 148th: A bill to define "self-service storage facilities'

The House amendment was as follows:

Amend the Senate substitute to HB 148 by adding on Page 2 at line 4 and on Page 10 at line 23 after the word "facility" the following:
"A self-service storage facility is not a safety deposit box or vault maintained by banks, trust companies, or other financial entities."

Senator Turner of the 8th moved that the Senate agree to the House amendment to the Senate substitute to HB 148.

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 Brannon Brantley Broun of 46th Brown of 47th Bryant

Cobb Coleman Coverdell Dean Eldridge English

TUESDAY, FEBRUARY 16, 1982

827

Engrain Fincher of 54th Foster Garner Gillis Greene Horton Hudson Kennedy

Kidd Land Littlefield McGill McKenzie Reynolds Robinson Starr Stephens

Those not voting were Senators:

Deal Evans Fincher of 52nd Hill

Holloway (presiding) Howard Hudgins Lester

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

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 148.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 571. By Senators Land of the 16th, Hill of the 29th and Walker of the 19th:
A bill to amend Code Chapter 27-15, relating to demurrers and special pleas, insanity, and mental incompetency, as amended, so as to change the provisions relating to pleas of insanity; to provide for verdicts of guilty, but mentally ill, under certain circumstances; to amend the Of ficial Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

Senators Land of the 16th and Greene of the 26th offered the following substitute to SB 571:
A BILL
To be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to pleas of insanity; to provide for verdicts of guilty of a felony, but mentally ill, under certain circumstances; to provide for definitions and procedures; to provide for sentence, confinement, evaluation, treatment, and probation of persons found guilty of a felony, but mentally ill; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking and repealing in its entirety Code Section 17-7-13, which reads as follows:

828

JOURNAL OF THE SENATE

"17-7-131. (a) In all criminal trials wherein an accused person con tends that he was insane or mentally incompetent under the law at the time the act or acts charged against him were committed, the trial judge shall instruct the jury that, in case of acquittal on such conten tion, the jury shall specify in its verdict that the accused person was acquitted because of mental incompetence or insanity at the time of the commission of the act. If such verdict of acquittal is returned by the jury, the court shall retain jurisdiction over the person acquitted and shall immediately inquire into the sanity of the person at the time of acquittal. Upon a showing of good cause by the prosecuting at torney, the court may defer ruling upon the sanity of the person at the time of acquittal and order the person to be confined for a period of not less than 30 days in a state mental hospital to be selected by the Department of Human Resources. A person committed to the Depart ment of Human Resources pursuant to this Code section shall not be released from confinement unless and until, after notice and hearing, the court which committed him finds and determines that the person does not meet the criteria for civil commitment under Chapter 3 or 4 of Title 37. Nothing contained in this Code section shall prevent the transfer of the person from one state hospital to any other state hospital by the Department of Human Resources or the transfer of the person to a hospital in another state in the manner provided for by law, upon order of the superior court in the county from which he was committed or in which he is detained.
(b) An application for the release of a person who has been com mitted to the Department of Human Resources under subsection (a) of this Code section, upon the ground he does not meet the civil commit ment criteria under Chapter 3 or 4 of Title 37, may be made to the superior court of the county from which he was committed, either by the person or by the superintendent of the state hospital in which the person is confined. No hearing upon such application shall be allowed until the person committed has been confined for a period of not less than 30 days from the date of the order of commitment. If the finding of the court is adverse to releasing the person on the ground that the person meets the civil commitment criteria under Chapter 3 or 4 of Ti tle 37, a further application shall not be heard by the court until one year has elapsed from the date of hearing upon his last preceding ap plication."
Section 2. Said title is further amended by adding immediately following Code Section 17-9-4 a new Code section, to be designated Code Section 17-9-5, to read as follows:
"17-9-5. (a) In all criminal trials wherein an accused person contends that he was insane, mentally ill, or otherwise mentally incompetent under the law at the time the act or acts charged against him were committed, the jury, or the court if tried by it, shall find whether the accused person is:
(1) Guilty;
(2) Guilty of a felony, but mentally ill at the time of the offense, provided such felony has not been reduced to a misdemeanor pur suant to Code Section 17-10-5;

TUESDAY, FEBRUARY 16, 1982

829

(3) Not guilty; or
(4) Not guilty by reason of insanity at the time of the offense.
(b) For the purposes of this Code section, the term:
(1) 'Insanity' means any condition under which a person shall not be found guilty of a crime under Code Section 16-3-2, Code Section 16-3-3, or both.
(2) 'Mentally ill' means 'mentally ill,' as defined in paragraph (11) of Code Section 37-3-1, or having a condition of mental retardation, as defined in paragraph (11) of Code Section 37-4-2, or any combination of either condition, but does not include insanity.
(c) (1) Whenever an accused person is found not guilty by reason of in sanity at the time of the offense, the court shall retain jurisdiction over the person acquitted and shall immediately inquire into the sanity of the person at the time of acquittal. Upon a showing of good cause by the prosecuting attorney, the court may defer ruling upon the sanity of the person at the time of acquittal and order the person to be con fined for evaluation for a period of not more than 30 days in a state mental hospital to be selected by the Department of Human Resources. A person committed to the Department of Human Resources pursuant to this Code section shall not be retained in con finement unless and until, after notice and hearing held pursuant to paragraph (8) of Code Section 37-3-1 or paragraph (7) of Code Section 37-4-1, the court which committed him finds and determines that the person meets the criteria for civil commitment under Chapter 3 or 4 of Title 37. If the court finds that the person meets the criteria for civil commitment under Chapter 3 or 4 of Title 37, the court shall im mediately make a finding as to whether the person was acquitted of a serious violent crime or whether the person was acquitted of a crime that was not a serious violent crime. If the person was acquitted of a crime that was not a serious violent crime, said person shall henceforth be governed by the procedures set forth in Chapter 3 or 4 of Title 37. If the person was acquitted of a serious violent crime, the court may order the person committed to the Department of Human Resources for an initial period of up to six months pursuant to subsec tion (c) of Code Section 37-3-81 or subsection (f) of Code Section 37-4-40. Nothing contained in this Code section shall prevent the transfer of the person from one state hospital to any other state hospital by the Department of Human Resources or the transfer of the person to a hospital in another state, in the manner provided for by law, upon order of the superior court in the county from which he was committed or in which he is detained.
(2) An application for the release of a person who has been com mitted to the Department of Human Resources under paragraph (1) of this subsection upon the ground he does not meet the civil commit ment criteria under Chapter 3 or 4 of Title 37 may be made to the superior court of the county from which he was committed either by the person or by the superintendent of the state hospital in which the person is confined. An application for release made by the superinten dent of the state hospital may be filed at any time. An initial applica-

830

JOURNAL OF THE SENATE

tion for release made by the person may be filed at any time after six months from the date of the initial order of commitment. Upon the fil ing of an application for release, the court shall hold a hearing pur suant to the provisions of paragraph (8) of Code Section 37-3-1 or paragraph (7) of Code Section 37-4-1, except that the burden of proof at said hearing shall not be on the respondent but shall be shared by the petitioner and the respondent. If the finding of the court is adverse to releasing the person on the ground that the person meets the civil commitment criteria under Chapter 3 or 4 of Title 37, a further ap plication shall not be heard by the court until one year has elapsed from the date of hearing upon his last preceding application; provid ed, however, that the court shall hear an application for release filed by the superintendent of the hospital in which the person is confined at any time.
(d) (1) Whenever an accused person is found guilty of a felony but mentally ill at the time of said offense or enters a plea to that effect that is accepted by the court, the court shall sentence him in the same manner as a person found guilty of the offense.
(2) If a person who is found guilty but mentally ill at the time of the offense is committed to the Department of Offender Rehabilita tion, he shall be further evaluated and then treated, within the limits of state funds specifically provided therefor, in such a manner as is psychiatrically indicated for his mental illness. Treatment may be pro vided by the Department of Offender Rehabilitation or the Depart ment of Human Resources after transfer pursuant to procedures set forth in regulations of the Department of Offender Rehabilitation and the Department of Human Resources. Said departments shall pro mulgate regulations governing such transfers.
(3) Whenever an accused person has been found guilty or has been found guilty but mentally ill, if the court finds that there is prob able cause to believe that the person is presently mentally ill or men tally retarded, the court may defer sentencing to inquire into the per son's present mental condition.
(A) The court may order such person to be evaluated in a facility selected by the Department of Human Resources for a period not to exceed 30 days for a determination of the person's present mental condition. Upon completion of the evaluation, the officials conducting the evaluation shall send a report assessing the person's present men tal condition to the trial judge, the prosecuting attorney, the defen dant, the defendant's attorney, and any designated probation officials. If the report concludes that the defendant is either mentally ill and in need of treatment or mentally retarded and requiring rehabilitation, then a recommended treatment plan shall be attached to the report.
(B) The court upon receipt of said report shall sentence the person in the same manner as any other person found guilty of the offense. If the person is committed to a penal facility, a copy of such report shall be made available to said facility and the person shall be further evaluated and then treated as is psychiatrically indicated for his men tal illness. Such person may be treated or transferred pursuant to the provisions of paragraph (2) of this subsection.

TUESDAY, FEBRUARY 16, 1982

831

(4) A person who is found guilty and a person who is found guilty but mentally ill at the time of the offense may be placed on probation under Chapter 8 of Title 42, and the court may require that he undergo inpatient or outpatient treatment as a condition of probation as provided in this subsection.
(A) To require inpatient treatment in a treatment facility, the court must, after notice and hearing held pursuant to paragraph (8) of Code Section 37-3-1 or paragraph (7) of Code Section 37-4-1, determine that the person is presently mentally ill and in need of involuntary treat ment as defined in paragraph (12) of Code Section 37-3-1 or is a men tally retarded person requiring rehabilitation as defined in Code Sec tion 37-5-3. Such findings shall authorize confinement in a facility for up to six months, and all further periods of confinement shall be governed by either Code Section 37-3-83 or Code Section 37-4-42, whichever is applicable.
(B) At any time the facility at which such person is confined deter mines that the need for inpatient confinement no longer exists, the chief medical officer of the facility, or his designee, shall file a written report with the court. Said report shall include recommendations for outpatient treatment if the chief medical officer of said facility deter mines that the individual is mentally ill or mentally retarded and in need of such treatment.
(C) To require outpatient treatment, the court must, after notice and hearing held pursuant to paragraph (8) of Code Section 37-3-1 or paragraph (7) of Code Section 37-4-1, determine that the person is mentally ill or mentally retarded and in need of available outpatient treatment. Such treatment may be made a condition of probation, in addition to any other conditions of probation. The court may require the facility or the treatment personnel to make reasonable periodic reports to the court concerning such outpatient treatment to allow it to monitor such treatment.
(D) Any person may voluntarily consent to recommend inpatient or outpatient treatment. Consent may be withdrawn in writing by the person, and the treating facility shall notify the court of the withdrawal of consent within 14 days. The notice shall include the present treatment recommendations for the person. The court, within 30 days of receipt of said notice, shall hold a hearing to determine if the person is a mentally ill or mentally retarded person in need of out patient treatment or a mentally ill or mentally retarded person in need of involuntary inpatient treatment.
(E) The court, with or without notice and hearing, may release the person from any court ordered treatment at any time during the term of such probation.
(F| At any time under this Code section, when the court receives a report requesting a change in treatment status, whether from inpa tient to outpatient, termination of treatment, or release from volun tary treatment, the court shall hold a hearing pursuant to paragraph (8) of Code Section 37-3-1 or paragraph (7) of Code Section 37-4-1

832

JOURNAL OF THE SENATE

within 30 days to determine the need for continued involuntary treat ment. If a hearing is not held within such time, the person shall be released from the treatment conditions of probation.
(G) At any time when a person who has been released from inpatient treatment, or who was placed only in an outpatient program, re quires subsequent involuntary hospitalization, the court shall deter mine the need for hospitalization pursuant to the procedures set forth in Chapter 37-3 or 37-4.
(H) Each person found guilty or guilty but mentally ill and hospitalized for evaluation or treatment pursuant to this Code section shall, in addition to the credit for time served prior to trial pursuant to Code Section 17-10-2, be given full credit for each day spent in con finement in connection with such evaluation or treatment.
(5) Persons receiving treatment by the Department of Human Resources pursuant to subsection |d| may be charged fees for such services pursuant to Chapter 9 of Title 37."
Section 3. This Act shall become effective November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Wessels of the 2nd offered the following amendment:

Amend the substitute to SB 571 offered by Senators Land of the 16th and Greene of the 26th by adding a new sentence on line 23 of Page 8 as follows:
"The court shall have final and complete discretion in determin ing whether the individual shall be released."

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 42, nays 0, and the substitute was adopted as amended.

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

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

TUESDAY, FEBRUARY 16, 1982

833

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 Dean . Eldridge English

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

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

Those voting in the negative were Senators:

Bond

Evans

Littlefield

Those not voting were Senators:

Deal Holloway (presiding]

Howard

Stumbaugh

On the passage of the bill, the yeas were 49, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Kennedy of the 4th introduced the doctor of the day, Dr. Emory Bonier, of Brooklet, Georgia.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 475. By Senators Starr of the 44th, Howard of the 42nd 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 provide for a change in the compensation of certain state officials; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

834

JOURNAL OF THE SENATE

Senators Starr of the 44th and Gillis of the 20th offered the following amend ment:

Amend SB 475 by striking from lines 31 through 33 of Page 3 the following:
"upon its approval by the Governor or upon its becoming law without his approval'',
and inserting in lieu thereof the following:
"July 2, 1982".

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 Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge English

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

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

Those voting in the negative were Senators:

Barker Brannon

Engram

Those not voting were Senators:

Deal Holloway (presiding)

Howard McGill

Thompson Stumbaugh

TUESDAY, FEBRUARY 16, 1982

835

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

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

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 475.

SB 532. By Senators Land of the 16th, Robinson of the 27th, Barker of the 18th and others:
A bill to amend an Act providing that all meetings of any state depart ment, agency, board, bureau, commission, or political subdivision shall be open to the public at all times, as amended, so as to require advance public notice of meetings; to amend the Official Code of Georgia An notated accordingly.

The Senate Committee on Governmental Operations offered the following substitute to SB 532:
A BILL
To be entitled an Act to amend an Act providing that all meetings of any state department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission, or political subdivision of any county, municipality, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, approved March 28, 1972 (Ga. L. 1972, p. 575), as amended, particularly by an Act approved March 31, 1980 (Ga. L. 1980, p. 1254), so as to include the General Assembly within the provisions of said Act; to require advance public notice of meetings; to change the pro visions relating to exceptions; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal on a certain date; to provide for severability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act providing that all meetings of any state depart ment, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, com mission, or political subdivision of any county, municipality, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times approved March 28, 1972 (Ga. L. 1972, p. 575), as amended, particularly by an Act approved March 31, 1980 (Ga. L. 1980, p. 1254), is amended by striking in its entirety subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a) to read as follows:

836

JOURNAL OF THE SENATE

"(a) As used in this Section, 'agency' means any State department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, com mission, or political subdivision of any county, municipal corpora tion, board of education, or other political subdivision and any State or local housing authority. The term 'agency' also means and includes the General Assembly, either house thereof, and committees of both houses."
Section 2. Said Act is further amended by adding in Section 1 be tween subsections (b) and (c) two new subsections, to be designated subsections (b-1) and (b-2), to read as follows:
"(b-1) Any agency scheduling a meeting declared open to the public pursuant to subsection (b) of this section shall give the public advance notice of the meeting. The advance notice of the meeting shall be given by notifying the broadcast and print news media who have requested that the agency provide such notice to them and who are located within the county in which the meeting is to be held of the date, time, and place of the meeting at least 24 hours prior to the date thereof. The notice to the news media shall be made by telephone, but the agency shall require the person or persons telephoning the news media to keep a record of the date and time of the telephone call, the name of the person making the call, and the name of the person representing the news media to whom the notice was given; provided, however, if the notice by telephone is not practical, the agency shall send written notices to the news media of meetings, which notice must be received at least 24 hours prior to any such meeting. The agency shall retain records of telephone and written notices of meetings required by this subsection for at least 120 days following the date of the meeting, and such records shall be open to public in spection. The requirement of advance public notice of a meeting shall not apply to a meeting called as a result of a bona fide emergency, but public notice of the emergency meeting shall be given by the agency calling the meeting as far in advance of the meeting as practicable under the emergency circumstances.
(b-2) The provisions of subsection (b-1) of this section shall not be applicable to regularly scheduled meetings provided for by law. The provisions of subsection (b-1) of this section shall not be applicable to hospital authorities, except regularly scheduled meetings of hospital authorities which are not provided for by law."
Section 3. Said Act is further amended by striking subsection (d) of Section 2 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) That portion of a meeting of an agency during which the future acquisition of real estate is being discussed;".
Section 4. Said Act is further amended by striking subsection (f) of Section 2 in its entirety and substituting in lieu thereof a new subsection (f) to read as follows:
"(f) That portion of a meeting when:

TUESDAY, FEBRUARY 16, 1982

837

(1) any agency is discussing the appointment, employment, disciplinary action, or dismissal of a public officer or employee, or
(2) any agency is hearing complaints or charges brought against a public officer or employee, unless the officer or employee requests a public meeting."
Part 2
Section 5. Chapter 14 of Title 50 of the Official Code of Georgia An notated, relating to meetings of state departments and agencies, is amended by striking in its entirety subsection (a) of Code Section 50-14-1 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this chapter, 'agency' means any state department, agency, board, bureau, commission, or political subdivision; the governing authority or any department, agency, board, bureau, com mission, or political subdivision of any county, municipal corpora tion, board of education, or other political subdivision; and any state or local housing authority. The term 'agency' also means and includes the General Assembly, either house thereof, and committees of both houses."
Section 6. Said chapter is further amended by adding at the end of Code Section 50-14-1, relating to meetings to be open to the public, a new subsection (f) to read as follows:
"(f) (1) Any agency scheduling a meeting declared open to the public pursuant to subsection (c) of this Code section shall give the public advance notice of the meeting. The advance notice of the meeting shall be given by notifying the broadcast and print news media who have requested that the agency provide such notice to them and who are located within the county in which the meeting is to be held of the date, time, and place of the meeting at least 24 hours prior to the date thereof. The notice to the news media shall be made by telephone, but the agency shall require the person or persons telephoning the news media to keep a record of the date and time of the telephone call, the name of the person making the call, and the name of the person representing the news media to whom the notice was given; provided, however, if notice by telephone is not practical, the agency shall send written notices to the news media of meetings, which notice must be received at least 24 hours prior to any such meeting. The agency shall retain records of telephone and written notices of meetings required by this subsection for at least 120 days following the date of the meeting, and such records shall be open to public inspection. The requirement of advance public notice of a meeting shall not apply to a meeting called as a result of a bona fide emergency, but public notice of the emergency meeting shall be given by the agency calling the meeting as far in advance of the meeting as practicable under the emergency circumstances.
(2) (A) The provisions of paragraph (1) of this subsection shall not be applicble to regularly scheduled meetings provided for by law.

838

JOURNAL OF THE SENATE

(B) The provisions of paragraph (1) of this subsection shall not be applicable to hospital authorities, except regularly scheduled meetings of hospital authorities which are not provided for by law."
Section 7. Said Chapter is further amended by striking Code Section 50-14-4 in its entirety and substituting in lieu thereof a new Code Section 50-14-4 to read as follows:
"50-14-4. This chapter shall not apply to the following:
(1) Staff meetings held for investigative purposes under duties or responsibilities imposed by law;
(2) The deliberations and voting of the State Board of Pardons and Paroles;
(3) Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the state;
(4) That portion of a meeting of an agency during which the future acquisition of real estate is being discussed;
(5) Meetings of any committee of a public hospital when the com mittee is considering the grant of abortions under state law; and
(6) That portion of a meeting when:
(A) Any agency is discussing the appointment, employment, disciplinary action, or dismissal of a public officer or employee; or
(B) Any agency is hearing complaints or charges brought against a public officer or employee unless the officer or employee requests a public meeting."
Parts
Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 9. In the event, any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or un constitutional.

TUESDAY, FEBRUARY 16, 1982

839

Section 10. All laws and parts of laws in conflict with this Act are repealed.

Senator Land of the 16th offered the following amendment:

Amend the substitute to SB 532 offered by the Senate Committee on Governmental Operations by striking from the title, beginning on line 10 of Page 1, the following:
"to include the General Assembly within the provisions of said Act;".
By striking in Part 1, beginning on line 3 of Page 2, the following:
"striking in its entirety subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) As used in this Section, "agency" means any State depart ment, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission, or political subdivision of any county, municipal corporation, board of education, or other political subdivision and any State or local housing authority. The term "agency" also means and includes the General Assembly, either house thereof, and committees of both houses.'
Section 2. Said Act is further amended by".
By renumbering Sections 3, 4, and 5 as Sections 2, 3, and 4, respec tively.
By striking from Part 2, beginning on line 12 of Page 4, the following:
"striking in its entirety subsection (a) of Code Section 50-14-1 and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) As used in this chapter, "agency" means any state depart ment, agency, board, bureau, commission, or political subdivision; the governing authority or any department, agency, board, bureau, commission, or political subdivision of any county, municipal cor poration, board of education, or other political subdivision; and any state or local housing authority. The term "agency" also means and includes the General Assembly, either house thereof, and committees of both houses.'
Section 6. Said chapter is further amended by".
By renumbering Sections 7, 8, 9, and 10 on Pages 6 and 7 as Sections 5, 6, 7, and 8, respectively.

840

JOURNAL OF THE SENATE

Senator Land of the 16th offered the following amendment:

Amend the substitute to SB 532 offered by the Senate Committee on Governmental Operations by striking in its entirety the sentence begin ning on line 18 of Page 3, which reads as follows:
"The provisions of subsection (b-1) of this section shall not be ap plicable to hospital authorities, except regularly scheduled meetings of hospital authorities which are not provided for by law."
By striking in its entirety subparagraph (B), lines 1 through 5 on Page 6, which reads as follows:
"(B) The provisions of paragraph (1) of this subsection shall not be applicable to hospital authorities, except regularly scheduled meetings of hospital authorities which are not provided for by law.''

Senator Robinson of the 27th offered the following amendment:

Amend the substitute to SB 532 offered by the Senate Committee on Governmental Operations by striking on Page 3, line 11, the words "of a bona fide" and inserting in lieu of the following:
'' of special circumstances'',
and
By striking on Page 3, line 12, in its entirety and inserting in lieu of the following:
", but public notice of such called meeting".

Senator Kidd of the 25th moved that SB 532 be committed to the Committee on Governmental Operations.

Senator Land of the 16th moved the previous question.

Senator Kidd of the 25th moved that SB 532 be placed on the Table.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, ruled that the motion offered by Senator Kidd of the 25th to table SB 532 takes precedence.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

TUESDAY, FEBRUARY 16, 1982

841

Those voting in the affirmative were Senators:

Allgood Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman English Fincher of 54th

Gillis Hill Horton Hudgins Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Scott Starr Summers Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Ballard Barker Barnes Bell Bond Brannon Coverdell Dean

Eldridge Engram Evans Fincher of 52nd Foster Garner Greene Howard

Hudson Land Robinson Stumbaugh Sutton Thompson Trulock Tysinger

Those not voting were Senators:

Brantley Deal

Holloway (presiding)

Tate

Stephens

On the motion offered by Senator Kidd of the 25th, the yeas were 27, nays 24; the motion prevailed, and SB 532 was placed on the Table.

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

HB 1206. By Representatives Richardson of the 52nd and Lowe of the 43rd:
A bill to amend Code Section 1-2-7 of the Official Code of Georgia An notated, relating to citizenship rights of fe'males, so as no longer to ex empt women from the liability to discharge military, police, patrol or road duty.
Referred to Committee on Special Judiciary.

HB 1571. By Representatives Chambless of the 131st and Hutchinson of the 133rd:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts; to clarify that elections and terms under the changed districts shall remain the same as under these districts as formerly described.
Referred to Committee on County and Urban Affairs.

842

JOURNAL OF THE SENATE

The President resumed the Chair.

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

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1235. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others:
A bill to amend an Act providing appropriations for the fiscal year 1981-82, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1981-82.

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

Representatives Harris of the 8th, Vaughn of the 57th and Collins of the 144th.

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 474.

Respectfully submitted, Is/ Ed Barker, Chairman
Senator, District 18

TUESDAY, FEBRUARY 16, 1982

843

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

HB 1235. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A bill to amend an Act providing appropriations for the fiscal year 1981-82, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1981-82.

Senator Broun of the 46th moved that the Senate adhere to the Senate substitute to HB 1235 and that a Conference Committee be appointed.

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1235.

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

Senators Allgood of the 22nd, Holloway of the 12th and Broun of the 46th.

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 3:30 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

844

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, February 17, 1982 Twentieth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

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

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

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

HB 1503. By Representative Dixon of the 151st:
A bill to repeal an Act entitled "An Act to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Waycross Public Facilities Authority;".

HB 1538. By Representatives Nix and Isakson of the 20th, Darden of the 19th and others:
A bill to amend Code Chapter 32-9, relating to county boards of educa tion, so as to provide for law enforcement powers for school security per sonnel in counties having a population of not less than 210,000 nor more than 450,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly.

HB 1551. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the offices of receiver and tax collec tor of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner.

HB 1552. By Representatives Darden, Thompson and Wilson of the 19th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief deputy clerk of said court.

WEDNESDAY, FEBRUARY 17, 1982

845

HB 1560. By Representatives Nix and Isakson of the 20th, Wilson of the 19th and others:
A bill to amend an Act creating a board of commissioners for Cobb Coun ty, Georgia, so as to change the provisions relating to meetings of the board of commissioners; to change the provisions relating to duties of the chairman; to change the provisions relating to duties of the board of com missioners.

HB 1564. By Representative Phillips of the 120th:
A bill to amend an Act creating the Board of Commissioners of Mont gomery County, so as to change the provisions relating to the election of members of the Board of Commissioners.

HB 1565. By Representative Phillips of the 120th:
A bill to amend an Act abolishing the offices of tax receiver and tax col lector of Wheeler County and creating the office of tax commissioner, so as to change the provisions relating to the compensation of certain employees of the tax commissioner.

HB 1566. By Representative Phillips of the 120th:
A bill to amend an Act providing for the employment of secretarial help for the Clerk of the Superior Court of Wheeler County, so as to change the provisions relating to the compensation of certain employees of the Clerk.

HB 1567. 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 certain employees of the sheriff.

HB 1568. By Representative Phillips of the 120th:
A bill to amend an Act abolishing the offices of tax receiver and tax col lector of Wheeler County and creating the office of tax commissioner, so as to change the provisions relative to the compensation of the tax com missioner.

HB 1569. By Representative Phillips of the 120th:
A bill to provide for the composition of the Board of Education of Wheeler County; to provide for the election and terms of office of the members of the board; to provide for filling vacancies on the board.

846

JOURNAL OF THE SENATE

HB 1570. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating a board of commissioners for Lowndes County, so as to change the composition and manner of selection of said board.

HB 1406. By Representatives Snow of the 1st, Culpepper of the 98th, Darden of the 19th and others:
A bill to amend the "Child Support Recovery Act", so as to provide that information obtained by the Department of Human Resources may be utilized for locating a parent or child for the purpose of making or enforc ing a child custody determination or in cases of parental kidnapping; to amend the Official Code of Georgia Annotated accordingly.

HB 1218. By Representatives McDonald of the 12th, Watson of the 114th, Kilgore of the 65th and others:
A bill to amend Code Chapter 84-3, relating to architects, so as to change the time of the termination of the State Board for Examination, Qualifica tion, and Registration of Architects and the repeal of the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly.

HB 1490. By Representatives Coleman of the 118th, Hanner of the 130th, Hays of the 1st and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act," so as to provide for the inclusion of certain employees of the Department of Offender Rehabilitation, the State Board of Pardons and Paroles, and county correctional institutions within the definition of the term "peace officer"; to amend the Official Code of Georgia An notated accordingly.

HB 1459. By Representatives Moody of the 138th, Murphy of the 18th, Moore of the 152nd and others:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia An notated, relating to certificates of title to motor vehicles and liens, so as to provide that, with respect to application for first certificate of title, any application rejected shall be returned to the holder of the first security in terest or lien named in the application.

HB 1509. By Representative Castleberry of the lllth:
A bill to amend Georgia Code Section 93-210, relating to the assessment of public service corporation fees in an amount sufficient to cover the operating cost of the Georgia Public Service Commission, so as to clarify the method used to determine the amount of such fees in certain cases; to amend the Official Code of Georgia Annotated accordingly.

WEDNESDAY, FEBRUARY 17, 1982

847

HB 1554. By Representatives Shepard of the 67th and Ramsey of the 3rd:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia An notated, relating to habitual violators, so as to change the definition of the term "habitual violator"; to remove reckless driving from considera tion in determining a habitual violator.

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

HB 732. By Representative Jones of the 126th:
A bill to amend the "Georgia Post Mortem Examination Act," so as to change the maximum and minimum compensation of coroners' jurors.

HB 870. By Representative Richardson of the 52nd:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, so as to change the date on which the provi sions of the Act become effective.

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

HB 1349. By Representatives Coleman of the 118th, Pinkston of the 100th, Hanner of the 130th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia An notated, relating to controlled substances, so as to change the definition of the term "counterfeit substance"; to make it unlawful to manufacture, deliver, distribute, dispense, or sell a noncontrolled substance upon the express or implied representation that the controlled substance is a nar cotic or nonnarcotic controlled substance.

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

HR 634. By Representatives Matthews of the 145th and Collins of the 144th:
A resolution proposing an amendment to the Constitution so as to remove the maximum amount of interest that bonds issued by the Moultrie-Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds bor rowed from financial institutions.

HR 636. By Representative Bray of the 70th:
A resolution proposing an amendment to the Constitution so as to in crease the dollar amount of civil cases over which the Justices of the Peace of Meriwether County shall have jurisdiction and provide for bond requirements.

848

JOURNAL OF THE SENATE

HR 639. By Representatives Smith and Moore of the 152nd, Byrd of the 138th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the Pierce County School District who is 62 years of age or over and whose income from all sources does not exceed $12,000.00 per annum shall be granted an exemption from all Pierce County School District taxes in the amount of $ 10,000.00.

HR 640. By Representatives Smith and Moore of the 152nd:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption in an amount of $4,000.00 from all county and county school ad valorem taxes for residents of Camden County.

HR 674. By Representatives Castleberry of the lllth, Buck of the 95th and others:
A resolution urging the Congress of the United States to continue the Apalachicola-Chattahoochee-Flint Rivers Waterway System.

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

HB 1363. By Representative Galer of the 97th:
A bill to amend an Act establishing a State Board for the Certification of Librarians, to define certain terms.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 681. By Senators Robinson of the 27th, Howard of the 42nd, Starr of the 44th and others:
A bill to amend Chapter 2 of Title 43 of the Official Code of Georgia An notated, relating to review, continuation, and termination of regulatory agencies, so as to provide for performance audits; to provide for responses to certain performance audits; to provide for additional pro cedures relating thereto; to provide effective date.
Referred to Committee on Governmental Operations.

SB 682. By Senators Evans of the 37th and McKenzie of the 14th:
A bill to amend Code Title 43 of the Official Code of Georgia Annotated, so as to regulate behavioral science practitioners; to provide a short title; to provide for legislative intent, purpose, and findings; to provide for definitions; to create the Georgia Behavioral Science Practitioners Licensing Board and provide for its appointment and confirmation, membership, organization, functions, duties, quorum, meetings, rules and regulations, and reimbursement.
Referred to Committee on Governmental Operations.

WEDNESDAY, FEBRUARY 17, 1982

849

SB 683. By Senators Barnes of the 33rd, Sutton of the 9th, Howard of the 42nd and others:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia An notated, relating to the conduct of meetings of state and local govern ment departments, agencies, and authorities, so as to completely revise and supersede said chapter; to provide an effective date.
Referred to Committee on Judiciary.

SB 684. By Senators Engram of the 34th, Starr of the 44th, Gillis of the 20th and others:
A bill to amend Code Chapter 88-3A, relating to public health law inspec tion warrants, so as to change the definition of inspection warrant; to provide for persons who may obtain inspection warrants; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Human Resources.

SB 685. By Senator Kidd of the 25th:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia An notated, known as the Georgia Municipal Election Code, so as to change the provisions relating to the filing of the certified list of qualified voters with the city clerk; to change the procedures for voting by absentee ballot; to provide an effective date.
Referred to Committee on Governmental Operations.

SR 292. By Senators Horton of the 17th and Cobb of the 28th:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption of $20,000.00 from all Henry County School District ad valorem taxes for each resident of the Henry County School District who is 62 years of age or over or who is disabled if his income from all sources does not exceed $12,000.00; to provide for the submis sion of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

SR 293. By Senators Horton of the 17th and Cobb of the 28th:
A resolution proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for persons of Henry County; to provide for submission of this amendment for ratifica tion or rejection.
Referred to Committee on County and Urban Affairs.

850

JOURNAL OF THE SENATE

SR 294. By Senators Horton of the 17th and Cobb of the 28th:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption of $6,000.00 from Henry County ad valorem taxes for each resident of Henry County who is 65 years of age or over or who is disabled if his net income does not exceed $6,000.00; to provide for the submission of this amendment for ratification or rejec tion.
Referred to Committee on County and Urban Affairs.

SR 295. By Senators Stumbaugh of the 55th and Foster of the 50th:
A resolution urging that both state and local boards of education include in their curriculums courses on law-breaking and its legal consequences as a means of crime prevention. Referred to Committee on Education.

SR 296. By Senator Hudgins of the 15th:
A resolution commending Honorable Jack Brinkley and Honorable Mack Mattingly. Referred to Committee on Human Resources.

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

HB 1218. By Representatives McDonald of the 12th, Watson of the 114th, Kilgore of the 65th and others:
A bill to amend Code Chapter 84-3, relating to architects, so as to change the time of the termination of the State Board for Examination, Qualifica tion, and Registration of Architects and the repeal of the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs--GEN.

HB 1349. By Representatives Coleman of the 118th, Pinkston of the 100th, Hanner of the 130th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia An notated, relating to controlled substances, so as to change the definition of the term "counterfeit substance"; to make it unlawful to manufacture, deliver, distribute, dispense, or sell a noncontrolled substance upon the express or implied representation that the substance is a narcotic or nonnarcotic controlled substance.
Referred to Committee on Public Safety.

HB 1363. By Representative Galer of the 97th:
A bill to amend an Act establishing a State Board for the Certification of Librarians, to define certain terms. Referred to Committee on Higher Education.

WEDNESDAY, FEBRUARY 17, 1982

851

HB 1406. By Representatives Snow of the 1st, Culpepper of the 98th, Darden of the 19th and others:
A bill to amend the "Child Support Recovery Act," so as to provide that information obtained by the Department of Human Resources may be utilized for locating a parent or child for the purpose of making or enforc ing a child custody determination or in cases of parental kidnapping; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1459. By Representatives Moody of the 138th, Murphy of the 18th, Moore of the 152nd and Branch of the 137th:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia An notated, relating to certificates of title to motor vehicles and liens, so as to provide that, with respect to application for first certificate of title, any application rejected shall be returned to the holder of the first security in terest or lien named in the application.
Referred to Committee on Transportation.

HB 1490. By Representatives Coleman of the 118th, Hanner of the 130th, Hays of the 1st and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act," so as to provide for the inclusion of certain employees of the Department of Offender Rehabilitation, the State Board of Pardons and Paroles, and county correctional institutions within the definition of the term "peace officer"; to amend the Official Code of Georgia an notated accordingly.
Referred to Committee on Public Safety.

HB 1509. By Representative Castleberry of the 111th:
A bill to amend Georgia Code Section 93-210, relating to the assessment of public service corporation fees in an amount sufficient to cover the operating cost of the Georgia Public Service Commission, so as to clarify the method used to determine the amount of such fees in certain cases; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Public Utilities.

HB 1554. By Representatives Shepard of the 67th and Ramsey of the 3rd:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia An notated, relating to habitual violators, so as to change the definition of the term "habitual violator"; to remove reckless driving from considera tion in determining a habitual violator.
Referred to Committee on Transportation.

852

JOURNAL OF THE SENATE

HB 1503. By Representative Dixon of the 151st:
A bill to repeal an Act entitled "An Act to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Waycross Public Facilities Authority;".
Referred to Committee on County and Urban Affairs.

HB 1538. By Representatives Nix and Isakson of the 20th, Darden of the 19th and others:
A bill to amend Code Chapter 32-9, relating to county boards of educa tion, so as to provide for law enforcement powers for school security per sonnel in counties having a population of not less than 210,000 nor more than 450,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs.

HB 1551. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the offices of receiver and tax collec tor of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 1552. By Representatives Darden, Thompson and Wilson of the 19th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief deputy clerk of said court. Referred to Committee on County and Urban Affairs.

HB 1560. By Representatives Nix and Isakson of the 20th, Wilson of the 19th and others:
A bill to amend an Act creating a board of commissioners for Cobb Coun ty, Georgia, so as to change the provisions relating to meetings of the board of commissioners; to change the provisions relating to duties of the chairman; to change the provisions relating to duties of the board of com missioners.
Referred to Committee on County and Urban Affairs.

HB 1564. By Representative Phillips of the 120th:
A bill to amend an Act creating the Board of Commissioners of Mont gomery County, so as to change the provisions relating to the election of members of the Board of Commissioners. Referred to Committee on County and Urban Affairs.

WEDNESDAY, FEBRUARY 17, 1982

853

HB 1565. By Representative Phillips of the 120th:
A bill to amend an Act abolishing the offices of tax receiver and tax col lector of Wheeler County and creating the office of tax commissioner, so as to change the provisions relating to the compensation of certain employees of the tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 1566. By Representative Phillips of the 120th:
A bill to amend an Act providing for the employment of secretarial help for the Clerk of the Superior Court of Wheeler County, so as to change the provisions relating to the compensation of certain employees of the Clerk.
Referred to Committee on County and Urban Affairs.

HB 1567. 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 certain employees of the sheriff. Referred to Committee on County and Urban Affairs.

HB 1568. By Representative Phillips of the 120th:
A bill to amend an Act abolishing the offices of tax receiver and tax col lector of Wheeler County and creating 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 1569. By Representative Phillips of the 120th:
A bill to provide for the composition of the Board of Education of Wheeler County; to provide for the election and terms of office of the members of the board; to provide for filling vacancies on the board. Referred to Committee on County and Urban Affairs.

HB 1570. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating a board of commissioners for Lowndes County, so as to change the composition and manner of selection of said board.
Referred to Committee on County and Urban Affairs.

854

JOURNAL OF THE SENATE

HR 634. By Representatives Matthews of the 145th and Collins of the 144th:
A resolution proposing an amendment to the Constitution so as to remove the maximum amount of interest that bonds issued by the Moultrie-Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds bor rowed from financial institutions.
Referred to Committee on County and Urban Affairs.

HR 636. By Representative Bray of the 70th:
A resolution proposing an amendment to the Constitution so as to in crease the dollar amount of civil cases over which the Justices of the Peace of Meriwether County shall have jurisdiction and provide for bond requirements.
Referred to Committee on County and Urban Affairs.

HR 639. By Representatives Smith and Moore of the 152nd, and Byrd and Moody of the 138th:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the Pierce County School District who is 62 years of age or over and whose income from all sources does not exceed $12,000.00 per annum shall be granted an exemption from all Pierce County School District taxes in the amount of $ 10,000.00.
Referred to Committee on County and Urban Affairs.

HR 640. By Representatives Smith and Moore of the 152nd:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption in an amount of $4,000.00 from all county and county school ad valorem taxes for residents of Camden County. Referred to Committee on County and Urban Affairs.

HR 674. By Representatives Castleberry of the 111th, Buck of the 95th, Smyre of the 92nd and others:
A resolution urging the Congress of the United States to continue the Apalachicola-Chattachoochee-Flint Rivers Waterway System. Referred to Committee on Natural Resources and Environmental Quality.

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

Mr. President:

The Committee on Banking, Finance & Insurance has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

WEDNESDAY, FEBRUARY 17, 1982

855

SB 593. Do pass by substitute. Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

The 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 1197. Do pass. HB 1230. Do pass. HB 1477. Do pass. HB 1478. Do pass. HB 1487. Do pass. HB 1524. Do pass. HB 1531. Do pass. HB 1571. Do pass. HR 622. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman
Mr. President:

The Committee on Defense and Veterans 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 1200. Do pass.
Respectfully submitted, Senator Thompson of the 32nd District, Chairman
Mr. President:

The Committee on Governmental Operations has had under consideration the following bills and resolution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 619. Do pass by substitute.
SB 655. Do pass.

856

JOURNAL OF THE SENATE

SB 657. Do pass. SB 669. Do pass. SR 270. Do pass. HB 56. Do pass. HB 1302. Do pass. HB 1378. Do pass.

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

Mr. President:

The 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 622. Do pass as amended.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Industry, Labor and Tourism has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 484. Do pass by substitute.
Respectfully submitted,
Senator Ballard of the 45th District, Chairman

Mr. President:

The 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 recommendation:
SB 640. Do pass.
Respectfully submitted,
Senator Ballard of the 45th District, Chairman

WEDNESDAY, FEBRUARY 17, 1982

857

Mr. President:

The 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 570. Do pass. HB 307. Do pass.
Respectfully submitted,
Senator Barnes of the 33rd District, Chairman

Mr. President:

The 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 512. Do pass by substitute. SB 590. Do pass. SB 596. Do pass by substitute. HB 1364. Do pass. HB 1391. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 505. Do pass as amended. SB 644. Do pass. HB 454. Do pass by substitute. HB 455. Do pass by substitute. HB 456. Do pass by substitute. HB 610. Do pass by substitute.
Respectfully submitted,
Senator Wessels of the 2nd District, Chairman

858

JOURNAL OF THE SENATE

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

SB 506. By Senator Land of the 16th:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia An notated, relating to periods of suspension of drivers' licenses, so as to change the period of suspension in cases where a person in violation of Code Section 40-5-55 is the operator of a motor vehicle which is involved in an accident in which any person is killed; to provide an effective date.

SB 623. By Senator Starr of the 44th:
A bill to amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles and providing for other matters relative thereto, as amended, so as to provide for the fee which shall be charged for the filing of certain affidavits; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 627. By Senator Greene of the 26th:
A bill to amend Code Chapter 68A-11, relating to miscellaneous rules of the Uniform Rules of the Road, as amended, so as to add a new Code sec tion specifying the requirements for the towing of vehicles by a nonrigid connection and to provide a penalty for the violation of such re quirements; to amend the Official Code of Georgia Annotated according ly; to provide effective dates.

SB 650. By Senator Barnes of the 33rd:
A bill to amend Code Section 7-1-293 of the Official Code of Georgia An notated, relating to savings banks and state savings and loan associations, so as to remove the provisions subjecting state savings and loan associa tions to the same laws and regulations applicable to commercial banks regarding the establishment and operation of branch banks, bank offices, and bank facilities; to provide an effective date.

SB 658. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a small claims court in Wilkinson County so as to change the provisions relating to the officer who serves as judge of said court; to provide for the appointment of the judge; to provide for terms of office; to provide procedures in connection therewith.

SB 659. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the election of commissioners.

WEDNESDAY, FEBRUARY 17, 1982

859

SB 662. By Senator Lester of the 23rd:
A bill to amend Code Chapter 84-2, known as the "Public Accountancy Act of 1977," as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated according ly; to provide for effective dates.

SB 665. By Senator Bryant of the 3rd:
A bill to amend an Act creating a new charter for the town of Pooler, as amended, so as to provide for an addition of one member to the aldermanic board; to provide an increase in salary paid to the mayor and members of the aldermanic board.

SB 666. By Senator Hudgins of the 15th:
A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, as amended, so as to provide that a person, copartnership, association, trust, corporation, or other legal entity may charge, take, and receive interest and charges at any actuarial rate and amount; to amend the Official Code of Georgia Annotated accordingly.

SB 667. By Senator Reynolds of the 48th:
A bill to amend Code Section 68A-802, relating to maximum lawful vehi cle speeds, so as to change the maximum lawful vehicle speed in con struction or maintenance areas; to provide for the modification of max imum lawful vehicle speeds; to amend the Official Code of Georgia An notated, Section 40-6-181, relating to maximum lawful vehicle speeds, so as to provide therein for the same change described above; to provide ef fective dates.

SB 668. By Senator Reynolds of the 48th:
A bill to amend Code Section 95A-962, relating to powers and duties of Department of Transportation enforcement officers, as amended, so as to provide for powers of enforcement and arrest; to provide for orders or proclamations by the Governor; to provide for emergency powers; to redesignate sections; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 672. By Senators Allgood of the 22nd, Barnes of the 33rd and Evans of the 37th:
A bill to amend Code Chapter 27-25, relating to sentence and executions, as amended, so as to require that the Attorney General and the attorney of record of a convicted person sentenced to death be notified of the date of execution and any changes in that date; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

860

JOURNAL OF THE SENATE

HB 127. By Representatives Watson of the 114th, Kilgore of the 65th and Walker of the 115th:
A bill to amend Code Chapter 56-4, relating to kinds of insurance, so as to provide for the time at which benefits for loss of use of a motor vehicle shall become payable to third parties pursuant to certain insurance policies.

HB 1276. By Representatives Jackson and Wood of the 9th, Castleberry of the 111th and others:
A bill to amend Code Section 68-502, relating to the definition of certain terms pertaining to the regulation of motor contract carriers, so as to pro vide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of corn, soybeans, or soybean meal, or other feed ingredients for livestock or poultry; to amend the Official Code of Georgia Annotated accordingly.

HB 1358. By Representative Lawson of the 9th:
A bill to amend an Act revising the laws relating to subpoenas and like processes, so as to change the amount paid to peace officers for court at tendance; to amend the Official Code of Georgia Annotated accordingly.

HB 1402. By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Dacula, so as to change the provisions relating to qualifications for the office of mayor or council member.

HB 1434. By Representative Parham of the 109th: A bill to create and establish a Small Claims Court of Putnam County.

HB 1438. By Representative Ramsey of the 3rd: A bill to establish the Eton City Court.

HB 1443. By Representative Hanner of the 140th:
A bill to amend an Act creating a Small Claims Court of Terrell County, so as to change the methods of serving process; to provide for certain costs; to provide for certain fees.

HB 1445. By Representative Cox of the 141st:
A bill to amend an Act amending the Housing Authorities Law and pro viding additional members for a housing authority in each city of this state having a population of not less than 10,800 and not more than 11,200, so as to change such population brackets as a result of the 1980 census; to amend the Official Code of Georgia Annotated accordingly.

WEDNESDAY, FEBRUARY 17, 1982

861

HB 1451. By Representative Coleman of the 118th:
A bill to amend an Act creating a new charter for the Town of Chester, so as to change the corporate limits of such town; to provide for the annexa tion of certain state property.

HB 1452. 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 term of office of the judge of said court.

HB 1453. 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 salary of the sheriff.

HB 1454. By Representatives Hooks of the 116th and Castleberry of the 111th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Sumter County, so as to change the compensation of the tax commissioner.

HB 1455. By Representatives Ramsey of the 3rd and Williams and Foster of the 6th:
A bill to provide for a judge of the Superior Court of Whitfield County to sit as the judge of the Juvenile Court of Whitfield County and hear juvenile cases; to provide for the expiration of the term of office of the judge of the Juvenile Court of Whitfield County who was appointed by the judges of the superior court of said 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 1111. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act known as "The Gainesville and Hall County Development Authority Act," so as to provide for additional powers to The Gainesville and Hall County Development Authority.

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

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

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

862

JOURNAL OF THE SENATE

HB 1277. By Representative Home of the 104th:
A bill to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," so as to require the director of the authority to be bonded with a corporate surety.

The report 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 1404. By Representatives Mullinax of the 69th and Ware of the 68th: A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to change the limits of the Downtown LaGrange District.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1416. By Representative Castleberry of the lllth: A bill to amend an Act creating the office of Commissioner of Stewart County, so as to change the compensation of the Commissioner.
The report 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 1417. By Representative Castleberry of the lllth: A bill to amend an Act creating the office of Commissioner of Webster County, so as to change the provisions relative to the expenses of the Commissioner of Webster County.

WEDNESDAY, FEBRUARY 17, 1982

863

The report 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 1418. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of county tax commissioner of Webster County, so as to change the annual salary of said officer.

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

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

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

HB 1428. By Representatives Irvin of the 10th and McDonald of the 12th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Banks County into the office of Tax Commissioner of Banks 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 49, nays 0.

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

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

Allgood Ballard Barker Barnes Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engrarn Evans Fincher of 52nd Foster Garner Gillis Greene Hill Holloway

864
Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

JOURNAL OF THE SENATE

McGill McKenzie Reynolds Robinson Scott
Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Trulock
Turner Tysinger Walker Wessels

Those not answering were Senators Bell and Fincher of 54th.

Senator Dean of the 31st introduced the chaplain of the day, Reverend Jimmy Hatcher, pastor of the First Baptist Church, Rockmart, Georgia, who offered scrip ture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 289. By Senators English of the 21st, McGill of the 24th, Gillis of the 20th and others: A resolution recognizing William M. "Bill" Prichard.

SR 291. By Senators Wessels of the 2nd and Coleman of the 1st: A resolution recognizing and commending the Sisters of Mercy.
SR 297. By Senator Land of the 16th: A resolution commending Kenneth Ray Allison.
SR 298. By Senators Wessels of the 2nd and Coleman of the 1st: A resolution commending the Girl Scouts of the U.S.A. and recognizing the seventieth anniversary of its founding.
SR 300. By Senator Garner of the 30th: A resolution congratulating The Rock Inn Cafe.

Senator Kennedy of the 4th moved that the following bill of the House be withdrawn from the Committee on Offender Rehabilitation and committed to the Committee on Judiciary:

WEDNESDAY, FEBRUARY 17, 1982

865

HB 1167. By Representatives Darden of the 19th and Snow of the 1st:
A bill to amend Code Section 27-2503, relating to presentence hearings in felony cases, so as to provide for mistrials in the sentencing phase of death penalty cases; to provide for all related matters; to amend the Of ficial Code of Georgia Annotated accordingly.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1167 was withdrawn from the Committee on Offender Rehabilitation and committed to the Committee on Judiciary.

SENATE RULES CALENDAR Wednesday, February 17, 1982 TWENTIETH LEGISLATIVE DAY

SB 533. Open Meetings--when public business discussed and quorum expected (SUBSTITUTE) (AMENDMENTS) (GovOp-16th)
SB 534. Open Meetings-attorney-client privilege (SUBSTITUTE) (AMENDMENT) (GovOp--16th)
SB 577. Board of Landscape Architects--continue until certain date (C Aff-39th)
SB 599. Driver's License Suspension--deducting points assessed (Pub Saf-- 46th)
SB 601. Commission on State Growth Policy--provide (SUBSTITUTE) (C&UA-G-31st)
SB 602. Industrialized Buildings--certificate and health, safety standards (AMENDMENT) (C&UA-G-31st)
SB 616. Firms, Corporations, Others Practicing Engineering Servicesregistration (IL&Tou--41st)
SB 617. Professional Engineers, Land Surveyors Regulationadvertisement (IL&Tou--41st)
SB 618. Foreign, Domestic Corporation Registration--provisions (IL&Tou-41st)
SB 632. Sheriffs--provide for bonds of deputies (Pub Saf--31st)
SB 642. Controlled Substance Forfeiture--money for law enforcement purposes (Pub Saf--28th)
SB 643. Used Motor Vehicle Parts Dealers--liability insurance (Pub Saf-- 28th)
SR 259. First Commercial Oil Well in State--reward (IL&Tou--25th)
HB 1160. Registration for Professional Engineers and Land Surveyorscontinue but later terminate (IL&Tou--41st)

866

JOURNAL OF THE SENATE

HB 1161. Community Affairs Department--change purposes, powers, duties (AMENDMENT) (C&UA-G-14th)
HB 1231. Employment Security Law--delete national trigger extended benefits (AMENDMENT) (IL&Tou-45th)
HB 1365. Appropriation to Administrative Services for Fiscal Year 1982-- repeal Act providing (App--46th)
HR 303. Retired Firemen, Policemen Pensions--increase amount (App-- 26th)
SB 566. Mobile Death Chamber--for carrying out sentence in county convicted (AMENDMENT) (Off R-19th)
SR 239. Persons Driving under Influence--State Patrol set up roadblocks (Pub Saf-32nd)
HB 931. Habeas Corpus Proceedings--waiver of rights and effect of waiver (SUBSTITUTE) (Judy-33rd)
HB 1280. Certain Activities Relating to Dogfighting--unlawful (NREQ-- 42nd)
SB 542. Superior Court Judges' Retirement--change provisions on senior judges (AMENDMENT) (Ret-45th)
HB 578. Street Rods--special license plates (Trns--52nd)

Respectfully submitted,
Isl Frank Eldridge Jr, Chairman Senate Rules Committee

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

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.

Senator Bell of the 5th moved that the Senate insist upon the Senate amend ment to HB 55.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 55.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

WEDNESDAY, FEBRUARY 17, 1982

867

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

SB 533. By Senators Land of the 16th, Robinson of the 27th, Barker of the 18th and others:
A bill to amend an Act providing that all meetings of any state depart ment shall be open to the public at all times, as amended, so as to provide that meetings at which public business is to be discussed and at which a quorum of the agency is expected to be present shall be open to the public at all times.
The Senate Committee on Governmental Operations offered the following substitute to SB 533:

A BILL
To be entitled an Act to amend an Act providing that all meetings of any state department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission, or political subdivision of any county, municipality, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, approved March 28, 1972 (Ga. L. 1972, p. 575), as amended, particularly by an Act approved March 31, 1980 (Ga. L. 1980, p. 1254), so as to include the General Assembly within the provisions of said Act; to provide that called, official meetings at which public business is to be discussed and at which a quorum of the agency is ex pected to be present shall be open to the public at all times; to provide for other matters relative thereto; to amend the Official Code of Georgia An notated accordingly; to provide effective dates; to provide for specific repeal on a certain date; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act providing that all meetings of any state depart ment, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, com mission, or political subdivision of any county, municipality, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, approved March 28, 1972 (Ga. L. 1972, p. 575), as amended, particularly by an Act approved March 31, 1980 (Ga. L. 1980, p. 1254), is amended by striking in its entirety subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Section, 'agency' means any State department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, com-

868

JOURNAL OF THE SENATE

mission, or political subdivision of any county, municipal corpora tion, board of education, or other political subdivision and any State or local housing authority. The term 'agency' also means and includes the General Assembly, either house thereof, and committees of both houses."
Section 2. Said Act is further amended by striking subsection (b) of Section 1 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All meetings of any agency at which official actions are to be taken are hereby declared to be public meetings and shall be open to the public at all times. No resolution, rule, regulation, or formal action shall be binding except as taken or made at such meetings. All called, official meetings of any agency at which no formal action is to be taken but at which public business is to be discussed and at which a quorum of the agency is expected to be present are hereby declared to be public meetings and shall be open to the public at all times. Any ac tion contesting a resolution, rule, regulation, or formal action on the ground of noncompliance with this law must be commenced within 90 days of the date the resolution, rule, or regulation was passed or the formal action was taken.''
Part 2
Section 3. Chapter 14 of Title 50 of the Official Code of Georgia An notated, relating to meetings of state departments and agencies, is amended by striking in its entirety subsection (a) of Code Section 50-14-1 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this chapter, 'agency' means any state department, agency, board, bureau, commission, or political subdivision; the governing authority or any department, agency, board, bureau, com mission, or political subdivision of any county, municipal corpora tion, board of education, or other political subdivision; and any state or local housing authority. The term 'agency' also means and includes the General Assembly, either house thereof, and committees of both houses."
Section 4. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 50-14-1 and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) All meetings of any agency at which official actions are to be taken are hereby declared to be public meetings and shall be open to the public at all times. No resolution, rule, regulation, or formal action shall be binding except as taken or made at such meetings. All called, official meetings of any agency at which no formal action is to be taken but at which public business is to be discussed and at which a quorum of the agency is expected to be present are hereby declared to be public meetings and shall be open to the public at all times. Any ac tion contesting a resolution, rule, regulation, or formal action on the ground of noncompliance with this chapter must be commenced within 90 days of the date the resolution, rule, or regulation was pass ed or the formal action was taken."

WEDNESDAY, FEBRUARY 17, 1982

869

Parts
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall 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 declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or un constitutional.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Land of the 16th offered the following amendment:
Amend the substitute to SB 533 offered by the Senate Committee on Governmental Operations by striking from the title, beginning on line 10 of Page 1, the following:
"to include the General Assembly within the provisions of said Act;".
By striking from Part 1, beginning on line 4 of Page 2, the following:
"striking in its entirety subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) As used in this Section, "agency" means any State depart ment, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission, or political subdivision of any county, municipal corporation, board of education, or other political subdivision and any State or local housing authority. The term "agency" also means and includes the General Assembly, either house thereof, and committees of both houses.'
Section 2. Said Act is further amended by".
By renumbering Section 3 on Page 3 as Section 2.
By striking from Part 2, beginning on line 4 of Page 3, the following:
"striking in its entirety subsection (a) of Code Section 50-14-1 and inserting in lieu thereof a new subsection (a) to read as follows:

870

JOURNAL OF THE SENATE

'(a) As used in this chapter, "agency" means any state depart ment, agency, board, bureau, commission, or political subdivision; the governing authority or any department, agency, board, bureau, commission, or political subdivision of any county, municipal cor poration, board of education, or other political subdivision; and any state or local housing authority. The term "agency" also means and includes the General Assembly, either house thereof, and committees of both houses.'
Section 4. Said chapter is further amended''.
By renumbering Sections 5, 6, and 7 on Page 4 as Sections 3, 4, and 5, respectively.

Senator Land of the 16th offered the following amendment: Amend the substitute to SB 533 offered by the Senate Committee on
Governmental Operations by striking from the title, beginning on line 12 of Page 1, the following:
"called, official". By striking from line 25 of Page 2 the following:
"called, official". By striking from line 27 of Page 3 the following:
"called, official".
Senator Kidd of the 25th moved that SB 533 be committed to the Committee on Governmental Operations.
Senator Land of the 16th moved the previous question.
Senator Kidd of the 25th moved that SB 533 be placed on the Table.
Senator Holloway of the 12th, President Pro Tempore, who was presiding, rul ed that the motion offered by Senator Kidd of the 25th to table SB 533 takes precedence.
On the motion offered by Senator Kidd of the 25th to table SB 533, Senator Holloway of the 12th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

WEDNESDAY, FEBRUARY 17, 1982

871

Those voting in the affirmative were Senators:

Allgood Bowen Broun of 46th Brown of 47th Bryant Coleman English Fincher of 54th

Hill Hudgins Kennedy Kidd Lester Littlefield McGill McKenzie

Scott Starr Stephens Summers Timmons Turner Wessels

Those voting in the negative were Senators:

Ballard Barker Barnes Bond Brannon Brantley
Cobb Coverdell Deal Dean

Eldridge Engram Evans Fincher of 52nd Foster Garner Greene Horton Howard Hudson

Land Reynolds Robinson Stumbaugh Sutton Tate Thompson Trulock Tysinger

Those not voting were Senators:

Bell Gillis

Holloway (presiding)

Walker

On the motion, the yeas were 23, nays 29; the motion was lost, and SB 533 was not placed on the Table.

On the motion offered by Senator Land of the 16th for the previous question, the next motion in precedence, the yeas were 17, nays 22; the motion was lost, and the previous question was not ordered.

On the motion offered by Senator Kidd of the 25th to commit SB 533 to the Committee on Governmental Operations, the next motion in precedence, Senator Land of the 16th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bowen Broun of 46th Brown of 47th Bryant

Coleman English Fincher of 54th Horton Hudgins

Kennedy Kidd Lester Littlefield McGill

872

JOURNAL OF THE SENATE

McKenzie Scott Starr

Stephens Timmons Turner

Walker Wessels

Those voting in the negative were Senators:

Barker Barnes
Bond Brannon Brantley Cobb Coverdell
Deal Dean Eldridge

Engram Evans
Fincher of 52nd Foster Garner Greene H iU
Howard Hudson Land

Reynolds Robinson
Stumbaugh Summers Sutton Tate Thompson
Trulock Tysinger

Those not voting were Senators:

Ballard Bell

Gillis

Holloway (presiding)

On the motion, the yeas were 23, nays 29; the motion was lost, and SB 533 was not committed to the Committee on Governmental Operations.

On the adoption of the first amendment offered by Senator Land of the 16th, Senator Land of the 16th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Brannon Brantley Coverdell Dean

Eldridge Evans Fincher of 52nd Fincher of 54th Foster Greene Hill

Howard Land Scott Stumbaugh Sutton Thompson Trulock

Those voting in the negative were Senators:

Allgood Broun of 46th Brown of 47th Bryant Cobb Coleman

Deal English Engram Garner Gillis Horton

Hudgins Hudson Kennedy Kidd Lester Littlefield

WEDNESDAY, FEBRUARY 17, 1982

873

McGill McKenzie Reynolds Robinson Starr

Stephens Summers Tate Timmons

Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell

Bowen

Holloway (presiding)

On the adoption of the amendment, the yeas were 22, nays 31, and the amend ment was lost.

On the adoption of the second amendment offered by Senator Land of the 16th, Senator Land of the 16th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Brannon Brantley

Coverdell Dean Eldridge Evans Foster Greene

Hill Howard Land Stumbaugh Sutton Tate

Those voting in the negative were Senators:

Broun of 46th Brown of 47th Bryant Cobb Coleman Deal English Engram Fincher of 52nd Fincher of 54th Garner Gillis

Horton Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson

Scott Starr Stephens Summers Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Bell

Bowen

Holloway (presiding)

874

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 18, nays 34, and the amend ment was lost.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

The report of the committe, 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 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:

Bell Holloway (presiding)

Summers

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh 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 by substitute.
Senator McGill of the 24th introduced the doctor of the day, Dr. Weems Pennington, of Lincolnton, Georgia.

WEDNESDAY, FEBRUARY 17, 1982

875

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 1344. By Representatives Kemp of the 139th and Oliver of the 121st:
A bill to amend Code Section 24-2919, relating to staff for district at torneys, so as to provide that certain prior state employment of an assis tant district attorney shall be considered as prior employment as an assis tant district attorney for purposes of computing his or her compensation; to amend the Official Code of Georgia Annotated accordingly.

HB 1410. By Representatives Bishop of the 94th and Hamilton of the 31st:
A bill to amend Code Section 34-610, relating to the location of main of fice of board of registrars and registration of electors at main office and at other designated locations, so as to provide that certain places open to and frequented by the general public shall be deemed as appropriate per manent or temporary voter registration places; to amend the Official Code of Georgia Annotated accordingly.

HB 1499. By Representative Colwell of the 4th:
A bill to amend Code Section 91-1 lOa, relating to the authority of the State Properties Commission to execute written contracts, so as to pro vide that a locational, dimensional, and directional sketch acceptable to the commission may be included in an application to lease state-owned lands; to amend the Official Code of Georgia Annotated accordingly.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, an nounced 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 general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 534. By Senators Land of the 16th, Robinson of the 27th, Barker of the 18th and others:
A bill to amend an Act providing that all meetings of any state depart ment shall be open to the public at all times, as amended, so as to change the provisions relating to the attorney-client privilege; to amend the Of ficial Code of Georgia Annotated accordingly.

876

JOURNAL OF THE SENATE

The Senate Committee on Governmental Operations offered the following substitute to SB 534:

A BILL
To be entitled an Act to amend an Act providing that all meetings of any state department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission, or political subdivision of any county, municipality, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, approved March 28, 1972 (Ga. L. 1972, p. 575), as amended, particularly by an Act approved March 31, 1980 (Ga. L. 1980, p. 1254), so as to include the General Assembly within the provisions of said Act; to change the provisions relating to the attorney-client privilege; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal on a certain date; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act providing that all meetings of any state depart ment, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, com mission, or political subdivision of any county, municipality, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, approved March 28, 1972 (Ga. L. 1972, p. 575), as amended, particularly by an Act approved March 31, 1980 (Ga. L. 1980, p. 1254), is amended by striking in its entirety subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Section, 'agency' means any State department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, com mission, or political subdivision of any county, municipal corpora tion, board of education, or other political subdivision and any State or local housing authority. The term 'agency' also means and includes the General Assembly, either house thereof, and committees of both houses."
Section 2. Said Act is further amended by striking subsection (a) of Section 3 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) the attorney-client privilege recognized by Georgia law, but the attorney-client relationship shall not be used as a pretext for clos ing a meeting which is otherwise subject to the provisions of subsec tion (b) of Section 1 of this Act;".

WEDNESDAY, FEBRUARY 17, 1982

877

Part 2
Section 3. Chapter 14 of Title 50 of the Official Code of Georgia An notated, relating to meetings of state departments and agencies, is amended by striking in its entirety subsection (a) of Code Section 50-14-1 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this chapter, 'agency' means any state department, agency, board, bureau, commission, or political subdivision; the governing authority or any department, agency, board, bureau, com mission, or political subdivision of any county, municipal corpora tion, board of education, or other political subdivision; and any state or local housing authority. The term 'agency' also means and includes the General Assembly, either house thereof, and committees of both houses."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 50-14-2 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) This chapter shall not be construed so as to repeal in any way:
(1) The attorney-client privilege recognized by state law, but the attorney-client relationship shall not be used as a pretext for closing a meeting which is otherwise subject to the provisions of subsection jc) of Code Section 50-14-1 of this chapter; and
(2) Those tax matters which are otherwise made confidential by state law."
Parts
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall 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 declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or un constitutional.
Section 7. All laws and parts of laws in conflict witb this Act are repealed.

878

JOURNAL OF THE SENATE

Senator Land of the 16th offered the following amendment:
Amend the substitute to SB 534 offered by the Senate Committee on Governmental Operations by striking from the title, beginning on line 10 of Page 1, the following:
"to include the General Assembly within the provisions of said Act;".
By striking in its entirety Section 1, beginning on line 20 of Page 1 and continuing through line 14 of Page 2.
By striking from Section 2, beginning on line 15 of Page 2, the follow ing;
"Said Act is further'',
and inserting in lieu thereof the following;
"An Act providing that all meetings of any state department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, com mission, or political subdivision of any county, municipality, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, approved March 28, 1972 (Ga. L. 1972, p. 575), as amended, particularly by an Act approved March 31, 1980 (Ga. L. 1980, p. 1254), is".
By striking in its entirety Section 3, beginning on line 24 of Page 2 and continuing through line 7 of Page 3.
By striking from Section 4 on line 8 of Page 3 the following:
"Said chapter is further",
and inserting in lieu thereof the following:
"Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to meetings of state departments and agencies, is".
By striking in its entirety Section 6 on Page 4.
By renumbering the four sections of the bill remaining after the above amendments as Sections 1 through 4.

Senator Land of the 16th asked unanimous consent to withdraw the amend ment; the consent was granted.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

WEDNESDAY, FEBRUARY 17, 1982

879

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 Bond Brannon Brantley Broun of 46th Cobb Coverdell Dean

Eldridge Fincher of 52nd Foster Garner Gillis Hill Howard Kennedy Land

Those voting in the negative were Senators:

Allgood Barnes

Deal Greene

Those not voting were Senators:

Bell Bowen Brown of 47th Bryant Coleman English Engram Evans

Fincher of 54th Holloway Horton Hudgins Hudson Kidd McGill Robinson

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

On the passage of the bill, the yeas were 27, nays 5.

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

Senator Land of the 16th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 534.

SB 577. By Senators Bond of the 39th and McGill of the 24th:
A bill to amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, as amended, so as to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

880

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 Bond Brannon Brantley Broun of 46th Cobb Coverdell Deal Dean

Eldridge Engram Evans Fincher of 52nd Foster Garner Gillis Greene Horton Hudgins Kennedy

Those voting in the negative were Senators:

Littlefield Stumbaugh

Sutton

Land Lester McGill McKenzie Reynolds Scott Starr Stephens Thompson Turner Tysinger
Trulock

Those not voting were Senators:

Bell Bowen Brown of 47th Bryant Coleman English

Fincher of 54th Hill Holloway Howard Hudson Kidd

Robinson Summers Tate Timmons Walker Wessels

On the passage of the bill, the yeas were 34, nays 4.
The bill, having received the requisite constitutional majority, was passed.
SB 599. By Senator Broun of the 46th: A bill to amend Code Section 68B-307, relating to the authority of the Department of Public Safety, to suspend or revoke licenses, as amended, so as to require the Department of Public Safety to deduct any points assessed against an individual under certain circumstances; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

WEDNESDAY, FEBRUARY 17, 1982

881

Senator Broun of the 46th moved that SB 599 be committed to the Committee on Public Safety.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 599 was committed to the Committee on Public Safety.

SB 601. By Senators Dean of the 31st, McKenzie of the 14th and Bell of the 5th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a Georgia Commission on State Growth Policy; to provide a short title; to provide for findings and purpose; to provide for functions and duties of the commission; to provide for intergovernmental relations; to provide for meetings and hearings; to provide for an executive director and other staff.

The Senate Committee on County and Urban Affairs offered the following substitute to SB 601:
A BILL
To be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a Georgia Commission on State Growth Policy; to provide a short title; to provide for findings and purpose; to provide for functions and duties of the commission; to provide for intergovernmental relations; to provide for meetings and hearings; to provide for an executive director and other staff; to provide for funds; 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. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding immediately follow ing Chapter 20 a new chapter, to be designated Chapter 21, to read as follows:
"CHAPTER 21
50-21-1. This chapter shall be known and may be cited as the 'Georgia Commission on State Growth Policy Act.'
50-21-2. (a) The General Assembly finds and declares that there is a need for an official body to:
(1) Advise the executive and legislative branches of state govern ment on the roles of state and local governments in the provision of orderly growth and development in our state;
(2) Study problems and recommend solutions concerning in tergovernmental aspects of governmental structure, finance, func tions, and relationships at the local, regional, state, and interstate levels;

882

JOURNAL OF THE SENATE

(3) Establish a regular system of reporting to state and local public officials on the progress of Georgia and its political subdivi sions toward meeting their intergovernmental responsibilities;
(4) Encourage and recommend methods of effective and efficient delivery of services where necessary and economically feasible at the state and local levels through services integration and combination of complementary services delivery functions; and
(5) Advise the executive and legislative branches of state govern ment and other interested parties on intergovernmental relations.
(b) It is the purpose of this chapter to improve coordination and cooperation among the state and its local governments, to give proper attention to the preservation of Georgia's natural and human resources, and to promote improvements within the intergovernmen tal system to assure cost effectiveness in the delivery of governmental services to the people of Georgia.
50-21-3. (a) There is created a Georgia Commission on State Growth Policy. The commission shall be assigned to the Department of Community Affairs for administrative purposes. The commission shall be composed of 15 members as follows: two members of the Senate appointed by the President of the Senate; two members of the House of Representatives appointed by the Speaker of the House of Representatives; and eleven members appointed by the Governor, three of whom shall be elected city officials and three of whom shall be elected county officials.
(b) Members of the General Assembly shall be appointed to terms which correspond to their terms of office. Members appointed by the Governor shall be appointed to four-year terms; provided, however, with respect to the initial appointments, two members shall be ap pointed for a one-year term, three members for a two-year term, three members for a three-year term, and three members for a four-year term.
(c) If a representative of the counties or of the cities or a legislator ceases to be an officer or a member of the unit he is appointed to represent, his membership on the commission shall terminate im mediately and there will be a vacancy in the membership. Within 30 days, such vacancy shall be filled in the manner of the regular ap pointment; and the person so appointed shall serve only to the end of the unexpired term and until his successor is appointed and qualified. All members may be reappointed.
(d) The commission shall elect a chairman and a vice-chairman and such other officers as it may deem necessary. The chairman and the vice-chairman shall serve for one year and may be reelected. If both the chairman and the vice-chairman are absent at any meeting, the voting members present shall elect a temporary chairman by a majority vote.

WEDNESDAY, FEBRUARY 17, 1982

883

(e) The presiding officers of the General Assembly shall be guid ed in their appointments by consideration of the legislator's expertise, interest, and experience, including legislative committee service in the field of intergovernmental relations.
(f) Eight members of the commission shall constitute a quorum.
50-21-4. (a) The commission shall:
(1) Serve as a forum for the discussion and study of intergovern mental problems, focusing on intergovernmental relations, growth and development of the state fiscal policies, service delivery, and the relations between urban and rural areas;
(2) Examine proposed and existing federal and state programs, assess their impact upon the state and its political subdivisions, and provide for such assessments and recommendations, when ap propriate, to the General Assembly, the Governor, or any other group, public or private, whose activities affect intergovernmental relations;
(3) Encourage the coordination of studies relating to intergovern mental relations conducted by universities; state, local, and federal agencies; and research and consulting organizations;
(4) Issue annual reports of its findings and recommendations to be transmitted to the Governor and the presiding officer of each house of the General Assembly not less than 30 days prior to the convening of each regular session of the General Assembly. Such report shall set forth the reasons and supporting data for each recommendation and shall, if appropriate, include draft legislation to implement such recommendations;
(5| Issue special or interim reports on special subjects as it may deem appropriate; and
(6) Give careful study to tax equity issues as related to the state and local governments and file a report with the Governor and the General Assembly no later than December 1, 1983.
(b| The commission is authorized to apply for, contract for, receive, and expend for its purposes any appropriations or grants from the state or its political subdivisions, the federal government, or any other source, public or private.
50-21-5. In its role of examining growth, development, and in tergovernmental issues, the commission shall coordinate and cooperate with the Department of Community Affairs and any other agency or activity concerned with intergovernmental relationships.
50-21-6. (a) The commission shall hold meetings quarterly and at such other times as it deems necessary, except that the first meeting shall be at the call of the Governor. The commission may hold hear ings from time to time on matters that it deems to be in the public in terest. Such meetings and hearings shall be public.

884

JOURNAL OF THE SENATE

(b) Each officer, board, commission, council, department, or agency of state government and each political subdivision of the state shall, when not inconsistent with any law, rule, or regulation regard ing confidentiality, make available facts, records, information, and data requested by the commission and in all ways cooperate with the commission in carrying out the functions and duties imposed by this chapter.
(c) The commission may establish committees as it deems ad visable and feasible, the membership of which may or may not be made up, in whole, from members of the commission.
(d) The commission shall promulgate rules of procedure govern ing its operations.
50-21-7. The commission shall utilize the staff and resources of the Georgia Department of Community Affairs in accordance with that department's responsibilities as contained in Chapter 8 of Title 50. The commissioner of community affairs, or his designee, shall serve as staff coordinator of the commission.
50-21-8. In addition to state and federal funds appropriated to the commission, political subdivisions of the state are authorized to ap propriate funds to the commission to share in the cost of operations."
Section 2. This Act shall become effective November 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Brannon
Brantley Broun of 46th Brown of 47th
Cobb Coleman

Deal Dean Eldridge Engram Evans
Fincher of 52nd Foster Garner
Gillis Greene

Hill Holloway Horton Howard Hudgins
Kennedy Kidd Land
Lester McGill

WEDNESDAY, FEBRUARY 17, 1982

885

McKenzie Reynolds Robinson Scott

Starr Stephens Stumbaugh Sutton

Those not voting were Senators:

Bell Bond
Bowen
Bryant Coverdell

English Fincher of 54th
Hudson
Littlefield Summers

Thompson Trulock Turner Tysinger
Tate Timmons Walker Wessels

On the passage of the bill, the yeas were 42, nays 0.

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

SB 602. By Senators Dean of the 31st, McKenzie of the 14th and Bell of the 5th: A bill to amend Chapter 2 of Title 8 of the Official Code of Georgia An notated, relating to standards and requirements for the construction and alteration of buildings and other structures, so as to provide for the cer tification of industrialized buildings and for the establishment of uniform health and safety standards and inspection procedures for industrialized buildings; to provide an effective date.
Senators Dean of the 31st and McKenzie of the 14th offered the following amendment:
Amend SB 602 by deleting on lines 28, 29, 30 and 31 of Page 2, after the following:
"site.",
the following:
"With the exception of temporary structures, an industrialized building shall not depend upon its floor system for support during transportation."
By deleting on line 25 of Page 3, after the following: "is",

886

JOURNAL OF THE SENATE

the following: "manufactured'',
And inserting in lieu thereof the following: "sold, offered for sale''.
By deleting on line 24 of Page 7, after the following: "assign",
the following: "regulatory",
And inserting in lieu thereof the following: "inspection".
By deleting on line 2 of Page 9, after the following: "effective",
the following: "November 1, 1982",
And inserting in lieu thereof the following: "Upon approval by the Governor or upon its becoming law
without his approval".

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 Bond Brannon Brantley

Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean

Eldridge Engram Evans Fincher of 52nd Foster Garner Gillis

WEDNESDAY, FEBRUARY 17, 1982

887

Greene Horton Howard Hudgins Kennedy Kidd Land
Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr

Stephens Stumbaugh Sutton Thompson Trulock Turner Tysinger

Those not voting were Senators:

Bell Bowen Bryant English Fincher of 54th

Hill Holloway Hudson Summers

Tate Timmons Walker Wessels

On the passage of the bill, the yeas were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 602.
The following bills of the House were read the first time and referred to com mittees:
HB 1344. By Representatives Kemp of the 139th and Oliver of the 121st: A bill to amend Code Section 24-2919, relating to staff for district at torneys, so as to provide that certain prior state employment of an assis tant district attorney shall be considered as prior employment as an assis tant district attorney for purposes of computing his or her compensation; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.
HB 1410. By Representatives Bishop of the 94th and Hamilton of the 31st: A bill to amend Code Section 34-610, relating to the location of main of fice of board of registrars and registration of electors at main office and at other designated locations, so as to provide that certain places open to and frequented by the general public shall be deemed as appropriate per manent or temporary voter registration places; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Governmental Operations.

888

JOURNAL OF THE SENATE

HB 1499. By Representative Colwell of the 4th:
A bill to amend Code Section 91-110a, relating to the authority of the State Properties Commission to execute written contracts, so as to pro vide that a locational, dimensional, and directional sketch acceptable to the commission may be included in an application to lease state-owned lands; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Public Utilities.

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

SB 616. By Senator Tysinger of the 41st:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia An notated, relating to professional engineers and land surveyors, so as to provide for the registration of all firms, corporations, professional cor porations, partnerships, associations, or other entites practicing or offer ing to practice professional engineering services in the state of Georgia.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Brannon Brantley Cobb Coleman Coverdell Deal Dean Eldridge Engram

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

McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Trulock Turner Tysinger

Voting in the negative was Senator Littlefield.

WEDNESDAY, FEBRUARY 17, 1982

889

Those not voting were Senators:

Bell Bowen Broun of 46th Brown of 47th Bryant

English Gillis Hudson Land McKenzie

Tate Timmons Walker Wessels

On the passage of the bill, the yeas were 41, nays 1.

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

SB 617. By Senator Tysinger of the 41 st:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia An notated, relating to the regulation of professional engineers and land surveyors, so as to prohibit the use of certain words for advertisement purposes; to provide a penalty; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes 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
Gillis Greene Hill Holloway
Horton Howard Kennedy Kidd Lester

Littlefield McGill McKenzie Reynolds Robinson
Scott Stephens Summers Sutton
Tate Thompson Trulock Turner Tysinger

890

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Bell Bond Bowen English

Hudgins Hudson Land Starr

Stumbaugh Timmons Walker Wessels

On the passage of the bill, the yeas were 43, nays 0.

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

SB 632. By Senators Dean of the 31st, Timmons of the llth, Bowen of the 13th and others:
A bill to amend Code Chapter 24-28, relating to sheriffs, as amended, so as to provide for bonds of deputies; to amend Code Chapter 89-4, relating to official bonds, as amended, so as to change the provisions relating to bonds of deputies of public officials; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes 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 Gillis Hill Holloway Horton
Howard Kennedy Kidd Land Lester
Littlefield

McGill Reynolds Robinson Scott
Starr Stephens Stumbaugh Summers Sutton
Tate Thompson Trulock Turner Tysinger

WEDNESDAY, FEBRUARY 17, 1982

891

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Bell Bond Bowen English

Greene Hudgins Hudson McKenzie

Timmons Walker Wessels

On the passage of the bill, the yeas were 44, nays 1.

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

SB 642. By Senators Cobb of the 28th, Deal of the 49th, Bowen of the 13th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures with respect to controlled substances, so as to provide that money and currency which is forfeited or which is realized from the sale or disposition of forfeited property and paid into the county treasury shall only be expended by the county for law en forcement purposes; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell
Deal Dean Eldridge
Engram Fincher of 52nd

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

McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Sutton Tate
Thompson Trulock Turner
Tysinger

892

JOURNAL OF THE SENATE

Voting in the negative were Senators Ballard and Brown of 47th.

Those not voting were Senators:

Bell Bond
Bowen English

Evans Horton
Hudson Stumbaugh

Timmons Walker Wessels

On the passage of the bill, the yeas were 43, nays 2.

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

SB 643. By Senators Cobb of the 28th, Thompson of the 32nd and Hill of the 29th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia An notated, relating to used motor vehicles parts dealers, dismantlers, rebuilders, and salvage dealers, so as to change the provisions relative to liability insurance requirements which must be shown in applications for licenses to operate as a dealer under said chapter; to provide an effec tive 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant
Cobb Coleman Coverdell
Deal Dean Eldridge

English Engram Fincher of 52nd Foster Garner Gillis Greene Hill Howard Hudgins
Kennedy Kidd Land
Lester Littlefield

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

WEDNESDAY, FEBRUARY 17, 1982

893

Those not voting were Senators:

Bell Bond Evans Fincher of 54th

Holloway Horton Hudson

Summers Timmons Wessels

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

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

The following 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 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 U.S., and political subdivisions thereof.

The Speaker has appointed on the part of the House the following members thereof: Representatives Greer of the 43rd, Robinson of the 58th and Adams of the 36th.

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

SR 259. By Senator Kidd of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the amount of the reward which the General Assembly is authorized to pro vide to the first person, firm, or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this state; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

894

JOURNAL OF THE SENATE

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section VIII, Paragraph XII of the Constitution is amended by striking subparagraph 3. in its entirety and inserting in lieu thereof a new subparagraph 3. to read as follows:

"3. The General Assembly is authorized to provide by law for the payment of $500,000.00 to the first person, firm or corporation, or combination thereof, which puts down and brings in the first com mercial oil well in this State. Such well must produce at least 100 bar rels of oil per day, and the determination as to whether such well is producing this amount is hereby vested in the Commissioner of Natural Resources. Said law shall provide for the distribution of said amount as the General Assembly may by statute provide between the company or individual who drills or causes to be drilled said well, the contractor who furnishes the equipment, among such workmen and employees actually engaged in the job, and to the mineral and/or property owner where the well is drilled. The General Assembly shall provide for the method of payment by the Governor."

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 change the amount of the reward which the General Assembly is authorized to provide for the first person, firm, or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this state from $250,000.00 to $500,000.00?"

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

Brannon Brantley Broun of 46th

Brown of 47th Cobb Coleman

WEDNESDAY, FEBRUARY 17, 1982

895

Coverdell Deal Dean Eldridge English Fincher of 52nd Foster Garner Gillis Greene Hill Holloway

Howard Hudgins Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson Scott

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Bryant

Engram

Land

Those not voting were Senators:

Bell Bond Bowen

Evans Fincher of 54th Horton

Hudson Timmons Wessels

On the adoption of the resolution, the yeas were 43, nays 4.
The resolution, having received the requisite two-thirds constitutional major ity, was adopted.
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 3:00 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

896

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, February 18, 1982 Twenty-first Legislative Day

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.

Senator Robinson of the 27th moved that the Senate reconsider its action of February 17 in defeating the following bill of the Senate:

SB 534. By Senators Land of the 16th, Robinson of the 27th, Barker of the 18th and others:
A bill to amend an Act providing that all meetings of any state depart ment shall be open to the public at all times, as amended, so as to change the provisions relating to the attorney-client privilege; to amend the Of ficial Code of Georgia Annotated accordingly.

On the motion, the yeas were 31, nays 2; the motion prevailed, and SB 534 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:

HB 1575. By Representatives Colwell and Twiggs of the 4th:
A bill to provide an annual salary for the Tax Commissioner of Union County in lieu of all fees.

HB 1576. By Representatives Colwell and Twiggs of the 4th:
A bill to provide an annual salary for the Clerk of the Superior Court of Union County in lieu of fees.

THURSDAY, FEBRUARY 18, 1982

897

HB 1577. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and pro viding an annual salary for said officer, so as to change the provisions relative to the compensation of said officer.

HB 1578. 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 relating to the compensation of the sheriff.

HB 1593. By Representatives Richardson of the 52nd, Hawkins of the 50th, Clark of the 55th and others:
A bill to amend an Act incorporating the City of Avondale Estates, so as to change the corporate limits of said city.

HB 1594. By Representatives Richardson of the 52nd, Hawkins of the 50th, Clark of the 55th and others:
A bill to amend an Act incorporating the City of Avondale Estates, so as to change the corporate limits of said city.

HB 1596. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Dawson County on an annual salary, so as to change the method of determining the annual salary of the deputy clerk of the superior court and the clerk of the probate court.

HB 1274. By Representative Jones of the 126th:
A bill to amend Code Chapter 88, relating to public health, so as to change the provisions relating to examinations in emergency receiving facilities; to amend the Official Code of Georgia Annotated accordingly.

HB 1557. By Representative Lee of the 72nd:
A bill to amend Code Chapter 91A-53, relating to motor vehicle license fees and tags, so as to provide for temporary registration permits; to amend the Official Code of Georgia Annotated accordingly.

HB 1413. By Representative Pinkston of the 100th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Department of Administrative Services, so as to provide for a bond for the director of the fiscal division; to provide for the general duties of the fiscal division.

898

JOURNAL OF THE SENATE

HB 1074. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act known as the "Physician's Assistant Act," so as to provide for physicians to supervise more than two physician's assistants in certain circumstances.

HB 1534. By Representative Marcus of the 26th:
A bill to amend the "Children and Youth Act," so as to provide for analyses of goals to reduce the number of certain children in foster care; to amend the Official Code of Georgia Annotated accordingly.

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

HR 619. By Representative Jones of the 126th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to Union Camp Cor poration, a Virginia corporation authorized to do business in Georgia, its successors and assigns, a mineral lease pertaining to certain property owned or claimed by the state, situate in the Savannah River, Chatham County, Georgia.

HR 657. By Representatives Bargeron of the 83rd and Evans of the 84th:
A resolution proposing an amendment to the Constitution so as to permit the General Assembly to authorize local taxing jurisdictions in Jefferson County to grant discounts for early payment of ad valorem taxes.

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

HB 1153. By Representatives Hanner of the 130th, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Code Section 26-2907, relating to exemptions from the provisions of Code Section 26-2901, relating to carrying a concealed weapon, Code Section 26-2902, relating to the carrying of deadly weapons at public gatherings; to amend the Official Code of Georgia An notated accordingly.

HB 1087. By Representatives Darden, Wilson and Thompson of the 19th:
A bill to add one additional judge of the superior courts of the Cobb Judicial Circuit of Georgia; to provide for the election of such judge and his successors.

THURSDAY, FEBRUARY 18, 1982

899

The House disagreed to the Senate amendment to the following bills of the House:

HB 1110. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Ground Water Use Act of 1972," so as to change provisions relative to exemptions from said Acts.

HB 1109. By Representatives Phillips of the 120th, Dobbs of the 74th, Crawford of the 5th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide for monitoring, recording, and reporting certain informa tion regarding the withdrawal of water from surface waters for certain ir rigation systems.

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

SB 686. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to amend an Act creating a system of public schools for the City of Marietta, as amended, so as to change the time at which members of the board of education are appointed. Referred to Committee on County and Urban Affairs.

SB 687. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to amend an Act reincorporating the City of Marietta in Cobb County and creating a new charter for said city, as amended, so as to change the date for holding certain elections; to change the time at which the mayor protem is appointed; to change the time at which one member of the board of lights and waterworks is appointed; to provide for judges of the municipal court and a solicitor of the city court.
Referred to Committee on County and Urban Affairs.

SB 688. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to be known as the "South Cobb Development Authority Act"; to create the "South Cobb Development Authority"; to provide the powers and duties of the authority, including the power to issue revenue bonds; to define the area of operations of the authority within Cobb County; to declare the purposes of the authority to develop and trade, commerce, and industry; to provide an effective date.
Referred to Committee on County and Urban Affairs.

900

JOURNAL OF THE SENATE

SB 689. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia An notated, known as the Georgia Election Code, so as to provide for the ap pointment, compensation, and duties of chief deputy registrars; to pro vide for each applicant to complete two registration cards and for the registrar of the municipality under certain circumstances; to change the procedures for voting by absentee ballot; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 690. By Senator Littlefield of the 6th:
A bill to amend an Act abolishing the present mode of compensating the sheriff of Brantley County known as the fee system and placing him on a salary, as amended, so as to change the provisions relating to personnel and equipment of the sheriff's office; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 691. By Senator Littlefield of the 6th:
A bill to amend an Act placing the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Brantley County upon an annual salary, as amended, so as to change the provisions relating to personnel of said officers; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 692. 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 the provisions relating to the com pensation of the sheriff and deputies and other personnel of the sheriff; to change the provisions relating to automobiles and other expenses for the sheriff's office; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 693. By Senator Sutton of the 9th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for certain penalties; to provide for certain actions in the superior courts; to provide for attorney's fees; to provide for other mat ters relative to the foregoing; to provide an effective date.
Referred to Committee on Judiciary.

SB 694. By Senator Evans of the 37th:
A bill creating the Board of Commissioners of Fulton County, as amend ed, so as to revise commissioner districts for the election of certain members of the board of commissioners; to provide for the election of the chairman of the board of commissioners; to provide for other matters relative to the foregoing; to provide effective dates.
Referred to Committee on County and Urban Affairs.

THURSDAY, FEBRUARY 18, 1982

901

SB 695. By Senator Bryant of the 3rd:
A bill to amend Code Section 44-6-190 of the Official Code of Georgia An notated, relating to joint and other tenancies, so as to provide for the creation of tenancies by the entirety; to provide for survivorship; to pro hibit such tenancies from being liable for the debts of one tenant; to pro vide an effective date.
Referred to Committee on Special Judiciary.

SB 696. By Senators Robinson of the 27th and Barker of the 18th:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia An notated, relating to certificates of title, security interests, and liens, so as to change certain penalty provisions; to provide an effective date. Referred to Committee on Special Judiciary.

SB 697. By Senators Fincher of the 54th, Garner of the 30th, Dean of the 31st and others:
A bill to amend Code Section 20-3-391 of the Official Code of Georgia An notated, relating to the student incentive grant program, so as to provide that students attending certain accredited proprietary schools be eligible for student incentive grants; to provide for a definition; to provide an ef fective date.
Referred to Committee on Higher Education.

SB 698. By Senator Foster of the 50th:
A bill to create a new charter for the City of Dahlonega in the County of Lumpkin; to provide for incorporation; to provide for corporate boun daries; to provide for specific and general powers and the construction and exercise thereof; to provide for a governing body, its form and members, their terms, qualifications, compensation and expenses; to provide for vacancy, forfeiture, filling of vacancy, prohibitions, inquiries and investigations.
Referred to Committee on County and Urban Affairs.

SB 699. By Senators Greene of the 26th, Barnes of the 33rd, Bowen of the 13th and others:
A bill to amend Code Section 68A-903, relating to homicide by vehicle, as amended, so as to change the provisions relating to homicide by vehicle; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Special Judiciary.

902

JOURNAL OF THE SENATE

SR 299. By Senator Sutton of the 9th:
A resolution recognizing and commending the Senate Reapportionment Committee and especially its Chairman for their tireless efforts toward a just and equal redistricting of State Senatorial and Congressional districts.
Referred to Committee on Rules.

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

HB 1074. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act known as the "Physician's Assistant Act," so as to provide for physicians to supervise more than two physician's assistants in certain circumstances. Referred to Committee on Human Resources.

HB 1274. By Representative Jones of the 126th:
A bill to amend Code Chapter 88, relating to public health, so as to change the provisions relating to examinations in emergency receiving facilities; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Human Resources.

HB 1413. By Representative Pinkston of the 100th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Department of Administrative Services, so as to provide for a bond for the director of the fiscal division; to provide for the general duties of the fiscal division.
Referred to Committee on Governmental Operations.

HB 1534. By Representative Marcus of the 26th:
A bill to amend the "Children and Youth Act," so as to provide for analyses of goals to reduce the number of certain children in foster care; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Human Resources.

HB 1557. By Representative Lee of the 72nd:
A bill to amend Code Chapter 91A-53, relating to motor vehicle license fees and tags, so as to provide for temporary registration permits; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Transportation.

THURSDAY, FEBRUARY 18, 1982

903

HB 1575. By Representatives Colwell and Twiggs of the 4th:
A bill to provide an annual salary for the Tax Commissioner of Union County in lieu of all fees. Referred to Committee on County and Urban Affairs.

HB 1576. By Representatives Colwell and Twiggs of the 4th:
A bill to provide an annual salary for the Clerk of the Superior Court of Union County in lieu of fees. Referred to Committee on County and Urban Affairs.

HB 1577. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and pro viding an annual salary for said officer, so as to change the provisions relative to the compensation of said officer.
Referred to Committee on County and Urban Affairs.

HB 1578. 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 relating to the compensation of the sheriff.
Referred to Committee on County and Urban Affairs.

HB 1593. By Representatives Richardson of the 52nd, Hawkins of the 50th, Clark of the 55th and others:
A bill to amend an Act incorporating the City of Avondale Estates, so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 1594. By Representatives Richardson of the 52nd, Hawkins of the 50th, Clark of the 55th and others:
A bill to amend an Act incorporating the City of Avondale Estates, so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 1596. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Dawson County on an annual salary, so as to change the method of determining the annual salary of the deputy clerk of the superior court and the clerk of the probate court.
Referred to Committee on County and Urban Affairs.

904

JOURNAL OF THE SENATE

HR 619. By Representative Jones of the 126th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to Union Camp Cor poration, a Virginia corporation authorized to do business in Georgia, its successors and assigns, a mineral lease pertaining to certain property owned or claimed by the state, situate in the Savannah River, Chatham County, Georgia.
Referred to Committee on Public Utilities.

HR 657. By Representatives Bargeron of the 83rd and Evans of the 84th:
A resolution proposing an amendment to the Constitution so as to permit the General Assembly to authorize local taxing jurisdictions in Jefferson County to grant discounts for early payment of ad valorem taxes. Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following bills and resolution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
HB 1355. Do pass. HB 1518. Do pass. HB 1519. Do pass. SR 286. Do pass.
Respectfully submitted, Senator McGill of the 24th District, Chairman

Mr. President:
The Committee on Appropriations 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 663. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman

THURSDAY, FEBRUARY 18, 1982

905

Mr. President:
The 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 613. Do pass. SB 680. Do pass. SR 283. Do pass. HB 616. Do pass. HB 1202. Do pass. HB 1447. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:
The Committee on Human Resources 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 603. Do pass. * SB 606. Do pass.
SB 620. Do pass. HB 686. Do pass by substitute. HB 1223. Do pass. HB 1251. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:
The, 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 514. Do pass as amended. HB 1384. Do pass.
Respectfully submitted, Senator Timmons of the 11th District, Chairman

906

JOURNAL OF THE SENATE

Mr. President:

The 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:

SR 250. SR 281. HB 1400. HR 577.

Do pass. Do pass. Do pass. Do pass by substitute.

Respectfully submitted, Senator Brown of the 47th District, Chairman

Mr. President:
The Committee on Rules 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 280. Do pass. HR 519. Do pass.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

Mr. President:
The Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 629. Do pass by substitute.
Respectfully submitted, Senator Wessels of the 2nd District, Chairman
The following bills and resolutions of the Senate and House were read the sec ond time:

SB 484. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 114-1, relating to construction and opera tion of the Workers' Compensation Law, so as to change the conditions under which employees and their representatives have other rights and remedies against certain third-party tortfeasors; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for severability.

THURSDAY, FEBRUARY 18, 1982

907

SB 505. By Senator Land of the 16th:
A bill to amend Article 1 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgement in civil cases, so as to provide that when the parties consent to a judgement the court shall render judgement without the verdict of a jury; to provide an effective date.

SB 512. By Senator Hudgins of the 15th:
A bill to amend Chapter 3 of Title 27 of the Official Code of Georgia, relating to wildlife generally, so as to prohibit the use of certain trapping devices in the municipalities of this state; to provide a penalty.

SB 570. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to traffic violations bureaus, so as to provide that the procedure, conditions, and requirements applicable to traffic violations bureaus shall be applicable to traffic laws and ordinances; to specify the offenses over which bureaus and courts have jurisdiction under this article; to provide for exceptions; to provide an effective date.

SB 590. By Senators Cobb of the 28th, Walker of the 19th, English of the 21st and others:
A bill to amend Code Section 45-527, relating to alligator hides, skins, and products, so as to authorize the transportation, possession, and sale of alligator hides, skins, or products from alligators lawfully possessed, taken, or acquired and to require retention of documentation proving the place of origin of any such hides, skins, or meat; to amend the Official Code of Georgia Annotated accordingly.

SB 593. By Senator Scott of the 43rd:
A bill to amend Code Section 56-2419, relating to construction of in surance policies, so as to provide that no other laws shall be construed to abrogate any insurer's rights or duties under policies of insurance or pro visions of policies of insurance which have been approved by the In surance Commissioner of the State of Georgia; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates.

SB 596. By Senator Greene of the 26th:
A bill to amend Code Section 45-502, relating to night hunting, as amend ed, so as to require that certain security interest holders be notified of and be permitted to defend in certain actions relating to confiscation and seizure of property used in night hunting; to protect such security in terests; to amend the Official Code of Georgia Annotated accordingly.

908

JOURNAL OF THE SENATE

SB 619. By Senators Howard of the 42nd and Kidd of the 25th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia An notated, relating to general provisions regarding licensure of professions and businesses, so as to repeal specifically certain provisions relating to veterans' preference points upon examinations given by state examining boards; to provide for definitions; to provide for Senate confirmation of appointees to state examining boards.

SB 622. By Senator Barker of the 18th:
A bill to amend an Act entitled "The Economic Rehabilitation Act of 1975", so as to clarify the purpose of said Act; to change the definition of certain terms; to change the provisions relative to the administration of certain community service programs; to clarify certain provisions relative to available funds and the allocation of such funds; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 640. By Senator Ballard of the 45th:
A bill to amend Code Section 114-607a, relating to the termination and withdrawal of members participating in group self-insurance funds for workers' compensation purposes, so as to clarify the provisions relating to involuntary termination of a member; to amend the Official Code of Georgia Annotated accordingly; to make a certain editorial revision in the Official Code of Georgia Annotated; to provide effective dates.

SB 644. By Senators Wessels of the 2nd and Coleman of the 1 st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia An notated, relating to bonds and recognizances, so as to change the provi sions relating to proceedings for forfeiture of bonds or recognizances; to provide that judgement of forfeiture shall not be entered in cases where the defendant has not been brought to trial for a period of three years; to provide an effective date.

SB 655. By Senator Kidd of the 25th:
A bill to amend Code Section 24-2823, relating to sheriff's fees, as amended, so as to change certain fees of the sheriffs; to amend the Of ficial Code of Georgia Annotated accordingly; to provide for automatic repeal of certain provisions of this Act.

SB 657. By Senators Robinson of the 27th, Littlefield of the 6th, Barker of the 18th and.others:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create a Joint Committee for Review of Administration Rules; to provide for the powers, duties, authority, practices and procedures of the committee; to provide for the appointment of members; to provide for officers; to provide for the suspension of rules and regulations; to provide for employees; to provide an effective date.

THURSDAY, FEBRUARY 18, 1982

909

SB 669. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to provide that certain motor vehicle tag registra tion and certificate of title records shall be available for inspection by tax collectors, tax receivers, or tax commissioners; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.

SR 270. By Senators Brannon of the 51st, Garner of the 30th, Eldridge of the 7th and others:
A resolution designating the "Georgia Coroners Manual" as the official operating manual for coroners in the State of Georgia.

HB 56. By Representatives Steinberg of the 46th, Fuller of the 27th, Holmes of the 39th and others:
A bill to amend Code Chapter 34-6, relating to registration of electors, so as to change certain rules for determining residence of persons desiring to register to vote.

HB 307. By Representatives Richardson of the 52nd, Steinberg of the 46th, Galer of the 97th and Couch of the 43rd:
A bill to amend Code Chapter 79-4, relating to domicile, so as to provide for the domicile of married persons.

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 1197. By Representatives Rowland of the 119th, Coleman of the 118th, Lord of the 105th and others:
A bill to amend an Act creating the Dublin Judicial Circuit, so as to pro vide that certain grand juries of counties in that circuit may serve and be convened for a second consecutive term of court.

HB 1200. By Representatives Richardson of the 52nd, Wood of the 9th, Hays of the 1st and others:
A bill to amend Code Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new Code Chapter 30, relating to reports on veterans exposed to Agent Orange.

910

JOURNAL OF THE SENATE

HB 1230. By Representatives Nicholson of the 88th, Padgett of the 86th, Swann of the 90th and others:
A bill to amend an Act providing for a board of elections in certain coun ties and for other purposes, so as to change the population bracket of the counties to which the Act applies.

HB 1302. By Representative Lucas of the 102nd:
A bill to amend Code Chapter 34-4, relating to election superintendents, so as to require the superintendent to furnish copies of certain records to the public; to amend the Official Code of Georgia Annotated accordingly.

HB 1364. By Representatives Phillips of the 120th and Ginsberg of the 122nd:
A bill to amend an Act entitled "The Act Providing for the Review, Con tinuation, Reestablishment, or Termination of Regulatory Agencies." so as to delete from terminating agencies the State Board of Registration for Foresters; to amend the Official Code of Georgia accordingly.

HB 1378. By Representatives Hawkins of the 50th, Ginsberg of the 122nd, Bray of the 70th and others:
A bill to amend an Act designating public and legal holidays in the State of Georgia, so as to provide conditions under which requests.

HB 1391. By Representatives Lambert of the 112th, Argo of the 63rd, Phillips of the 120th and Dobbs of the 74ath:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia An notated, relating to waste management, so as to enact into law the Southeast Interstate Low-Level Radioactive Waste Management Com pact.

HB 1477. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Wilcox County on an annual salary, so as to change the compensation of the sheriff.

HB 1478. By Representatives Chambless of the 131st, McCollum of the 134th, White of the 132nd 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 compen sation of the judge of that court.

HB 1487. By Representatives Mostiler and Fortune 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, Georgia, so as to change the fees for filing ac tions therein.

THURSDAY, FEBRUARY 18, 1982

911

HB 1524. By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and the solicitor of said court.

HB 1531. By Representatives Scott of the 123rd, Hill of the 127th, Phillips of the 125th and others:
A bill to amend an Act providing for a board of elections in each county of this state having a population of more than 170,000 and less than 195,000 persons according to the 1970 United States decennial census or any future such census, so as to change the population requirements of said Act.

HB 1571. By Representatives Chambless of the 131st and Hutchinson of the 133rd:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts; to clarify that elections and terms under the changed districts shall remain the same as under these district as formerly described.

HR 622. By Representative Jackson of the 77th:
A resolution proposing an amendment to the Constitution so as to in crease jurisdiction of civil cases over which the Justices of the Peace of Columbia County shall have jurisdiction.

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 658. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a small claims court in Wilkinson County so as to change the provisions relating to the officer who serves as judge of said court; to provide for the appointment of the judge; to provide for terms of office; to provide procedures in connection therewith.

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

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

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

912

JOURNAL OF THE SENATE

SB 659. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to 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 48, nays 0.

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

SB 665. By Senator Bryant of the 3rd:
A bill to amend an Act creating a new charter for the town of Pooler, as amended, so as to provide for an addition of one member to the aldermanic board; to provide an increase in salary paid to the mayor and members of the aldermanic board.

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

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

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

HB 1402. By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Dacula, so as to change the provisions relating to qualifications for the office of mayor or 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 1434. By Representative Parham of the 109th: A bill to create and establish a Small Claims Court of Putnam County.

THURSDAY, FEBRUARY 18, 1982

913

The report 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 1438. By Representative Ramsey of the 3rd: A bill to establish the Eton City 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 1443. By Representative Hanner of the 140th:
A bill to amend an Act creating a Small Claims Court of Terrell County, so as to change the methods of serving process; to provide for certain costs; to provide for 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 48, nays 0.

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

HB 1445. By Representative Cox of the 141st:
A bill to amend an Act amending the Housing Authorities Law and pro viding additional members for a housing authority in each city of this state having a population of not less than 10,800 and not more than 11,200, so as to change such population brackets as a result of the 1980 census; to amend the Official Code of Georgia Annotated accordingly.

The report 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.

914

JOURNAL OF THE SENATE

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

HB 1451. By Representative Coleman of the 118th:
A bill to amend an Act creating a new charter for the Town of Chester, so as to change the corporate limits of such town; to provide for the annexaction of certain state property.

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

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

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

HB 1452. 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 term of 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 48, nays 0.

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

HB 1453. 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 salary of the sheriff.

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

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

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

HB 1454. By Representatives Hooks of the 116th and Castleberry of the 111th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Sumter County, so as to change the compensation of the tax commissioner.

THURSDAY, FEBRUARY 18, 1982

915

The report 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 1455. By Representatives Ramsey of the 3rd and Williams and Foster of the 6th:
A bill to provide for a judge of the Superior Court of Whitfield County to sit as the judge of the Juvenile Court of Whitfield County and hear juvenile cases; to provide for the expiration of the term of office of the judge of the Juvenile Court of Whitfield County who was appointed by the judges of the superior court of said county.

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

On the passage of the bill, the yeas were 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
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge

English Engram Evans Fincher of 54th Foster Garner Greene Hill
Horton Hudgins Kennedy Kidd Land Lester Littlefield McGill

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

Those not answering were Senators:

Ballard Dean Fincher of 52nd

Gillis Holloway Howard

Hudson Tate

916

JOURNAL OF THE SENATE

Senator Wessels of the 2nd introduced the chaplain of the day, Dr. Cecil Hodges, pastor of Bible Baptist Church, Savannah, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 301. By Senator Tate of the 38th: A resolution commending the Collections of Life & Heritage, Inc.

SR 302. By Senator Wessels of the 2nd: A resolution commending Dr. Cecil Hodges.

SR 303. By Senator McGill of the 24th:
A resolution commending William E. "Bubber" Wilkes and inviting him to appear before the Senate.

Senator McGill of the 24th introduced William E. "Bubber" Wilkes of Watkinsville, Georgia, to the Senate.

SENATE RULES CALENDAR Thursday, February 18, 1982 TWENTY-FIRST LEGISLATIVE DAY

HR 303. Retired Firemen, Policemen Pensions--increase amount (App-- 26th)
HB 1276. "Motor Carrier"--not include vehicles transporting corn, soybeans, other feed ingredients (Trns--24th)
SB 623. Abandoned Motor Vehicles--fee for filing of certain affidavits (AMENDMENT) (Trns-44th)
SB 666. Interest on Loans Secured by Secondary Security Deeds--regulate (SUBSTITUTE) (BF&I-15th)
SB 662. Board of Accountancy--continue but later terminate (BF&I--23rd)
HB 1161. Community Affairs Department--change purposes, powers, duties (AMENDMENT) |C&UA-G-14th)
SB 506. Driver's License Suspension--period change when person killed (SJudy-16th)
SB 566. Mobile Death Chamber--for carrying out sentence in county convicted (AMENDMENT) (Off R-19th)
SB 618. Foreign, Domestic Corporation Registration--provisions (IL&Tou--41st)

THURSDAY, FEBRUARY 18, 1982

917

SB 650. State Savings and Loan Associations--not subject to laws of commercial banks (BF&I--33rd)
SR 239. Persons Driving under Influence--State Patrol set up roadblocks (Pub Saf-32nd)
SB 667. Maximum Vehicle Speed in Construction, Maintenance Areaschange (Trns--48th)
HB 578. Street Rods--special license plates (Trns--52nd)
HB 1358. Court Attendance by Peace Officers--change amount paid (SJudy-6th)
HB 931. Habeas Corpus Proceedings--waiver of rights and effect of waiver (SUBSTITUTE) (Judy-33rd)
HB 1160. Registration for Professional Engineers and Land Surveyorscontinue but later terminate (IL&Tou--41st)
HB 127. Auto Insurance--payments for loss of use (SUBSTITUTE) (BF&I-- 15th)
SB 672. Death Sentence--notify attorney general, attorney of record of date of execution (S Judy--22nd)
HB 455. Shareholders--right of dissent from amendment of articles of incorporation (SUBSTITUTE) (S Judy--2nd)
HB 454. Corporate Takeovers--takeover bids directed at joint-stock associations (SUBSTITUTE) (SJudy-2nd)
HB 1365. Appropriation to Administrative Services for Fiscal Year 1982-- repeal Act providing (App--46th)

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

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 303. By Representatives Home of the 104th, Pinkston of the 100th, Lucas of the 102nd and Birdsong of the 103rd:
Senate Sponsor: Senator Greene of the 26th.

A RESOLUTION
Proposing an amendment to the Constitution, so as to increase the amount of the pensions paid to certain retired firemen or policemen; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

918

JOURNAL OF THE SENATE

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article X, Section I, Paragraph V of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Any other provision of this Constitution to the contrary not withstanding, any retired fireman or policeman who was a member of the Firemen and Police Pension Fund of the City of Macon, as provid ed for in Section 70 of an Act establishing a charter for the City of Macon, approved August 3, 1927 (Ga. Laws 1927, p. 1283), as amend ed, particularly by an Act approved March 9, 1939 (Ga. Laws 1939, p. 1149), and an Act approved February 17, 1949 (Ga. Laws 1949, p. 759) and who was receiving a pension prior to July 1, 1969, under the pro visions of Section 70 of said Act, shall hereafter receive a pension in an amount two times the amount such fireman or policeman is receiv ing from the City of Macon on the date this amendment is ratified. The increase provided for herein shall not exceed $125.00 per month. The payment and receipt of such pension shall be as provided in Sec tion 70 of said Act. The provisions of this paragraph shall not apply to or increase the pension of any fireman or policeman who is receiving on the effective date of this amendment a pension greater than $250.00 per month."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the amount of the pensions paid to certain retired firemen or
[ ] NO policemen?"
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 Bond Bowen

Brannon Brantley Broun of 46th

THURSDAY, FEBRUARY 18, 1982

919

Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge Evans Foster Gillis Greene

Hill Horton Hudgins Kennedy Kidd Land Lester McGill McKenzie Reynolds Robinson

Those not voting were Senators:

Ballard Dean English Engram Fincher of 52nd

Fincher of 54th Garner Holloway Howard Hudson

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

On the adoption of the resolution, the yeas were 42, nays 0.

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

HB 1276. By Representatives Jackson and Wood of the 9th, Castleberry of the 111th and others:
A bill to amend Code Section 68-502, relating to the definition of certain terms pertaining to the regulation of motor contract carriers, so as to pro vide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of corn, soybeans, or soybean meal, or other feed ingredients for livestock or poultry; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator McGill of the 24th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bell Bond

Bowen Brannon Brantley
Broun of 46th Brown of 47th

Bryant Cobb Coleman
Deal Eldridge

920

JOURNAL OF THE SENATE

Engram Evans Foster Garner Gillis Hill Horton Hudgins Kennedy

Kidd Land Littlefield McGill McKenzie Reynolds Robinson Scott Starr

Stephens Summers Sutton Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Coverdell
Dean English Fincher of 52nd

Fincher of 54th Greene
Holloway Howard Hudson

Lester Stumbaugh
Tate Timmons

On the passage of the bill, the yeas were 42, nays 0.

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

SB 623. By Senator Starr of the 44th:
A bill to amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles and providing for other matters relative thereto, as amended, so as to provide for the fee which shall be charged for the filing of certain affidavits; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

The Senate Committee on Transportation offered the following amendment:

Amend SB 623 by striking on Page 2, line 15, the following: "$2.00",
and inserting in lieu thereof the following: "$5.00".
By striking from line 33 of Page 3 the following: "$2.00",
and inserting in lieu thereof the following: "$5.00".

THURSDAY, FEBRUARY 18, 1982

921

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

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

Engram Evans Foster Garner Gillis Greene Hill Hollo way Horton Howard Hudgins Kennedy Kidd Lester Littlefield

Those not voting were Senators:

Ballard Barnes Dean English

Fincher of 52nd Fincher of 54th Hudson Land

On the passage of the bill, the yeas were 44, nays 0.

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

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

Senator Coverdell of the 40th introduced the doctor of the day, Dr. Gail Anderson, of Atlanta, Georgia.

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

922

JOURNAL OF THE SENATE

SB 666. By Senator Hudgins of the 15th:
A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, as amended, so as to provide that a person, copartnership, association, trust, corporation, or other legal entity may charge, take, and receive interest and charges at any actuarial rate and amount; to amend the Official Code of Georgia Annotated accordingly.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 666:

A BILL
To be entitled an Act to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential prop erty subject to a prior lien or security deed, approved March 16, 1966 (Ga. L. 1966, p. 574), as amended, so as to provide that a person, copart nership, association, trust, corporation, or other legal entity may charge, take, and receive interest and charges at any actuarial rate and amount and in any manner of repayment agreed upon by the parties for a loan of $5,000.00 or more amount financed as the term "amount financed" is defined by the federal Truth in Lending Act; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia An notated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, approved March 16, 1966 (Ga. L. 1966, p. 574), as amended, is amended by striking Section 1 in its entirety and in serting in lieu thereof a new Section 1 to read as follows:
"Section 1. No person, copartnership, association, trust, corpora tion or other legal entity shall directly or indirectly charge, take or receive for a loan of less than $5,000.00 amount financed, as the term 'amount financed' is defined by the federal Truth in Lending Act, secured in whole or in part by a security deed, mortgage, or other security instrument, other than a first security deed, first mortgage or other security instrument, on residential real estate improved by the construction thereon of housing consisting of four or less family dwelling units, executed by an individual or individuals, a rate of charge, as herein defined, in addition to interest at a rate hereinafter authorized, whether payable directly to the lender or to a third party in connection with such loan, which in the aggregate is greater than 10 per cent, of the principal amount of the loan as hereinafter defined: Provided that where the stated principal sum of the indebtedness is $1,500 or less, the rate of charge may exceed said 10 per cent, but shall not be greater than $50: Provided, that if a renewal or additional

THURSDAY, FEBRUARY 18, 1982

923

loan shall be made to the same borrower within 36 months after the original loan, or after the previous renewal or additional loan, the bor rower shall receive a rebate from the previously charged rate of charge in accordance with the Standard Rule of 78 based upon a 36month term regardless of the actual term of the original loan, renewal thereof, or additional loan. The borrower shall further have the right to anticipate payment of his debt in whole or in part at any time and shall receive a rebate of the unearned interest, which rebate shall be computed in accordance with the Standard Rule of 78. The aggregate of the amount or value actually received at the time of the loan, plus the aforesaid rate of charge, plus the sum of all existing indebtedness of the borrower paid on his behalf by the lender, shall be deemed the principal amount of the loan."
Section 2. Said Act is further amended by striking subsection (d) of Section 2 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Notwithstanding the method used for the computation of in terest, on a loan of less than $5,000.00 amount financed, as the term 'amount financed' is defined by the federal Truth in Lending Act, in terest may be charged on the principal amount of the loan as hereinbefore defined at the rate authorized and computed in ac cordance with the provisions of Code Section 57-116 relating to in terest on loans to be repaid in weekly, monthly, quarterly, semian nual or yearly installments, as it now exists or may hereafter be amended."
Section 3. Said Act is further amended by striking Section 4 in its en tirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Any person, copartnership, association, trust, corpora tion, or any other legal entity making on its own behalf, or as agent, broker, or in other representative capacity on behalf of any other per son, copartnership, association, trust, corporation, or any other legal entity, a loan or real property financing transaction secured by a secondary security deed on real estate within the regulatory authority of this Chapter, whether lawfully or unlawfully, at the time of the closing shall furnish the debtor or borrower or grantor in the security deed mortgage, deed of trust, or any other security instrument, a com plete and itemized closing statement which shall show in detail all costs which are defined as a 'charge' in subsection (a) of Section 2 or agreed upon under Section 4A, together with any interest charges, and the disposition of the principal of the loan or security transaction, and the said detailed closing statement shall be signed by the lending agency or a representative of the lending agency, or a responsible of ficer, in its behalf, and a completed and signed additional copy retain ed in the files of the lending agency involved and available at all reasonable times to the borrower, the borrower's successor in interest to the security real property, or the authorized agent of the borrower or the borrower's successor, until such time as the security instru ment shall be satisfied in full."
Section 4. Said Act is further amended by adding a new Section 4A immediately following Section 4 to read as follows:

924

JOURNAL OF THE SENATE

"Section 4A. Notwithstanding the provisions of other laws to the contrary, on loans of $5,000.00 or more, a person, copartnership, association, trust, corporation, or other legal entity may charge, take, and receive interest and charges at any actuarial rate and amount and in any manner of repayment agreed upon by the parties for a loan of $5,000.00 or more amount financed, as that term is defined by the federal Truth in Lending Act, if said loan is secured in whole or in part by security deed, mortgage, or other security instrument, other than a first security deed, first mortgage, or other security instrument, on residential real estate improved by the construction thereon of hous ing consisting of four or less family dwelling units, executed by an in dividual or individuals. The claim or defense of usury by any bor rower under this Section or his successor or anyone on his behalf is prohibited."
Part 2
Section 5. Article 2 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to residential second mortgages, is amended by striking Code Section 7-4-31 in its entirety and inserting in lieu thereof a new Code Section 7-4-31 to read as follows:
"7-4-31. No person, copartnership, association, trust, corporation, or other legal entity shall, directly or indirectly, charge, take, or receive for a loan of less than $5,000.00 amount financed, as the term 'amount financed' is defined by the federal Truth in Lending Act, secured in whole or in part by a security deed, mortgage, or other security instrument, other than a first security deed, first mortgage, or other first security instrument, on residential real estate improved by the construction thereon of housing consisting of four or fewer family dwelling units, executed by an individual or individuals, a rate of charge as defined in Code Section 7-4-30 in addition to interest at a rate authorized in Code Section 7-4-32, whether payable directly to the lender or to a third party in connection with such loan, which in the aggregate is greater than 10 percent of the principal amount of the loan as defined in this Code section; provided, however, that, where the stated principal sum of the indebtedness is $1,500.00 or less, the rate of charge may exceed said 10 percent but shall not be greater than $50.00; provided, further, that, if a renewal or additional loan shall be made to the same borrower within 36 months after the original loan or after the previous renewal or additional loan, the borrower shall receive a rebate from the previously charged rate of charge in ac cordance with the Standard Rule of 78 based upon a 36 month term regardless of the actual term of the original loan, renewal thereof, or additional loan. The borrower shall further have the right to anticipate payment of his debt in whole or in part at any time and shall receive a rebate of the unearned interest, which rebate shall be computed in ac cordance with the Standard Rule of 78. The aggregate of the amount or value actually received at the time of the loan, plus the aforesaid rate of charge, plus the sum of all existing indebtedness of the bor rower paid on his behalf by the lender, shall be deemed the principal amount of the loan."

THURSDAY, FEBRUARY 18, 1982

925

Section 6. Said article is further amended by striking subsection (d) of Code Section 7-4-32 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Notwithstanding the method used for the computation of in terest, on loans of less than $5,000.00 amount financed, as the term 'amount financed' is defined by the federal Truth in Lending Act, in terest may be charged on the principal amount of the loan as defined in this article at the rate authorized and computed in accordance with Code Section 7-4-4, relating to interest on loans to be repaid in weekly, monthly, quarterly, semiannual, or yearly installments, as it now ex ists or may hereafter be amended."
Section 7. Said article is further amended by striking Code Section 7-4-34 in its entirety and inserting in lieu thereof a new Code Section 7-4-34 to read as follows:
"7-4-34. Any person, copartnership, association, trust, corpora tion, or other legal entity making on its own behalf, or as agent or broker or in other representative capacity on behalf of any other per son, copartnership, association, trust, corporation, or other legal enti ty, a loan or real property financing transaction secured by a secon dary security deed on real estate within the regulatory authority of this article, whether lawfully or unlawfully, at the time of the closing shall furnish the debtor or borrower or grantor in the security deed, mortgage, deed of trust, or any other security instrument a complete and itemized closing statement, which shall show in detail all costs which are included in 'rate of charge' as defined in Code Section 7-4-30, or agreed upon under Code Section 7-4-34.1, together with any interest charges, and the disposition of the principal of the loan or security transaction. The said detailed closing statement shall be sign ed by the lending agency or a representative of the lending agency, or a responsible officer, in its behalf. A completed and signed additional copy shall be retained in the files of the lending agency involved and available at all reasonable times to the borrower, the borrower's suc cessor in interest to the security real property, or the authorized agent of the borrower or the borrower's successor until such time as the security instrument shall be satisfied in full."
Section 8. Said article is further amended by adding a new Code Sec tion 7-4-34.1 immediately following Code Section 7-4-34 to read as follows:
"7-4-34. Notwithstanding the provisions of other laws to the con trary, on loans of $5,000.00 or more, a person, copartnership, associa tion, trust, corporation, or other legal entity may charge, take, and receive interest and charges at any actuarial rate and amount and in any manner of repayment agreed upon by the parties for a loan of $5,000.00 or more amount financed, as that term is defined by the federal Truth in Lending Act, if said loan is secured in whole or in part by security deed, mortgage, or other security instrument, other than a first security deed, first mortgage, or other security instrument, on residential real estate improved by the construction thereon of hous ing consisting of four or less family dwelling units, executed by an in-

926

JOURNAL OF THE SENATE

dividual or individuals. The claim or defense of usury by any bor rower under this Code section or his successor or anyone on his behalf is prohibited."
Parts
Section 9. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c| Part 2 of this Act shall become effective on November 1, 1982.
Section 10. All laws and parts of laws in conflict with this Act are 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Deal Eldridge English Engram

Fincher of 54th Foster Garner Greene Hill Holloway Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

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

Voting in the negative were Senators Evans and Howard.

THURSDAY, FEBRUARY 18, 1982

927

Those not voting were Senators:

Ballafd Bowen Coleman

Dean Fincher of 52nd Gillis

Timmons Wessels

On the passage of the bill, the yeas were 46, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Bell of the 5th moved that the Senate adhere to the Senate amendment to HB 55, and that a Conference Committee be appointed.
On the motion, the yeas were 28, nays 1; the motion prevailed, and the Senate adhered to the Senate amendment to HB 55.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Scott of the 43rd, Dean of the 31st and Bell of the 5th.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 662. By Senator Lester of the 23rd: A bill to amend Code Chapter 84-2, known as the "Public Accountancy Act of 1977," as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated according ly; to provide for effective dates.

928

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 Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Coverdell Deal Eldridge English

Engram Evans Fincher of 54th Foster Garner Greene Hill Horton Howard Hudgins Kennedy Kidd Lester Littlefield McGill

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

Those not voting were Senators:

Ballard Cobb Coleman Dean

Fincher of 52nd Gillis Holloway Hudson

Land Timmons Walker

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following 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:

THURSDAY, FEBRUARY 18, 1982

929

HB 1549. By Representatives Rowland of the 119th, Baugh of the 108th and Parhamof the 109th:
A bill to amend an Act relating to the control licensing, and operation of clinical laboratories, so as to require licensure of specimen collection sta tions; to define specimen collection stations; to provide for licensure of specimen collection stations as part of state licensed parent laboratories; to amend the Official Code of Georgia Annotated accordingly.

HB 1323. By Representative Phillips of the 59th:
A bill to amend Code Section 16-12-1 of the Official Code of Georgia An notated, relating to contributing to the delinquency, unruliness, or deprivation of a minor unlawful.

HB 1373. By Representatives Reaves of the 147th, Veazey of the 146th, Balkcom of the 140th and others:
A bill to amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, so as to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Official Code of Georgia Annotated according-

HB 1450. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia An notated, relating to imputable negligence in tort cases, so as to provide for liability of parents and persons in loco parentis for damage to public school property willfully or maliciously caused by children.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 510. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 21st and others:
A resolution to amend Resolution Act No. 1, adopted at the 1981 Extraor dinary Session of the General Assembly, which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982, so as to make a technical change regarding the pardon or parole of persons convicted of armed robbery and delete certain references to earned time.

930

JOURNAL OF THE SENATE

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 591. By Senators Lester of the 23rd, Turner of the 8th and Holloway of the 12th:
A bill to amend Code Section 22-608, relating to voting of shares, as amended, so as to provide for the voting of shares of a corporation held by a subsidiary of such corporation in a fiduciary capacity; to amend the Official Code of Georgia Annotated accordingly.
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 1161. By Representatives Isakson of the 20th, Adams of the 36th, Johnson of the 66th and others:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia An notated, relating to the Department of Community Affairs, so as to change the purposes, powers and duties of said department; to change the membership and duties of a certain advisory committee; to provide for boundary changes of area planning and development commissions.
Senate Sponsor: Senator McKenzie of the 14th.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1161 by adding on line 5 of Page 1, after the following: "committee",
the following: "and to provide for the call of special meetings thereof".
By adding on line 9 of Page 3, after the following: "community affairs'',
the following: "or the chairman of the advisory committee".
By adding on line 16 of Page 5 after the following: "upon",

the following:
"area planning and development commissions,".
By striking in its entirety Section 14, beginning on line 14 of Page 12 and continuing through line 22 of Page 13, and inserting in lieu thereof a new Section 14 to read as follows:

THURSDAY, FEBRUARY 18, 1982

931

"Section 14. Said chapter is further amended by striking in its en tirety subsection (a) of Code Section 50-8-61 and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The State Office of Housing Section is authorized and directed to provide 18 outreach workers to the Farmers Home Administration, to be assigned exclusively to housing-related activities such as site development, rehabilitation, and home ownership and rental in rural areas of the state, provided funds for such purposes are appropriated. The outreach workers shall be at the assistant county supervisor level to act as housing specialists.' "

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Cobb Coverdell Eldridge English Engram Evans

Fincher of 52nd Fincher of 54th Garner Gillis Greene Horton Howard
Hudgins Kennedy Kidd Land 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:

Deal

Foster

Hill

Those not voting were Senators:

Ballard Bond

Coleman Dean

Holloway Hudson

932

JOURNAL OF THE SENATE

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 506. By Senator Land of the 16th:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia An notated, relating to periods of suspension of drivers' licenses, so as to change the period of suspension in cases where a person in violation of Code Section 40-5-55 is the operator of a motor vehicle which is involved in an accident in which any person is killed; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coverdell Deal Eldridge English Engram

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

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

Those voting in the negative were Senators:

Kidd

Stephens

Those not voting were Senators:

Ballard Bond Bryant

Coleman Dean Greene

Tate
Robinson Summers

On the passage of the bill, the yeas were 45, nays 3.

THURSDAY, FEBRUARY 18, 1982

933

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

The following general bill of the Senate, having been defeated on February 15 and reconsidered on February 16, was put upon its passage:

SB 566. By Senators Walker of the 19th, English of the 21st, Fincher of the 52nd and others:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia An notated, relating to sentence and punishment, so as to require the death sentence to be carried out in the county in which the defendant was con victed; to provide for a mobile death chamber distinctively marked; to provide for other matters relative thereto; to provide an effective date.

The amendment offered by Senator Walker of the 19th, which was adopted on February 15, was as follows:

Amend SB 566 by striking from Section 1 on line 20 of Page 2 the following:
"within three days",
and inserting in lieu thereof the following:
"at an appropriate time".

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb

English Fincher of 52nd Fincher of 54th Gillis Hill Horton Hudgins Kennedy Land Lester

McGill Reynolds Starr Summers Timmons Trulock Turner Walker Wessels

934

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Barnes Bond Coverdell Deal Eldridge Engram Evans Foster

Greene Holloway Howard Hudson Kidd Littlefield McKenzie

Robinson Stephens Stumbaugh Sutton Tate Thompson Tysinger

Those not voting were Senators:

Allgood

Dean

Scott

Coleman

Garner

On the passage of the bill, the yeas were 29, nays 22.

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

SB 618. By Senator Tysinger of the 41st:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that the Secretary of State shall not issue a name registration for a foreign or domestic corporation or a renewal for a registered corporate name when the name to be registered contains certain words unless he has determined that the corporation applying for the name is in compliance with certain provisions of law.

Senator Tysinger of the 41st moved that SB 618 be committed to the Committee on Industry, Labor and Tourism.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 618 was committed to the Committee on Industry, Labor and Tourism.

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 650. By Senator Barnes of the 33rd:
A bill to amend Code Section 7-1-293 of the Official Code of Georgia An notated, relating to savings banks and state savings and loan associations, so as to remove the provisions subjecting state savings and loan associa tions to the same laws and regulations applicable to commercial banks regarding the establishment and operation of branch banks, bank offices, and bank facilities; to provide an effective date.

THURSDAY, FEBRUARY 18, 1982

935

Senator Barnes of the 33rd offered the following amendment:

Amend SB 650 by adding after the word and semicolon "facilities;" on line 7 of Page 1 the following:
"to provide that the commissioner shall not approve an applica tion of a financial institution requesting conversion to a commercial bank except under certain conditions;".
By striking lines 16 through 26 on Page 1 in their entirety and insert ing in lieu thereof the following:
" '(d) (1) Unless specifically exempt therein, all rules and regula tions promulgated by the department and applicable to commercial banks shall be applicable to a savings bank. All such rules and regula tions applicable to building and loan associations shall be applicable to a state savings and loan association.
(2) The commissioner shall not approve an application of a finan cial institution requesting conversion to a commercial bank unless such financial institution divests itself of all branches which do not conform with the branch banking laws of this state.' "

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:

Ballard
Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Deal Eldridge English Engram

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

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

936

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Bell Coleman

Dean Fincher of 54th Land

Robinson 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.

SR 239. By Senators Thompson of the 32nd and Barnes of the 33rd:
A resolution authorizing and encouraging the Georgia State Patrol to set up roadblocks to check for persons driving under the influence of alcohol.

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 Bryant Cobb Coverdell Deal Eldridge English

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

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

Those voting in the negative were Senators:

Evans

Hudgins

Stephens

THURSDAY, FEBRUARY 18, 1982

937

Those not voting were Senators:

Bell Coleman

Dean Fincher of 54th

Robinson

On the adoption of the resolution, the yeas were 48, nays 3.

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

The following bills of the Senate were taken up for the purpose of considering the House amendments thereto:

SB 468. By Senators Gillis of the 20th, McGill of the 24th, English of the 21st and others:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving tractors and farm equipment; to provide a policy statement; to provide definitions; to provide for ap plicability; to provide that certain conduct is unlawful; to prohibit certain conduct and transactions.

The House amendment was as follows:
Amend SB 468 by deleting lines 13 through 17 (Section 13-8-14.1) on Page 5.

Senator Gillis of the 20th moved that the Senate agree to the House amendment to SB 468.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Deal

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

Horton Howard Hudgins Hudson Kennedy Land Lester Littlefield McGill Reynolds Robinson Scott

938

JOURNAL OF THE SENATE

Starr Stephens Stumbaugh Summers

Sutton Thompson Timmons Trulock

Turner Tysinger Walker

Those not voting were Senators:

Barker Bell Bowen

Coleman Dean Kidd

McKenzie Tate Wessels

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 468.

SB 591. By Senators Lester of the 23rd, Turner of the 8th and Holloway of the 12th:
A bill to amend Code Section 22-608, relating to voting of shares, as amended, so as to provide for the voting of shares of a corporation held by a subsidiary of such corporation in a fiduciary capacity; to amend the Official Code of Georgia Annotated accordingly.

The House amendment was as follows:
Amend SB 591 by adding at line 4 of Page 1, immediately after the word "amend", the following:
"Code Section 14-2-117 of the".

Senator Lester of the 23rd moved that the Senate agree to the House amend ment to SB 591.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bowen Brantley
Brown of 47th Bryant Cobb Deal Eldridge English
Engram

Evans Fincher of 52nd Foster Garner Gillis
Greene Hill Holloway Horton Hudson Kennedy
Lester

Littlefield McGill McKenzie Reynolds Robinson
Scott Starr Stephens Stumbaugh Summers Sutton
Tate

THURSDAY, FEBRUARY 18, 1982

939

Thompson Timmons Trulock

Turner Tysinger

Those not voting were Senators:

Barnes Bell Bond Brannon Broun of 46th

Coleman Coverdell Dean Fincher of 54th

Walker Wessels
Howard Hudgins Kidd Land

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 591.

The following bills of the House were taken up for the purpose of considering the House action thereon:

HB 1109. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend an Act known as the "Georgia Water Quality Control Act," so as to provide for monitoring, recording, and reporting certain in formation regarding the withdrawal of water from surface waters for cer tain irrigation systems.

Senator Gillis of the 20th moved that the Senate insist upon the Senate amend ment to HB 1109.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1109.

HB 1110. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend an Act known as the "Groundwater Use Act of 1972," so as to change the provisions relating to exemptions from said Act.

Senator Gillis of the 20th moved that the Senate insist upon the Senate amend ments to HB 1110.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendments to HB 1110.

940

JOURNAL 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 667. By Senator Reynolds of the 48th:
A bill to amend Code Section 68A-802, relating to maximum lawful vehi cle speeds, so as to change the maximum lawful vehicle speed in con struction or maintenance areas; to provide for the modification of max imum lawful vehicle speeds; to amend the Official Code of Georgia An notated, Section 40-6-181, relating to maximum lawful vehicle speeds, so as to provide therein for the same change described above; to provide ef fective dates.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Deal Eldridge English Engram 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 Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bell
Bond Brannon

Coleman Coverdell Dean

Evans Land
Wessels

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

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

THURSDAY, FEBRUARY 18, 1982

941

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

HB 1323. By Representative Phillips of the 59th:
A bill to amend Code Section 16-12-1 of the Official Code of Georgia An notated, relating to contributing to the delinquency of a minor, so as to make contributing to the delinquency, unruliness, or deprivation of a minor unlawful.
Referred to Committee on Judiciary.

HB 1373. By Representatives Reaves of the 147th, Veazey of the 146th, Balkcom of the 140th and others:
A bill to amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, so as to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Official Code of Georgia Annotated according ly-
Referred to Committee on Consumer Affairs.

HB 1549. By Representatives Rowland of the 119th, Baugh of the 108th and Parhamof the 109th:
A bill to amend an Act relating to the control, licensing, and operation of clinical laboratories, so as to require licensure of specimen collection sta tions; to define specimen collection stations; to provide for licensure of specimen collection stations as part of state licensed parent laboratories; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Human Resources.

HB 1450. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia An notated, relating to imputable negligence in tort cases, so as to provide for liability of parents and persons in loco parentis for damage to public school property willfully or maliciously caused by children.
Referred to Committee on Judiciary.

HR 510. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 21st and others:
A resolution to amend Resolution Act No. 1 (House Resolution No. 4), adopted by the 1981 Extraordinary Session of the General Assembly, which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general elec tion in 1982, so as to make a technical change regarding the pardon or parole of persons convicted of armed robbery and delete certain references to earned time.
Referred to Committee on Judiciary.

942

JOURNAL OF THE SENATE

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

HB 578. By Representatives Anderson and Hasty of the 8th and Long of the 142nd:
A bill to amend an Act providing for the issuance by the State Revenue Commissioner of special license plates for antique vehicles, so as to pro vide for definitions; to provide for the issuance of special license plates for street rods.
Senate Sponsor: Senator Fincher of the 52nd.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Brantley Broun of 46th Brown of 47th Bryant Cobb Deal Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster

Garner Gillis Greene Hill Holloway H orton 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:

Bell Bond Bowen

Brannon Coleman

Coverdell Dean

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

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

THURSDAY, FEBRUARY 18, 1982

943

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

HB 1162. By Representatives Snow of the 1st, Murphy of the 18th, Karrh of the 106th and Walker of the 115th:
A bill to provide for the distribution of state copies of the Official Code of Georgia Annotated; to provide responsibility for upkeep and supplemen tation; to designate the copies as property of the state.

Senator Barnes of the 33rd moved that the Senate recede from the Senate amendments to HB 1162.

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 Bowen Broun of 46th Brown of 47th Bryant Cobb 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 Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Bond Brannon

Brantley Coleman

Coverdell Dean

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate receded from the Senate amendments to HB 1162.

944

JOURNAL OF THE SENATE

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

HB 1358. By Representative Lawson of the 9th:
A bill to amend an Act revising the laws relating to subpoenas and like processes, so as to change the amount paid to peace officers for court at tendance; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Littlefield of the 6th.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bowen Brown of 47th Bryant Cobb Deal 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 Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Bond Brannon

Brantley Broun of 46th Coleman

Coverdell Dean Hudgins

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

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

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.

THURSDAY, FEBRUARY 18, 1982

945

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 931. By Representatives Snow of the 1 st and Darden of the 19th:
A bill to amend Code Section 50-127, relating to procedures for habeas corpus relief from court sentences, so as to change the provisions relating to waiver of rights and the effect of waiver on habeas corpus pro ceedings.
Senate Sponsors: Senators Barnes of the 33rd and Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 931:

A BILL
To be entitled an Act to amend Code Section 50-127, relating to procedures for habeas corpus relief from court sentences, as amended, particularly by an Act approved April 24, 1975 (Ga. L. 1975, p. 1143), so as to change provisions relating to grounds for the writ and waiver of rights and the effect of waiver on habeas corpus proceedings; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 50-127, relating to procedures for habeas corpus relief from court sentences, as amended, particularly by an Act approved April 24, 1975 (Ga. L. 1975, p. 1143), is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:
"(1) Grounds for Writ. Any person imprisoned by virtue of a sentence imposed by a State court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of the State of Georgia may institute a proceeding under this Section. The right to object to the composition of the grand or traverse jury will be deemed waived under this section, unless the person challenging the sentence shows in the petition and satisfies the court that cause exists for his being allowed to pursue the objection after the convic tion and sentence has otherwise become final."
Section 2. Said Code Section 50-127 is further amended by striking subparagraph (d) of paragraph (7), which read as follows:
"(d) If the court finds in favor of the petitioner, it shall enter an ap propriate order with respect to the judgment or sentence challenged in the proceeding and such supplementary orders as to rearraignment, retrial, custody, or discharge as may be necessary and proper. In all cases the court shall dispose of the matter as law and justice require.",

946

JOURNAL OF THE SENATE

and inserting in its place a new subparagraph (d) of paragraph (7) to read as follows:
"(d) The court shall review the trial record and transcript of pro ceedings and consider whether the petitioner made timely motion or objection or otherwise complied with Georgia procedural rules at trial and on appeal; and absent a showing of cause for noncompliance with such requirement, and of actual prejudice, habeas corpus relief shall not be granted. In all cases habeas corpus relief shall be granted to avoid a miscarriage of justice. If the court finds in favor of the peti tioner, it shall enter an appropriate order with respect to the judgment or sentence challenged in the proceeding and such supplementary orders as to rearraignment, retrial, custody, or discharge as may be necessary and proper."
Part 2
Section 3. Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedures for persons under court sentence, is amended by striking Code Section 9-14-42 and inserting in its place a new Code section to read as follows:
"9-14-42. (a) Any person imprisoned by virtue of a sentence im posed by a state court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of this state may institute a proceeding under this article.
(b) The right to object to the composition of the grand or trial jury will be deemed waived under this Code section unless the person challenging the sentence shows in the petition and satisfies the court that cause exists for his being allowed to pursue the objection after the conviction and sentence has otherwise become final."
Section 4. Said article is further amended by striking subsection (d| of Code Section 9-14-48 which reads as follows:
"(d) If the court finds in favor of the petitioner, it shall enter an ap propriate order with respect to the judgment or sentence challenged in the proceeding and shall enter such supplementary orders as to rearraignment, retrial, custody, or discharge as may be necessary and proper. In all cases, the court shall dispose of the matter as law and justice require.",
and inserting in its place a new subsection to read as follows:
"(d) The court shall review the trial record and transcript of pro ceedings and consider whether the petitioner made timely motion or objection or otherwise complied with Georgia procedural rules at trial and on appeal; and absent a showing of cause for noncompliance with such requirement, and of actual prejudice, habeas corpus relief shall not be granted. In all cases habeas corpus relief shall be granted to avoid a miscarriage of justice. If the court finds in favor of the peti tioner, it shall enter an appropriate order with respect to the judgment

THURSDAY, FEBRUARY 18, 1982

947

or sentence challenged in the proceeding and such supplementary orders as to rearraignment, retrial, custody, or discharge as may be necessary and proper.''
Parts
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
(d) The provisions of this Act shall not be applied to any habeas cor pus petition filed prior to January 1, 1983.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Deal Eldridge

English Evans Foster Garner Gillis Holloway Hudgins Kennedy Lester McGill

Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Bell Bond Bowen Cobb Coleman Coverdell Dean Engram

Fincher of 52nd Fincher of 54th Greene Hill Horton Howard Hudson Land

Littlefield McKenzie Starr Summers Timmons Trulock Walker Wessels

948

JOURNAL OF THE SENATE

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:

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

Evans Foster Garner Gillis Hill Holloway Horton Hudgins Hudson Kennedy Kidd Lester

Those not voting were Senators:

Bond Bowen Brannon Cobb Coleman Coverdell Dean

Engram Fincher of 52nd Fincher of 54th Greene Howard Land Littlefield

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

On the passage of the bill, the yeas were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1160. By Representatives Isakson of the 20th and Adams of the 36th: A bill to amend Code Section 84-2104, relating to the Board of Registra tion for Professional Engineers and Land Surveyors, so as to continue the board and the laws relating thereto but to provide for the later termina tion of the board and the laws relating thereto. Senate Sponsor: Senator Tysinger of the 41st.

THURSDAY, FEBRUARY 18, 1982

949

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

On the passage of the 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 Deal

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

Kennedy Kidd Lester McGill Reynolds Robinson Scott Stephens Summers Tate Thompson Turner Tysinger

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Bond Coleman Coverdell Dean Engram Howard

Hudson Land Littlefield McKenzie Starr

Sutton Timmons Trulock Walker Wessels

On the passage of the bill, the yeas were 39, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 127. By Representatives Watson of the 114th, Kilgore of the 65th and Walker of the 115th: A bill to amend Code Chapter 56-4, relating to kinds of insurance, so as to provide for the time at which benefits for loss of use of a motor vehicle shall become payable to third parties pursuant to certain insurance policies. Senate Sponsor: Senator Hudgins of the 15th.

950

JOURNAL OF THE SENATE

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to HB 127:

A BILL
To be entitled an Act to amend Code Chapter 56-4, relating to kinds of insurance, as amended, so as to define certain terms; to provide for the time at which benefits for loss of use of a motor vehicle shall become payable to third parties pursuant to certain insurance policies; to provide for interpretation; to provide for other matters relative to the foregoing; to provide for applicability; to amend the Official Code of Georgia An notated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 56-4, relating to kinds of insurance, as amended, is amended by adding a new Code section following Code Sec tion 56-407A, relating to requirements of motor vehicle liability policies and coverage of claims against uninsured motorists, to be designated Code Section 56-4078, to read as follows:
"56-4078. Loss of use of motor vehicle; time when liability for payment of benefits to third party commences, (a) As used in this Code section, 'liability insurance policy' means an automobile liabili ty or motor vehicle liability insurance policy issued or delivered in this state to the owner of such vehicle or issued or delivered by any in surer licensed in this state upon any such motor vehicle then prin cipally garaged or principally used in this state.
(b) Whenever any insurer undertakes pursuant to any automobile liability or motor vehicle liability insurance policy to pay benefits to a third party on behalf of an insured for loss of use of such a motor vehi cle, the liability of the insurer for payment of the benefits to the third party shall commence as of the time of the incident or occurrence which results in the loss of use of the motor vehicle; provided, however, in no event shall this Code section be construed so as to re quire the payment of loss of use benefits in an amount which is greater than the actual loss of use suffered.
(c) The provisions of this Code section shall be applicable to all automobile liability or motor vehicle liability insurance policies pur suant to which an insurer undertakes to pay benefits to a third party on behalf of an insured for the loss of use of such motor vehicle issued, delivered, or renewed in this state on or after July 1, 1982."
Part 2
Section 2. Chapter 7 of Title 33 of the Official Code of Georgia An notated, relating to kinds of insurance, limits of risks, and reinsurance, is amended by adding a new Code section following Code Section 33-7-11,

THURSDAY, FEBRUARY 18, 1982

951

relating to requirements for motor vehicle liability policies and coverage of claims against uninsured motorists, to be designated Code Section 33-7-11.1, to read as follows:
"33-7-11.1. (a) As used in this Code section, 'liability insurance policy' means an automobile liability or motor vehicle liability in surance policy issued or delivered in this state to the owner of such vehicle or issued or delivered by any insurer licensed in this state upon any such motor vehicle then principally garaged or principally used in this state.
(b) Whenever any insurer undertakes pursuant to any automobile liability or motor vehicle liability insurance policy to pay benefits to a third party on behalf of an insured for loss of use of such a motor vehi cle, the liability of the insurer for payment of the benefits to the third party shall commence as of the time of the incident or occurrence which results in the loss of use of the motor vehicle; provided, however, in no event shall this Code section be construed so as to re quire the payment of loss of use benefits in an amount which is greater than the actual loss of use suffered.
(c) The provisions of this Code section shall be applicable to all automobile liability or motor vehicle liability insurance policies pur suant to which an insurer undertakes to pay benefits to a third party on behalf of an insured for the loss of use of such motor vehicle issued, delivered, or renewed in this state on or after November 1, 1982."
Parts
Section 3. (a| Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are 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:

952

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bond Coleman Coverdell Dean

Hudson Land Littlefield

Timmons Trulock Wessels

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 672. By Senators Allgood of the 22nd, Barnes of the 33rd and Evans of the 37th: A bill to amend Code Chapter 27-25, relating to sentence and executions, as amended, so as to require that the Attorney General and the attorney of record of a convicted person sentenced to death be notified of the date of execution and any changes in that date; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic 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:

THURSDAY, FEBRUARY 18, 1982

953

Those voting in the affirmative were Senators:

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

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Holloway Horton Howard Kennedy Kidd Lester McGill

Those not voting were Senators:

Bond Bowen Brown of 47th Coleman Coverdell

Dean Greene Hudgins Hudson Land

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

On the passage of the bill, the yeas were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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. Senate Sponsor: Senator Wessels of the 2nd.
Senator Kennedy of the 4th moved that HB 455 be postponed until Monday, February 22.
On the motion, the yeas were 29, nays 1; the motion prevailed, and HB 455 was postponed until Monday, February 22.

954

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Wessels of the 2nd.

Senator Kennedy of the 4th moved that HB 454 be postponed until Monday, February 22.

On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 454 was postponed until Monday, February 22.

Senator Robinson of the 27th moved that the following bill of the Senate be taken from the Table:

SB 532. By Senators Land of the 16th, Robinson of the 27th, Barker of the 18th and others:
A bill to amend an Act providing that all meetings of any state depart ment, agency, board, bureau, commission, or political subdivision shall be open to the public at all times, as amended, so as to require advance public notice of meetings; to amend the Official Code of Georgia An notated accordingly.

On the motion, the yeas were 36, nays 1; the motion prevailed, and SB 532 was taken from the Table and placed at the foot of the Senate Rules Calendar today.

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

HB 1365. By Representatives Murphy of the 18th, Lambert of the 112th and Argo of the 63rd:
A bill to repeal an Act providing an appropriation to the Georgia Depart ment of Administrative Services for the Fiscal Year 1982, approved September 8, 1981; to provide for the disposition of state funds withdrawn from the state treasury.
Senate Sponsor: Senator Broun of the 46th.

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

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

THURSDAY, FEBRUARY 18, 1982

955

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Deal Eldridge English Engram Fincher of 52nd

Fincher of 54th Foster Garner Gillis Hill Holloway Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill McKenzie

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

Those not voting were Senators:

Bond Bowen Coleman Coverdell

Dean Evans Greene

Horton Hudson Wessels

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bill of the Senate, having been read the third time and tabled on February 16, and taken from the Table previously today, was put upon its passage:
SB 532. By Senators Land of the 16th, Robinson of the 27th, Barker of the 18th and others: A bill to amend an Act providing that all meetings of any state depart ment, agency, board, bureau, commission, or political subdivision shall be open to the public at all times, as amended, so as to require advance public notice of meetings; to amend the Official Code of Georgia An notated accordingly.

956

JOURNAL OF THE SENATE

The Senate Committee on Governmental Operations offered the following substitute to SB 532:

A BILL
To be entitled an Act to amend an Act providing that all meetings of any state department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission, or political subdivision of any county, municipality, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, approved March 28, 1972 (Ga. L. 1972, p. 575), as amended, particularly by an Act approved March 31, 1980 (Ga. L. 1980, p. 1254), so as to include the General Assembly within the provisions of said Act; to require advance public notice of meetings; to change the pro visions relating to exceptions; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal on a certain date; to provide for severability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act providing that all meetings of any state depart ment, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, com mission, or political subdivision of any county, municipality, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, approved March 28, 1972 (Ga. L. 1972, p. 575), as amended, particularly by an Act approved March 31, 1980 (Ga. L. 1980, p. 1254), is amended by striking in its entirety subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Section, 'agency' means any State department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, com mission, or political subdivision of any county, municipal corpora tion, board of education, or other political subdivision and any State or local housing authority. The term 'agency' also means and includes the General Assembly, either house thereof, and committees of both houses."
Section 2. Said Act is further amended by adding in Section 1 be tween subsections (b) and (c) two new subsections, to be designated subsections (b-1) and (b-2), to read as follows:
"(b-1) Any agency scheduling a meeting declared open to the public pursuant to subsection (b) of this section shall give the public advance notice of the meeting. The advance notice of the meeting shall be given by notifying the broadcast and print news media who

THURSDAY, FEBRUARY 18, 1982

957

have requested that the agency provide such notice to them and who are located within the county in which the meeting is to be held of the date, time, and place of the meeting at least 24 hours prior to the date thereof. The notice to the news media shall be made by telephone, but the agency shall require the person or persons telephoning the news media to keep a record of the date and time of the telephone call, the name of the person making the call, and the name of the person representing the news media to whom the notice was given; provided, however, if the notice by telephone is not practical, the agency shall send written notices to the news media of meetings, which notice must be received at least 24 hours prior to any such meeting. The agency shall retain records of telephone and written notices of meetings required by this subsection for at least 120 days following the date of the meeting, and such records shall be open to public in spection. The requirement of advance public notice of a meeting shall not apply to a meeting called as a result of a bona fide emergency, but public notice of the emergency meeting shall be given by the agency calling the meeting as far in advance of the meeting as practicable under the emergency circumstances.
(b-2) The provisions of subsection (b-1) of this section shall not be applicable to regularly scheduled meetings provided for by law. The provisions of subsection (b-1) of this section shall not be applicable to hospital authorities, except regularly scheduled meetings of hospital authorities which are not provided for by law."
Section 3. Said Act is further amended by striking subsection (d) of Section 2 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) That portion of a meeting of an agency during which the future acquisition of real estate is being discussed;".
Section 4. Said Act is further amended by striking subsection (f) of Section 2 in its entirety and substituting in lieu thereof a new subsection (f) to read as follows:
"(f) That portion of a meeting when:
(1) any agency is discussing the appointment, employment, disciplinary action, or dismissal of a public officer or employee, or
(2) any agency is hearing complaints or charges brought against a public officer or employee, unless the officer or employee requests a public meeting."
Part 2
Section 5. Chapter 14 of Title 50 of the Official Code of Georgia An notated, relating to meetings of state departments and agencies, is amended by striking in its entirety subsection (a) of Code Section 50-14-1 and inserting in lieu thereof a new subsection (a) to read as follows:

958

JOURNAL OF THE SENATE

"(a) As used in this chapter, 'agency' means any state department, agency, board, bureau, commission, or political subdivision; the governing authority or any department, agency, board, bureau, com mission, or political subdivision of any county, municipal corpora tion, board of education, or other political subdivision; and any state or local housing authority. The term 'agency' also means and includes the General Assembly, either house thereof, and committees of both houses."
Section 6. Said chapter is further amended by adding at the end of Code Section 50-14-1, relating to meetings to be open to the public, a new subsection (f) to read as follows:
"(f) (1) Any agency scheduling a meeting declared open to the public pursuant to subsection (c) of this Code section shall give the public advance notice of the meeting. The advance notice of the meeting shall be given by notifying the broadcast and print news media who have requested that the agency provide such notice to them and who are located within the county in which the meeting is to be held of the date, time, and place of the meeting at least 24 hours prior to the date thereof. The notice to the news media shall be made by telephone, but the agency shall require the person or persons telephoning the news media to keep a record of the date and time of the telephone call, the name of the person making the call, and the name of the person representing the news media to whom the notice was given; provided, however, if notice by telephone is not practical, the agency shall send written notices to the news media of meetings, which notice must be received at least 24 hours prior to any such meeting. The agency shall retain records of telephone and written notices of meetings required by this subsection for at least 120 days following the date of the meeting, and such records shall be open to public inspection. The requirement of advance public notice of a meeting shall not apply to a meeting called as a result of a bona fide emergency, but public notice of the emergency meeting shall be given by the agency calling the meeting as far in advance of the meeting as practicable under the emergency circumstances.
(2) (A) The provisions of paragraph (1) of this subsection shall not be applicable to regularly scheduled meetings provided for by law.
(B| The provisions of paragraph (1) of this subsection shall not be applicable to hospital authorities, except regularly scheduled meetings of hospital authorities which are not provided for by law."
Section 7. Said Chapter is further amended by striking Code Section 50-14-4 in its entirety and substituting in lieu thereof a new Code Section 50-14-4 to read as follows:
"50-14-4. This chapter shall not apply to the following:
(1) Staff meetings held for investigative purposes under duties or responsibilities imposed by law;
(2) The deliberations and voting of the State Board of Pardons and Paroles;

THURSDAY, FEBRUARY 18, 1982

959

(3) Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the state;
(4) That portion of a meeting of an agency during which the future acquisition of real estate is being discussed;
(5) Meetings of any committee of a public hospital when the com mittee is considering the grant of abortions under state law; and
(6) That portion of a meeting when:
(A) Any agency is discussing the appointment, employment, disciplinary action, or dismissal of a public officer or employee; or
(B) Any agency is hearing complaints or charges brought against a public officer or employee unless the officer or employee requests a public meeting."
Parts
Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
jc) Part 2 of this Act shall become effective on November 1, 1982.
Section 9. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or un constitutional.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Senator Land of the 16th offered the following amendment:

Amend the substitute to SB 532 offered by the Senate Committee on Governmental Operations by striking from the title, beginning on line 10 of Page 1, the following:
"to include the General Assembly within the provisions of said Act;".

960

JOURNAL OF THE SENATE

By striking in Part 1, beginning on line 3 of Page 2, the following:
"striking in its entirety subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a] to read as follows:
'(a) As used in this Section, "agency" means any State depart ment, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission, or political subdivision of any county, municipal corporation, board of education, or other political subdivision and any State or local housing authority. The term "agency" also means and includes the General Assembly, either house thereof, and committees of both houses.'
Section 2. Said Act is further amended by".
By renumbering Sections 3, 4, and 5 as Sections 2, 3, and 4, respec tively.
By striking from Part 2, beginning on line 12 of Page 4, the following:
"striking in its entirety subsection (a) of Code Section 50-14-1 and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) As used in this chapter, "agency" means any state depart ment, agency, board, bureau, commission, or political subdivision; the governing authority or any department, agency, board, bureau, commission, or political subdivision of any county, municipal cor poration, board of education, or other political subdivision; and any state or local housing authority. The term "agency" also means and includes the General Assembly, either house thereof, and committees of both houses.'
Section 6. Said chapter is further amended by''.
By renumbering Sections 7, 8, 9, and 10 on Pages 6 and 7 as Sections 5, 6, 7, and 8, respectively.

Senator Land of the 16th asked unanimous consent to withdraw the amend ment; the consent was granted.

Senator Land of the 16th offered the following amendment:

Amend the substitute to SB 532 offered by the Senate Committee on Governmental Operations by striking in its entirety the sentence begin ning on line 18 of Page 3, which reads as follows:
"The provisions of subsection (b-1) of this section shall not be ap plicable to hospital authorities, except regularly scheduled meetings of hospital authorities which are not provided for by law."

THURSDAY, FEBRUARY 18, 1982

961

By striking in its entirety subparagraph (B), lines 1 through 5 on Page 6, which reads as follows:
"(B) The provisions of paragraph (1) of this subsection shall not be applicable to hospital authorities, except regularly scheduled meetings of hospital authorities which are not provided for by law."

Senator Land of the 16th asked unanimous consent to withdraw the amend ment; the consent was granted.

Senator Robinson of the 27th offered the following amendment:

Amend the substitute to SB 532 offered by the Senate Committee on Governmental Operations by striking on Page 3, line 11, the words "of a bona fide" and inserting in lieu of the following:
"of special circumstances",
and
By striking on Page 3, line 12, in its entirety and inserting in lieu of the following:
", but public notice of such called meeting".

On the adoption of the amendment, the yeas were 33, 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 Barnes Bell Bowen Brannon Broun of 46th Bryant

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

Gillis Greene Holloway Horton Howard Hudgins Kennedy Kidd Land

962
Lester Littlefield McGill McKenzie Reynolds Robinson Scott

JOURNAL OF THE SENATE

Starr Stephens Stumbaugh Summers Sutton Tate

Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative were Senators Brown of the 47th and Hill.

Those not voting were Senators:

Bond Brantley Coleman

Coverdell Dean Evans

Hudson Wessels

On the passage of the bill, the yeas were 46, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 532.
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 2:45 o'clock P.M., the President announced the Senate would stand adjourn ed until 9:30 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 19, 1982

963

Senate Chamber, Atlanta, Georgia Friday, February 19, 1982
Twenty-second Legislative Day
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 1597. By Representatives Robinson of the 58th, Hawkins of the 50th, Richard son of the 52nd and others:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court in DeKalb County.

HB 1599. By Representatives Bargeron of the 83rd and Godbee of the 82nd:
A bill to amend an Act relating to the compensation of the coroner of Burke County, so as to provide an expense allowance for the coroner.

HB 1609. By Representative Birdsong of the 103rd:
A bill to provide for the election of the members of the Board of Educa tion of Twiggs County.

HB 1610. By Representative Birdsong of the 103rd:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the provisions relating to the election of the members of the board.

964

JOURNAL OF THE SENATE

HB 1612. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A bill to amend an Act creating a Small Claims Court for Lowndes Coun ty, so as to change the jurisdiction of said court.

HB 1625. By Representatives Home of the 104th, Pinkston of the 100th, Randall of the 101st and others:
A bill to amend an Act establishing the board of public education and or phanage for Bibb County, so as to provide that there shall be no limit upon the number of terms which a member of the board may serve.

HB 1470. By Representative Birdsong of the 103rd:
A bill to amend Code Section 34-603, relating to county registrars, their duties and compensation, so as to change the provisions relating to com pensation of registrars; to amend the Official Code of Georgia Annotated accordingly.

HB 1389. By Representatives Adams of the 14th and Jackson of the 9th:
A bill to amend an Act providing for a State Board of Registration of Used Car Dealers, so as to continue the board and the laws relating thereto un til July 1, 1988; to amend the Official Code of Georgia Annotated accord ingly.

HB 1348. By Representatives Hays and Snow of the 1st, Colwell of the 4th and others:
A bill to amend an Act known as the "Statewide Probation Act," so as to enact certain provisions relating to probated sentences; to provide for certain conditions that may be placed on probated sentences; to provide for notice to the Department of Offender Rehabilitation when a person is sentenced under these certain conditions; to amend the Official Code of Georgia Annotated accordingly.

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

HR 517. By Representatives Murphy of the 18th and Thomas of the 66th:
A resolution to repeal Resolution Act No. 69, adopted at the 1981 regular session of the General Assembly, which resolution proposed an amend ment to the Constitution so as to provide the manner of filling vacancies in certain elected constitutional offices of the state.

FRIDAY, FEBRUARY 19, 1982

965

HR 663. By Representatives Robinson of the 58th, Hawkins of the 50th, Richard son of the 52nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the mayor and council of the City of Pine Lake in DeKalb County to exempt from ad valorem taxation an amount not to exceed $4,000.00 of the value of the homestead of residents of the City of Pine Lake.

HR 669. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A resolution proposing an amendment to the Constitution so as to in crease the jurisdiction of civil cases over which Justices of the Peace of Lowndes County shall have jurisdiction.

HR 670. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A resolution proposing an amendment to the Constitution so as to pro vide that the board of commissioners of Lowndes County shall have the right and power to assess and collect license fees and taxes from all per sons, firms, and corporations doing business in the unincorporated area of Lowndes County.
HR 709. By Representative Murphy of the 18th:
A resolution relative to adjournment.

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

SB 610. By Senator Reynolds of the 48th: A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, so as to provide for new and different districts and the election of members therefrom; to provide for a referendum election; to provide for all related matters.
SB 633. By Senator Reynolds of the 48th:
A bill to amend an Act known as the "Gwinnett County Water and Sewerage Authority Act", as amended, so as to change the provisions relating to the procedures for filling vacancies on the authority.
SB 634. By Senator Reynolds of the 48th: A bill to amend an Act creating the Gwinnett County Public Facilities Authority, as amended, so as to change the provisions relating to the pro cedures for filling vacancies on the authority.

966

JOURNAL OF THE SENATE

SB 635. By Senator Reynolds of the 48th:
A bill to amend an Act creating the Gwinnett County Recreation Authori ty, as amended, so as to change the provisions relating to the procedures for filling vacancies on the authority.

SB 637. By Senator Reynolds of the 48th:
A bill to amend an Act changing certain provisions relating to the Gwin nett Building Authority so as to change the provisions relating to the pro cedures for filling vacancies on the authority.

SB 636. By Senator Reynolds of the 48th:
A bill to amend an Act creating and establishing an airport authority for Gwinnett County, as amended, so as to change the provisions relating to the procedures for filling vacancies on the authority.

The House has agreed to the Senate amendments to the following bills of the House:

HB 1250. By Representatives Richardson of the 52nd, Vandiford of the 53rd, Childs of the 51st and others:
A bill to amend an Act revising, superseding, and consolidating the laws pertaining to the governing authority of DeKalb County, and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, so as to redefine and describe correctly Commissioners Districts 1,2,3, and 4 established therein.

HB 1157. By Representatives Colbert of the 23rd and Martin of the 60th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia An notated, relating to the regulation of fire and other hazards to persons and property, so as to require fire departments to make certain reports of incidents or suspected incidents of arson.

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

SB 700. By Senator Bowen of the 13th:
A bill creating a Small Claims Court in Dooly Court, as amended, so as to change the jurisdiction of said court; to provide for a fee to the small claims court bailiffs for the execution of fi fas. Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 19, 1982

967

SB 701. By Senators Greene of the 26th and Ballard of the 45th:
A bill to amend Code Section 27-401, relating to persons who may hold courts of inquiry generally, so as to provide that judges of probate courts who are licensed attorneys at law may hold courts of inquiry; to amend the Official Code of Georgia Annotated accordingly; to provide for effec tive dates.
Referred to Committee on Special Judiciary.

SB 702. By Senator Scott of the 43 rd:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia An notated, relating to bonds and recognizances, so as to provide for the granting or refusing of bail while the defendant's case is on appeal; to prohibit bail in certain cases pending appeal; to provide an effective date.
Referred to Committee on Special Judiciary.

SR 304. By Senator Robinson of the 27th:
A resolution urging railroad companies operating in this state to provide adequate working conditions for their employees. Referred to Committee on Public Utilities.

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

HB 1348. By Representatives Hays and Snow of the 1st, Colwell of the 4th and others:
A bill to amend an Act known as the "Statewide Probation Act," so as to enact certain provisions relating to probated sentences; to provide for certain conditions that may be placed on probated sentences; to provide for notice to the Department of Offender Rehabilitation when a person is sentenced under these certain conditions; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1389. By Representatives Adams of the 14th and Jackson of the 9th:
A bill to amend an Act providing for a State Board of Registration of Used Car Dealers, so as to continue the board and the laws relating thereto un til July 1, 1988; to amend the Official Code of Georgia Annotated accord ingly. Referred to Committee on Transportation.

968

JOURNAL OF THE SENATE

HB 1470. By Representative Birdsong of the 103rd:
A bill to amend Code Section 34-603, relating to county registrars, their duties and compensation, so as to change the provisions relating to com pensation of registrars; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Governmental Operations.

HB 1597. By Representatives Robinson of the 58th, Hawkins of the 50th, Richard son of the 52nd and others:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court in DeKalb County. Referred to Committee on County and Urban Affairs.

HB 1599. By Representatives Bargeron of the 83rd and Godbee of the 82nd:
A bill to amend an Act relating to the compensation of the coroner of Burke County, so as to provide an expense allowance for the coroner. Referred to Committee on County and Urban Affairs.

HB 1609. By Representative Birdsong of the 103rd:
A bill to provide for the election of the members of the Board of Educa tion of Twiggs County. Referred to Committee on County and Urban Affairs.

HB 1610. By Representative Birdsong of the 103rd:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the provisions relating to the election of the members of the board. Referred to Committee on County and Urban Affairs.

HB 1612. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A bill to amend an Act creating a Small Claims Court for Lowndes Coun ty, so as to change the jurisdiction of said court. Referred to Committee on County and Urban Affairs.

HB 1625. By Representatives Home of the 104th, Pinkston of the 100th, Randall of the 101st and others:
A bill to amend an Act establishing the board of public education and or phanage for Bibb County, so as to provide that there shall be no limit upon the number of terms which a member of the board may serve.
Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 19, 1982

969

HR 517. By Representatives Murphy of the 18th and Thomas of the 66th:
A resolution to repeal Resolution Act No. 69 (House Resolution No. 119), adopted at the 1981 regular session of the General Assembly, which resolution proposed an amendment to the Constitution so as to provide the manner of filling vacancies in certain elected constitutional offices of the state.
Referred to Committee on Judiciary.

HR 663. By Representatives Robinson of the 58th, Hawkins of the 50th, Richard son of the 52nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the mayor and council of the City of Pine Lake in DeKalb County to exempt from ad valorem taxation an amount not to exceed $4,000.00 of the value of the homestead of residents of the City of Pine Lake. Referred to Committee on County and Urban Affairs.
HR 669. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A resolution proposing an amendment to the Constitution so as to in crease the jurisdiction of civil cases over which Justices of the Peace of Lowndes County shall have jurisdiction. Referred to Committee on County and Urban Affairs.
HR 670. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A resolution proposing an amendment to the Constitution so as to pro vide that the board of commissioners of Lowndes County shall have the right and power to assess and collect license fees and taxes from all per sons, firms, and corporations doing business in the unincorporated area of Lowndes County. Referred to Committee on County and Urban Affairs.

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

Mr. President:
The Committee on Education has had under consideration the following bill and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 660. Do pass by substitute.

970

JOURNAL OF THE SENATE

SR 271. Do pass as amended. SR 295. Do pass.
Respectfully submitted, Senator Foster of the 50th District, Chairman

Mr. President:

The 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 639. Do pass by substitute.
Respectfully submitted, Senator Kidd of the 25th District, Chairman
Mr. President:

The 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:
SR 284. Do pass. HB 1387. Do pass as amended.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:

The 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 607. Do pass. SB 624. Do pass. HB 1296. Do pass. HB 1352. Do pass. HB 1359. Do pass.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman

FRIDAY, FEBRUARY 19, 1982

971

Mr. President:

The 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 1283. Do pass. HB 1284. Do pass. HB 1285. Do pass. HB 1349. Do pass.
Respectfully submitted, Senator Timmons of the 11th District, Chairman

Mr. President:

The 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 60. Do pass by substitute.
Respectfully submitted, Senator Tate of the 38th District, Chairman

Mr. President:

The 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 288. Do pass by substitute.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

Mr. President:
The 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 1307. Do pass.

972

JOURNAL OF THE SENATE

HB 1459. Do pass. HB 1554. 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 514. By Senator Scott of the 43rd:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia, relating to the jurisdiction and duties of the Georgia State Patrol, so as to provide that the primary responsibility for performing certain duties upon the interstate highways shall be that of the Uniform Division but to allow other law enforcement agencies to perform such duties.
SB 603. By Senators Starr of the 44th, Howard of the 42nd and Fincher of the 52nd:
A bill to amend an Act known as the "Georgia Public Assistance Act of 1965", as amended, so as to provide for the establishment of a pilot and state-wide community work experience program for certain unemployed recipients of aid to families with dependent children; to provide for legislative findings; to amend the Official Code of Georgia Annotated ac cordingly.
SB 606. By Senators Fincher of the 52nd, Lester of the 23rd, Summers of the 53rd and others:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the aid to families with dependent children, so as to require recipients and applicants of assistance to undergo testing, take vocational training, and seek employment; to pro vide for all related matters; to provide an effective date.
SB 613. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia An notated, relating to ad valorem taxation of property, so as to change the provisions relating to adjustment and equalization of county tax digests; to change certain procedures; to provide an effective date.

FRIDAY, FEBRUARY 19, 1982

973

SB 620. By Senators Howard of the 42nd, Kidd of the 25th and McGill of the 24th:
A bill to amend Chapter 42 of Title 43 of the Official Code of Georgia An notated, relating to professional sanitarians, so as to change the member ship of the Georgia Board of Registered Professional Sanitarians and to provide for a quorum; to abolish the board's advisory council but to pro vide for resource councils; to change certain requirements relating to ex aminations and applications therefor and provide for licenses, cer tificates, and fees; to provide an effective date.

SB 663. By Senators Holloway of the 12th, Broun of the 46th, Allgood of the 22nd and others:
A bill to amend an Act creating the Revenue Shortfall Reserve so as to provide that a percentage of net revenue collections shall be reserved from state surplus at the end of each fiscal year for the purpose of pro viding the Midyear Adjustment Reserve; to provide for matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates

SB 680. By Senators Lester of the 23rd and Turner of the 8th:
A bill to amend an Act known as the "Disposition of Unclaimed Property Act", as amended, so as to provide that the state revenue commissioner shall be deemed to have elected to receive unclaimed property in the custody of banking and financial organizations unless the holder of the property is notified to the contrary; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates.

SR 250. By Senator Foster of the 50th:
A resolution authorizing the conveyance of certain real property located in Habersham County.

SR 280. By Senator Reynolds of the 48th:
A resolution creating the Duplication of Services and Efficiency and Economy in State Government Study Committee.

SR 281. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state-owned property located in Baldwin County, Georgia; to provide an effective date.

974

JOURNAL OF THE SENATE

SR 283. 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 for the enhancement and promotion of more effective citizen par ticipation in government by assisting in the development and maintenance of viable political institutions and parties; to provide for the appropriation of funds to accomplish the enhancement and promotion of citizen participation and of the development and maintenance of viable political institutions and parties; to provide for the submission of this amendment for ratification or rejection.

SR 286. By Senator McGill of the 24th:
A resolution urging the Attorney General and the Department of Agriculture to notify certain persons with regard to and to take certain precautionary measures with regard to the annual loss of dairy products delivery cases.

HB 616. By Representative Williams of the 6th:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide that all group or blanket accident and sickness insurance policies or contracts may contain such benefits, coverages, and reimbursements as may be agreed upon between the group policyholder and its insurer.

HB 686. By Representative Wood of the 9th:
A bill to amend Code Section 88-1805, relating to functions and powers of hospital authorities, so as to authorize such authorities to receive or provide certain management, consulting and operating services.

HB 1202. By Representatives Birdsong of the 103rd and Watson of the 114th:
A bill to amend Code Section 56-2703, relating to dependent coverage under group life insurance policies, as amended, so as to increase the maximum coverage for dependents.

HB 1223. By Representatives Miles of the 107th, Cheeks of the 89th, Colbert of the 23rd and Sherrod of the 143rd:
A bill to amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, so as to continue the Board of Chiropractic Examiners and the laws relating thereto but to provide for the later termination of the board and such laws; to amend the Official Code of Georgia An notated accordingly.

FRIDAY, FEBRUARY 19, 1982

975

HB 1251. 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 continue the Georgia Board of Den tistry and the laws relating thereto but to provide for the later termina tion of that board; to amend the Official Code of Georgia Annotated ac cordingly.

HB 1355. By Representatives Ramsey of the 3rd, Williams and Foster of the 6th:
A bill to amend an Act known as the "Georgia Meat Inspection Act," so as to increase the penalties for fraud or distribution of adulterated ar ticles; to amend the Official Code of Georgia Annotated accordingly.

HB 1384. By Representatives Vandiford of the 53rd, Jackson of the 77th, Colbert of the 23rd and others:
A bill to amend Code Chapter 24-28, relating to sheriffs, so as to authorize sheriffs to deposit cash bonds and cash reserves of professional bonds in interest-bearing accounts and to use interest proceeds for opera tion of their departments; to amend the Official Code of Georgia An notated accordingly.

HB 1400. By Representatives Scott of the 123rd, Triplett of the 128th, Ginsberg of the 122nd and others:
A bill to amend Code Chapter 93-3, relating to jurisdiction, powers, and duties of the Public Service Commission, so as to provide that a utility regulated by the Public Service Commission may file with the commis sion an application to determine the appropriate rate to recover the cost of conversion; to amend the Official Code of Georgia Annotated accord ingly.

HB 1447. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Code Section 57-109, relating to the prohibition pertain ing to the payment of interest on unpaid interest, so as to provide that in terest may be charged on unpaid interest under certain conditions; to amend the Official Code of Georgia Annotated.

HB 1518. By Representatives Reaves of the 147th, Long of the 142nd, Anderson of the 8th and others:
A bill to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to change the time of the termina tion of the Board of Veterinary Medicine and the repeal of the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly.

976

JOURNAL OF THE SENATE

HB 1519. By Representatives Reaves of the 147th, Long of the 142nd, Anderson and Hasty of the 8th and others:
A bill to amend an Act known as the "Buying Services Act of 1975," so as to change the enforcing official of said Act; to change all references in the Act from the Commissioner of Agriculture to the Administrator of the Fair Business Practices Act; to amend the Official Code of Georgia An notated accordingly.

HR 519. By Representative Wall of the 61st:
A resolution repealing a resolution approving the principle of World Federation.

HR 577. By Representative Jones of the 78th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey by quitclaim deed certain stateowned real property located within Butts County, Georgia, to Butts County, Georgia.

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

HB 1197. By Representatives Rowland of the 119th, Coleman of the 118th, Lord of the 105th and others:
A bill to amend an Act creating the Dublin Judicial Circuit, so as to pro vide that certain grand juries of counties in that circuit may serve and be convened for a second consecutive term 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 47, nays 0.

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

HB 1230. By Representatives Nicholson of the 88th, Padgett of the 86th, Swann of the 90th and others:
A bill to amend an Act providing for a board of elections in certain coun ties and for other purposes, so as to change the population bracket of the counties to which the Act applies.

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

FRIDAY, FEBRUARY 19, 1982

977

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

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

HB 1477. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Wilcox County on an annual 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 47, nays 0.

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

HB 1478. By Representatives Chambless of the 131st, McCollum of the 134th, White of the 132nd 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 compen sation 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 47, nays 0.

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

HB 1487. By Representatives Mostiler and Fortune 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, Georgia, so as to change the fees for filing ac tions 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 47, nays 0.

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

978

JOURNAL OF THE SENATE

HB 1524. By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and the solicitor of said court.

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

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

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

HB 1531. By Representatives Scott of the 123rd, Hill of the 127th, Phillips of the 125th and others:
A bill to amend an Act providing for a board of elections in each county of this state having a population of more than 170,000 and less than 195,000 persons according to the 1970 United States decennial census or any future such census, so as to change the population requirements of said Act.

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

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

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

HB 1571. By Representatives Chambless of the 131st and Hutchinson of the 133rd:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts; to clarify that elections and terms under the changed districts shall remain the same as under these districts as formerly described.

The report 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.

Senator Holloway of the 12th moved that HB 1571 be immediately transmitted to the House.

FRIDAY, FEBRUARY 19, 1982

979

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1571 was immediately transmitted to the House.

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

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brown of 47th Bryant Cobb Coleman Deal Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner 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 Tysinger Walker

Those not answering were Senators:

Brantley Broun of 46th Coverdell

Dean Gillis Hudgins

Summers Wessels

Senator Hill of the 29th introduced the chaplain of the day, Reverend Ken Dobbs, pastor of Greenville Baptist Church, Greenville, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:
SR 305. By Senator Horton of the 17th: A resolution recognizing Jim Carter and participants in the SHOE Cam paign.
Senator Robinson of the 27th 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:
SB 696. By Senators Robinson of the 27th and Barker of the 18th: A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia An notated, relating to certificates of title, security interests, and liens, so as to change certain penalty provisions; to provide an effective date.

980

JOURNAL OF THE SENATE

On the motion, the yeas were 27, nays 2; the motion prevailed, and SB 696 was withdrawn from the Committee on Special Judiciary and committed to the Commit tee on Consumer Affairs.

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

HR 709. By Representative Murphy of the 18th:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 19, and to reconvene at 10:00 o'clock A.M. on Monday, February 22.

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

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

SENATE RULES CALENDAR
Friday, February 19, 1982
TWENTY-SECOND LEGISLATIVE DAY
HB 1231. Employment Security Law--delete national trigger extended benefits (AMENDMENT) (IL&Tou-45th)
SB 596. Seizure of Property used in Night Hunting--notify security interest holders (SUBSTITUTE) (NREQ-26th)
SB 593. Insurance Policy Approved by Insurance Commissioner--no abrogation of insurer's rights (SUBSTITUTE) (BF&I--43rd)
HB 1391. Southeast Interstate Low-Level Radioactive Waste Management Compact--enact (NREQ--20th)
HB 629. Superior Court Chief Judges--limit distribution of certain session laws (SUBSTITUTE) (S Judy-37th)
HB 56. Voter Registration--relative to rules determining residence (Gov Op-17th)
SB 590. Alligator Hides, Skins, Products--authorize transportation, sale (NREQ-28th)
SB 622. "The Economic Rehabilitation Act of 1975"--clarify purpose (AMENDMENT) (Gov Op-18th)
SB 655. Certain Fees of Sheriffs--change (Gov Op--25th)
SB 512. Wildlife--prohibit use of certain trapping devices (SUBSTITUTE) (NREQ--15th)
SB 542. Superior Court Judges' Retirement--change provisions on senior judges (AMENDMENT) (Ret--45th)

FRIDAY, FEBRUARY 19, 1982

981

HB 610. Juvenile Court Code--circumstances under which juvenile & superior courts have concurrent jurisdiction (SUBSTITUTE) (SJudy-6th)
SB 657. Joint Committee for Review of Administration Rules--create (Gov Op-27th)
HB 1200. Veterans Exposed to Agent Orange--new Code Chapter 30 (D&VA--27th)
HB 307. Domicile--married persons (Judy--33rd)
HB 1378. Religious Holidays--conditions for certain employees taking time off (Gov Op--25th)
SB 669. Certain Automobile Title Records--available for inspection by tax collector, receiver (Gov Op--25th)
SB 619. Examining Boards Examinations--repeal certain provisions on veterans' preference on points (SUBSTITUTE) (Gov Op--42nd)
HB 1302. Election Superintendents--furnish copies of certain records to public (Gov Op--25th)
HB 1364. Termination of Regulatory Agencies--delete Board of Registration for Foresters (NREQ--20th)
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 committees, were read the third time and put upon their passage:

HB 1231. By Representatives Mullinax of the 69th, Aaron of the 56th, Oliver of the 121st and others:
A bill to amend an Act known as the Employment Security Law, so as to delete the national trigger for extended benefits as required by the Federal Unemployment Tax Act; to remove obsolete dates; to change the state trigger for extended benefits.
Senate Sponsor: Senator Ballard of the 45th.

The Senate Committee on Industry, Labor and Tourism offered the following amendment:
Amend HB 1231 by adding at the end of Section 14, between lines 18 and 19 on Page 20, five new paragraphs to read as follows:
"The Commissioner shall from time to time requisition from the Unemployment Trust Fund such amounts, not exceeding the amount standing to this State's account standing therein, as he deems neces sary for the payment of benefits for a reasonable future period. Upon

982

JOURNAL OF THE SENATE

receipt thereof, the Commissioner shall deposit such moneys in the benefit account which shall be used solely for the payment of regular benefits and extended benefits or refunds upon requisition of the Commissioner as authorized herein. Withdrawal of such moneys in the benefit account or issuance of warrants thereon shall not be sub ject to any provisions of law requiring specific appropriations or other formal releases of State officers of money in their custody. The Com missioner's requisitions for lump sum withdrawals for the payment of individual benefit claims shall not exceed in any event the balance of funds in the Unemployment Trust Fund, and such requisition shall be in an amount estimated to be necessary for benefit payments for such reasonable future period as the Commissioner may by regulation prescribe. Such lump sum amounts, when received by the Commis sioner, shall be immediately deposited by him in the 'benefit account' maintained in the name of the Commissioner in such bank or public depository and under such conditions as the Commissioner deter mines necessary, provided that such bank or public depository shall be one in which general funds of the State may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund; provided, further, that such moneys shall be secured by the depository bank to the same extent and in the same manner as re quired by the general laws of this State governing depositories of State funds, and collateral pledged for this purpose of bonds given for this purpose shall be kept separate and distinct from any collateral or bonds pledged or given to secure other funds of the State. The Com missioner or his duly authorized representative is authorized to draw and issue his checks on the said benefit account for the payment of in dividual benefit claims. Any balance of moneys requisitioned from the Unemployment Trust Fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall either be deducted from estimates for and may be utilized for the payment of benefits during succeeding periods or, in the discretion of the Commissioner, shall be redeposited with the Secretary of the Treasury of the United States to the credit of this State's account in the Unemployment Trust Fund as provided in subsection (b) of this Section.
Money credited to the account of this State in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to Section 903 of the Social Security Act, as amend ed, may be requisitioned and used in the payment of expenses incur red for the administration of this Act pursuant to a specific appropria tion by the legislature, provided that the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:
(1) Specifies the purposes for which such money is appropriated and the amount appropriated therefor;
(2) Limits the period within which such money may be expended to a period ending not more than two years after the date of the enact ment of the appropriation law; and

FRIDAY, FEBRUARY 19, 1982

983

(3) Limits the amount which may be obligated during any twelve month period beginning on July 1 and ending on the next June 30 to an amount which does not exceed the amount by which (A) the aggregate of the amounts credited to the account of this State pursuant to Sec tion 903 of the Social Security Act, as amended, during the same twelve-month period and the twenty-four preceding twelve-month periods, exceeds (B) the aggregate of the amounts obligated pursuant to this subsection and charged against the amounts credited to the ac count of this State during such twenty-five twelve-month periods. For the purposes of this subsection, amounts obligated during any such twelve-month period shall be charged against equivalent amounts which were first credited and which are not already so charged, ex cept that no amount obligated for administration during a twelve month period specified herein may be charged against any amount credited during such a twelve-month period earlier than the twentyfourth preceding such period.
Money credited to the account of this State pursuant to Section 903 of the Social Security Act, as amended, may not be withdrawn or used except for the payment of benefits or for the payment of ex penses for the administration of this Act and of public employment of fices pursuant to this subsection.
Money appropriated for the payment of expenses of administra tion pursuant to this subsection shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, shall be deposited in the Employment Security Ad ministration Fund but, until expended, shall remain a part of the Unemployment Trust Fund. The Commissioner shall maintain a separate record of the deposit, obligation, expenditure, and return of funds so deposited. If any money so deposited is, for any reason, not to be expended for the purpose for which it was appropriated, it shall be returned promptly to the Secretary of the Treasury of the United States for credit to this State's account in the Unemployment Trust Fund.
There is authorized to be appropriated by the General Assembly to the Department of Labor any part of or all money credited to the ac count of this State in the Unemployment Trust fund by the Secretary of the Treasury of the United States of America pursuant to Section 903 of the Social Security Act, as amended, and as provided herein.
and
By striking in Section 34 on Page 45, line 10, the word "unit" and in serting in lieu thereof the word "writ".

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.

984

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell 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 Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Bond Dean Greene

Holloway Hudgins

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

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 596. By Senator Greene of the 26th: A bill to amend Code Section 45-502, relating to night hunting, as amend ed, so as to require that certain security interest holders be notified of and be permitted to defend in certain actions relating to confiscation and seizure of property used in night hunting; to protect such security in terests; to amend the Official Code of Georgia Annotated accordingly.

The Senate Committee on Natural Resources and Environmental Quality of fered the following substitute to SB 596:
A BILL
To be entitled an Act to amend Code Section 45-502, relating to night hunting, as amended, so as to change certain conditions authorizing notification by publication; to require that certain security interest

FRIDAY, FEBRUARY 19, 1982

985

holders be notified of and be permitted to defend in certain actions relating to confiscation and seizure of property used in night hunting; to protect such security interests; to amend the Official Code of Georgia An notated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. Code Section 45-502, relating to night hunting, as amend ed, is amended by striking subsection (c) thereof and inserting in its place a new subsection (c) to read as follows:
"(c) The district attorney whose circuit includes the county in which a seizure is made, within thirty (30) days after the seizure of any vehicle, boat, animal or firearm used in the hunting of deer at night, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of such property. A copy of such petition shall be served upon the person or persons having custody or possession of such property at the time of the confiscation or seizure and, if known, upon any owner or lessee and any person having a duly recorded security interest in or lien upon such property. If the owner or lessee or person or persons having custody or possession of such property at the time of seizure is unknown, or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service, notice of such proceedings shall be published once a week for two (2) consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all per sons having an interest in or right affected by such proceeding and any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service. If no defense or intervention shall be filed within thirty (30) days from the filing of the petition, judg ment by default shall be entered by the court; otherwise the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such property was so used and that such use was with the consent, express or implied, of the owner, the property shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from such sale shall be applied:
(1) To the payment of proper costs and expenses including ex penses incurred in the seizure;
(2) To the payment of the cost of the court and its officers;
(3) To the payment of any cost incurred in the storage, advertise ment, maintenance or care of such property; and

986

JOURNAL OF THE SENATE

(4) The remainder shall be paid into the State treasury.
Providing, however, that the Attorney General may, upon the re quest of the Commissioner, aid the district attorney in the in rem pro ceeding arising from any seizure or confiscation of property."
Section 2. Said Code Section is further amended by striking subsec tion (f) thereof and inserting in its place a new subsection (f) to read as follows:
"(f) Any party at interest may appear, by answer under oath, and make his defense. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the property seized, if illegally used by another, was used without the knowledge, connivance or consent, expressed or implied, by such owner, lessee, security interest holder, or lienholder. The holder of any bona fide lien on or security interest in the property shall be protected to the full extent of his lien or security interest, respectively; provided, however, that nothing contained herein shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs in curred by him."
Part 2
Section 3. Code Section 27-3-48 of the Official Code of Georgia An notated, relating to confiscation and seizure of certain items used in hunt ing deer at night, is amended by striking subsection (c) thereof and insert ing in its place a new subsection (c) to read as follows:
"(c) The district attorney whose circuit includes the county in which a seizure is made, within 30 days after the seizure of any vehicle, boat, animal, or firearm used in the hunting of deer at night, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of such property. A copy of the petition shall be served upon the person or persons having custody or possession of the property at the time of the confiscation or seizure and, if known, upon any owner or lessee of the property and any person having a duly recorded security interest in or lien upon the property. If the owner, lessee, or person or persons having custody or possession of the porperty at the time of seizure is unknown, or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of such pro ceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. The publication shall be deemed notice to any and all per sons having an interest in or right affected by the proceeding and any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service. If no defense or intervention

FRIDAY, FEBRUARY 19, 1982

987

shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise, the case shall pro ceed as other civil cases. Should it appear upon the trial of the case or upon default that the property was so used and that such use was with the consent, express or implied, of the owner, the property shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from the sale shall be applied:
(1) To the payment of proper costs and expenses, including ex penses incurred in the seizure;
(2) To the payment of the cost of the court and its officers;
(3) To the payment of any cost incurred in the storage, advertise ment, maintenance, or care of the property; and
(4) If any money remains, to the state treasury.
The Attorney General may, upon the request of the commissoi^oineerr, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property.''
Section 4. Said Code section is further amended by striking subsec tion (f) thereof and inserting in its place a new subsection (f) to read as follows:
"(f) Any party at interest may appear, by answer under oath, and make his defense. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the property seized, if illegally used by another, was used without the knowledge, connivance, or consent, expressed or implied, of the owner, lessee, security interest holder, or lienholder. The holder of any bona fide lien on or security interest in the property shall be protected to the full extent of his lien or security interest, respectively; provided, however, that nothing contained in this Code section shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by him."
Part3
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
jb) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

988

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond 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 Gillis Hill Horton Howard Hudson Kennedy Kidd Land Lester

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

Those not voting were Senators:

Dean Garner Greene

Holloway Hudgins McGill

Starr Stephens Wessels

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 593. By Senator Scott of the 43rd: A bill to amend Code Section 56-2419, relating to construction of in surance policies, so as to provide that no other laws shall be construed to abrogate any insurer's rights or duties under policies of insurance or pro visions of policies of insurance which have been approved by the In surance Commissioner of the State of Georgia; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates.

FRIDAY, FEBRUARY 19, 1982

989

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 593:
A BILL
To be entitled an Act to amend Code Chapter 56-4, relating to kinds of insurance, reinsurance, and limits of risk, as amended, so as to pro vide that no motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains certain provisions; to provide that noncompliance by the insured with such policy provisions shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of certain obligations; to amend Code Chapter 68C-6, relating to other provisions pertaining to financial responsibility, so as to provide that no compulsory motor vehicle liability insurance policy or assigned risk motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains certain provisions; to provide that noncompliance by the insured with such policy provisions shall constitute a breach of the in surance contract which, if prejudicial to the insurer, shall relieve the in surer of certain obligations; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 56-4, relating to kinds of insurance, rein surance, and limits of risk, as amended, is amended by adding a new Code Section 56-414 at the end thereof to read as follows:
"56-414. (a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy.
(b) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds."
Section 2. Code Chapter 68C-6, relating to other provisions pertain ing to financial responsibility, is amended by adding a new Code Section 68C-608 at the end thereof to read as follows:

990

JOURNAL OF THE SENATE

"68C-608. (a] No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy.
(b) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds."
Part 2
Section 3. Chapter 7 of Title 33 of the Official Code of Georgia An notated, relating to kinds of insurance, limits of risk, and reinsurance, is amended by adding a new Code Section 33-7-15 at the end thereof to read as follows:
"33-7-15. (a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy.
jb) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds."
Section 4. Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance, is amended by adding a new Code Section 40-9-103 at the end thereof to read as follows:
"40-9-103. (a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy.

FRIDAY, FEBRUARY 19, 1982

991

(b) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds.''
Part3
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are 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.

On 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 Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Holloway Horton Kennedy Kidd

Littlefield McKenzie Reynolds Scott Starr Stephens Summers Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Ballard Bond Greene Howard

Land Lester McGill

Robinson Sutton Tate

992

JOURNAL OF THE SENATE

Those not voting were Senators:

Bryant Dean Hill

Hudgins Hudson

Stumbaugh Wessels

On the passage of the bill, the yeas were 39, nays 10.

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

Senator Trulock of the 10th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 593.
The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:
HB 1156. By Representatives McDonald of the 12th, Jackson of the 9th, Logan of the 62nd and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment and inspection of motor vehicles, so as to repeal certain provisions relative to the annual motor vehicle safety in spections; to provide for annual safety inspections for school buses; to provide for a penalty for the failure to comply with certain requirements relative to safety equipment.

The Conference Committee Report on HB 1156 was as follows:
The Conference Committee on HB 1156 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1156 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Kyle T. Cobb Senator, 28th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Richard L. Greene Senator, 26th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Lauren McDonald, Jr. Representative, 12th District
/s/ Jerry D. Jackson Representative, 9th District
/s/ Steve Thompson Representative, 19th District

FRIDAY, FEBRUARY 19, 1982

993

Conference Committee substitute to HB 1156:
A BILL
To be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways," approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act ap proved April 5, 1972 (Ga. L. 1972, p. 989), so as to delete a provision relating to certain equipment being added to equipment inspected under annual motor vehicle inspections; to amend an Act known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," ap proved April 16, 1979 (Ga. L. 1979, p. 1213), as amended, so as to delete provisions relating to the consolidation of applications for certificates of authorization for motor vehicle inspection stations and to specify the conditions under which said Act shall be repealed; to amend Code title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act," as amended, by striking all the provisions of said Code Title in their entirety and inserting in lieu thereof a new Code Title 68E, relating to equipment requirements for motor vehicles, penalties for violations of said equip ment requirements, and the annual inspection of school buses; to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, so as to provide therein for the same changes mentioned above; to provide for the reimbursement of the purchase price of unused motor vehicle safety inspection stickers; to provide for legislative intent; to provide for other matters relative to the foregoing; to provide effective dates; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act known as the "Uniform Act Regulating Traffic on Highways," approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 5, 1972 (Ga. L. 1972, p. 989), is amended by striking subsection (f) of Section 117A which reads as follows:
"(f) Any such device as described in subsection (a) of this section shall be added to the list of equipment subject to inspection and shall be made a part of annual inspection of motor vehicles required by Ar ticle XVI of this Act. Before a valid motor vehicle inspection sticker can be placed on a vehicle, any such device must be repaired, re placed or corrected so it will be in the original design of the manufac turer.",
in its entirety.
Section 2. An Act known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," approved April 16, 1979 (Ga. L. 1979, p. 1213), as amended, is amended by striking subsection (3) of Section 10 which reads as follows:
"(3) The Commissioner may consolidate the application and cer tificate of authorization pursuant to this Act with the application and certificate of authority (or other station licensing procedure) establish-

994

JOURNAL OF THE SENATE

ed under the 'Uniform Act Regulating Traffic on Highways,' ap proved January 11, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., pp. 556, et seq.), as amended, relating to the licensing or certification of motor vehicle safety inspection stations, or with any similar station licensing or certification procedure established under any other law or Act governing the licensing or certification of Georgia Motor Vehicle Safe ty Inspection Station. The Commissioner may also consolidate the cer tificate of emission inspection with any certificate of safety inspection under any such law.",
in its entirety.
Section 3. Said Act known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act" is further amended by adding a new section between Section 14 and Section 15, to be designated Section 14A, to read as follows:
"Section 14A. Conditional repealer. This Act shall remain of force and effect only so long as the Federal Clean Air Act (42 U.S.C. 1857, et seq., as amended) shall require that the State of Georgia maintain and en force the inspection plan and program provided for in this part in order to reduce the ambient air levels of photochemical oxidents or carbon monoxide which exceed the levels specified by the National Ambient Air Quality Standards for such pollutants specified by the United States En vironmental Protection Agency pursuant to said Act. Upon the effective date of an amendment to the Federal Clean Air Act which shall allow the State of Georgia to discontinue the maintenance and enforcement of the inspection plan and program provided for in this part without the imposi tion of sanctions against the State of Georgia such as the loss of federal funds for sewage treatment plants, transportation projects, and air quali ty improvement projects, this Act shall be repealed.''
Section 4. Code Title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act'' is amended by striking said Code Title in its en tirety and inserting in lieu thereof a new Code Title 68E to read as follows:
"Title 68E
Equipment of Motor Vehicles
Chapter 68E-1. Equipment generally
68E-101. (a) Notwithstanding any provision of law to the contrary, all motor vehicles shall be equipped in accordance with the provisions of this title.
(b) This title shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors, except when expressly made applicable. This title shall not apply to motorized carts.
(c) Nothing in this title shall be construed to prohibit the use of additional parts and accessories on any vehicle, which use is not in consistent with the provisions of this title.

FRIDAY, FEBRUARY 19, 1982

995

68E-102. In addition to the requirements of this title, the Public Service Commission, as to the motor vehicles within its jurisdiction, shall have the authority to promulgate rules designed to promote safe ty. Any such rules promulgated or deemed necessary by such com mission shall include the following: every motor unit and all parts thereof shall be maintained in a safe condition at all times. The lights, brakes, and equipment shall meet such safety requirements as the commission shall promulgate from time to time.
68E-103. No vehicle or load, any portion of which drags or slides on the surface of the roadway, shall be used or transported on the highways. No vehicle shall be used or transported on the highways the wheels of which, while being used or transported, either from construction or otherwise, cause pounding on the road surface.
68E-104. (a) It shall be unlawful fpr any person to operate upon the public roads of this state any slow-moving vehicle or equipment, any animal-drawn vehicle, or any machinery designed for use and generally operated at speeds less than 25 miles per hour, including all road construction or maintenance equipment and machinery except when engaged in actual construction or maintenance procedures and all other construction equipment and machinery, unless there is displayed on the rear thereof an emblem which shall comply with subsection (b) of this Code section.
(b) The emblem required by subsection (a) of this Code section shall conform with those standards and specifications adopted for slow-moving vehicles by the American Society of Agricultural Engineers in December, 1966, and contained within such society's standard ASAE S276.1, or shall be an emblem of the same shape and size painted on such vehicle in a bright and conspicuous retroreflective red orange paint. Such emblem shall be mounted on the rear of such vehicles, in the approximate horizontal geometric center of the vehicles, at a height of three to five feet above the roadway, and shall be maintained at all times in a clean and reflective condition.
(c) Any person violating this Code section shall be guilty of a misdemeanor.
(d) Nothing in this Code section shall apply to any self-propelled, two-wheeled vehicle.
68E-105. (a) It shall be unlawful for any person knowingly to tamper with, adjust, alter, change, set back, disconnect, or fail to con nect an odometer of a motor vehicle, or to cuase any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than, the motor vehicle has actually been driven, except as provided in this Code section.
(b) It shall be unlawful for any person knowingly to bring into this state a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a) of this Code section.

996

JOURNAL OF THE SENATE

(c) It shall be unlawful for any person knowingly to sell or at tempt to sell a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a) of this Code section.
(d) Subsections (a), (b), and (c) of this Code section shall not apply to the disconnection of the odometer used for registering the mileage or use of new motor vehicles being tested by the manufacturer prior to delivery to a franchised dealer.
(e) It shall be unlawful for any person to advertise for sale, to sell, to use, to install, or to have installed any device which causes an odometer to register any mileage other than the actual mileage driven. For the purposes of this subsection, the actual mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance.
(f) It shall be unlawful for any person to conspire with any other person to violate this Code section.
(g) (1) In addition to any other penalty provided by law, any per son who, with intent to defraud, violates this Code section shall be liable in an amount equal to the sum of:
(A) Three times the amount of actual damages sustained or $1,500.00, whichever is greater; and
(B) In the case of any successful action to enforce the foregoing liability, the costs of the action, together with reasonable attorney's fees, as determined by the court.
(2) Any action to enforce any liability created under this subsec tion may be brought in any superior court or state court having proper jurisdiction, within two years from the date on which the liability arises.
(h) (1) If any person violates any provision of this Code section, the Attorney General, any district attorney in this state or any solicitor in this state may bring an action in any superior court or state court having jurisdiction to restrain such violation.
(2) Any action arising under paragraph (1) of this subsection may be brought within two years from the date of the violation.
(i) Any person violating this Code section shall be guilty of a misdemeanor.
68E-106. (a) It shall be unlawful to alter the suspension system of any private passenger motor vehicle which may be operated on any public street or highway more than two inches above or below the fac tory recommendation for any such vehicle.
(b) It shall be unlawful to operate any private passenger motor vehicle upon any highway, roadway, or street if the suspension system of such vehicle has been altered more than two inches above or below the factory recommendation for such vehicle.

FRIDAY, FEBRUARY 19, 1982

997

(c) It shall be unlawful to operate any motor vehicle upon any highway, roadway, or street if the springs relative to the suspension system are broken.
(d) Any person violating this Code section shall be guilty of a misdemeanor.
68E-107. (a) No person shall drive or move on any highway any motor vehicle, trailer, semitrailer, or pole trailer, or any combination thereof, unless equipment upon any and every such vehicle is in good working order and adjustment as required in this title and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.
(b) It is a misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved on any street or highway, any vehicle or combination of vehicles:
(1) Which is in such unsafe condition as to endanger any person;
(2) Which does not contain those parts or is not at all times equip ped with such lights and other equipment in proper condition and ad justment as required in this title; or
(3) Which is equipped in any manner in violation of this title.
(c) It is also a misdemeanor for any person to do any act forbid den or fail to perform any act required under this title.
(d) Any vehicle suspected of being operated in violation of this ti tle may be the subject of an inspection conducted by any law enforce ment officer who has reason to believe such violation is occurring, without the necessity of obtaining a warrant to permit such inspec tion.
68E-108. Every motor vehicle operated upon a public street or highway shall be equipped with a speedometer in good working order.
Chapter 68E-2. Lighting Equipment
68E-201. Every vehicle upon a highway within this state at any time from a half hour after sunset to a half hour before sunrise and at any time when it is raining in the driving zone and at any other time when there is not sufficient visibility to render clearly discernible per sons and vehicles on the highway at a distance of 500 feet ahead shall display lights, including headlights, and illuminating devices as re quired in this part for different classes of vehicles, subject to excep tions with respect to parked vehicles as stated in this chapter.
68E-202. (a) Whenever this title declares the required distance from which certain lights and devices shall render objects visible or within which such lights or devices shall be visible, such provisions shall apply during the times stated in Code Section 68E-201 in respect

998

JOURNAL OF THE SENATE

to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated.
(b) Whenever this title declares the required mounted height of lights or devices, it shall mean the distance from the center of such light or device to the level ground upon which the vehicle stands when such vehicle is without a load.
68E-203. (a) Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two but not more than four headlights, with at least one on each side of the front of the motor vehicle, which headlights shall comply with the requirements and limitations set forth in this title.
(b) Every motorcyle and every motor-driven cycle shall be equip ped with at least one and not more than two headlights, which shall comply with the requirements and limitations of this title.
(c) Every headlight upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the headlight of not more than 54 inches nor less than 24 inches, to be measured as set forth in subsection (b) of Code Section 68E-202.
(d) The headlights required by this Code section shall be main tained in proper working condition.
(e) It shall be unlawful to operate a motor vehicle unless such motor vehicle is equipped with aiming pads on each headlight.
68E-204. (a) Every motor vehicle, trailer, semitrailer, and pole trailer manufactured prior to January 1, 1954, shall be equipped with at least one tail light mounted on the rear, which when lighted as re quired in this title shall emit a red light plainly visible from a distance of 500 feet to the rear.
(b) Every motor vehicle, trailer, semitrailer, and pole trailer manufactured after January 1, 1954, shall be equipped with two tail lights which meet the specifications provided in this Code section.
(c) Every tail light upon every vehicle shall be located at a height of not more than 60 inches nor less than 20 inches, to be measured as set forth in subsection (b) of Code Section 68E-202.
(d) Either a tail light or a separate light shall be so constructed and . placed as to illuminate with a white light the rear registration plate
and render it clearly legible from a distance of 50 feet to the rear. Any tail light or tail lights, together with any separate light for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lights or auxiliary driving lights are lighted.
(e) All lenses on tail lights shall be maintained in good repair and shall meet manufacturers' specifications.

FRIDAY, FEBRUARY 19, 1982

999

68E-205. (a) Every motor vehicle manufactured after March 12, 1954, and operated upon a highway, other than a truck tractor, motor cycle, or motor-driven cycle, shall carry on the rear, either as a part of the tail lights or separately, two red reflectors, and every motorcycle and every motor-driven cycle shall carry on the rear at least one red reflector, meeting the requirements of this Code section.
(b) Every such reflector shall be mounted on the vehicle at a height not less than 20 inches nor more than 60 inches measured as set forth in subsection (b) of Code Section 68E-202 and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 300 feet to 50 feet from the rear of such vehicle ex cept that visibility from the greater distance is hereinafter required of reflectors on certain types of vehicles.
68E-206. (a) It shall be unlawful for any person to sell any motor vehicle manufactured after January 1, 1954, including any motorcycle or motor-driven cycle manufactured after January 1, 1954, in this state or for any person to drive such vehicle on the highways unless it is equipped with at least one brake light meeting the requirements of Code Section 68E-207.
(b) If a motor vehicle is manufactured with two brake lights, both must be operational.
(c) No person shall sell or offer for sale or operate on the highways any motor vehicle, trailer, or semitrailer registered in this state and manufactured or assembled after January 1, 1954, unless it is equipped with mechanical or electrical turn signals meeting the re quirements of Code Section 68E-207. This subsection shall not apply to any motorcyle or motor-driven cycle manufactured prior to January 1, 1972.
68E-207. (a) Any motor vehicle may be equipped and when re quired under this title shall be equipped with the following signal lights or devices:
(1) A brake light on the rear which shall emit a red light and which shall be actuated upon application of the service (foot) brake and which may but need not be incorporated with a tail light; and
(2) A light or lights or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible from both the front and the rear.
(b) Every brake light shall be plainly visible and understandable from a distance of 300 feet to the rear both during normal sunlight and at nighttime, and every signal light or lights indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of 300 feet from both the front and the rear. When a vehicle is equipped with a brake light or other signal lights, such light or lights shall at all times be maintained in good working condition. No brake light or signal light shall project a glaring or dazzl ing light.

1000

JOURNAL OF THE SENATE

(c) All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Code Section 68E-201.
(d) All lenses on brake lights and signal devices shall be maintain ed in good repair and shall meet manufacturer's specifications.
68E-208. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the loads, at the times specified in Code Section 68E-201, a red light plainly visible from a distance of at least 500 feet to the sides and rear. The red light re quired under this Code section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.
68E-209. (a) When a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise, and there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway, no lights need be displayed upon such parked vehicle.
(b) When a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lights meeting the following requirements: at least one light shall display a white or amber light visible from a distance of 500 feet to the front of the vehi cle, and the same light or at least one other light shall display a red light visible from a distance of 500 feet to the rear of the vehicle; and the location of such light or lights shall always be such that at least one light or combination of lights meeting the requirements of this Code section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. This subsection shall not apply to a motor-driven cycle.
(c) If a vehicle is manufactured with two lights meeting the re quirements of subsection (b) of this Code section, both such lights shall be maintained in good working order.
(d) Any lighted headlights upon a parked vehicle shall be depress ed or dimmed.
68E-210. (a) Any motor vehicle may be equipped with not to ex ceed one spotlight, and every lighted spotlight shall not be aimed and used upon any approaching vehicle. It shall be unlawful for any per son except law enforcement officers and persons licensed by the Georgia Board of Private Detectives and Security Agencies to operate a spotlight from any moving vehicle on any highway or public road way.

FRIDAY, FEBRUARY 19, 1982

1001

(b) Any motor vehicle may be equipped with not to exceed two foglights mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of four inches below the level of the center of the light from which it comes.
(c) Any motor vehicle may be equipped with not to exceed one auxiliary passing light mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands, and every such auxiliary passing light shall meet the requirements and limitations set forth in this title.
(d) Any motor vehicle may be equipped with not to exceed one auxiliary driving light mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands, and every such auxiliary light shall meet the re quirements and limitations set forth in this title.
68E-211. Except as hereinafter provided in this chapter, the headlights or the auxiliary driving light or the auxiliary passing light or combination thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and such lights may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
(1) There shall be an uppermost distribution of light, or com posite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading;
(2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver;
(3) Every new motor vehicle other than a motorcycle or a motordriven cycle registered in this state which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlights is in use, and shall not otherwise be lighted. Such indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
68E-212. Whenever a motor vehicle is being operated on a road way or shoulder adjacent thereto during the times specified in Code Section 68E-201, the driver shall use a distribution of light, or com posite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, sub ject to the following requirements and limitations:

1002

JOURNAL OF THE SENATE

(1) Whenever a driver of a vehicle approaches an oncoming vehi cle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in paragraph (2) of Code Section 68E211 shall be deemed to avoid glare at all times, regardless of road con tour and loading;
(2) Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtak ing and passing, such driver shall use a distribution of light permissi ble under this chapter other than the uppermost distribution of light specified in paragraph (1) of Code Section 68E-211.
68E-213. Any automobile operated by a rural mail carrier for the purpose of delivering mail shall be authorized to display two ambercolored lights so as to warn approaching travelers to decrease their speed because of the danger of colliding with such mail carrier as he stops and starts along the edge of the highway. Such amber lights should be visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle.
68E-214. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Code Section 68E-201 display a red taillight and either multiple-beam or single-beam road lighting equipment meeting the requirements of Code Sections 68E-243 and 68E-211, respectively.
68E-215. The color in all lighting equipment covered in this title shall be in accordance with Society of Automotive Engineers (SAE) Standard J578, April, 1965, as thereafter revised or amended.
Chapter 68E-3. Brakes
68E-301. (a) Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
(b) Every motorcycle and motor-driven cycle manufactured after January 1, 1974, when operated upon a highway, shall be equipped with at least two brakes which may be operated by hand or foot.
(c) Every trailer or semitrailer of 2,500 pounds gross weight or more shall be equipped with brakes on all wheels. Any farm trailer with two or more wheels, pulled from a tongue, used in or operated for farm purposes, including transporting fertilizer and agricultural materials to the farm, shall not be required to have an independent braking system thereon, provided such farm trailer shall not weigh over 4,000 pounds when empty.

FRIDAY, FEBRUARY 19, 1982

1003

68E-302. (a) One of the means of brake operation shall consist of a mechanical connection from the operating lever to the brake shoes or bands, and this brake shall be capable of holding the vehicle or com bination of vehicles stationary under any condition of loading on any upgrade or downgrade upon which it is operated.

(b) The brake shoes operating within or upon the drums on the vehicle wheels on any motor vehicle may be used for both service and hand operation.

68E-303. Every 1966 model motor vehicle and all subsequent model motor vehicles shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all con ditions of loading, on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.

68E-304. Every motor vehicle or combination of motor-drawn vehicles shall be capable of all times and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake within the distances specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances.

Vehicles or combinations of vehicles having brakes on all wheels

Feet to Stop From 20 Miles Per Hour

Deceleration in Feet
Per Second

30

14

Vehicles or combinations of vehicles not having brakes on all wheels

40

10.7

68E-305. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

1004

JOURNAL OF THE SENATE

Chapter 68E-4. Horns, Mufflers, Mirrors, and Tires
68E-401. (a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall, when it is reasonably necessary to ensure safe operation, give audible warning with his horn, but shall not otherwise use such horn when upon a highway.
(b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell except as otherwise permit ted in this Code section and Section 116 of an Act known as the 'Uniform Act Regulating Traffic on Highways,' approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 536), as amended.
(c) No vehicle shall be equipped with a theft alarm signal device which is so arranged that it can be used by the driver as an ordinary warning signal.
68E-402. (a) Every motor vehicle shall at all times be equipped with an exhaust system, in good working order and in constant opera tion, meeting the following specifications:
(1) The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler or muf flers and tail pipes;
(2) The use of flexible pipe shall be prohibited except on diesel tractors or according to manufacturers' original specifications;
(3) The exhaust emission point shall extend beyond the rear or outside of the passenger compartment. The trunk shall be considered as part of the passenger compartment;
(4) The exhaust system and its elements shall be securely fasten ed, including the consideration of missing or broken hangers; and
(5) There shall be no part of the exhaust system passing through the passenger compartment, or any exposed stack so located that any individual entering or leaving the vehicle may be burned.
(b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
(c) It shall be unlawful for any person to sell or offer for sale any muffler which causes excessive or unusual noise or annoying smoke, or any muffler cutout, bypass, or similar device for use on a motor vehicle, or for any person to use, to sell, or to offer for sale any motor vehicle equipped with any such muffler, muffler cutout, bypass, or similar device. Any person violating this subsection shall be guilty of a misdemeanor.

FRIDAY, FEBRUARY 19, 1982

1005

68E-403. Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's posi tion shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such vehicle.
68E-404. (a) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front wind shield, side windows, or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway.
(b) The windshield of every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture therefrom, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
(c) Every windshield wiper upon a motor vehicle shall be main tained in good working order.
(d) No opaque or solid material including, but not limited to, card board, plastic, and taped glass shall be employed in lieu of a glass windshield or window.
(e) No motor vehicle shall be operated with a windshield or rear window having a starburst or spider webbing effect greater than three inches by three inches.
68E-405. (a) No vehicle equipped with solid rubber tires shall be used or transported on the highways, unless every solid tubber tire on such vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery.
(b) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway.
(c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other pro tuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be per missible to use:
(1) Farm machinery with tires having protuberances which will not injure the highway; and
(2) Tire chains of reasonable proportions or tires equipped with safety spike-metal studs upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid.
(d) The Transportation Board and local authorities in their respec tive jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or trac tors having movable tracks with transverse corrugations upon the

1006

JOURNAL OF THE SENATE

periphery of such movable tracks, or of farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Code section.
(e) All tires:
(1) shall have not less than 2/32 inch tread measurable in all major grooves;
(2) shall be free from any cuts, breaks, or snags on tread and sidewall deep enough to expose body cord; and
(3) shall be free from bumps, bulges, or separations.
(f) No motor vehicle shall be operated on a public street or highway with tires that have been marked 'not for highway use,' 'for racing purposes only,' or 'unsafe for highway use.'
(g) Retreaded tires shall not be used upon the front wheels of buses.
68E-406. Every bus, truck, full trailer, semitrailer, and pole trailer, with the exception of local haul pulpwood trucks and local haul waste collection dumping trailers, shall be equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels to prevent, as far as practicable, such wheels from throwing dirt, gravel, rocks, water, or other materials on the windshields of following vehicles. Such protectors or flaps shall have a ground clearance of not more than one-half of the distance from the center of the rearmost axle to the center of the protector or flap under any con ditions of loading of the vehicle and shall be at least as wide as the tires they are covering; provided, however, that if any such bus, truck, full trailer, semitrailer, or pole trailer is so designed and con structed that the foregoing requirements are accomplished by means of fenders, body construction, or other enclosures, then the protectors or flaps provided for in this Code section shall not be required.
68E-407. (a) No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer.
(b) Any person violating this Code section shall be guilty of a misdemeanor.
68E-408. (a) used in this Code section, the term 'private passenger automobile' shall mean a four-wheel motor vehicle designed for car rying ten passengers or less, not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, pro vided that the term 'private passenger automobile' shall not include a multipurpose vehicle, which is, for the purposes of this Code section, defined as a motor vehicle, except a trailer, designed to carry ten passengers or less and constructed either on a truck chassis or with special features for occasional off-road operation.

FRIDAY, FEBRUARY 19, 1982

1007

(b) Every new private passenger automobile manufactured on and after August 1, 1973, which is sold or licensed in this state shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system conforming to all federal motor vehicle safety standards applicable to such automobile on the date of manufacture. The warranty may be given by means of the federal safety standard certification label affixed to the automobile.
(c) The warranty provisions of this Code section shall not be ap plicable with respect to any private passenger automobile as to which the manufacturer files a written certification under oath with the Department of Public Safety, on a form to be prescribed by that department, that the particular make and model described therein complies with the applicable standards of this Code section.
68E-409. (a) No person shall sell any motor vehicle manufactured after January 1, 1954, nor shall any such motor vehicle be registered unless such vehicle is equipped with safety glazing material of a type approved by the commissioner of public safety wherever glazing material is used in doors, windows, and windshields. The provisions of this Code section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck-tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows, and wind shields in the drivers' compartments of such vehicles.
(b) The term 'safety glazing materials' means glazing materials so constructed, treated, or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.
(c) Any person engaged in the business of replacing windshields or any side or rear windows of motor vehicles, which are subject to the provisions of this Code section, shall not replace such windshields or side or rear windows with any glazing material other than safety glazing material approved by the commissioner.
(d) The commissioner of public safety shall compile and publish a list of types of glazing materials by name approved by him as meeting the requirements of this Code section and the commissioner shall not register any motor vehicle which is subject to the provisions of this Code section unless it is equipped with an approved type of safety glazing materials, and he shall thereafter suspend the registration of any motor vehicle so subject to this Code section which he finds is not so equipped until it is made to conform to the requirements of this Code section.
(e) This Code section shall not be construed to require that side or rear windows of motor vehicles which were replaced or installed prior to January 1, 1954, must be replaced with safety glazing materials as provided in this Code section.

1008

JOURNAL OF THE SENATE

Chapter 68E-5. Inspection of School Buses
68E-501. (a) Every school bus which is defined by Ga. Code Sec tion 68A-101(46)(a) which is owned or operated by a state, county, or municipal government or under contract by any independent school system shall be inspected annually, or more frequently at the discre tion of the commissioner, under the supervision of an employee of the Department of Public Safety.
(b) Those employees of the Department of Public Safety shall supervise the inspection of such vehicle to determine if such vehicle possesses in safe operating condition the equipment required by Code Section 68A-706 and Section 89 of an Act approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended.
(c) If such vehicle is found to meet the equipment and safety re quirements specified in subsection (b), then the employee of the Department of Public Safety making the inspection shall authorize the issuance of a Motor Vehicle Inspection Certificate of Safety Inspection to such vehicle.
(d) If such vehicle does not meet the equipment and safety re quirements specified in subsection (b), then that vehicle shall not be operated on the streets and highways of this state, and no Motor Vehi cle Inspection Certificate of Safety Inspection shall be issued to such vehicle.
(e) All public school buses shall be made available for the inspec tion required under this Code section and no person shall conceal any bus required to be inspected under this Code section.
(f) The Board of Public Safety is authorized to implement any and all provisions of this Code section by the promulgation of necessary rules and regulations. When duly promulgated and adopted, all rules and regulations issued pursuant to this Code section shall have the force of law."
Section 5. All unused inspection stickers which have been purchas ed for certified inspection stations shall be returned to the Department of Public Safety not later than October 31, 1982, and the purchase price shall be refunded. The department shall have the authority to specify the manner in which the return of the inspection stickers and the refunds shall be made.
Part 2
Section 6. Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment and inspection of motor vehicles, is amended by striking Code Section 40-8-132, which reads as follows:
40-8-132. Any such device as is described in subsection (a) of Code Section 40-8-130 shall be added to the list of equipment subject to in spection and shall be made a part of the annual inspection of motor vehicles required by Article 4 of this chapter. Before a valid motor

FRIDAY, FEBRUARY 19, 1982

1009

vehicle inspection sticker can be placed on a vehicle, any such device must be repaired, replaced, or corrected so that it will be in the original design of the manufacturer.",
in its entirety.
Section 7. Said Chapter 8 is further amended by striking subsection (c) of Code Section 40-8-159, which reads as follows:
"(c) The commissioner may consolidate the application and cer tificate of authorization pursuant to this part with the application and certificate of authority or other station licensing procedure establish ed under Article 5 of this chapter, relating to the licensing or certifica tion of motor vehicle safety inspection stations, or with any similar station licensing or certification procedure established under any other law or act governing the licensing or certification of Georgia motor vehicle safety inspection stations. The commissioner may also consolidate the certificate of emission inspection with any certificate of safety inspection under any such law.'',
in its entirety and by redesignating subsections (d) and (e) of said Code Section 40-8-159 as subsections (c) and jd), respectively.
Section 8. Said Chapter 8 is further amended by adding at the end thereof a new Code Section 40-8-163 to read as follows:
"40-8-163. This Part 2 (the 'Georgia Motor Vehicle Emission In spection and Maintenance Act') shall remain of force and effect only so long as the Federal Clean Air Act (42 U.S.C. 1857, et seq., as amended) shall require that the State of Georgia maintain and enforce the inspection plan and program provided for in this part in order to reduce the ambient air levels of photochemical oxidents or carbon monoxide which exceed the levels specified by the National Ambient Air Quality Standards for such pollutants specified by the United States Environmental Protection Agency pursuant to said Act. Upon the effective date of an amendment to the Federal Clean Air Act which shall allow the State of Georgia to discontinue the maintenance and enforcement of the inspection plan and program provided for in this part without the imposition of sanctions against the State of Georgia such as the loss of federal funds for sewage treatment plants, transportation projects, and air quality improvement projects, this Part 2 shall be repealed."
Section 9. Said Chapter 8 is further amended by striking Article 4, relating to motor vehicle safety inspections, in its entirety and substituting in lieu thereof a new Article 4 to read as follows:
"Article 4
40-8-220. (a) Every school bus which is defined by paragraph (50) of Code Section 40-1-1 which is owned or operated by a state, county or municipal government or under contract by an independent school system shall be inspected annually, or more frequently at the discre tion of the commissioner of public safety, under the supervision of an employee of the Department of Public Safety.

1010

JOURNAL OF THE SENATE

(b) The employee of the department shall supervise the inspection of such vehicle to determine is such vehicle possesses in safe operating condition the equipment which is applicable to school buses required by Parts 1 through 4 of Article 1 of this chapter and the equipment required by Part 6 of Article 1 of this chapter.
(c) If such vehicle is found to meet the equipment and safety re quirements specified in subsection (b) of this Code section, then the employee of the department making the inspection shall issue a school bus certificate of safety inspection to the vehicle.
(d) If such vehicle does not meet the equipment and safety re quirements specified in subsection (b) of this Code section, then that vehicle shall not be operated on the streets and highways of this state, and no school bus certificate of safety inspection shall be issued to such vehicle.
(e) All public school buses shall be made available for the inspec tion required under this Code section, and no person shall conceal any bus required to be inspected under this Code section.
(f) The Board of Public Safety is authorized to implement any and all provisions of this Code section by the promulgation of necessary rules and regulations. When duly promulgated and adopted, all rules and regulations issued pursuant to this Code section shall have the force of law.
40-8-221. Any person who violates any provision of this article shall be guilty of a misdemeanor."
Section 10. Said Chapter 8 is further amended by striking Parts 1 through 4 of Article 1 in their entirety and inserting in lieu thereof the following:

"Part 1
40-8-1. (a) This article shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors, except when expressly made applicable. This article shall not apply to motorized carts.
(b) Nothing in this article shall be construed to prohibit the use of additional parts and accessories on any vehicle, which use is not in consistent with the provisions of this article.
40-8-2. In addition to the requirements of this article, the Public Service Commission, as to the motor vehicles within its jurisdiction, shall have the authority to promulgate rules designed to promote safe ty. Any such rules promulgated or deemed necessary by such com mission shall include the following: every motor unit and all parts thereof shall be maintained in a safe condition at all times. The lights, brakes, and equipment shall meet such safety requirements as the commission shall promulgate from time to time.

FRIDAY, FEBRUARY 19, 1982

1011

40-8-3. No vehicle or load any portion of which drags or slides on the surface of the roadway shall be used or transported on the highways. No vehicle shall be used or transported on the highways the wheels of which, while being used or transported, either from construction or otherwise, cause pounding on the road surface.
40-8-4. (a) It shall be unlawful for any person to operate upon the public roads of this state any slow-moving vehicle or equipment, any animal-drawn vehicle, or any machinery designed for use and generally operated at speeds less than 25 miles per hour, including all road construction or maintenance equipment and machinery except when engaged in actual construction or maintenance procedures and all other construction equipment and machinery, unless there is displayed on the rear thereof an emblem which shall comply with subsection (b) of this Code section.
(b) The emblem required by subsection (a) of this Code section shall confer with those standards and specifications adopted for slowmoving vehicles by the American Society of Agricultural Engineers in December, 1966, and contained within such society's standards ASAE S276.1, or shall be an emblem of the same shape and size painted on such vehicle in a bright and conspicuous retroreflective red orange paint. Such emblem shall be mounted on the rear of such vehicles, in the approximate horizontal geometric center of the vehicle, at a height of three to five feet above the roadway, and shall be maintained at all times in a clean and reflective condition.
(c) Any person violating this Code section shall be guilty of a misdemeanor.
(d) Nothing in this Code section shall apply to any self-propelled, two-wheeled vehicle.
40-8-5. (a) It shall be unlawful for any person knowingly to tamper with, adjust, alter, change, set back, disconect, or fail to connect an odometer of a motor vehicle, or to cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the motor vehicle has actually been driven, except as provided in this Code section.
(b) It shal be unlawful for any person knowingly to bring into this state a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a) of this Code section.
(c) It shall be unlawful for any person knowingly to sell or attempt to sell a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a) of this Code section.
(d) Subsections (a), (b), and (c) of this Code section shall not apply to the disconnection of the odometer used for registering the mileage or use of new motor vehicles being tested by the manufacturer prior to delivery to a franchised dealer.

1012

JOURNAL OF THE SENATE

(e) It shall be unlawful for any person to advertise for sale, to sell, to use, to install, or to have installed any device which causes an odometer to register any mileage other than the actual mileage driven. For the purposes of this subsection, the actual mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance.
(f) It shall be unlawful for any person to conspire with any other person to violate this Code section.
(g) (1) In addition to any other penalty provided by law, any per son who, with intent to defraud, violates this Code section shall be liable in an amount equal to the sum of:
(A) Three times the amount of actual damages sustained or $ 1,500.00, whichever is greater; and
(B) In the case of any successful action to enforce the foregoing liability, the costs of the action, together with reasonable attorney's fees, as determined by the court.
(2) Any action to enforce any liability created under this subsec tion may be brought in any superior court or state court having proper jurisdiction, within two years from the date on which the liability arises.
(h) (1) If any person violates any provision of this Code section, the Attorney General, any district attorney in this state or any solicitor in this state may bring an action in any superior court or state court having jurisdiction to restrain such violation.
(2) Any action arising under paragraph (1) of this subsection may be brought within two years from the date of the violation.
(i) Any person violating this Code section shall be guilty of a misdemeanor.
40-8-6. (a) It shall be unlawful to alter the suspension system of any private passenger motor vehicle which may be operated on any public street or highway more than two inches above or below the fac tory recommendation for any such vehicle.
(b) It shall be unlawful to operate any private passenger motor vehicle upon any highway, roadway, or street if the suspension of such vehicle has been altered more than two inches above or below the factory recommendation for such vehicle.
jc) It shall be unlawful to operate any motor vehicle upon any highway, roadway, or street if the springs relative to the suspension system are broken.
(d) Any person violating this Code section shall be guilty of a misdemeanor.

FRIDAY, FEBRUARY 19, 1982

1013

40-8-7. (a) No person shall drive or move on any highway any motor vehicle, trailer, semitrailer, or pole trailer, or any combination thereof, unless the equipment upon any and every such vehicle is in good working order and adjustment as required in this chapter and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.
(b) It is a misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved on any street or highway, any vehicle or combination of vehicles:
(1) Which is in such unsafe condition as to endanger any person:
(2) Which does not contain those parts or is not at all times equip ped with such lights and other equipment in proper condition and ad justment as required in this chapter; or
(3) Which is equipped in any manner in violation of this chapter.
(c) It is also a misdemeanor for any person to do any act forbidden or fail to perform any act required under this chapter.
(d) Any vehicle suspected of being operated in violation of this ar ticle may be the subject of an inspection conducted by any law en forcement officer who has reason to believe such violation is occur ring, without the necessity of obtaining a warrant to permit such in spection.
40-8-8. Every motor vehicle operated upon a public street or highway shall be equipped with a speedometer in good working order.
Part 2
40-8-20. Every vehicle upon a highway within this state at any time from a half hour after sunset to a half hour before sunrise and at any time when it is raining in the driving zone and at any other time when there is not sufficient visibility to render clearly discernible per sons and vehicles on the highway at a distance of 500 feet ahead shall display lights, including headlights, and illuminating devices as re quired in this part for different classes of vehicles, subject to excep tions with respect to parked vehicles as stated in this part.
40-8-21. (a) Whenever this article declares the required distance from which certain lights and devices shall render objects visible or within which such lights or devices shall be visible, such provisions shall apply during the times stated in Code Section 40-8-20 in respect to a vehicle without load when upon a straight, level, unlighted highway under atmospheric conditions, unless a different time or con dition is expressly stated.
(b) Whenever this article declares the required mounted height of lights or devices, it shall mean the distance from the center of such light or device to the level ground upon which the vehicle stands when such vehicle is without a load.

1014

JOURNAL OF THE SENATE

40-8-22. (a) Every motor vehicle other than a motorcycle or motordriven cycle shall be equipped with at least two but not more than four headlights, with at least one on each side of the front of the motor vehicle, which headlights shall comply with the requirements and limitations set forth in this article.
(b) Every motorcycle and every motor-driven cycle shall be equip ped with at least one and not more than two headlights, which shall comply with the requirements and limitations of this article.
(c) Every headlight upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the headlight of not more than 54 inches nor less than 24 inches, to be measured as set forth in subsection (b) of Code Section 40-8-21.
(d) The headlights required by this Code section shall be maintain ed in proper working condition.
(e) It shall be unlawful to operate a motor vehicle unless such motor vehicle is equipped with aiming pads on each headlight.
40-8-23. (a) Every motor vehicle, trailer, semitrailer, and pole trailer manufactured prior to January 1, 1954, shall be equipped with at least one tail light mounted on the rear, which when lighted as re quired in this article shall emit a red light plainly visible from a distance of 500 feet to the rear.
(b) Every motor vehicle, trailer, semitrailer, and pole trailer manufactured after January 1, 1954, shall be equipped with two tail lights which meet the specifications provided in this Code section.
(c) Every tail light upon every vehicle shall be located at a height of not more than 60 inches nor less than 20 inches, to be measured as set forth in subsection (b) of Code Section 40-8-21.
(d) Either a tail light or a separate light shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail light or tail lights, together with any separate light for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lights or auxiliary driving lights are lighted.
(e) All lenses on tail lights shall be maintained in good repair and shall meet manufacturers' specifications.
40-8-24. (a) Every motor vehicle manufactured after March 12, 1954, and operated upon a highway, other than a truck tractor, motor cycle, or motor-driven cycle, shall carry on the rear, either as a part of the tail lights or separately, two red reflectors, and every motorcycle and every motor-driven cycle shall carry on the rear at least one red reflector, meeting the requirements of this Code section.

FRIDAY, FEBRUARY 19, 1982

1015

(b) Every such reflector shall be mounted on the vehicle at a height not less than 20 inches nor more than 60 inches measured as set forth in subsection (b) of Code Section 40-8-21 and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 300 feet to 50 feet from the rear of such vehicle ex cept that visibility from the greater distance is hereinafter required of reflectors on certain types of vehicles.
40-8-25. (a) It shall be unlawful for any person to sell any motor vehicle manufactured after January 1, 1954, including any motorcycle or motor-driven cycle manufactured after January 1, 1954, in this state or for any person to drive such vehicle on the highways unless it is equipped with at least one brake light meeting the requirements of Code Section 40-8-26.
(b) If a motor vehicle is manufactured with two brake lights, both must be operational.
(c) No person shall sell or offer for sale or operate on the highways any motor vehicle, trailer, or semitrailer registered in this state and manufactured or assembled after January 1, 1954, unless it is equip ped with mechanical or electrical turn signals meeting the re quirements of Code Section 40-8-26. This subsection shall not apply to any motorcycle or motor-driven cycle manufactured prior to January 1, 1972.
40-8-26. (a) Any motor vehicle may be equipped and when re quired under this article shall be equipped with the following signal lights or devices:
(1) A brake light on the rear which shall emit a red light and which shall be actuated upon application of the service (foot| brake and which may but need not be incorporated with a tail light;
and
(2) A light or lights or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible from both the front and the rear.
jb) Every brake light shall be plainly visible and understandable from a distance of 300 feet to the rear both during normal sunlight and at nighttime, and every signal light or lights indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of 300 feet from both the front and the rear. When a vehicle is equipped with a brake light or other signal lights, such light or lights shall at all times be maintained in good working condition. No brake light or signal light shall project a glaring or daz zling light.
(c) All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Code Section 40-8-20.
(d) All lenses on brake lights and signal devices shall be maintain ed in good repair and shall meet manufacturers' specifications.

1016

JOURNAL OF THE SENATE

40-8-27. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in Code Section 40-8-20, a red light plainly visible from a distance of at least 500 feet to the sides and rear. The red light required under this Code section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the ex treme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.
40-8-28. (a) When a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise, and there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway, no lights need be displayed upon such parked vehicle.
(b) When a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lights meeting the following requirements: at least one light shall display a white or amber light visible from a distance of 500 feet to the front of the vehi cle, and the same light or at least one other light shall display a red light visible from a distance of 500 feet to the rear of the vehicle; and the location of such light or lights shall always be such that at least one light or combination of lights meeting the requirements of this Code section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. This subsection shall not apply to a motor-driven cycle.
(c) If a vehicle is manufactured with two lights meeting the re quirements of subsection (b) of this Code section, both such lights shall be maintained in good working order.
(d) Any lighted headlights upon a parked vehicle shall be depress ed or dimmed.
40-8-29. (a) Any motor vehicle may be equipped with not to ex ceed one spotlight, and every lighted spotlight shall not be aimed and used upon any approaching vehicle. It shall be unlawful for any per son except law enforcement officers and persons licensed under Chapter 43-38 to operate a spotlight from any moving vehicle on any highway or public roadway.
(b) Any motor vehicle may be equipped with not to exceed two foglights mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of four inches below the level of the center of the light from which it comes.

FRIDAY, FEBRUARY 19, 1982

1017

(c) Any motor vehicle may be equipped with not to exceed one auxiliary passing light mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands, and every such auxiliary passing light shall meet the requirements and limitations set forth in this article.
(d) Any motor vehicle may be equipped with not to exceed one auxiliary driving light mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands, and every such auxiliary driving light shall meet the requirements and limitations set forth in this article.
40-8-30. Except as hereinafter provided in this part, the headlights or the auxiliary driving light or the auxiliary passing light or combina tion thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and such lights may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
(1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading;
(2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver;
(3) Every new motor vehicle other than a motorcycle or a motordriven cycle registered in this state which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlights is in use, and shall not otherwise be lighted. Such indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
40-8-31. Whenever a motor vehicle is being operated on a road way or shoulder adjacent thereto during the times specified in Code Section 40-8-20, the driver shall use a distribution of light, or com posite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, sub ject to the following requirements and limitations:
(1) Whenever a driver of a vehicle approaches an oncoming vehi cle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in paragraph (2) of Code Section 40-8-30 shall be deemed to avoid glare at all times, regardless of road contour and loading;

1018

JOURNAL OF THE SENATE

(2) Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtak ing and passing, such driver shall use a distribution of light permissi ble under this chapter other than the uppermost distribution of light specified in paragraph (1) of Code Section 40-8-30.
40-8-32. Any automobile operated by a rural mail carrier for the purpose of delivering mail shall be authorized to display two ambercolored lights so as to warn approaching travelers to decrease their speed because of the danger of colliding with such mail carrier as he stops and starts along the edge of the highway. Such amber lights should be visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle.
40-8-33. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Code Section 40-8-20 display a red taillight and either multiple-beam or single-beam road lighting equipment meeting the requirements of Code Sections 40-8-23 and 40-8-30, respectively.
40-8-34. The color in all lighting equipment covered in this title shall be in accordance with Society of Automotive Engineers (SAE) Standard J578, April, 1965, as thereafter revised or amended.
Part 3
40-8-50. (a) Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
(b) Every motorcycle and motor-driven cycle manufactured after January 1, 1974, when operated upon a highway, shall be equipped with at least two brakes which may be operated by hand or foot.
(c) Every trailer or semitrailer of 2,500 pounds gross weight or more shall be equipped with brakes on all wheels. Any farm trailer with two or more wheels, pulled from a tongue, used in or operated for farm purposes, including transporting fertilizer and agricultural materials to the farm, shall not be required to have an independent braking system thereon, provided such farm trailer shall not weigh over 4,000 pounds when empty.
40-8-51. (a) One of the means of brake operation shall consist of a mechanical connection from the operating lever to the brake shoes or bands, and this brake shall be capable of holding the vehicle or com bination of vehicles stationary under any condition of loading on any upgrade or downgrade upon which it is operated.

FRIDAY, FEBRUARY 19, 1982

1019

(b) The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.

40-8-52. Every 1966 model motor vehicle and all subsequent model motor vehicles shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all con ditions of loading, on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative
brakes.

40-8-53. Every motor vehicle or combination of motor-drawn vehicles shall be capable of all times and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake within the distances specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances.

Vehicles or combinations of vehicles having brakes on all wheels

Feet to Stop From 20 Miles Per Hour

Deceleration in Feet
Per Second

30

14

Vehicles or combinations of vehicles not having brakes on all wheels

40

10.7

40-8-54. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

Part 4

40-8-70. (a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of

1020

JOURNAL OF THE SENATE

not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall, when it is reasonably necessary to ensure safe operation, give audible warning with his horn, but shall not otherwise use such horn when upon a highway.
(b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell except as otherwise permit ted in this Code section and Code Section 40-8-94.
(c) No vehicle shall be equipped with a theft alarm signal device which is so arranged that it can be used by the driver as an ordinary warning signal.
40-8-71. (a) Every motor vehicle shall at all times be equipped with an exhaust system, in good working order and in constant opera tion, meeting the following specifications:
(1) The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler or muf flers and tail pipes;
(2) The use of flexible pipe shall be prohibited except on diesel tractors or according to manufacturers' original specifications;
(3) The exhaust emission point shall extend beyond the rear or outside of the passenger compartment. The trunk shall be considered as part of the passenger compartment;
(4) The exhaust system and its elements shall be securely fasten ed, including the consideration of missing or broken hangers; and
(5) There shall be no part of the exhaust system passing through the passenger compartment, or any exposed stack so located that any individual entering or leaving the vehicle may be burned.
(b) the engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
(c) It shall be unlawful for any person to sell or offer for sale any muffler which causes excessive or unusual noise or annoying smoke, or any muffler cutout, bypass, or similar device for use on a motor vehicle, or for any person to use, to sell, or to offer for sale any motor vehicle equipped with any such muffler, muffler cutout, bypass, or similar device. Any person violating this subsection shall be guilty of a misdemeanor.
40-8-72. Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's posi tion shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such vehicle.

FRIDAY, FEBRUARY 19, 1982

1021

40-8-73. (e) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshields, side windows, or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway.
(b) The windshield of every vehicle shall be equipped with a device for cleaning rain, snow, or other moisture therefrom, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
(c) Every windshield wiper upon a motor vehicle shall be main tained in good working order.
(d) No opaque or solid material including, but not limited to, card board, plastic, and taped glass shall be employed in lieu of a glass windshield or window.
(e) No motor vehicle shall be operated with a windshield or rear window having a starburst or spider webbing effect greater than three inches by three inches.
40-8-74. (a) No vehicle equipped with solid rubber tires shall be used or transported on the highways, unless every solid rubber tire on such vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery.
(b) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway.
(c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or other pro tuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be per missible to use:
(1) Farm machinery with tires having protuberances which will not injure the highway; and
(2) Tire chains of reasonable proportions or tires equipped with safety spike-metal studs upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid.
(d) The Transportation Board and local authorities in their respec tive jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or trac tors having movable tracks with transverse corrugations upon the periphery of such movable tracks, or of farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Code section.
(e) All tires:

1022

JOURNAL OF THE SENATE

(1) Shall have not less than 2/32 inch tread measurable in all major grooves;
(2) Shall be free from any cuts, breaks, or snags on tread and sidewall deep enough to expose body cord; and
(3) Shall be free from bumps, bulges, or separations.
(f) No motor vehicle shall be operated on a public street or highway with tires that have been marked 'not for highway use,' 'for racing purposes only,' or 'unsafe for highway use.'
(g) Retreaded tires shall not be used upon the front wheels of buses.
40-8-75. Every bus, truck, full trailer, semitrailer, and pole trailer, with the exception of local haul pulpwood trucks and local haul waste collection dumping trailers, shall be equipped with suitable metal pro tectors or substantial flexible flaps on the rearmost wheels to prevent, as far as practicable, such wheels from throwing dirt, gravel, rocks, water, or other materials on the windshields of following vehicles. Such protectors or flaps shall have a ground clearance of not more than one-half of the distance from the center of the rearmost axle to the center of the protector or flap under any conditions of loading of the vehicle and shall be at least as wide as the tires they are covering; provided, however, that if any such bus, truck, full trailer, semitrailer, or pole trailer is so designed and constructed that the foregoing requirements are accomplished by means of fenders, body construction, or other enclosures, then the protectors or flaps pro vided for in this Code section shall not be required.
40-8.-76. (a) No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer.
(b) Any person violating this Code section shall be guilty of a misdemeanor.
40-8-77. (a) As used in this Code section, the term 'private passenger automobile' shall mean a four-wheel motor vehicle design ed for carrying ten passengers or less, not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, provided that the term 'private passenger automobile' shall not include a multipurpose vehicle, which is, for the purposes of this Code section, defined as a motor vehicle, except a trailer, designed to carry ten passengers or less and constructed either on a truck chassis or with special features for occasional off-road operation.
jb) Every new private passenger automobile manufactured on and after August 1, 1973, which is sold or licensed in this state shall be sold subject to the manufacturer's warrany that it is equipped with an appropriate energy absorption system conforming to all federal motor

FRIDAY, FEBRUARY 19, 1982

1023

vehicle safety standards applicable to such automobile on the date of manufacture. The warranty may be given by means of the federal safety standard certification label affixed to the automobile.
(c) The warranty provisions of this Code section shall not be ap plicable with respect to any private passenger automobile as to which the manufacturer files a written certification under oath with the Department of Public Safety, on a form to be prescribed by that department, that the particular make and model described therein complies with the applicable standards of this Code section.
40-8-78. (a) No person shall sell any motor vehicle manufactured after January 1, 1954, nor shall any such motor vehicle be registered unless such vehicle is equipped with safety glazing material of a type approved by the commissioner of public safety wherever glazing material is used in doors, windows, and windshields. The provisions of this Code section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck-tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows, and wind shields in the driver's compartments of such vehicles.
(b) The term 'safety glazing materials' means glazing materials so constructed, treated, or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.
(c) Any person engaged in the business of replacing windshields or any side or rear windows of motor vehicles, which are subject to the provisions of this Code section, shall not replace such windshields or side or rear windows with any glazing material other than safety glazing material approved by the commissioner.
(d) The commissioner of public safety shall compile and publish a list of types of glazing materials by name approved by him as meeting the requirements of this Code section and the commissioner shall not register any motor vehicle which is subject to the provisions of this Code section unless it is equipped with an approved type of safety glazing materials, and he shall thereafter suspend the registration of any motor vehicle so subject to this Code section which he finds is not so equipped until it is made to conform to the requirements of this Code section.
(e) This Code seciton shall not be construed to require that side or rear windows or motor vehicles which were replaced or installed prior to January 1, 1954, must be replaced with safety glazing material as provided in this Code section.''
Parts
Section 11. The General Assembly finds that properly equipped and serviced vehicles contribute to the public welfare and safety of the citizens of Georgia through the reduction of motor vehicle accidents

1024

JOURNAL OF THE SENATE

resulting from mechanical failure. The General Assembly also finds that it is the responsibility of all motorists to maintain their motor vehicles in proper working condition. It is the intent of this Act to encourage all citizens to maintain their motor vehicles in safe operating condition. It is furthermore the intent of this Act to encourage the Department of Human Resources to promulgate rules and regulations specifying minimum standards for motor vehicles used to transport persons to and from day care centers or child care centers licensed by said department.
Section 12. (a) Except as provided in subsection jc) of this section, this Act shall become effective upon the approval of the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 13. All laws and parts of laws in conflict with this act are repealed.

Senator Cobb of the 28th moved that the Senate adopt the Conference Commit tee Report on HB 1156.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Barnes Bell Bowen Brannon Brantley Bryant Cobb Coleman Coverdell Deal Eldridge English Engram

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

McGill
McKenzie Reynolds Robinson Starr Stephens Stumbaugh Summers Sutton Tate Trulock Turner Walker

Those voting in the negative were Senators:

Allgood
Barker Broun of 46th

Brown of 47th
Kidd Lester

Scott Tysinger

FRIDAY, FEBRUARY 19, 1982

1025

Those not voting were Senators:

Bond
Dean Hill

Hudgins
Littlefield Thompson

Timmons Wessels

On the motion, the yeas were 40, nays 8; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1156.

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

HB 1391. By Representatives Lambert of ths 112th, Argo of the 63rd, Phillips of the 120th and Dobbs of the 74th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia An notated, relating to waste management, so as to enact into law the Southeast Interstate Low-Level Radioactive Waste Management Com pact.
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 Bowen Brannon Brantley Broun of 46th Brown of 47th
Cobb Coleman Coverdell Deal Eldridge English

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

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

1026

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Horton

Kidd

Stephens

Those not voting were Senators:

Bond
Bryant Dean

Hudgins McGill

Tysinger Wessels

On the passage of the bill, the yeas were 46, nays 3.

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

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

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.
Senate Sponsors: Senators Evans of the 37th and Turner of the 8th.

The Senate Committee on Special Judiciary offered the following substitute to HB629:
A BILL
To be entitled an Act 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 counties within such circuits under certain condi tions; to amend Code Section 101-205, relating to distribution and sale of copies of laws and journals, as amended, so as to authorize chief judges of judicial circuits to discontinue or restore distribution of sets of Georgia Session Laws and legisktive journals to counties within such circuits under certain conditions; to amend the Official Code of Georgia An notated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 90-210, relating to distribution of copies of appellate reports, as amended, is hereby amended by adding at the end of subsection (d) thereof the following new paragraph:

FRIDAY, FEBRUARY 19, 1982

1027

"Notwithstanding the provisions of this subsection regarding distribution of copies to superior courts and to judges of the probate courts, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's authorized number of copies of reports, as such judge determines the needs therefor, upon written re quest to the librarian. In any event, at least one copy of each report shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public.''
Section 2. Code Section 101-205, relating to distribution and sale of copies of laws and journals, as amended, is hereby amended by adding at the end of subsection (a) thereof, relating to Georgia Session Laws, the following new paragraph:
"Notwithstanding the provisions of this subsection regarding distribution of sets of session laws to superior courts and to judges of the probate court, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's authorized number of sets of session laws, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one set of each session laws shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public."
Section 3. Code Section 101-205, relating to distribution and sale of laws and journals, as amended, is hereby amended by striking from subsection (b) thereof, relating to journals of the House and Senate, the following:
"Judge of the Probate Court. ........................ one set (each county)",
and inserting in lieu thereof the following:
"Judge of the Probate Court. ........................ one set (each county)
The chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of that county's set of journals, as such judge determines the needs therefor, upon written request to the librarian."
Part 2
Section 4. Code Section 50-11-10, relating to distribution of.laws and journals by the state librarian, is amended by adding at the end new subsections (d) and (e) to read as follows:
" (d) Notwithstanding the provisions of paragraph (1) of subsection (a) of this Code section, regarding distribution of sets of session laws to superior courts and to judges of the probate court, the chief judge of

1028

JOURNAL OF THE SENATE

the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's authorized number of sets of session laws, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one set of each session laws shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public.
(e) Notwithstanding the provisions of paragraph (2) of subsection (a) of this Code section regarding distribution of journals to judges of the probate court, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of that county's set of journals, as such judge determines the needs therefor, upon written request to the librarian."
Section 5. Code Section 50-18-31 of the Official Code of Georgia An notated, relating to the procedure for distribution of reports, is amended by adding at the end thereof a new paragraph (5) to read as follows:
"(5) Notwithstanding the provisions of paragraph (4) of this Code section regarding distribution of reports to superior courts and to judges of the probate courts, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's authorized number of copies of reports, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one copy of each report shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public."
Parts
Section 6. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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

FRIDAY, FEBRUARY 19, 1982

1029

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bowen Brannon Broun of 46th Brown of 47th Bryant
Cobb Coleman Deal 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 Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brantley Coverdell

Dean Hill

Holloway (presiding) Wessels

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 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 1386. By Representative Bishop of the 94th:
A bill to amend Chapter 2 of Title 30 of the Official Code of Georgia An notated, relating to the Georgia Factory for the Blind, so as to redesignate said agency as the Georgia Industries for the Blind; to change a reference to factory to industry or industries.

1030

JOURNAL OF THE SENATE

HB 1290. By Representatives Walker of the 115th, Ware of the 68th, Phillips of the 125th and others:
A bill to amend Code Chapter 27-15, relating to demurrers and special pleas, so as to change provisions relating to the plea of insanity at the time of the commission of a crime.

HB 1205. By Representatives Richardson of the 52nd, Felton of the 22nd, Childs of the 51 st and others: \
A bill to amend Code Section 36-2-2 of the Official Code of Georgia An notated, relating to residents of militia districts, so as no longer to require residents constituting a militia district to be males.

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

HR 513. By Representative Snow of the 1 st:
A resolution to repeal Resolution Act No. 68, adopted at the 1981 regular session of the General Assembly, which resolution proposed an amend ment to the Constitution so as to provide for amendment of the Constitu tion by ratification of two or more new articles or two or more new ar ticles with related changes as a single amendment.

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

SB 583. By Senators Howard of the 42nd and Holloway of the 12th:
A bill to amend Code Section 84-1102, relating to appointment of a Board of Examiners in Optometry, as amended, so as to continue the Board of Examiners in Optometry and the laws relating thereto but to provide for the later termination of that Board and those laws; to amend the Official Code of Georgia Annotated accordingly.

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

SB 207. By Senators Broun of the 46th and Tysinger of the 41 st:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act," so as to change the provisions relative to the minimum insurance coverage required for motor vehicles.

FRIDAY, FEBRUARY 19, 1982

1031

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

HR 513. By Representative Snow of the 1 st:
A resolution to repeal Resolution Act No. 68 (Senate Resolution No. Ill), adopted at the 1981 regular session of the General Assembly, which resolution proposed an amendment to the Constitution so as to provide for amendment of the Constitution by ratification of two or more new ar ticles or two or more new articles with related changes as a single amend ment.
Referred to Committee on Judiciary.

HB 1205. By Representatives Richardson of the 52nd, Felton of the 22nd, Childs of the 51st and Lowe of the 43rd:
A bill to amend Code Section 36-2-2 of the Official Code of Georgia An notated, relating to residents of militia districts, so as no longer to require residents constituting a militia district to be males.
Referred to Committee on Human Resources.

HB 1290. By Representatives Walker of the 115th, Ware of the 68th, Phillips of the 125th and others:
A bill to amend Code Chapter 27-15, relating to demurrers and special pleas, so as to change provisions relating to the plea of insanity at the time of the commission of a crime.
Referred to Committee on Judiciary.

HB 1386. By Representative Bishop of the 94th:
A bill to amend Chapter 2 of Title 30 of the Official Code of Georgia An notated, relating to the Georgia Factory for the Blind, so as to redesignate said agency as the Georgia Industries for the Blind; to change a reference to factory to industry or industries.
Referred to Committee on Education.

The President resumed the Chair.
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 56. By Representatives Steinberg of the 46th, Fuller of the 27th, Holmes of the 39th and others:
A bill to amend Code Chapter 34-6, relating to registration of electors, so as to change certain rules for determining residence of persons desiring to register to vote.
Senate Sponsor: Senator Horton of the 17th.

1032

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Broun of 46th Dean Fincher of 52nd

Hill Hudgins

Timmons Wessels

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

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

SB 590. By Senators Cobb of the 28th, Walker of the 19th, English of the 21st and others:
A bill to amend Code Section 45-527, relating to alligator hides, skins, and products, so as to authorize the transportation, possession, and sale of alligator hides, skins, or products from alligators lawfully possessed, taken, or acquired and to require retention of documentation proving the place of origin of any such hides, skins, or meat; to amend the Official Code of Georgia Annotated accordingly.

FRIDAY, FEBRUARY 19, 1982

1033

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

On the passage of the bill, 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 Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Hill Holloway Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

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

Those not voting were Senators:

Coverdell Dean Fincher of 52nd

Greene Horton

Starr Wessels

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

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

SB 622. By Senator Barker of the 18th:
A bill to amend an Act entitled "The Economic Rehabilitation Act of 1975", so as to clarify the purpose of said Act; to change the definition of certain terms; to change the provisions relative to the administration of certain community service programs; to clarify certain provisions relative to available funds and the allocation of such funds; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

Senator Barker of the 18th moved that SB 622 be postponed until Wednesday, February 24.

1034

JOURNAL OF THE SENATE

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 622 was postponed until Wednesday, February 24.

SB 655. By Senator Kidd of the 25th:
A bill to amend Code Section 24-2823, relating to sheriff's fees, as amended, so as to change certain fees of the sheriffs; to amend the Of ficial Code of Georgia Annotated accordingly; to provide for automatic repeal of certain provisions of this Act.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bell Bond Bowen Brannon Brantley Bryant Cobb Coleman Coverdell Eldridge English Engram Evans

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

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

Those voting in the negative were Senators:

Ballard Barnes

Brown of 47th Deal

Those not voting were Senators:

Broun of 46th Dean

Fincher of 54th Timmons

Littlefield Thompson
Wessels

On the passage'of the bill, the yeas were 45, nays 6.

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

FRIDAY, FEBRUARY 19, 1982

1035

SB 512. By Senator Hudgins of the 15th:
A bill to amend Chapter 3 of Title 27 of the Official Code of Georgia, relating to wildlife generally, so as to prohibit the use of certain trapping devices in the municipalities of this state; to provide a penalty.

The Senate Committee on Natural Resources and Environmental Quality of fered the following substitute to SB 512:

A BILL
To be entitled an Act to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to pro hibit the use of certain trapping devices within 100 yards of an occupied dwelling of another without the written permission of the owner or ten ant of said dwelling; 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. Chapter 3 of Title 27 of the Official Code of Georgia An notated, relating to wildlife generally, is amended by adding between Code Sections 27-3-63 and 27-3-64 a new Code section, to be designated Code Section 27-3-63.1, to read as follows:
"27-3-63.1 (a) It shall be unlawful for any person to use trapping devices commonly known as 'steel traps,' 'steel jaw traps,' or 'leghold traps' for the purpose of capturing animals within 100 yards of an occupied dwelling of another without the written permission of the owner or tenant of said dwelling.
|b) any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are 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 wasas follows:

1036

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Eldridge English Engram

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

Those not voting were Senators:

Broun of 46th Deal

Dean Timmons

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

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

The bill, having received the requisite constitutional majority, was passed by subssttiittunttpe.
SB 542. By Senator Ballard of the 45th:
A bill to amend Code Section 47-9-60 of the Official Code of Georgia An notated, relating to the creation of the office of senior judge under the Superior Court Judges Retirement System, so as to change the provisions relating to senior judges; to provide an effective date.

FRIDAY, FEBRUARY 19, 1982

1037

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 Tate, Chairman

Senate Retirement Committee

FROM:

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

DATE:

January 22, 1982

SUBJECT: Fiscal Note--Senate Bill 542 (LC 7 4677) Superior Court Judges' Retirement System

This bill would allow senior judges to resign from office within 90 days after retirement to practice law or run for and hold elective or ap pointive public office. Any senior judge resigning from that office would not be eligible for subsequent reappointment as a senior judge, but would continue receiving retirement or disability benefits under the system. Currently senior judges are prohibited from election or appoint ment to any other office in this state while receiving retirement or disability benefits, and they may not practice law while receiving benefits.

This Bill's fiscal impact cannot be determined; however, the cost to the retirement system would be the elimination of savings realized when benefits are not paid to persons who resign to practice law or run for or hold public office. This cost cannot be estimated since the number of members who would choose to practice law or run for or hold public of fice under the current provisions cannot be predicted.

It should be noted that senior judges may be called upon to serve as judges of the superior courts when the regular judge is unable to serve. Should a senior judge resign that position, he would no longer be available to serve as an additional or substitute judge of the superior courts.

1st William M. Nixon State Auditor

I si Clark T. Stevens, Director Office of Planning and Budget

1038

JOURNAL OF THE SENATE

The Senate Committee on Retirement offered the following amendment:

Amend SB 542 by striking from lines 17 and 18 of Page 1 the follow ing:
"run for and hold elective or appointive public office".

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 Tate, Chairman

Senate Retirement Committee

FROM:

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

DATE:

February 11, 1982

SUBJECT: Fiscal Note- Senate Bill 542 Amended (LC 7 4677, AM 14 0262) Superior Court Judges' Retirement System

This Bill, as amended, would allow senior judges to resign from of fice within 90 days after retirement to practice law. Any senior judge resigning from that office would not be eligible for subsequent reappointment as a senior judge, but would continue receiving retirement or disability benefits under the system. Currently senior judges are pro hibited from practicing law while receiving retirement or disability benefits.

This Bill's fiscal impact cannot be determined; however, the cost to the retirement system would be the elimination of the savings realized when benefits are not paid to persons who resign to practice law. This cost cannot be estimated since the number of members who would choose to practice law under the current provisions cannot be predicted.

It should be noted that senior judges may be called upon to serve as judges of the superior courts when the regular judge is unable to serve. Should a senior judge resign that position, he would no longer be available to serve as an additional or substitute judge of the superior courts.

Is/ W. M. Nixon State Auditor

1st C. T. Stevens, Director Office of Planning and Budget

FRIDAY, FEBRUARY 19, 1982

1039

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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge

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

Those not voting were Senators:

Dean Fincher of 52nd

Horton Timmons

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

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 Holloway of the 12th, President Pro Tempore, resumed the Chair.
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". Senate Sponsor: Senator Littlefield of the 6th.

1040

JOURNAL OF THE SENATE

The Senate Committee on Special Judiciary offered the following substitute to HB610:

A BILL
To be entitled an Act to amend Code Chapter 24A-23A, relating to designated felony acts under the "Juvenile Court Code of Georgia," so as to change the definition of the term ' 'designated felony act''; to specify when commitment to the Division of Youth Services and restrictive custody shall be mandatory; to amend Code Chapter 24A-25, relating to transfers from juvenile courts to other courts for criminal prosecution, so as to specify when proceedings shall be transferred to superior court for criminal prosecution; to provide for all related matters; to amend the Of ficial Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 24A-23A, relating to designated felony acts under the "Juvenile Court Code of Georgia," is amended by replacing Code Section 24A-2301A with a new Code section to read as follows:
"24A-2301A. Definition. 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(1) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age;
(2) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson the second degree, robbery, or armed robbery, if done by a juvenile 13 or more years of age;
(3) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age;
(4) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent for an act which, if done by an adult, would have been the crime of burglary.
'Intensive Supervision' means monitoring of a youth's activities on a more frequent basis than regular Aftercare Supervision pursuant to regulations of the director of the division.
'A carefully arranged and monitored home visit' shall mean a home visit during which the youth shall be monitored by appropriate personnel of the Division of Youth Services designated pursuant to regulations of the director of the division."
Section 2. Code Chapter 24A-25, relating to transfers from juvenile courts to other courts for criminal prosecution, is amended by adding a new Code Section 24A-2502 to read as follows:

FRIDAY, FEBRUARY 19, 1982

1041

"24A-2502. Mandatory transfers, (a) After petition has been filed alleging that a child has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary if done by an adult and the child has twice previously been found to be delinquent because of acts which would have constituted the crime of burglary if done by an adult.
(b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 24A-1801, 24A-2001, and 24A-2002. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and his parents, guardian, or other custodian at least three days before the hearing.
(c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall transfer the offense to superior court for prosecution. The transfer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of in quiry that there is probable cause to commit the child as a defendant to the criminal court competent to try him.
(d) Upon the transfer of any matter to superior court under this Code section, the District Attorney may after investigation report to the judge that the matter should be retransferred to juvenile court; and the superior court shall upon such a report order the matter retransferred to juvenile court. After such a retransfer, the provisions of subsection (c) of Code Section 24A-2302A shall apply as in other cases."
Part 2
Section 3. Chapter 11 of Title 15 of the Official Code of Georgia An notated, relating to juvenile court proceedings, is amended by replacing paragraph (2) of subsection (a) of Code Section 15-11-37 with a new paragraph to read as follows:
"(2) 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(A) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age;
(B) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, robbery, or armed robbery, if done by a juvenile 13 or more years of age; or
(C) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age; or
(D) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent for an act which, if done by an adult, would have been the crime of burglary."

1042

JOURNAL OF THE SENATE

Section 4. Said chapter is further amended by adding a new Code Section 15-11-39.1 to read as follows:
"15-11-39.1. (a) After a petition has been filed alleging that a child has committed a designated felony act, the court shall follow the pro cedure specified in this Code section if the designated felony act al leged to have been committed would have constituted the crime of burglary if done by an adult and the child has twice previously been found to be delinquent because of acts which would have constituted the crime of burglary if done by an adult.
(b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and his parents, guardian, or other custodian at least three days before the hearing.
(c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall transfer the offense to superior court for pros ecution. The transfer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of inquiry that there is probable cause to commit the child as a defendant to the criminal court competent to try him.
(d) Upon the transfer of any matter to superior court under this Code section, the district attorney may after investigation report to the judge that the matter should be retransferred to juvenile court; and the superior court shall upon such a report order the matter retransferred to juvenile court. After such a retransfer, the provisions of subsection (d) of Code Section 15-11-37 shall apply as in other cases."
Parts
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
jc) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Littlefield of the 6th offered the following amendment:
Amend the substitute to HB 610 offered by the Senate Committee on Special Judiciary by adding between the words "delinquent" and "for" on Page 2, line 5, and again on Page 4, line 5, the following language:
' 'at separate court appearances''.

FRIDAY, FEBRUARY 19, 1982

1043

On the adoption of the amendment, the yeas were 32, nays 0, and the amend ment was adopted.

Senator Littlefield of the 6th offered the following amendment:
Amend the substitute to HB 610 offered by the Senate Committee on Special Judiciary by adding between the words "child" and "has" on Page 2, line 21, and on Page 4, line 10, the following language:
" 15 years of age or older''.

On the adoption of the amendment, the yeas were 30, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yes 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 Broun of 46th Brown of 47th Coleman Coverdell Deal Eldridge

English Evans Fincher of 52nd Foster Gillis Greene Horton Howard Kidd Land

Lester Littlefield McGill Reynolds Robinson Starr Stephens Stumbaugh Walker

Those voting in the negative were Senators:

Barnes Bond Bowen Brannon Brantley Bryant Cobb Engram

Fincher of 54th Garner Hill Hudgins Hudson Kennedy McKenzie Scott

Summers Sutton Tate Thompson Trulock Turner Tysinger

1044

JOURNAL OF THE SENATE

Those not voting were Senators:

Dean Holloway (presiding)

Timmons

Wessels

On the passage of the bill, the yeas were 29, nays 23.

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

Senator Hudgins of the 15th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 610.

SB 657. By Senators Robinson of the 27th, Littlefield of the 6th, Barker of the 18th and others:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Aseembly, so as to create a Joint Committee for Review of Administration Rules; to provide for the powers, duties, authority, practices and procedures of the committee; to provide for the appointment of members; to provide for officers; to provide for the suspension of rules and regulations; to provide for employees; to provide an effective date.

Senator Robinson of the 27th moved that SB 657 be postponed until the twentyfifth legislative day.

On the motion, the yeas were 13, nays 26; the motion was lost, and SB 657 was not postponed until the twenty-fifth legislative day.

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

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 Eldridge Garner Greene

Hudgins Kidd Robinson Stumbaugh

Sutton Thompson Trulock

FRIDAY, FEBRUARY 19, 1982

1045

Those voting in the negative were Senators:

Allgood Ballard Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman

Coverdell Deal English Engram Fincher of 52nd Fincher of 54th Foster Gillis Hill Horton Howard Hudson Kennedy

Land Lester McGill McKenzie Reynolds Scott Starr Stephens Summers Tate Turner Tysinger Walker

Those not voting were Senators:

Dean Evans

Holloway (presiding) Littlefield

Timmons Wessels

On the passage of the bill, the yeas were 11, nays 39.

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

HB 1200. By Representatives Richardson of the 52nd, Wood of the 9th, Hays of the 1st and others:
A bill to amend Code Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new Code Chapter 30, relating to reports on veterans exposed to Agent Orange.
Senate Sponsors: Senators Robinson of the 27th and Broun of the 46th.

Senator Broun of the 46th offered the following amendment:
Amend HB 1200 by striking the quotation mark from line 25 of Page 4 and by adding after line 25 of Page 4 the following:
"31-30-9. This chapter shall become effective when and to the ex tent that funds are appropriated and available to the Department of Human Resources under an appropriation which specifically refers to this chapter and provides that it is intended for the implementation of this chapter.' "

On the adoption of the amendment, the yeas were 38, nays 5, and the amend ment was adopted.

1046

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

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

English Engram Evans Fincherof54th 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 Turner Tysinger Walker

Those not voting were Senators:

Dean Fincher of 52nd

Holloway (presiding) Timmons

Trulock Wessels

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

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

HB 307. By Representatives Richardson of the 52nd, Steinberg of the 46th, Galer of the 97th and Couch of the 43rd:
A bill to amend Code Chapter 79-4, relating to domicile, so as to provide for the domicile of married persons.
Senate Sponsor: Senator Barnes of the 33rd.

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

FRIDAY, FEBRUARY 19, 1982

1047

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

Those voting in the affirmative were Senators:

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

English Engram Foster Garner Gillis Greene Hill Horton Howard Kennedy Kidd Land Littlefield

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Tate Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Bowen Brannon Fincher of 52nd

Fincherof54th Hudson Lester

McGill Sutton Thompson

Those not voting were Senators:

Dean Evans

Holloway (presiding) Hudgins

Timmons Wessels

On the passage of the bill, the yeas were 40, nays 10.
The bill, having received the requisite constitutional majority, was passed.
Senator Brannon of the 51st gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 307.
HB 1378. By Representatives Hawkins of the 50th, Ginsberg of the 122nd, Bray of the 70th and others: A bill to amend an Act designating public and legal holidays in the State of Georgia, so as to provide conditions under which requests by certain state employees for time away from work for the observance of religious holidays shall be given consideration; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Kidd of the 25th.

1048

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher of 52nd Foster Garner Gillis Greene Hill Horton Hudson Kennedy Kidd Land Lester Littlefield

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

Those not voting were Senators:

Bowen Broun of 46th Dean Evans

Fincher of 54th Holloway (presiding) Howard Hudgins

Summers Timmons Wessels

On the passage of the bill, the yeas were 45, nays 0.

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

SB 669. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to provide that certain motor vehicle tag registra tion and certificate of title records shall be available for inspection by tax collectors, tax receivers, or tax commissioners; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.

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

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

FRIDAY, FEBRUARY 19, 1982

1049

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 Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield

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

Those not voting were Senators:

Dean Fincher of 54th Holloway (presiding)

Hudgins Land

Timmons Wessels

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

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

The President resumed the Chair.

SB 619. By Senators Howard of the 42nd and Kidd of the 25th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia An notated, relating to general provisions regarding licensure of professions and businesses, so as to repeal specifically certain provisions relating to veterans' preference points upon examinations given by state examining boards; to provide for definitions; to provide for Senate confirmation of appointees to state examining boards.

The Senate Committee on Governmental Operations offered the following substitute to SB 619:
A BILL
To be entitled an Act to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding licensure of professions and businesses, so as to repeal specifically cer-

1050

JOURNAL OF THE SENATE

tain provisions relating to veterans' preference points upon examinations given by state examining boards; to provide for definitions; to provide for Senate confirmation of appointees to state examining boards; to provide limitations on terms of members of state examining boards; to provide for removal and eligibility to vote of members of state examining boards; to provide additional grounds for disciplinary sanctions and license denial; to provide for additional disciplinary sanctions and conditions thereof; to provide for restoration and reissuance of license; to provide for injunctive relief; to provide for release of information regarding in vestigations and sanctions; to provide for inactive status licenses; to delete certain requirements regarding filing, recording, and reporting of licenses; to provide for access to and admissibility and subpoena of cer tain records; to provide immunity from liability for certain reports and testimony; to provide for applicability; 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. Chapter 1 of Title 43 of the Official Code of Georgia An notated, relating to general provisions regarding licensure of professions and businesses, is amended by striking therefrom Code Sections 43-1-9 through 43-1-13, which read as follows:
"43-1-9. Any applicant taking an examination given by any state examining board except the State Board of Accountancy shall receive points in the following manner:
(1) Any applicant who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, for a period of one year or more, of which at least 90 days were served dur ing wartime or during any conflict when military personnel were committed by the President of the United States, shall be entitled to a credit of five points. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination;
(2) Any applicant who is a disabled veteran and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, in cluding the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States and who was discharged for injury or illness incurred in line of duty shall be entitled to a credit of five points if the disability is officially rated at less than 10 percent at the time of taking the ex amination. Such points shall be added by the person grading the ex amination to the grade made by the applicant in answering the ques tions propounded in any such examination;
(3) Any applicant who is a disabled veteran who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States and who was discharged for injury or illness incurred in line of

FRIDAY, FEBRUARY 19, 1982

1051

duty shall be entitled to a credit of ten points if the disability is rated at 10 percent or above at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering questions propounded in any such examination.
43-1-10. If an examination given by a state examining board is given in parts or by subjects and the applicant is required to make a minimum grade on each of the parts or subjects, the points to which the applicant is entitled shall be added to the grade made on each part or subject before the average of his grade on all of the parts or subjects is determined.
43-1-11. A person grading an examination given by a state ex amining board shall first grade the examination without reference to veteran credit, determining thereafter from the proof submitted whether an applicant is a veteran and is entitled to such credit; if so, the credit shall be added; and, if after such addition the applicant equals or exceeds the grade required to pass the examination, the ap plicant shall be entitled to be certified as having passed the examina tion.
43-1-12. It shall be the duty of the joint-secretary to inform ap plicants taking the examination of the provisions of Code Sections 43-1-9 through 43-1-13. The joint-secretary shall make such rules and regulations as are necessary in order to carry out the terms of Code Sections 43-1-9 through 43-1-13.
43-1-13. The provisions of Code Sections 43-1-9 through 43-1-12 relating to points to be allowed to veterans shall apply to any appli cant, male or female, who comes within the classes specified in those Code sections except that such provisions shall not apply in any in stance to an applicant who has not been honorably discharged."
Section 2. Said chapter is further amended by adding at the end thereof a new Code Section 43-1-16 to read as follows:
"43-1-16. (a) Each person appointed by the Governor as a member of a state examining board shall be confirmed by the Senate; and any such appointment made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate.
(b) No member of a state examining board may serve on that board more than two consecutive full terms. Any person who, on November 1, 1982, is a member of a state examining board and who has served two or more consecutive full terms on that board shall con tinue to serve out that person's term of office but upon expiration of that term and upon the selection and qualification of a successor shall be subject to the limitations of the first sentence of this subsection (b).
(c) The Governor, after notice and opportunity for hearing, may remove from office any member of a state examining board for any of the following:
(1) Inability or neglect to perform the duties required of members;

1052

JOURNAL OF THE SENATE

(2) Incompetence; or
(3) Dishonest conduct.
(d) Without affecting the eligibility to vote of any other member of a state examining board, each consumer member of a state examin ing board shall be eligible to vote on all matters brought before that board.
(e) In addition to any other authority provided by law, a state ex amining board may impose upon any licensee of that board any dis ciplinary sanction provided in subsection (f) of this Code section or deny licensure to any applicant therefor upon a determination by the board, made under those same procedures for other board determina tions regarding sanction of licensees or denial of licensure, that the licensee or applicant has:
(1) Failed to meet the qualifications or standards for licensure under this Code section or under the laws or regulations relating to the state examining board under which licensure is sought or held;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the licensed profession or occupation or in any document connected therewith or in any form of advertising, or made any statement in any advertising concerning the quality of the ser vices rendered by such licensee or applicant or any other persons associated with him, or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice that profes sion or occupation, or made a false or deceptive biennial registration with the board;
(3) Been convicted of a felony in any federal court, the courts of this state or any other state, territory, or country. For purposes of this subsection, 'felony' shall include without being limited to an offense which, if committed in this state, would be deemed a felony without regard to its designation elsewhere, and 'conviction' shall include a plea of nolo contendere, a finding of guilt, verdict of guilty, or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and placed under probation for the commission of a felony or any crime involving moral turpitude where first offender treatment was granted without adjudication of guilt pur suant to that felony or other criminal charge;
(5) Been subject to license denial or any sanction set forth in subsection (f) of this Code section by a lawful licensing authority in any other state;
(6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; 'un professional conduct' shall include without being limited to any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the licensed profession or oc cupation;

FRIDAY, FEBRUARY 19, 1982

1053

(7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to practice a licensed profession or occupation;
(8) Violated or attempted to violate a law or any lawfully pro mulgated rule or regulation of this state, any other state, the examin ing boards, the United States, or any other lawful authority, without regard to whether the violation is criminally punishable, which law or rule or regulation relates to or in part regulates the practice of a li censed profession or occupation, when the licensee or applicant knows or should have known that such action is violative of that law, rule, or regulation, or violated a lawful order of the examining board previously entered by the board in a disciplinary action;
(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state, and any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect unless the licens ing board, upon a finding that the licensee is mentally competent, orders otherwise; and an applicant who has been so adjudged to be mentally incompetent shall not receive a license unless the board, upon a finding that the applicant is mentally competent, orders other wise; or
(10) Displayed an inability or has become unable to practice a licensed profession or occupation with reasonable skill and safety to the public by reason of illness, the use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition.
(f) In addition to any other authority provided by law, a state ex amining board may take any one or more of the following actions upon a determination by that board, under those procedures for other board deteminations regarding sanctions of licensees or denial of licensure, that, under this Code section or the laws or rules relating to that board, a licensee should be sanctioned or an applicant should not be licensed:
(1) Deny a license to an applicant or refuse to renew the license of a licensee;
(2) Administer a public reprimand;
(3) Suspend any license for a definite period;
(4) Limit or restrict any license;
(5) Revoke any license;
(6) Summarily suspend any license if the state examining board issuing the license and the joint-secretary determine that the public health, safety, or welfare requires such emergency action and in corporates a finding to that effect in the suspension order, but this

1054

JOURNAL OF THE SENATE

summary suspension shall only be for that period until a proceeding for revocation or other disciplinary action may be promptly instituted and determined;
(7) Condition a penalty or withhold formal disposition upon the licensee's submission to such care, counseling, or treatment as the board may direct; or
(8) In addition to and in conjunction with the foregoing actions, make a finding adverse to the licensee or applicant but withhold im position of judgment and penalty, or impose the judgment and penalty but suspend enforcement thereof and place a licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as a board may impose.
The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of a board. A board may restore and reissue a license to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the law relating to that board. Any state examining board may promulgate rules and regulations for the implementation of sub sections (e) and (f) of this Code section.
(g) In addition to any other authority provided by law, a state ex amining board, the joint-secretary, or the appropriate prosecuting at torney may bring an action to enjoin the unlicensed practice by any person of a profession or business required to be licensed by a state examining board. The action to restrain and enjoin such unlicensed practice shall be brought in the superior court of the county where the unlicensed person resides. It shall not be necessary to allege or prove that there is no adequate remedy at law to obtain an injunction under this subsection.
(h) The joint-secretary of the state examining boards is authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pend ing investigation of or disciplinary sanction against any applicant for licensure by that board or licensee of that board notwithstanding any other law to the contrary regarding the confidentiality of that informa tion.
(i) The joint-secretary of the state examining boards may provide for inactive status licenses for the various state examining boards.
(j) No licensee of a state examining board shall be required to file or record his license with the clerk of the superior court, and no clerk shall be required to report the filing or recordation of any such license.
(k) For purposes of determining the initial and continuing eligibility and qualifications of a person licensed or to be licensed by a state examining board, upon reasonable grounds that board may ob tain, through subpoena by the joint-secretary, any and all records

FRIDAY, FEBRUARY 19, 1982

1055

relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before a state ex amining board, notwithstanding any other law to the contrary.
(1) Any employee or agent of the joint-secretary or of a state ex amining board, when conducting an investigation on behalf of a state examining board, shall have access to and may examine any writing, document, or other material relating to fitness for licensure of a per son licensed by or applying for licensure by a state examining board. The joint-secretary or his designee may issue subpoenas to compel such access.
(m) A person, partnership, corporation, firm, association, authority, or other entity shall be immune from civil and criminal liability for testifying in a disciplinary proceeding regarding a licensee's or applicant's acts or omissions or for reporting such acts or omissions if the acts or omissions alleged are as described in subsec tion (e) of this Code section, or in the law relating to the appropriate state examining board, or in any other law relating to a licensee's or applicant's fitness to practice a profession or business regulated by a state examining board, and if that testimony or report is made in good faith and without fraud or malice.
(n) The provisions of this Code section shall apply to all state ex amining boards, notwithstanding any other law to the contrary."
Section 3. This Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senators Robinson of the 27th, Howard of the 42nd and Kidd of the 25th of fered the following amendment:
Amend the substitute to SB 619 offered by the Senate Committee on Governmental Operations by adding on line 6 of Page 1 after the follow ing:
"boards;",
the following:
"to provide for construction;".
By adding between lines 9 and 10 of Page 4 the following:
"Section 1.1 Nothing in Section 1 of this Act shall be construed to affect any veterans' preference provided by the Constitution, the laws of this state, or rules or regulations provided thereunder other than that preference provided on competency examinations given by state examining boards."

On the adoption of the amendment, the yeas were 40, nays 0, and the amend ment was adopted.

1056

JOURNAL OF THE SENATE

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to SB 619 offered by the Senate Committee on Governmental Operations by adding after the semicolon on line 20 of Page 1 the following:
"to preserve the existing regulation of certain persons licensed by state examining boards and preserve existing laws and standards ap plicable to the relationship between these persons and those to whom they render certain services;".
By adding between line 35 of Page 10 and line 1 of Page 11 the following:
"(n) Any person licensed by a state examining board and who practices a 'profession,' as defined in Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or who renders 'professional services,' as defined in Chapter 10 of Title 14, The Professional Association Act,' whether such person is practicing or rendering ser vices as a proprietorship, partnership, professional corporation, pro fessional association, other corporation, or any other business entity, shall remain subject to regulation by that state examining board, and such practice or rendering of services in that business entity shall not change the law or existing standards applicable to the relationship be tween that person rendering a professional service and the person receiving such service, including but not limited to the rules of privileged communication and the contract, tort, and other legal liabilities and professional relationships between such persons."
By striking from line 1 of Page 11 the following:
"Inl
and inserting in its place the following:

On the adoption of the amendment, the yeas were 38, nays 0 and the amend ment was adopted.
On the adoption of the substitute, the yeas were 37, nays 2, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 19, 1982

1057

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 Fincher of 52nd Foster Gillis Greene Hill Holloway Horton Howard Kennedy Kidd Land Lester Littlefield McGill

Those voting in the negative were Senators:

Brannon

Garner

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Ty singer Walker
Hudson

Those not voting were Senators:

Dean Evans

Fincher of 54th Hudgins

Timmons Wessels

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 1302. By Representative Lucas of the 102nd:
A bill to amend Code Chapter 34-4, relating to election superintendents, so as to require the superintendent to furnish copies of certain records to the public; to amend the Official Code of Georgia Annotated accordingly.
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:

1058

JOURNAL OF THE SENATE

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 Eldridge English

Engram Evans Fincher of 52nd 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 Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Dean Fincher of 54th

Holloway (excused conferee) Timmons

Hudgins

Wessels

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

The bill, having received the requisite constitutional majority, was passed.

The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 540. By Representatives Veazey and Perry of the 146th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolidation of the government of the City of Tifton and Tift County and for the establish ment of a successor government with powers and jurisdiction throughout the territorial limits of Tift County and to draft a proposed charter to create such successor government, which proposed charter shall be submitted to the voters of Tift County for approval or rejection in such manner as the General Assembly shall provide by said local Act; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

FRIDAY, FEBRUARY 19, 1982

1059

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph I of the Constitution is amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, the General Assembly is authorized to provide by local -Act for the creation of a charter commission to study all matters relating to the establishment of a single county-wide government with powers and jurisdiction thrpughout the territorial limits of Tift County which single government shall supersede and replace the existing governments of the council of the City of Tifton, hereinafter referred to as the City of Tifton, and Tifton County and may also supersede and replace any public authorities and special service districts located and operating within Tift County.
Said local Act may further authorize said charter commission to draft a proposed charter creating such county-wide government and for the submission of such charter to the voters of Tift County for ap proval or rejection in such manner as the General Assembly shall pro vide by said local Act.
To carry out the purposes of this amendment, the General Assembly is expressly authorized to delegate its powers by said local Act to said charter commission and my authorize said commission to draft a proposed county-wide government charter which may include any provisions necessary to effectuate the purposes of this amend ment. To that end, and without limiting the generality of the forego ing, the General Assembly is authorized to provide by said local Act that said charter commission may draft a proposed charter which may provide for any one or more of the following:
(1) For the abolishment of the existing governments of the City of Tifton and Tift County and for the creation of a new single govern ment having all powers formerly exercised by the City of Tifton and Tifton County, and having such other powers as may be necessary or desirable including such rights, powers, duties, and liabilities as are now or may hereafter be vested in municipalities or counties, or both, by the Constitution of Georgia or by other provision of law; the form and composition of said new government to be as said charter shall provide.
(2) For the new county-wide government to continue to be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, monies, grants, grants-in-aid, funds, loans, aid, appropria tions and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future state or federal pro grams.
(3) For the abolishment of any city and county courts, and any other courts including courts created in lieu of constitutional courts, presently existing in the City of Tifton and Tift County, except the

1060

JOURNAL OF THE SENATE

Superior Court, the Probate Court, and the State Court of Tift County, and for the creation of one or more new courts having the jurisdiction and powers of the former courts in such manner as said charter shall provide.
(4) For the abolishment of any public authorities and special ser vice districts located within Tift County whether created by law or by provisions of this Constitution, and for the transfer of all powers, duties, and obligations of such authorities and districts to the new county-wide government in such manner as said charter shall pro vide.
(5) For the abolishment of any one or more public offices in cluding coroner, county surveyor, tax commissioner, and county treasurer or positions of public employment of the City of Tifton and Tift County, and any public authorities or special service districts located and operating within Tift County.
(6) For the creation of the governing authority of the single county-wide government including the number of members of said governing authority, their powers, duties, terms of office, manner of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said countywide governing authority.
(7) For the creation of the various departments, boards, bureaus, officers, commissions, and positions of public employment of said county-wide government and all other matters necessary or incidental thereto.
(8) For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said county-wide govern ment in accordance with the kind, character, type and degree of ser vices provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and may provide that the powers, authority, duties, liabilities, and functions of any such new governing authority so created may vary from district to district.
(9) For the assumption by said county-wide government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities and special service districts which are consolidated by said charter and a method by which said county-wide government shall assume the payment of any obligations issued under the Revenue Bond Law.
(10) For the transfer to said county-wide government of assets, contracts, and franchises of all governmental units, and any public authorities and special service districts which are consolidated or merged with said county-wide government.
(11) For the purposes for which said county-wide government or governing authority of any agency thereof may levy taxes and the debt limitations applicable to such county-wide government or any agency thereof.

FRIDAY, FEBRUARY 19, 1982

1061

(12) For the method or methods by which said charter may be amended.
(13) For broad exploratory and investigative powers to said charter commission to explore and investigate the consolidation of any aspect of government that it desires whether or not specifically enumerated in the foregoing twelve paragraphs of this amendment.
Said local Act may further provide for the qualifications and com pensation of the members of said charter commission and for the ex penses of said charter commission. The compensation of the members of the charter commission and the expenses of the commission may be shared by the City of Tifton and Tift County in such manner as the General Assembly shall provide by said local Act, and the governing authority of the City of Tifton and the governing authority of Tift County are authorized to expend public funds for such purposes.
Nothing herein shall be construed to authorize the General Assembly or any charter commission created pursuant to any local Act passed by the General Assembly in pursuance of this amendment to:
(1) Alter or affect the status of the Tift County School District and the Tift County Board of Education or any constitutional provision by which such named agency was authorized or preserved or to transfer any of its powers, duties, or obligations.
(2) Impair or diminish any civil service pension and retirement rights existing at the time of the ratification of this amendment.
(3) Abolish the office of sheriff.
(4) Affect the status of any incorporated municipality located within Tift County other than the City of Tifton and the status or rela tionship that such incorporated municipalities bear to Tift County and the City of Tifton prior to the adoption of this amendment shall con tinue to the same extent with any newly created county-wide govern ing authority that may be created under the provisions of this amend ment.
(5) Impair or diminish any homestead or other exemptions from taxation now or hereafter specified in this Constitution.
None of the foregoing limitations shall be construed, however, as prohibiting the General Assembly from exercising any legislative power with respect to the school district, board of education, office of sheriff, civil service and pension rights, incorporated municipalities and homestead exemptions which existed prior to the adoption of this paragraph.
The powers herein granted to the General Assembly:
(1) Are remedial and shall be liberally construed to effectuate their purpose.

1062

JOURNAL OF THE SENATE

(2) May be exercised by the General Assembly notwithstanding any other provisions of this Constitution or of law.

(3) Shall not be exhausted by their initial exercise but may be exer cised from time to time as said General Assembly may determine.

(4) Are cumulative of all other powers now held by the General Assembly and are not in lieu 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 [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolidation of the governments of the City of Tifton and Tift County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Tift County and to draft a proposed charter to create such successor government, which pro posed charter shall be submitted to the voters of Tift County for approval or rejection in such manner as the General Assembly shall provide by said local Act?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the 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:

Ballard Barker Barnes Bell
Bowen Brannon Brantley Brown of 47th Bryant

Cobb Coleman Coverdell Deal
Eldridge English Engram Evans Fincher of 52nd

Foster Garner Gillis Greene
Hill Horton Howard Hudson Kennedy

Kidd Land Lester Littlefield McGill Reynolds

FRIDAY, FEBRUARY 19, 1982

1063

Robinson Scott Starr Stumbaugh Summers Sutton

Thompson Trulock Turner Tysinger Walker

Voting in the negative was Senator Stephens.

Those not voting were Senators:
Allgood (excused conferee) Bond Broun of 46th (excused conferee) Dean

Fincher of 54th Holloway (excused conferee)
Hudgins McKenzie

Tate Timmons
Wessels

On the adoption of the resolution, the yeas were 44, nays 1.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
HR 622. By Representative Jackson of the 77th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Colum bia County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is amended by adding at the end thereof the following paragraph:
"Provided, however, that in Columbia County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property when the principal sum does not exceed $750.00 and shall sit monthly at fixed times and places; but in all cases there may be an appeal to a jury in said court or an appeal to the superior court under such regula tions as may be prescribed by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

1064

JOURNAL OF THE SENATE

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the
[ ] NO Peace of Columbia County shall have jurisdiction?''
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:

Ballard Barker Barnes Bell Bowen Brannon Brantley
Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English

Engram Evans Fincher of 52nd Foster Garner Gillis Greene
Hill Horton Howard Hudson Kennedy Kidd Land Lester

Littlefield McGill Reynolds Robinson Scott Starr Stumbaugh
Summers Sutton Thompson Trulock Turner Tysinger Walker

Voting in the negative was Senator Stephens.

Those not voting were Senators:

Allgood (excused conferee) Bond
Broun of 46th (excused conferee) Dean

Fincher of 54th Holloway (excused conferee)
Hudgins McKenzie

Tate Timmons Wessels

On the adoption of the resolution, the yeas were 44, nays 1.

FRIDAY, FEBRUARY 19, 1982

1065

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1364. By Representatives Phillips of the 120th and Ginsberg of the 122nd:
A bill to amend an Act entitled "The Act Providing for the Review, Con tinuation, Reestablishment, or Termination of Regulatory Agencies." so as to delete from terminating agencies the State Board of Registration for Foresters; to amend the Official Code of Georgia accordingly.
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:

Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge

English Engrain Evans Fincher of 52nd Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land

Lester Littlefield McGill McKenzie Robinson Scott Starr Stephens Summers Sutton Tate Thompson Trulock Turner Walker

Those not voting were Senators:
Allgood (excused conferee) Broun of 46th (excused conferee) Dean Fincher of 54th

Holloway (excused conferee) Hudgins Reynolds Stumbaugh

Timmons Tysinger Wessels

On the passage of the bill, the yeas were 45, nays 0.

1066

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bills and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 610.
SB 591.
Respectfully submitted,
Is/ Ed Barker, Chairman Senator, District 18

Dr. Joel D. Todino, of Rome, Georgia, served as doctor of the day today.

Senator Turner of the 8th moved that the Senate stand in recess from 12:45 o'clock P.M. until 5:00 o'clock P.M., and thereafter, pursuant to HR 709 adopted previously, stand adjourned until 10:00 o'clock A.M. Monday, February 22, and the motion prevailed.

MONDAY, FEBRUARY 22, 1982

1067

Senate Chamber, Atlanta, Georgia Monday, February 22, 1982
Twenty-third Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Walker of the 19th reported that the Journal of the proceedings of Fri day, February 19, had been read and found correct.

Senator Hudgins of the 15th moved that the Senate reconsider its action of Fri day, February 19, in passing the following bill of the House:

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''.

On the motion, the yeas were 32, nays 3; the motion prevailed, and HB 610 was reconsidered and placed at the foot of the Senate Rules Calendar today.

Senator Brannon of the 51st moved that the Senate reconsider its action of Fri day, February 19, in passing the following bill of the House:

HB 307. By Representatives Richardson of the 52nd, Steinberg of the 46th, Galer of the 97th and Couch of the 43rd:
A bill to amend Code Chapter 79-4, relating to domicile, so as to provide for the domicile of married persons.

On the motion, the yeas were 21, nays 18; the motion previaled, and HB 307 was reconsidered and placed at the foot of the Senate Rules Calendar today.

Senator Trulock of the 10th moved that the Senate reconsider its action of Fri day, February 19, in passing the following bill of the Senate:

1068

JOURNAL OF THE SENATE

SB 593. By Senator Scott of the 43rd:
A bill to amend Code Section 56-2419, relating to construction of in surance policies, so as to provide that no other laws shall be construed to abrogate any insurer's rights or duties under policies of insurance or pro visions of policies of insurance which have been approved by the In surance Commissioner of the State of Georgia; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates.

On the motion, the yeas were 22, nays 20; the motion prevailed, and SB 593 was reconsidered and placed at the foot of the Senate Rules Calendar today.

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 1480. By Representative Colbert of the 23rd:
A bill to amend an Act to reincorporate the City of Mountain Park in the Counties of Fulton and Cherokee; to create a new charter for said city.

HB 1486. By Representative Russell of the 64th: A bill to reincorporate and provide a new charter for the City of Bogart.

HB 1586. By Representatives Randall of the 101st, Lucas of the 102nd, Birdsong of the 103rd and others:
A bill to amend an Act known as the Housing Authorities Law, so as to provide for a resident of a housing project to be a member of any housing authority created in a city having a population of not less than 110,000 nor more than 130,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly.

HB 1622. By Representative Dobbs of the 74th:
A bill to grant to the Newton County probate court jurisdiction over violations of ordinances of Newton County; to provide for a prosecuting attorney and for practices and procedures.

MONDAY, FEBRUARY 22, 1982

1069

HB 1623. By Representative Hanner of the 130th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Terrell County into the single office of tax commis sioner of Terrell County, so as to change the compensation of the tax commissioner.

HB 1624. By Representatives Triplett of the 128th, Scott of the 123rd, Phillips of the 125th and others:
A bill to amend an Act incorporating the City of Port Wentworth, so as to change the corporate limits of said city.

HB 1626. By Representative Walker of the 115th: A bill to repeal an Act creating the Perry Redevelopment Authority.

HB 1629. By Representative Karrh of the 106th:
A bill to amend an Act creating and establishing a small claims court in and for Jenkins County, so as to change the fee for filing a claim or action in said court; to provide that a certain portion of the filing fees shall be remitted to the county to defray the operational expenses of the court.

The House has adopted the following resolution of the Senate:

SR 225. By Senator Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to modify the provisions governing the Powder Springs Downtown Development Authority; to provide for the submission of this amendment for ratification or rejection.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 628. By Senator Timmons of the 11th:
A bill to amend an Act creating the Board of Commissioners of Early County, as amended, so as to change the compensation of the county commissioners.

SB 509. By Senators Engram of the 34th, Cobb of the 28th, Garner of the 30th and others:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia, relating to seasons and bag limits under the Game and Fish Code, so as to revise the season for taking certain game species by means of falconry.

1070

JOURNAL OF THE SENATE

SB 498. By Senators Howard of the 42nd, Trulock of the 10th and Kidd of the 25th:
A bill to amend an Act providing for the licensure of practical nurses, as amended, so as to provide for the continuation of the Georgia Board of Examiners of Licensed Practical Nurses and the laws relating thereto but to provide for the later termination of that board and those laws; to amend the Official Code of Georgia Annotated accordingly.

The House has agreed to the Senate amendment to the following bill of the House:

HB 1262. By Representative Jackson of the 77th:
A bill to amend an Act providing for a Board of Elections in each county of this state having a population of not less than 22,312 nor more than 22,825, according to the United States decennial census of 1970 or any future such census, so as to change the population brackets as a result of the 1980 census.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1097. By Representatives Dover of the llth, Colwell of the 4th, Irvin of the 10th and others:
A bill to amend an Act providing for an investigator for the District At torney of the Mountain Judicial Circuit, so as to change the compensation of the investigator.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 671. By Representatives Ramsey of the 3rd and Williams and Foster of the 6th:
A resolution proposing an amendment to the Constitution so as to authorize the board of commissioners of Whitfield County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Whitfield County paid in whole or in part by county funds, other than elected and certain ap pointed officials.

HR 698. By Representative Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to in crease the dollar amount of civil cases over which the justices of the peace of Schley County shall have jurisdiction.

MONDAY, FEBRUARY 22, 1982

1071

HR 699. By Representatives Waddle of the 113th and Watson of the 114th:
A resolution proposing an amendment to the Constitution so as to impose a local sales and use tax in Houston County and allocate the proceeds of the tax to the Houston County School System only if the power of said school system to levy ad valorem taxes is limited by another constitu tional amendment.

HR 265. By Representatives Smith of the 152nd, Moody and Byrd of the 138th and others:
A resolution proclaiming an official "Armadillo Olympics Day" in Georgia.

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1156. By Representatives McDonald of the 12th, Jackson of the 9th, Logan of the 62nd and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment and inspection of motor vehicles, so as to repeal certain provisions relative to the annual motor vehicle safety in spections; to provide for annual safety inspections for school buses; to provide for a penalty for the failure to comply with certain requirements relative to safety equipment.

The following bills and resolutions of the Senate were introduced, read the first time and referred to c ommittees:

SB 703. By Senator Kidd of the 25th:
A bill to provide for a declaration of purpose; to define certain terms; to authorize all state agencies, boards, commissions, departments, and authorities to accept and process payroll deduction authorizations and deduct funds from salaries of officers and employees for contribution to eligible charitable health and human care organizations; to provide that such deductions be on a voluntary basis; to provide effective dates.

Senator Kidd of the 25th moved that SB 703 be engrossed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 703 was engrossed.
Referred to Committee on Governmental Operations.

1072

JOURNAL OF THE SENATE

SB 704. By Senators Horton of the 17th and Fincher of the 52nd:
A bill to establish public policy to permit meditation in the public schools; to provide three nonclass opportunities to meditate with teachers; to provide for related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Education.

SB 705. By Senator Timmons of the 11th:
A bill to amend Code Section 68A-507, relating to pedestrians soliciting rides or business, so as to change the provisions relating to where a per son may stand for the purpose of soliciting a ride; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.
Referred to Committee on Public Safety.

SB 706. By Senator Land of the 16th:
A bill to amend an Act providing preference for certain veterans in any civil service program established in state government or any political subdivision thereof, so as to provide certain preferences for retention of employees where there is a reduction in force involving the layoff or demotion of permanent employees in any part of the classified service of state government; to amend the Official Code of Georgia Annotated ac cordingly.
Referred to Committee on Governmental Operations.

SR 306. By Senator Horton of the 17th:
A resolution creating the Career Consulting Service Joint Study Commit tee. Referred to Committee on Rules.

SR 307. By Senators Ballard of the 45th, Fincher of the 54th, Tysinger of the 41st and others:
A resolution urging the members of the Georgia delegation to the United States Congress to use their influence to persuade the United States Treasury Department to design and produce a national medal to honor the State of Georgia on the two hundred fiftieth anniversary of its found ing.
Referred to Committee on Industry, Labor and Tourism.

SR 308. By Senators Fincher of the 52nd, Lester of the 23rd, McGill of the 24th and others:
A resolution urging the State Department of Education to establish cardiopulmonary resuscitation (CPR) programs for students in grades nine through twelve.
Referred to Committee on Education.

MONDAY, FEBRUARY 22, 1982

1073

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1480. By Representative Colbert of the 23rd:
A bill to amend an Act to reincorporate the City of Mountain Park in the Counties of Fulton and Cherokee; to create a new charter for said city. Referred to Committee on County and Urban Affairs.

HB 1486. By Representative Russell of the 64th: A bill to reincorporate and provide a new charter for the City of Bogart.
Referred to Committee on County and Urban Affairs.

HB 1586. By Representatives Randall of the 101st, Lucas of the 102nd, Birdsong of the 103rd and Home of the 104th:
A bill to amend an Act known as the Housing Authorities Law, so as to provide for a resident of a housing project to be a member of any housing authority created in a city having a population of not less than 110,000 nor more than 130,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs.

HB 1622. By Representative Dobbs of the 74th:
A bill to grant to the Newton County probate court jurisdiction over violations of ordinances of Newton County; to provide for a prosecuting attorney and for practices and procedures. Referred to Committee on County and Urban Affairs.

HB 1623. By Representative Hanner of the 130th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Terrell County into the single office of tax commis sioner of Terrell County, so as to change the compensation of the tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 1624. By Representatives Triplett of the 128th, Scott of the 123rd, Phillips of the 125th and others:
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.

1074

JOURNAL OF THE SENATE

HB 1626. By Representative Walker of the 115th:
A bill to repeal an Act creating the Perry Redevelopment Authority. Referred to Committee on County and Urban Affairs.

HB 1629. By Representative Karrh of the 106th:
A bill to amend an Act creating and establishing a small claims court in and for Jenkins County, so as to change the fee for filing a claim or action in said court; to provide that a certain portion of the filing fees shall be remitted to the county to defray the operational expenses of the court.
Referred to Committee on County and Urban Affairs.

HR 265. By Representatives Smith of the 152nd, Moody and Byrd of the 138th and Branch of the 137th:
A resolution proclaiming an official "Armadillo Olympics Day" in Georgia. Referred to Committee on Rules.

HR 671. By Representatives Ramsey of the 3rd and Williams and Foster of the 6th:
A resolution proposing an amendment to the Constitution so as to authorize the board of commissioners of Whitfield County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Whitfield County paid in whole or in party by county funds, other than elected and certain ap pointed officials.
Referred to Committee on County and Urban Affairs.

HR 698. By Representative Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to in crease the dollar amount of civil cases over which the justices of the peace of Schley County shall have jurisdiction. Referred to Committee on County and Urban Affairs.

HR 699. By Representatives Waddle of the 113th and Watson of the 114th:
A resolution proposing an amendment to the Constitution so as to impose a local sales and use tax in Houston County and allocate the proceeds of the tax to the Houston County School System only if the power of said school system to levy ad valorem taxes is limited by another constitu tional amendment.
Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 22, 1982

1075

The following report of a standing committee was read by the Secretary:

Mr. President:

The 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 664. Do pass as amended. SB 686. Do pass. SB 688. Do pass. SB 690. Do pass. SB 691. Do pass. SB 692. Do pass. SB 698. Do pass. SR 292. Do pass. SR 293. Do pass. SR 294. Do pass. HB 1360. Do pass as amended. HB 1440. Do pass. HB 1523. Do pass. HB 1575. Do pass by substitute. HB 1576. Do pass by substitute. HB 1577. Do pass by substitute. HB 1578. Do pass by substitute. HB 1596. Do pass. HR 636. Do pass. HR 657. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

1076

JOURNAL OF THE SENATE

The following bills and resolutions of the Senate and House were read the sec ond time:

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 pay ment of benefits to surviving spouses of judges and requirements, qualifications, and proceedings related thereto.

SB 607. By Senator Barnes of the 33rd:
A bill to amend an Act revising appellate and other posttrial procedures in civil and criminal cases, as amended, so as to prescribe a form for a motion for a new trial for use in criminal cases; to amend the Official Code of Georgia Annotated, so as to provide therein for all the changes described above; to provide effective dates.

SB 624. By Senator Stephens of the 36th:
A bill to amend Code Section 15-7-5 of the Official Code of Georgia An notated, relating to judges-of other state courts serving and retired judges serving, so as to provide that retired state court judges shall be autho rized to perform marriage ceremonies; to provide an effective date.

SB 639. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia An notated, relating to elections for the recall of public officials, so as to pro vide for additional legislative findings; to change the percentage of elec tors who must sign a recall petition; to change the provisions relating to the number of official sponsors necessary to file an application for a recall petition; to provide an effective date.

SB 660. By Senators Foster of the 50th, Starr of the 44th, Tate of the 38th and others:
A bill to amend Chapter 7 of Title 20, relating to the Georgia Educational Improvement Council, so as to change the name of said agency to the Legislative Educational Research Council; to provide for other matters relative thereto; to provide an effective date.

SR 271. By Senators Starr of the 44th and Foster of the 50th: A resolution creating the School Finance Study Commission.

SR 284. By Senators Gillis of the 20th and Howard of the 42nd:
A resolution creating the Senate Health and Medical Education Study Committee.

MONDAY, FEBRUARY 22, 1982

1077

SR 288. By Senators Greene of the 26th, Broun of the 46th and Eldridge of the 7th:
A resolution creating the Senate Music Industry Committee and a citizen's advisory council thereto.

SR 295. By Senators Stumbaugh of the 55th and Foster of the 50th:
A resolution urging that both state and local boards of education include in their curriculums courses on law-breaking and its legal consequences as a means of crime prevention.

HB 1283. By Representatives Ramsey of the 3rd, Coleman of the 118th and Hanner of the 130th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia An notated, relating to controlled substances, so as to make it unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter.

HB 1284. By Representative Ramsey of the 3rd:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, so as to define the term "career criminal"; to change the provisions relating to the duties and functions of the Georgia Crime Information Center; to amend the Official Code of Georgia An notated accordingly.

HB 1285. By Representative Ramsey of the 3rd:
A bill to amend Code Section 24A-3503, relating to children's fingerprints or photographs, so as to provide that fingerprints of a child 13 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of certain crimes; to amend the Official Code of Georgia Annotated accordingly.

HB 1296. By Representatives Adams of the 14th and Childers of the 15th:
A bill to amend an Act approved March 13, 1957, prescribing the terms of superior court to be held in the Rome Judicial Circuit, so as to provide for the drawing of a grand jury.

HB 1307. By Representatives Isakson and Nix of the 20th, Thompson of the 19th and others:
A bill to amend Code Section 40-2-28 of the Official Code of Georgia An notated, relating to the purchase of license plates and re validation stickers by mail, so as to change the amount of the additional fee.

1078

JOURNAL OF THE SENATE

HB 1349. By Representatives Coleman of the 118th, Pinkston of the 100th, Manner of the 130th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia An notated, relating to controlled substances, so as to change the definition of the term ' 'counterfeit substance"; to make it unlawful to manufacture, deliver, distribute, dispense, or sell a noncontrolled substance upon the express or implied representation that the substance is a narcotic or nonnarcotic controlled substance.

HB 1352. By Representatives Elliott of the 49th and Davis of the 45th:
A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, so as to pro vide exceptions to the requirement of filing depositions and other discovery material with the court.

HB 1359. By Representatives Vaughn of the 57th, Childs of the 51st, Richardson of the 52nd and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Rockdale Judicial Circuit, to be composed of the County of Rockdale.

HB 1387. By Representative Bishop of the 94th:
A bill to amend Chapter 9 of Title 49 of the Official Code of Georgia An notated, relating to the Division of Vocational Rehabilitation of the Department of Human Resources, so as to change the name of said agen cy to the Division of Rehabilitation Services of the Department of Human Resources.

HB 1459. By Representatives Moody of the 138th, Murphy of the 18th, Moore of the 152nd and Branch of the 137th:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia An notated, relating to certificates of title to motor vehicles and liens, so as to provide that, with respect to application for first certificate of title, any application rejected shall be returned to the holder of the first security in terest or lien named in the application.

HB 1554. By Representatives Shepard of the 67th and Ramsey of the 3rd:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia An notated, relating to habitual violators, so as to change the definition of the term "habitual violator"; to remove reckless driving from considera tion in determining a habitual violator.

MONDAY, FEBRUARY 22, 1982

1079

The President called for the morning roll call, and the following Senators answered to their names:

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 Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Tysinger Walker Wessels

Those not answering were Senators:

Ballard Brannon

Fincher of 52nd Littlefield

Turner

Senator Stumbaugh of the 55th introduced the chaplain of the day, Reverend W. Jim Britt, pastor of Chapel Heights Baptist Church, Decatur, Georgia, who of fered scripture reading and prayer.
Senator Greene of the 26th moved that the following bill of the Senate be withdrawn from the Committee on Special Judiciary and committed to the Commit tee on Judiciary:
SB 673. By Senators Greene of the 26th, Robinson of the 27th and Coleman of the 1st: A bill relating to liability for malicious acts of children, as amended, so as to change the maximum amount of liability; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 673 was withdrawn from the Committee on Special Judiciary and committed to the Commit tee on Judiciary.
Senator Greene of the 26th moved that the following bill of the Senate be withdrawn from the Committee on Special Judiciary and committed to the Commit tee on Judiciary:

1080

JOURNAL OF THE SENATE

SB 678. By Senators Greene of the 26th and Robinson of the 27th:
A bill to amend Code Section 23-1705, relating to requirements of pay ment and performance bonds for public contracts, so as to change the provisions relating to exemption of contracts below a certain price; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 678 was withdrawn from the Committee on Special Judiciary and committed to the Commit tee on Judiciary.

Senator Greene of the 26th moved that the following bill of the Senate be withdrawn from the Committee on Special Judiciary and committed to the Commit tee on Judiciary:

SB 699. By Senators Greene of the 26th, Barnes of the 33rd, Bowen of the 13th and others:
A bill to amend Code Section 68A-903, relating to homicide by vehicle, as amended, so as to change the provisions relating to homicide by vehicle; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 699 was withdrawn from the Committee on Special Judiciary and committed to the Commit tee on Judiciary.

Senator Greene of the 26th moved that the following bill of the Senate be withdrawn from the Committee on Special Judiciary and committed to the Commit tee on Judiciary:

SB 701. By Senators Greene of the 26th and Ballard of the 45th:
A bill to amend Code Section 27-401, relating to persons who may hold courts of inquiry generally, so as to provide that judges of probate courts who are licensed attorneys at law may hold courts of inquiry; to amend the Official Code of Georgia Annotated accordingly; to provide for effec tive dates.

On the motion, the President ordered a roll call, 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 Coleman Coverdell

MONDAY, FEBRUARY 22, 1982

1081

Deal Dean Eldridge English
Engram Evans Fincher of 54th Foster Garner Gillis Greene
Hill

Holloway Howard Hudgins Hudson
Kennedy Kidd Land Lester McGill McKenzie Reynolds
Robinson

Scott Starr Stephens Stumbaugh
Summers Sutton Thompson Trulock Turner Tysinger Walker
Wessels

Those not voting were Senators:

Ballard Bowen Cobb

Fincher of 52nd Horton Littlefield

Tate Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and SB 701 was withdrawn from the Committee on Special Judiciary and committed to the Commit tee on Judiciary.

SENATE RULES CALENDAR Monday, February 22, 1982 TWENTY-THIRD LEGISLATIVE DAY

SB 668. DOT Enforcement Officers--power of enforcement and arrest (Trns-48th)
SB 680. Unclaimed Property in Custody of Banks--Revenue Commissioner elect to receive (BF&I--23rd)
HB 686. Hospital Authorities--receive, provide certain management consulting services (SUBSTITUTE) (Hum R--33rd)
SB 505. Civil Cases--when court shall render judgement without verdict of jury (AMENDMENT) (S Judy-16th)
HB 1251. Board of Dentistry--continue but later terminate (Hum R-42nd)
SB 603. Welfare Recipients--community work experience programs (Hum R-44th)
SR 283. Citizen Participation in Government--development of viable political parties (BF&I-12th)
SR 281. Baldwin County--conveyance of certain state-owned property (PubU-25th)
HR 577. Butts County--conveyance by quitclaim deed state-owned real property (SUBSTITUTE) (Pub U-17th)

1082

JOURNAL OF THE SENATE

SR 286. Annual Loss of Dairy Products Delivery Cases--precautionary measures (Ag--24th)
SR 250. Habersham County--conveyance of certain real property (Pub U-50th)
HB 1400. Utilities Regulated by Public Service Commission--rate to cover cost of conversion (Pub U-- 1st)
HB 1447. Unpaid Interest--interest may be charged on (BF&I--33rd)
SB 514. State Patrol--duties upon interstates (AMENDMENT) (Pub Saf-43rd)
HB 1223. Board of Chiropractic Examiners--continue but later terminate (Hum R--42nd)
SB 663. Midyear Adjustment Reserve--percentage of net revenue collections from state surplus (App--12th)
HB 616. Health Insurance Policy--contain benefits agreed upon between holder and insurer (BF&I--12th)
SB 613. County Tax Digests--adjustment and equalization (BF&I--25th)
'SB 606. Welfare Recipients--vocational training (Hum R--52nd)
SB 620. Board of Registered Professional Sanitarians--membership (Hum R-42nd)
SR 280. Duplication of Services and Efficiency and Economy in Government Study Committee--create (Rules--48th)
SR 270. Georgia Coroners Manual--official operating manual for coroners (Gov. Op-51st)
HB 454. Corporate Takeovers--takeover bids directed at joint-stock associations (SUBSTITUTE) (S Judy--2nd)
HB 455. Shareholders--right of dissent from amendment of articles of incorporation (SUBSTITUTE) (S Judy--2nd)
HB 610. Juvenile Court Code--circumstances under which juvenile, superior courts have concurrent jurisdiction (SUB/AMs) (S Judy-- 6th)
HB 307. Domicile--married persons (Judy--33rd)
SB 593. Insurance Policy Approved by Insurance Commissioner--no abrogation of insurer's rights (SUBSTITUTE) (BF&I--43rd)

Respectfully submitted,
/s/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

MONDAY, FEBRUARY 22, 1982

1083

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 668. By Senator Reynolds of the 48th:
A bill to amend Code Section 95A-962, relating to powers and duties of Department of Transportation enforcement officers, as amended, so as to provide for powers of enforcement and arrest; to provide for orders or proclamations by the Governor; to provide for emergency powers; to redesignate sections; to amend the Official Code of Georgia Annotated accordingly; to provide 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Brannon Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge

English Engram Fincher of 54th Foster Gillis Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Those voting in the negative were Senators:

Barnes Bowen Brantley Cobb Evans

Garner Greene Hill Robinson

Those not voting were Senators:

Bond Fincher of 52nd

Hudson

Littlefield McGill McKenzie Reynolds Scott Starr Summers Tate Thompson Turner Tysinger Walker Wessels
Stephens Stumbaugh Sutton Trulock
Timmons

On the passage of the bill, the yeas were 39, nays 13.

1084

JOURNAL OF THE SENATE

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 883. By Representatives Culpepper of the 98th, Kemp of the 139th, Davis of the 45th and others:
A bill to amend the "Georgia Civil Practice Act," so as to change the ef fect of a dismissal for failure of the plaintiff to prosecute.

HB 1324. By Representative Phillips of the 59th:
A bill to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and other related offenses, so as to repeal a subsection of the Code section relating to the offense of kidnapping which makes it unlawful for certain persons to take certain action relative to individuals under the age of 16 years.

HB 1419. By Representative Wall of the 61st:
A bill to amend an Act authorizing leaves of absence for public employees when the absence is to permit the employee to participate in blood donation, so as to provide for additional leave of absence for public employees who donate blood platelets through the pheresis process; to amend the Official Code of Georgia Annotated accordingly.

HB 1563. By Representative Phillips of the 120th:
A bill to amend an Act providing for grants to certain incorporated municipalities which fail to file or which file after the cutoff date the re quired certification for funds in Fiscal Year 1982 may file or refile a late certificate and qualify for Fiscal Year 1982 funds.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 700. By Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to limit the power of Houston County and the Houston County School District to impose, levy, collect, and receive ad valorem taxes.

MONDAY, FEBRUARY 22, 1982

1085

HR 158. By Representative Adams of the 36th:
A resolution proposing an amendment to the Constitution so as to pro hibit Fulton County from constructing, maintaining, operating, or taxing for public libraries within the corporate limits of any city wholly or par tially within Fulton County and having a population exceeding 5,000.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 491. By Senators Holloway of the 12th, Allgood of the 22nd and Eldridge of the 7th:
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 allowances for members of the General Assembly; to amend the Of ficial Code of Georgia Annotated accordingly.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 680. By Senators Lester of the 23rd and Turner of the 8th:
A bill to amend an Act known as the "Disposition of Unclaimed Property Act", as amended, so as to provide that the state revenue commissioner shall be deemed to have elected to receive unclaimed property in the custody of banking and financial organizations unless the holder of the property is notified to the contrary; to amend the Official Code of Georgia Annotated accordingly; 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, 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

Coverdell Deal Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill

Holloway Horton Howard Hudson Kennedy Land Lester Littlefield McGill McKenzie Reynolds Robinson

1086
Scott Starr Stephens Stumbaugh

JOURNAL OF THE SENATE

Summers Sutton Thompson Trulock

Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Bond Dean

Fincher of 52nd Hudgins Kidd

Tate Timmons

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 505. By Senator Land of the 16th:
A bill to amend Article 1 'of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgement in civil cases, so as to provide that when the parties consent to a judgement the court shall render judgement without the verdict of a jury; to provide an effective date.

The Senate Committee on Special Judiciary offered the following amendment:
Amend SB 505 by striking from line 15 of Page 1 the word "shall" and inserting in its place the word ' 'may''.
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:

MONDAY, FEBRUARY 22, 1982

1087

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 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Coleman

Hudgins

Reynolds

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

Senator Greene of the 26th introduced to the Senate the officers of the 1982 Youth Assembly, sponsored by the Georgia YMCA, to be held in April.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 491. By Senators Holloway of the 12th, Allgood of the 22nd and Eldridge of the 7th:
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 allowances for members of the General Assembly; to amend the Of ficial Code of Georgia Annotated accordingly; to provide for effective dates.

1088

JOURNAL OF THE SENATE

The House substitute to SB 491 was as follows:
A BILL
To be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to the annual salaries of certain state officials, so as to change the provisions relating to allowances for members of the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia An notated, relating to the annual salaries of certain state officials, is amend ed by striking the second undesignated paragraph of numbered paragraph (22) of subsection (a) of said Code section in its entirety and in serting in lieu thereof a new second undesignated paragraph of numbered paragraph (22) of subsection (a) of said Code section to read as follows:
"In addition to any other compensation and allowances autho rized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $3,600.00 per year. For the purposes of the preceding sentence, a year shall be construed to begin on the convening date of the General Assembly in regular session and end on the last day of December in that calendar year. These expenses shall be limited to one or more of the following purposes: rents, district office or offices, office supplies and materials, office equipment, secretarial assistance, utilities, postage (which shall not be used for a political newsletter), communications, stationery, lodging, meals, travel, and per diem dif ferential. Per diem differential shall be the difference between the daily expense allowance authorized for members of the General Assembly and the federal per diem rate in effect for the state capital as specified by the General Services Administration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office."
Section 2. This Act shall become effective when members of the General Assembly take office on the convening day of the regular session of the General Assembly in 1983.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Holloway of the 12th moved that the Senate agree to the House substitute to SB 491.

On the motion, a roll call was taken, and the vote was as follows:

MONDAY, FEBRUARY 22, 1982

1089

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes
Bell Bond Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell
Deal Dean Eldridge English

Evans Fincher of 52nd Fincher of 54th Foster
Garner Gillis Greene Hill Holloway Horton Howard Hudson
Kennedy Kidd Lester Littlefield

McGill Reynolds Robinson Scott
Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner
Tysinger Walker Wessels

Those not voting were Senators:

Bowen Brannon Coleman

Engram Hudgins Land

McKenzie Stephens Trulock

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 491.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1251. 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 continue the Georgia Board of Den tistry and the laws relating thereto but to provide for the later termina tion of that board; to amend the Official Code of Georgia Annotated ac cordingly.
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:

1090

JOURNAL OF THE SENATE

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 Eldridge

English Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Hollo way Horton Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen Coleman Engram

Howard Hudgins Land

Tate Timmons Trulock

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Hill of the 29th introduced the doctor of the day, Dr. Arthur Hall, of LaGrange, Georgia.

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 bills of the House:

HB 1109. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147 and others:
A bill to amend an Act known as the "Georgia Water Quality Control Act," so as to provide for monitoring, recording, and reporting certain in formation regarding the withdrawal of water from surface waters for cer tain irrigation systems; and for other purposes.

MONDAY, FEBRUARY 22, 1982

1091

The Speaker has appointed on the part of the House the following members thereof:
Representatives Phillips of the 120th, Crawford of the 5th and Ginsberg of the 122nd.

HB 1110. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend an Act known as the "Groundwater Use Act of 1972," so as to change the provisions relating to exemptions from said Act; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Phillips of the 120th, Crawford of the 5th and Ginsberg of the 122nd.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 207 was as follows:
A BILL
To be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to change the provisions relative to optional coverages; to change the provisions relative to the form of applications for motor vehicle acci dent insurance; to change the provisions relative to proof of insurance; to provide for suspensions of operator's licenses and license tags for certain violations; to provide additional penalties; to require proof of insurance to be kept in motor vehicles while in operation; to require law enforce ment officers to check for proof of insurance; 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. Chapter 34 of Title 33 of the Official Code of Georgia An notated, relating to motor vehicle accident insurance, is amended by striking in its entirety Code Section 33-34-5, relating to optional coverages, and inserting in lieu thereof a new Code Section 33-34-5 to read as follows:

1092

JOURNAL OF THE SENATE

"33-34-5. (a) Each insurer shall also make available on an op tional basis the following coverage:
(1) An aggregate limit of benefits payable without regard to fault up to $50,000.00 per person. Benefits purchased in excess of $5,000.00 shall be paid as determined by the insured without ap portionment to cover any of the following expenses incurred by the insured but not compensated for under paragraph (2) of subsection (a) of Code Section 33-34-4:
(A) Any expenses of the type described in subparagraph ja)(2)(A) of Code Section 33-34-4;
(B) Eighty-five percent of the loss of income or earnings during disability;
(C) Expenses of the type described in subparagraph (a)(2)(C) of Code Section 33-34-4, not to exceed $20.00 per day; and
(D) Funeral services and burial expenses not to exceed $2,000.00 per person;
(2) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section 33-34-4 shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and other wise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or children, or both. Survivor's benefits shall be payable at least monthly until exhausted;
(3) Compensation without regard to fault for damage to the in sured motor vehicle not to exceed the actual cash value of the vehicle at the time of the loss, including up to $ 10.00 per day with a maximum of $300.00 for the loss of use of the motor vehicle, provided that benefits payable under this paragraph may be subject to deductibles at the request of the policyholder.
(b) Each initial application for a new policy of motor vehicle liability insurance sold in this state after November 1, 1982, shall con tain a statement in bold-faced type signed by the applicant indicating that the optional coverages listed in subsection (a) of this Code section have been explained to the applicant.
(c) All named insureds in motor vehicle liability policies in effect on November 1, 1982, shall be deemed to have signed the statement required by subsection (b) of this Code section.
(d) The provisions of subsection (b) of this Code section requiring explanation of the optional coverages shall not apply upon the renewal, replacement, reinstatement, transfer, or substitute of any policy or the addition or substitution of a motor vehicle covered by such policy."

MONDAY, FEBRUARY 22, 1982

1093

Section 2. Said chapter is further amended by striking Code Section 33-34-10 in its entirety and inserting in lieu thereof a new Code Section 33-34-10 to read as follows:
"33-34-10. (a) (1) From and after July 1, 1977, no motor vehicle shall be licensed by this state until the owner has furnished proof in the form provided in this subsection to the licensing authorities that there is in effect the minimum insurance coverage required by this chapter or that there is in effect an approved self-insurance plan and that such coverage was initially issued for a period to exceed 60 days. This time period shall apply only to private passenger vehicles. The commissioner of public safety shall prescribe by rules and regulations the necessary information which shall be required to be furnished in order to satisfy this subsection; however, such information as pertains to the minimum insurance coverage shall contain the certification of the applicant that minimum insurance is in force and the premium has been paid in full or the premium is being paid on an installment basis. The insurer, within five days after the effective date of a permit ted cancellation of such coverage, shall notify the Department of Public Safety in writing of the cancellation.
(2) (A) Any person knowingly making a false certification under this Code section shall be guilty of a misdemeanor and, upon convic tion thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment for not more than 90 days. In addition to such punish ment, the person's operator's license and license tag shall be suspend ed for a period of 30 days. Such person shall be required to submit such operator's license, license tag, and tag registration to the court upon conviction. The court shall forward all licenses, license tags, and tag registrations to the Department of Public Safety. Upon satisfactory proof of minimum insurance coverage as required by this chapter, the commissioner shall forthwith return the license tag and tag registra tion to the owner of the vehicle. Upon satisfactory proof of com pliance with the provisions of this chapter and after the 30 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 suspended under the provisions of this Code section to the operator of the motor vehicle.
(B) For a second or subsequent conviction under this subsection within a five-year period, in addition to the fine or imprisonment pro vided in subparagraph (A) of this paragraph, the person's operator's license and license tag shall be suspended for a period of 90 days. The procedures provided in subparagraph (A) of this paragraph for the submission and forwarding of licenses, license tags, and tag registra tions shall apply to suspensions under this subparagraph. Upon satisfactory proof of minimum insurance coverage as required by this chapter, the commissioner shall forthwith return the license tag and tag registration to the owner of the vehicle. Upon satisfactory proof of compliance with the provisions of this chapter and after the 90 day suspension period has ended, proof of minimum insurance coverage has been filed, proof has been filed of motor vehicle liability in surance equivalent to that required as evidence of security for bodily

1094

JOURNAL OF THE SENATE

injury and property damage liability under the motor vehicle safety responsibility laws of this state, and the payment of a $25.00 restora tion fee has been made to the department, the commissioner shall return the operator's license suspended under the provisions of this subsection to the operator of the motor vehicle.
(3) Any person refusing to deliver his motor vehicle operator's license, motor vehicle license tag, and tag registration to the court after a conviction of knowingly making a false certification under this subsection shall be held in contempt of court until such license, license tag, and tag registration are delivered.
(4) (A) For the purposes of the mandatory suspension of licenses and license tags provided in subparagraph (A) of paragraph (2) of this subsection, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, or a find ing of guilty on a violation under this subsection shall be considered a conviction regardless of whether the sentence is suspended, probated, or rebated.
(B) For the purposes of the mandatory suspension of licenses and license tags provided in subparagraph (B) of paragraph (2) of this subsection, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, or a finding of guilty on a violation under this subsection shall be considered a conviction regardless of whether the sentence is suspended, probated, or revoked.
jb) In cases in which the minimum insurance required by this chapter is canceled by the insurer, upon receipt of notification of such cancellation, the Department of Public Safety shall send a notice to the owner of the motor vehicle that the Department of Public Safety has been informed of the fact of the cancellation. Upon receipt of the 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 Depart ment of Public Safety, to notify the Department of Public Safety as to whether he has obtained the minimum coverage required by this chapter, 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. The informa tion shall be furnished to the Department of Public Safety within 15 days of the date on which the notification was mailed by the Depart ment of Public Safety. Such forms shall contain such additional infor mation as may be required by the Department of Public Safety. If that information is not received by the Department of Public Safety within the specified time period or if no minimum insurance coverage has been obtained, the Department of Public Safety 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 of Public Safety shall require the owner of the motor vehicle to forward his motor vehicle operator's license and any motor vehicle license tag and tag registration issued to such vehicle to the Department of Public Safety. Upon satisfactory proof of compliance with this chapter, the commissioner of public safety shall return any operator's license, motor vehicle license tag, and tag registration suspended under this

MONDAY, FEBRUARY 22, 1982

1095

Code section to the owner of the motor vehicle; provided, however, that, in cases where the operator's license and motor vehicle license tag are suspended, the owner shall be required to submit proof of compliance with this chapter and the payment of a $10.00 restoration fee to the Department of Public Safety in order to receive his operator's license, motor vehicle license tag, and tag registration; pro vided, 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 Depart ment of Public Safety shall suspend the motor vehicle operator's license and the motor vehicle license tag for a period of 60 days; and the suspension shall remain in effect until the owner submits proof of compliance with this chapter and the payment of a $25.00 restoration fee to the Department of Public Safety.
(c) (1) Similarly, in cases in which a person is convicted of know ingly operating or knowingly authorizing another to operate a motor vehicle without effective insurance thereon or without an approved plan of self-insurance as required by this chapter, in addition to any other punishment, such person's operator's license shall be suspend ed for a period of 60 days and, in the case of the owner, the license tag for each vehicle involved. Such person shall be required to submit such operator's license, license tag, and tag registration where ap plicable, to the court upon conviction. The court shall forward such licenses, license tags, and tag registrations to the Department of Public Safety. Upon satisfactory proof of minimum insurance coverage as required by this chapter, the commissioner shall forth with return the license tag and tag registration to the owner of the vehicle. Upon satisfactory proof of compliance with the provisions of this chapter 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 commis sioner shall return the operator's license suspended under the provi sions of this Code section to the^operator of such motor vehicle.
(2) For a second or subsequent offense under this subsection, the commissioner shall require, as an additional condition for the restora tion of a person's operator's license, the filing of proof of motor vehi cle 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.
(3) Any person refusing to deliver his motor vehicle operator's license, motor vehicle license tag, and tag registration to the court after a conviction of knowingly operating or knowingly authorizing another to operate a motor vehicle without effective insurance thereon or without an approved plan of self-insurance as required by this chapter shall be held in contempt of court until such license, license tag, and tag registration are delivered.
(d) (1) The Department of Public Safety, upon suspending the motor vehicle operator's license or motor vehicle license tag as pro vided for in this chapter, shall require that the license, tag, and tag registration be surrendered to the Department of Public Safely im-

1096

JOURNAL OF THE SENATE

mediately following the effective date of suspension; and it is the duty of any owner or operator, immediately upon receipt of notice from the Department of Public Safety, to forward the operator's license, license tag, and tag registration to the Department of Public Safety.
(2) If such motor vehicle operator's license, motor vehicle license tag, and tag registration is not received by the Department of Public Safety within ten days following the effective date of suspension, the commissioner of public safety shall immediately direct any member of the Georgia State Patrol or any peace officer to secure possession of the license, tag, and tag registration and return the same to the com missioner.
(3) Unless otherwise provided in this Code section, notice of the effective date of suspension shall occur when the driver receives ac tual knowledge or legal notice of the suspension, whichever occurs first. For the purposes of making any determination under this chapter relating to the return of a suspended motor vehicle operator's license or motor vehicle license tag, no period of suspension under this chapter shall begin until the license, tag, and tag registration are surrendered to the Department of Public Safety or to a court of com petent jurisdiction under any provisions of this chapter, whichever date shall first occur. If the motor vehicle operator's license, motor vehicle license tag, or tag registration is lost or if for any other reason surrender to the Department of Public Safety is impossible, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the Department of Public Safety.
(4) It shall be unlawful to refuse to deliver upon a legal demand any motor vehicle operator's license, motor vehicle license tag, or tag registration.
(5) Any person violating paragraph (1) of this subsection 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 Code section, where any provision of this Code 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 Code section shall be presumptive evidence that the person received the required notice.
(f) (1) The owner of a motor vehicle shall keep proof or evidence of the minimum insurance coverage required by this chapter in the vehicle at all times during its operation. Any person who violates this paragraph shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this paragraph.

MONDAY, FEBRUARY 22, 1982

1097

(2) Every law enforcement officer in this state shall request the driver of a motor vehicle to produce proof or evidence of minimum in surance coverage required by this chapter at any time the law enforce ment officer requests the presentation of the operator's license of the driver of the vehicle.''
Section 3. This Act shall become effective November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Broun of the 46th moved that the Senate agree to the House substitute to SB 207.

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 Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Hudgins Kidd Land Lester Littlefield

Those voting in the negative were Senators:

Barnes Bond Brantley Bryant English

Engram Evans Howard Hudson Kennedy

McKenzie Reynolds Robinson Scott Starr Summers Tate Thompson . Timmons Turner Tysinger Walker Wessels
McGill Stephens Stumbaugh Sutton Trulock

On the motion, the yeas were 41, nays 15; the motion prevailed, and the Senate agreed to the House substitute to SB 207.

1098

JOURNAL 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 603. By Senators Starr of the 44th, Howard of the 42nd and Fincher of the 52nd:
A bill to amend an Act known as the "Georgia Public Assistance Act of 1965", as amended, so as to provide for the establishment of a pilot and state-wide community work experience program for certain unemployed recipients of aid to families with dependent children; to provide for legislative findings; to amend the Official Code of Georgia Annotated ac cordingly.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, 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 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

Not voting were Senators Bowen and Timmons.
On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bills of the House were taken up for the purpose of considering the House action thereon:

MONDAY, FEBRUARY 22, 1982

1099

HB 1109. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend an Act known as the "Georgia Water Quality Control Act," so as to provide for monitoring, recording, and reporting certain in formation regarding the withdrawal of water from surface waters for cer tain irrigation systems.

Senator Gillis of the 20th moved that the Senate adhere to the Senate amend ment to HB 1109 and that a Conference Committee be appointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1109.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Gillis of the 20th, Walker of the 19th and McGill of the 24th.

HB 1110. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend an Act known as the "Groundwater Use Act of 1972," so as to change the provisions relating to exemption from said Act.

Senator Gillis of the 20th moved that the Senate adhere to the Senate amend ment to HB 1110 and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1110.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Gillis of the 20th, Walker of the 19th and McGill of the 24th.

The following general resolution of the Senate, favorably reported by the com mittee, was read the third tune and put upon its adoption:

SR 283. 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 provide for the enhancement and promotion of more effective citizen participation in government by assisting in the development and maintenance of viable

1100

JOURNAL OF THE SENATE

political institutions and parties; to provide for the appropriation of funds to accomplish the enhancement and promotion of citizen participa tion and of the development and maintenance of viable political institu tions and parties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section II, Paragraph I of the Constitution is amended by adding at the end thereof a new subparagraph 14 to read as follows:
"14. To enhance and promote more effective citizen participation in government by assisting in the development and maintenance of viable political institutions and parties."
Section 2. Article III, Section X, Paragraph VII of the Constitution is amended by adding at the end thereof a new subparagraph (c) to read as follows:
"(c) The General Assembly shall provide by law a procedure whereby an amount of money may be designated by the citizens of the state and thereby appropriated for the purpose of enhancing and promoting more effective citizen participation in government by assisting in the development and maintenance of viable political in stitutions and parties allowed by law to be so designated. The aforesaid sum shall be appropriated to each institution and party so designated in the amount and to the extent of the total of all contribu tions designated by the citizens of this state to be made to said institu tion or party. Sums appropriated in the aforesaid manner shall be available for the aforesaid institutions and parties and for the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act. Said sum need not be specifical ly stated in any General Appropriations Act passed by the General Assembly in order to be available for such purposes and for said in stitutions and parties. The sums made available for the purposes pro vided herein shall not be subject to reduction below the total amounts designated as contributions to all qualifying institutions or parties."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the General Assembly shall provide by law a procedure to
[ ] NO collect and disburse revenue for the purpose of enhancing and promoting more effective citizen participation in government by assisting in the development and maintenance of viable political institutions and political parties?"

MONDAY, FEBRUARY 22, 1982

1101

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 Holloway of the 12th offered the following amendment: Amend SR 283 by adding on Page 1, line 23 after the word "money"
the following: "not to exceed $ 1.00 per individual taxpayer".
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 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:

Allgood Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Garner Gillis Holloway Horton Howard Hudgins Hudson Kidd Land Lester Littlefield

Those voting in the negative were Senators:

Ballard Deal Foster Greene

Hill Kennedy Robinson

McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Tate Thompson Timmons Trulock Turner Walker Wessels
Summers Sutton Tysinger

1102

JOURNAL OF THE SENATE

Not voting were Senators Barker and Bond.

On the adoption of the resolution, the yeas were 44, nays 10.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted as amended.

The following bill of the Senate was taken up for the purpose of considering the Second Conference Committee Report thereon:
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 Second Conference Committee Report on SB 227 was as follows:

The Conference Committee on SB 227 recommends that the Senate and the House of Representatives both recede from their respective posi tions and that the attached Conference Committee Substitute to SB 227 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Jimmy Lester Senator, 23rd District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Burl Davis Representative, 99th District

/s/ Joe Thompson Senator, 32nd District
/s/ Roy E. Barnes Senator, 33rd District

Is/ Sam Nicholson Representative, 88th District
/s/ Robert P. Phillips, III Representative, 125th District

MONDAY, FEBRUARY 22, 1982

1103

Conference Committee substitute to SB 227:

A BILL
To be entitled an Act to amend Code Chapter 26-13, relating to crimes of bodily injury and related offenses, as amended, so as to change the penalty for aggravated assault; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 26-13, relating to crimes of bodily injury and related offenses, as amended, is amended by striking Code Section 26-1302 and inserting in lieu thereof a new Code Section 26-1302 to read as follows:
"26-1302. Aggravated assault. A person commits aggravated assault when he assaults (a) with intent to murder, to rape, or to rob, or (b) with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury. A person convicted of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. A person who knowingly commits aggravated assault upon a peace officer while such peace officer is engaged in or on account of the performance of his official duties shall upon convic tion be punished by imprisonment for not less than five nor more than 20 year 3."
Part 2
Section 2. Code Section 16-5-21 of the Official Code of Georgia An notated, relating to aggravated assault, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-5-21 to read as follows:
"16-5-21. (a) A person commits the offense of aggravated assault when he assaults:
(1) With intent to murder, to rape, or to rob; or
(2) With a deadly weapon or with any object, device, or instru ment which, when used offensively against a person, is likely to or ac tually does result in serious bodily injury.
(b) A person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.

1104

JOURNAL OF THE SENATE

(c) A person who knowingly commits the offense of aggravated assault upon a peace officer while a peace office is engaged in, or on account of the performance of, his official duties shall, upon convic tion thereof, be punished by imprisonment for not less than five nor more than 20 years."
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Lester of the 23rd moved that the Senate adopt the Second Conference Committee Report on SB 227.
On the motion, a roll caH 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 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 Timmons Trulock Turner
Tysinger Walker
Wessels

Those not voting were Senators:

Bond

Evans

Tate

Broun of 46th

MONDAY, FEBRUARY 22, 1982

1105

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate adopted the Second Conference Committee Report on SB 227.

The following general resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their adoption:

SR 281. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state-owned property located in 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
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
Holloway Horton Howard Hudgins Hudson
Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Bond

Coverdell

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels
Tate

On the adoption of the resolution, the yeas were 53, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

1106

JOURNAL OF THE SENATE

HR 577. By Representative Jones of the 78th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey by quitclaim deed certain stateowned real property located within Butts County, Georgia, to Butts County, Georgia.
Senate Sponsor: Senator Horton of the 17th.

The Senate Committee on Public Utilities offered the following substitute to HR 577:
A RESOLUTION
Authorizing the State of Georgia, acting by and through its State Properties Commission, to convey by quitclaim deed certain state owned real property located within Butts County, Georgia, to Butts County, Georgia; to provide for an effective date; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property within Butts County, Georgia, commonly known as the Mclntosh Inn and formerly known as the Indian Springs Hotel and the Varner House property, hereinafter sometimes called "said real property"; and
WHEREAS, said real property which is presently under the custody of the Department of Natural Resources comprises 2.58 acres and is more particularly described as follows:
"All that certain lot, tract or parcel of land, the same being im proved property, lying and being at Indian Springs in Butts County, Georgia, containing 2V4 acres, more or less, and well known as the Varner House property, and bounded on the North by lands formerly of W. D. Lamar but now the lands of Jamerson, on the East by lands of Bryan, on the South by Lot No. 17, and on the West by a Public Road, and being the same real property conveyed to Paul J. Varner by Miss Joe Varner by deed dated October 22, 1927, and recorded on October 24, 1927, in the Public Records of Butts County, Georgia, in Book 7, Page 125, to which said deed and the record thereof reference is made for all purposes. Said real property is further described in a plat prepared by Evans Surveyors Service and labeled 'Proposed Acquisi tion by the State of Georgia, Georgia Department of Natural Resources, 614th District G. M., Indian Springs, Butts County, Georgia, dated June 1974', and certified by Joe V. Evans, Georgia Registered Land Surveyor No. 1103 on the 12th day of June 1974, which plat is on file in the offices of the Department of Natural Resources and the State Properties Commission";
and
WHEREAS, the commissioner and Board of Natural Resources have determined that said real property is surplus and could serve the general public best in the ownership of Butts County, Georgia; and

MONDAY, FEBRUARY 22, 1982

1107

WHEREAS, the Butts County Historical Society, Inc., a nonprofit cor poration, dedicated to the interpretation and preservation of historical sites, is desirous to assume management and restoration of said real property for historic, educational, and related purposes beneficial to the general public; and
WHEREAS, Butts County, Georgia, is desirous of leasing said real property to the Butts County Historical Society, Inc., for the above-stated purposes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the abovedescribed 2.58 acres of real property in Butts County, Georgia, and that in all matters relating to the conveyance of the said real property the State of Georgia is acting by and through its State Properties Commis sion.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey .by quitclaim deed to Butts County, Georgia, the hereinabove described real property in fee simple absolute for the monetary consideration of the sum of $1.00, subject to the covenants stated herein.
Section 3. That in the quitclaim deed conveying the hereinabovedescribed real property Butts County, Georgia, shall covenant to lease said property to the Butts County Historical Society, Inc., for the monetary consideration of the sum of $1.00 so long as said Butts County Historical Society, Inc., restores, maintains, and uses said property for historic, educational, and related purposes, and to provide in said lease that if said Butts County Historical Society, Inc., fails to restore and maintain said property or ceases to use said property for the aforesaid purposes, then said lease shall terminate and all rights, title, and interest to said real property shall be vested absolutely and completely in Butts County, Georgia.
Section 4. That in the quitclaim deed conveying the hereinabove described real property Butts County, Georgia, shall covenant to use said property only for public purposes, which shall include the leasing of said property to the Butts County Historical Society, Inc., for historic, educa tional, and related purposes.
Section 5. That the above covenants by Butts County, Georgia, shall be covenants running with the land and not limitations upon the estate granted to Butts County, Georgia.
Section 6. That the conveyance to Butts County, Georgia, of said real property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission.
Section 7. That the State Properties Commission is hereby autho rized to do all acts and things necessary and proper to effect such con veyances.

1108

JOURNAL OF THE SENATE

Section 8. That for purposes of compliance with the provisions of Code Section 91-403A(b)(4), requiring that a conveyance of real property by the state be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat prepared by Evans Surveyors Ser vice and labeled "Proposed Acquisition by the State of Georgia, Depart ment of Natural Resources, 614th District G.M., Indian Springs, Butts County, Georgia, dated June 1974," and certified by Joe V. Evans, Georgia Registered Land Surveyor No. 1103 on the 12th of June 1974, currently on file with the Department of Natural Resources and the State Properties Commission, shall constitute an acceptable plat for filing with the Secretary of State.
Section 9. That this resolution shall become effective as law im mediately upon its approval by the Governor or upon its becoming law without his approval.

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 Barker Barnes Bell Bowen Brannon Brantley Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins 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:

Bond Broun of 46th

Bryant Fincher of 52nd

Hudson

MONDAY, FEBRUARY 22, 1982

1109

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 bills and resolutions of the House were read the first time and referred to committees:

HB 883. By Representatives Culpepper of the 98th, Kemp of the 139th, Davis of the 45th and others:
A bill to amend the "Georgia Civil Practice Act," so as to change the ef fect of a dismissal for failure of the plaintiff to prosecute. Referred to Committee on Judiciary.

HB 1324. By Representative Phillips of the 59th:
A bill to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and other related offenses, so as to repeal a subseciton of the Code section relating to the offense of kidnapping which makes it unlawful for certain persons to take certain action relative to individuals under the age of 16 years.
Referred to Committee on Judiciary.

HB 1419. By Representative Wall of the 61st:
A bill to amend an Act authorizing leaves of absence for public employees when the absence is to permit the employee to participate in blood donation, so as to provide for additional leave of absence for public employees who donate blood platelets through the pheresis process; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Governmental Operations.

HB 1563. By Representative Phillips of the 120th:
A bill to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public purposes, so as to provide that eligible municipalities which fail to file or which file after the cutoff date the required certification for funds in Fiscal Year 1982 may file or refile a late certificate and qualify for Fiscal Year 1982 funds.
Referred to Committee on County and Urban Affairs--GEN.

1110

JOURNAL OF THE SENATE

HR 158. By Representative Adams of the 36th:
A resolution proposing an amendment to the Constitution so as to pro hibit Fulton County from constructing, maintaining, operating, or taxing for public libraries within the corporate limits of any city located wholly or partially within Fulton County and having a population exceeding 5,000.
Referred to Committee on County and Urban Affairs.

HR 700. By Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to limit the power of Houston County and the Houston County School District to impose, levy, collect, and receive ad valorem taxes.
Referred to Committee on County and Urban Affairs.

The following general resolution of the Senate, favorably reported by the com mittee, was read the third time and put upon its adoption:

SR 286. By Senator McGill of the 24th:
A resolution urging the Attorney General and the Department of Agriculture to notify certain persons with regard to and to take certain precautionary measures with regard to the annual loss of dairy products delivery cases.

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 Brown of 47th Bryant Cobb
Coleman Coverdell

Deal Dean Eldridge English Engram Evans Fincher of 52nd Foster Garner Gillis Greene
Hill Holloway

Howard Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson
Scott Starr

MONDAY, FEBRUARY 22, 1982

1111

Stephens Stumbaugh Summers Sutton

Tate Timmons Trulock Turner

Ty singer Walker Wessels

Those not voting were Senators:

Bond Broun of 46th

Fincher of 54th Horton

Hudgins Thompson

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Bond of the 39th introduced members of the Uganda Parliament to the Senate.

The following general resolution of the Senate and bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

SR 250. By Senator Foster of the 50th:
A resolution authorizing the conveyance of certain real property located in Habersham County.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard 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

Hill Howard Kennedy Kidd Land Lester McGill McKenzie Reynolds Robinson Scott Starr

1112

JOURNAL OF THE SENATE

Stephens Stumbaugh Summers Sutton

Tate Trulock Turner

Tysinger Walker Wessels

Those not voting were Senators:

Bond Broun of 46th Evans Holloway

Horton Hudgins Hudson

Littlefield Thompson Timmons

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1400. By Representatives Scott of the 123rd, Triplett of the 128th, Ginsberg of the 122nd and others:
A bill to amend Code Chapter 93-3, relating to jurisdiction, powers, and duties of the Public Service Commission, so as to provide that a utility regulated by the Public Service Commission may file with the commis sion an application to determine the appropriate rate to recover the cost of conversion; to amend the Official Code of Georgia Annotated accor dingly.
Senate Sponsor: Senator Coleman of the 1st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bowen Brannon Brantley Brown of 47th Bryant
Cobb Coleman Deal

Dean Eldridge English Engrarri Evans Fincher of 52nd Fincher of 54th Foster Garner
Gillis Greene Hill

Holloway Horton Howard Hudson Kennedy Kidd Land Lester McGill
McKenzie Reynolds Robinson

MONDAY, FEBRUARY 22, 1982

1113

Scott Starr Stephens Stumbaugh

Summers Sutton Trulock Turner

Tysinger Walker Wessels

Those not voting were Senators:

Barker
Bond Broun of 46th

Coverdell
Hudgins Littlefield

Tate
Thompson Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1447. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Code Section 57-109, relating to the prohibition pertain ing to the payment of interest on unpaid interest, so as to provide that in terest may be charged on unpaid interest under certain conditions; to amend the Official Code of Georgia Annotated.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond 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
Holloway Horton Howard Hudson Kennedy Kidd Land Lester

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton
Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

1114

JOURNAL OF THE SENATE

Those not voting were Senators:

Broun of 46th Garner

Hudgins Littlefield

Stephens

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President announced that the Senate would stand in recess from 12:30 o'clock P.M. until 2:00 o'clock P.M.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair, and, at 2:00 o'clock P.M., called the Senate to order.

The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 514. By Senator Scott of the 43rd:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia, relating to the jurisdiction and duties of the Georgia State Patrol, so as to provide that the primary responsibility for performing certain duties upon the interstate highways shall be that of the Uniform Division but to allow other law enforcement agencies to perform such duties.

The Senate Committee on Public Safety offered the following amendment:

Amend SB 514 by striking from lines 7 and 8 of Page 2 the following:
"Section 2. This Act shall become effective July 1, 1984.",
and inserting in its place the following:
"Section 2. This Act shall become effective when sufficient funds have been appropriated to permit the assumption, by the Uniform Division, of the responsibility herein imposed."

Senator Coverdell of the 40th offered the following amendment:

Amend the amendment to SB 514 offered by the Senate Committee on Public Safety by adding on line 11 after the word "imposed.", the words:
"but in no event shall the effective date be extended beyond July 1, 1986."

MONDAY, FEBRUARY 22, 1982

1115

On the adoption of the amendment, the yeas were 36, nays 1, and the amend ment was adopted.

On the adoption of the amendment offered by the Senate Committee on Public Safety, the yeas were 35, nays 1, and the amendment was adopted as amended.

Senator Broun of the 46th offered the following amendment:

Amend SB 514 by renumbering Sections 2 and 3 as Sections 3 and 4 and by adding a new Section 2 to read as follows:
"Section 2. All fines derived from the enforcement of this Act shall be divided equally between the State Treasury and the local jurisdiction in which the arrest was made.";
and
by adding on Page 1, line 7 after the word "duties;" the following:
'' to provide for allocation of fines;''.

On the adoption of the amendment, the yeas were 16, nays 22, and the amend ment was lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Brannon Cobb Coleman Engram Evans Fincher of 52nd

Fincher of 54th Hill Horton Howard Hudgins Hudson Kidd Land Scott

Those voting in the negative were Senators:

Allgood Barker Bowen

Broun of 46th Brown of 47th Bryant

Starr Stephens Stumbaugh Summers Tate Thompson Timmons Tysinger Wessels
Deal Dean Eldridge

1116

JOURNAL OF THE SENATE

English Foster Garner Gillis Greene Kennedy

Lester Littlefield McGill McKenzie Reynolds

Those not voting were Senators:

Brantley

Coverdell

Robinson Sutton Trulock Turner Walker
Holloway (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.

Senator Scott of the 43rd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 514.

HB 1223. By Representatives Miles of the 107th, Cheeks of the 89th, Colbert of the 23rd and Sherrod of the 143rd:
A bill to amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, so as to continue the Board of Chiropractic Examiners and the laws relating thereto but to provide for the later termination of the board and such laws; to amend the Official Code of Georgia An notated accordingly.
Senate Sponsor: Senator Howard of the 42nd.

Senators Greene of the 26th and Howard of the 42nd offered the following substitute to HB 1223:
A BILL
To be entitled an Act to amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, as amended, so as to continue the Board of Chiropractic Examiners and the laws relating thereto but to pro vide for the later termination of the board and such laws; to provide that general college training requirements shall not apply to certain persons; to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure and practice of chiropractors, so as to provide for the same changes described above as well as to change the meeting times of the Board of Chiropractic Examiners; to provide for display of licenses; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 22, 1982

my

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 84-5, relating to the practice and licensure of chiropractors, as amended, is amended by adding immediately follow ing Code Section 84-504 a new Code Section 84-504.1 to read as follows:
"84-504.1. Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Board of Chiropractic Examiners and the laws relating thereto are hereby continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termina tion period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the pur pose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their en tirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board."
Section 2. Said Code chapter is further amended by striking the third unnumbered paragraph of Code Section 84-507 and inserting in its place a new third unnumbered paragraph to read as follows:
"Provided, however, that the general college training require ment set out hereinabove shall not be applicable to applicants who were students in an approved chiropractic college prior to January 1, 1964, or to persons who have been in active practice for at least ten consecutive years prior to applying for licensure in Georgia. In the lat ter case, the applicant may, at the discretion of the board, be given an examination as provided in Code Section 84-508 or he may be con sidered for reciprocity in accordance with the provisions of Code Sec tion 84-510."
Part 2
Section 3. Chapter 9 of Title 43 of the Official Code of Georgia An notated, relating to the licensure and practice of chiropractors, is amend ed by striking Code Section 43-9-4 and inserting in its place a new Code Section 43-9-4 to read as follows:
"43-9-4. The board shall meet at such times as the board deter mines necessary for the performance of its duties. The board shall adopt a seal, which shall be affixed to all licenses issued and shall from time to time adopt such rules and regulations as it deems proper and necessary for the performance of its duties. The board shall elect annually a president and a vice president. Immediately before enter ing upon the duties of office, the members of the board shall take the

1118

JOURNAL OF THE SENATE

constitutional oath of office and shall file the same in the office of the Governor, who, upon receiving the oath of office, shall issue a cer tificate of appointment to each member."
Section 4. Said chapter is further amended by striking subsection (f) of Code Section 43-9-7 and inserting in its place a new subsection (f) to read as follows:
"(f) The general college training requirement as set out in subsec tion (e) of this Code section shall not be applicable to applicants who were students in an approved chiropractic college prior to January 1, 1964, or to persons who have been in active practice for at least ten consecutive years prior to applying for licensure in Georgia. In the lat ter case, the applicant may, at the discretion of the board, be given an examination as provided in Code Section 43-9-8 or he may be con sidered for reciprocity in accordance with the provisions of Code Sec tion 43-9-9."
Section 5. Said chapter is further amended by adding immediately following Code Section 43-9-10 a new Code Section 43-9-10.1 to read as follows:
"43-9-10.1 Every person licensed under this chapter shall display such license in a conspicuous place in such person's principal place of business."
Section 6. Said chapter is further amended by striking Code Section 43-9-20 and inserting in its place a new Code Section 43-9-20 to read as follows:
"43-9-20. For the purposes of Chapter 2 of this title, The Act Pro viding for the Review, Continuation, Reestablishment, or Termina tion of Regulatory Agencies,' the Georgia Board of Chiropractic Ex aminers shall be terminated on July 1, 1988, and this chapter and any other laws relating to such board shall be repealed in their entirety ef fective on the date specified in Code Section 43-2-8."
Parts
Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c| Part 2 of this Act shall become effective on November 1, 1982.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

MONDAY, FEBRUARY 22, 1982

1119

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 Broun of 46th Bryant Cobb Coleman Deal Dean Eldridge Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard 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:

Brantley Brown of 47th Coverdell

English Holloway (presiding) Hudgins

Hudson Littlefield

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1223.

SB 613. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia An notated, relating to ad valorem taxation of property, so as to change the provisions relating to adjustment and equalization of county tax digests; to change certain procedures; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1120

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Broun of 46th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram 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 Walker Wessels

Those not voting were Senators:

Brantley Brown of 47th

Evans Holloway (presiding)

Hudson

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 606. By Senators Fincher of the 52nd, Lester of the 23rd, Summers of the 53rd and others: A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the aid to families with dependent children, so as to require recipients and applicants of assistance to undergo testing, take vocational training, and seek employment; to pro vide 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:

MONDAY, FEBRUARY 22, 1982

1121

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 Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Howard Kennedy Kidd Land

Lester McGill McKenzie Reynolds Scott Starr Stumbaugh Summers Thompson Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Bond Evans Greene

Littlefield Robinson

Those not voting were Senators:

Brantley Holloway (presiding)

Hudgins Hudson

Stephens Tate
Sutton Trulock

On the passage of the bill, the yeas were 43, nays 7. The bill, having received the requisite constitutional majority, was passed.

SB 620. By Senators Howard of the 42nd, Kidd of the 25th and McGill of the 24th:
A bill to amend Chapter 42 of Title 43 of the Official Code of Georgia An notated, relating to professional sanitarians, so as to change the member ship of the Georgia Board of Registered Professional Sanitarians and to provide for a quorum; to abolish the board's advisory council but to pro vide for resource councils; to change certain requirements relating to ex aminations and applications therefor and provide for licenses, cer tificates, and fees; to provide an effective date.

1122

JOURNAL OF THE SENATE

Senator Howard of the 42nd offered the following substitute to SB 620:

A BILL
To be entitled an Act to amend Chapter 42 of Title 43 of the Official Code of Georgia Annotated, relating to professional sanitarians, so as to change the membership of the Georgia Board of Registered Professional Sanitarians and to provide for a quorum; to abolish the board's advisory council but to provide for resource councils; to change certain re quirements relating to examinations and applications therefor and pro vide for licenses, certificates, and 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. Chapter 42 of Title 43 of the Official Code of Georgia An notated, relating to professional sanitarians, is amended by striking Code Section 43-42-2, which reads as follows:
"43-42-2. (a) There is created the Georgia Board of Registered Pro fessional Sanitarians, to be composed of seven members who are citizens of the United States and legal residents of this state and who are appointed by the Governor as provided in subsections (e) and (f) of this Code section.
(b) No member of such board shall be appointed for more than two consecutive terms.
(c) Vacancies on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment.
(d) The Governor may remove any member from the board for neglect of duty required by law or for incompetency or unprofessional or dishonorable conduct.
(e) Six members of the board shall at all times consist of the following:
(1) One registered professional sanitarian from the Department of Agriculture;
(2) One registered professional sanitarian from a Department of Human Resources local health department;
(3) One registered professional sanitarian from the Department of Human Resources, state level;
(4) One registered professional sanitarian from the College of Agriculture of the University of Georgia;
(5) One registered professional sanitarian from a unit of the University System of Georgia other than the University of Georgia; and

MONDAY, FEBRUARY 22, 1982

1123

(6) One registered professional sanitarian from the industries in which registered professional sanitarians are employed.
Those persons serving as such members immediately prior to July 1, 1980, shall serve out their terms of office. Thereafter, the term of each such member shall be for three years and until the appointment and qualification of a successor.
(f) One member of the board shall be a consumer member who is not a registered professional sanitarian. The initial term of the con sumer member shall begin July 1, 1980, and end June 30, 1982, upon the appointment and qualification of a successor. Thereafter, the term of the consumer member shall be for three years and until the ap pointment and qualification of a successor. The consumer member may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of registered professional sanitarians for licensing in this state.
(g) The board shall meet annually and shall elect from its members a president and a vice-president and such other officers as the board may deem necessary. All officers shall be elected annually by the board for terms of one year each or until their successors shall have been elected. The board may hold such other meetings during the year as may be necessary to transact its business.
(h) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.",
and inserting in its place a new Code Section 43-42-2 to read as follows:
"43-42-2. (a) There is created the Georgia Board of Registered Pro fessional Sanitarians, to be composed of eight members who are legal residents of this state and who are appointed by the Governor as pro vided in subsections (e) and (f| of this Code section.
(b) No member of such board shall be appointed for more than two consecutive terms.
(c) Vacancies on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment.
(d) The Governor may remove any member from the board for neglect of duty required by law or for incompetency or unprofessional or dishonorable conduct.
(e) Eight members of the board shall at all times consist of the following:
(1) One registered professional sanitarian from the Georgia Department of Agriculture, district level, and the member serving as the registered professional sanitarian from the Georgia Department of Agriculture immediately prior to the effective date of this Code sec tion shall be deemed to be the district level member from that depart ment. Upon the expiration of that member's term, successors shall be appointed from the Georgia Department of Agriculture, district level;

1124

JOURNAL OF THE SENATE

(2) One registered professional sanitarian from the Georgia Department of Agriculture, state level, who shall be appointed for an initial term beginning November 1, 1982, and ending December 31, 1984, and until the appointment and qualification of a successor. Thereafter, successors shall serve for terms of three years and until their successors are appointed and qualified;
(3) One registered professional sanitarian from a Department of Human Resources local health department;
(4) One registered professional sanitarian from the Department of Human Resources, state level;
(5) One registered professional sanitarian from the College of Agriculture of the University of Georgia;
(6) One registered professional sanitarian from the University System of Georgia other than the University of Georgia; and
(7) One registered professional sanitarian who is not an employee of government.
Those persons serving as such members immediately prior to July 1, 1980, shall serve out their terms of office. Thereafter, the term of each such member shall be for three years and until the appointment and qualification of a successor.
(8) One member of the board shall be a consumer member who is not a registered professional sanitarian. The initial term of the con sumer member shall begin July 1, 1980, and end June 30, 1982, upon the appointment and qualification of a successor. Thereafter, the term of the consumer member shall be for three years and until the ap pointment and qualification of a successor.
(f) The board shall meet annually and shall elect from its members a president and a vice-president and such other officers as the board may deem necessary. All officers shall be elected annually by the board for terms of one year or until their successors shall have been elected. The board may hold such other meetings during the year as may be necessary to transact its business. Five members of the eight board members shall constitute a quorum.
(g) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2."
Section 2. Said chapter is further amended by striking from paragraph (12) of Code Section 43-42-3, relating to powers and duties of the board, the following:
"; and",
and inserting in its place a semicolon, and by striking the period in paragraph (13) and inserting in its place the following:
"; and",

MONDAY, FEBRUARY 22, 1982

1125

and by adding a new paragraph (14) thereafter to read as follows:
"(14) To appoint, at such times as it deems necessary, one or, more resource councils consisting of nonboard members to serve at the pleasure of the board and provide assistance to the board in carrying out its duties, provided that at no time shall the membership of any such council exceed six persons, nor shall the members thereof receive any compensation, allowances, or expenses for- services thereon."
Section 3. Said chapter is further amended by striking in its entirety Code Section 43-42-4, which reads as follows:
"43-42-4. (a) There is established an advisory council of all members, which council shall consist at all times of one represen tative from each of the following organizations, agencies, professions, or offices:
(1) Georgia Environmental Health Association;
(2) Georgia Public Health Association;
(3) Two members from industries that employ registered profes sional sanitarians;
(4) Department of Agriculture;
(5) Department of Human Resources;
(6) College of Agriculture of the University of Georgia;
(7) Federal Environmental Protection Agency;
(8) One doctor of veterinary medicine;
(9) One mayor who is a member of the Georgia Municipal Association; and
(10) One county commissioner who is a member of the Associa tion County Commissioners of Georgia.
(b) All advisory council members shall be appointed by the board for terms of three years each. The board may remove any member from the council for neglect of duty required by law or for incompetency or unprofessional or dishonorable conduct. Vacancies on the council may be filled by the board by appointment of a member to serve the remainder of the unexpired term.
(c) The council shall meet annually on the second Monday in September and elect a chairman, a vice-chairman, and a secretary and shall meet at other times on call from the chairman or written demand of five members. There shall be at least one meeting annually with the board and such other joint meetings as deemed necessary by the board and the council.

1126

JOURNAL OF THE SENATE

(d) It shall be the duty of the council to advise the board concern ing any and all matters coming within the purview of this chapter and the enforcement thereof, which in the opinion of the board or the council, or both, shall be deemed necessary or expedient.
(e) The members of the council shall receive no compensation."
Section 4. Said chapter is further amended by striking Code Section 43-42-5 in its entirety and inserting in its place a new Code Section 43-42-5 to read as follows:
"43-42-5. (a) Any person desiring to be licensed as a registered professional sanitarian in this state shall make written application to the board to take the sanitarian examination. The application shall in clude evidence that the applicant will possess, within 30 days after the examination and as certified by the department head and dean of ap plicant's college or university, or already possesses a degree from a four-year accredited college or university with a minimum of 40 quarter-hours in basic physical, biological, and sanitary sciences.
(b) The application shall be accompanied by a fee in the amount established and published by the board.
(c) If the board determines that an applicant possesses the proper qualifications, it shall admit the applicant to the next examination.
(d) The board shall hold at least one examination each year and may hold such additional examinations as are necessary. The prepara tion, administration, and grading of examinations shall be governed by rules prescribed by the board.
(e) After each examination, the joint-secretary shall notify each ex aminee of the result of his examination. Any person failing an ex amination shall be admitted to any subsequent examination on pay ment of the appropriate fee.
(f) The board shall issue licenses to persons who have successfully completed the examination and have completed two years of on-thejob training; provided, however, that the board may accept one year of on-the-job training where the applicant has participated in a board approved organized training program sponsored by industry or government. The joint-secretary shall record the new licenses and issue a certificate of registration for the new licenses."
Section 5. This Act shall become effective November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 28, nays 1, and the substitute was adopted.

MONDAY, FEBRUARY 22, 1982

1127

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 Broun of 46th Brown of 47th Bryant Cobb Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Ty singer Walker Wessels

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Brantley Coleman

Gillis Hill

Holloway (presiding) Howard

On the passage of the bill, the yeas were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Gillis of the 20th assumed the Chair.

1128

JOURNAL OF THE SENATE

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 280. By Senator Reynolds of the 48th:
A resolution creating the Duplication of Services and Efficiency and Economy in State Government 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 Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans
Fincher of 54th Foster Garner 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 Walker Wessels

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Brantley Fincher of 52nd

Gillis (presidig) Greene

Holloway

On the adoption of the resolution, the yeas were 50, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.
The following general resolution of the Senate, favorably reported by the com mittee, was read the third time and put upon its adoption:

MONDAY, FEBRUARY 22, 1982

1129

SR 270. By Senators Brannon of the 51st, Garner of the 30th, Eldridge of the 7th and others:
A resolution designating the "Georgia Coroners Manual" as the official operating manual for coroners in the State of Georgia.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Bowen Brannon 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 Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Those not voting were Senators:

Barker
Brantley Evans

Gillis (presiding) Reynolds

Littlefield McGill McKenzie Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker
Starr Wessels

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

1130

JOURNAL OF THE SENATE

The following general bill of the House, having been read the third time on February 18 and postponed until February 22, was put upon its passage:

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.
Senate Sponsor: Senator Wessels of the 2nd.
The Senate Committee on Special Judiciary offered the following substitute to HB 454:
A BILL
To be entitled an Act to amend Code Chapter 22-19, relating to cor porate 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; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 22-19, relating to corporate takeovers, is amended by striking subsections (a), (b), (f), and (g) of Code Section 22-1901 in their entirety and inserting in lieu thereof new subsections (a), (b), (f), and jg) and a new subsection (j), to read as follows:
"(a) 'Equity security' means any of the units into which the pro prietary, financial, or beneficial interests in a domestic or foreign cor poration or joint-stock association are divided, or any security conver tible into any such unit, or any warrant or right to subscribe for or purchase any such unit.
(b) 'Person' means any individual, corporation, partnership, limited partnership, syndicate, joint-stock association, or other jointstock company, unincorporated organization, trust, estate, or associa tion.
(f) (1) 'Takeover bid' means
(A) The offer to acquire or the acquisition of any equity security of an offeree company by means of a tender offer or request or invitation for tenders, if after the acquisition thereof the offerer, together with its associates, would be directly or indirectly a beneficial owner of more than 10 percent of any class of the outstanding equity securities of the offeree company, or
(B) The offer to acquire or the acquisition of any equity security of an offeree company by any means other than a tender offer or request or invitation for tenders as contemplated by (A) above, if prior to such

MONDAY, FEBRUARY 22, 1982

1131

offer or acquisition the offerer, together with its associates, is directly or indirectly the beneficial owner of more than 10 percent of any class of equity security of the offeree company and such acquisition, together with all other acquisitions by such offerer and its associates within the 12 month period immediately preceding the date of such offer or acquisition, would constitute more than 2 percent of any class of equity security of the offeree company.
(2) With respect to conduct of the type specified in subparagraph (f)(lj(A) of Code Section 22-1901 and subparagraph (f)(l)(B) of Code Section 22-1901, a takeover bid shall not include, for the purposes of this chapter, an offer to acquire, or the acquisition of, any equity security of an offeree company pursuant to:
(A) An offer or offers made to not more than 15 offerees during any period of 12 consecutive months;
(B) An offer made on substantially equal terms to all shareholders of the class of equity securities of the offeree company to which the offer relates and as to which the offeree company, acting through its board of directors, board of trustees, or other governing body, has, prior to the time that such offer is first made, recommended accep tance to such shareholders, if the terms thereof, including any in ducements to officers, directors, trustees, or other governing officials of the offeree company and any of 'their associates that are not available to all shareholders, have been disclosed to all shareholders;
(C) An offer by a corporation or joint-stock association to acquire its own equity securities or the equity securities of its subsidiary cor poration as defined in subsection (c) of Code Section 22-102; or
(D) An offer to exchange the securities of an issuer for equity securities of an offeree company where the securities proposed to be issued are registered pursuant to the federal Securities Act of 1933, as amended, or the 'Georgia Securities Act of 1973,' approved April 18, 1973 (Ga. Laws 1973, p. 1202), as amended, in connection with such offer.
(E) (i) An offer by a person to exchange securities for, seek to ac quire, or acquire in the open market or otherwise, any voting securities of a domestic insurer or of a person controlling a domestic insurer if such person making the offer is subject to the requirements of Section 56-3403 of the Georgia Insurance Code relating to acquisi tions of or mergers with domestic insurers, or (ii) an offer by a person to merge with a domestic insurer or with a person controlling a domestic insurer, if such person making the offer is subject to the re quirements of Section 56-3403 of the Georgia Insurance Code relating to acquisitions of or mergers with domestic insurers.
(3) With respect solely to conduct of the type specified in subparagraph (f)(l)(B) of Code Section 22-1901, a takeover bid shall not include, for the purposes of this chapter, an offer to acquire, or the ac quisition of, any equity security of an offeree company pursuant to an offer made by (A) a person who is an officer, director, trustee, or other governing official of the offeree company or who, together with his

1132

JOURNAL OF THE SENATE

associates, is directly or indirectly the beneficial owner of more than 50 percent of the outstanding equity securities of the offeree com pany, or (B) any relative or spouse of such person, or any relative of such spouse, who has the same home as such person.
(g) 'Offeree company' means a corporation or joint-stock associa tion having 100 or more holders of record of its equity securities and whose equity securities are the subject of a takeover bid, which (1) in the case of a domestic corporation or joint-stock association has either its principal office in this state or significant assets in this state, or (2) in the case of a foreign corporation or joint-stock association has both its principal office in this state and significant assets in this state.
(j) 'Joint-stock association' means any association of the kind com monly known as joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial or beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a corporation, partnership, or nonprofit organization. A joint-stock association as herein defined may be one formed under the laws of this state, in cluding a trust created pursuant to the provisions of Chapter 6 of Code Title 108, or one formed under or pursuant to the laws of any other state or jurisdiction. The term 'shareholder' as used in this chapter in cludes every member of such joint-stock association or holder of a share of stock or other evidence of financial or beneficial interest therein."
Section 2. Said Code chapter is further amended by striking subsec tions (b) and (e) of Code Section 22-1902 in their entirety and inserting in lieu thereof new subsections (b) and je) to read as follows:
"(b) In the case of an offerer which is a corporation, the registra tion statement shall be executed by the offerer in the manner provid ed in subsection (c) of Code Section 22-104, and in the case of all other offerers, as prescribed by the commissioner. The registration state ment shall be filed with the commissioner on forms prescribed by the commissioner. The registration statement shall be accompanied by a consent to service of process properly executed by each person who may be deemed an offerer in the form specified in Code Section 22-1908 and by the filing fee specified in subsection (a) of Code Sec tion 22-1909. The registration statement shall contain the following in formation and such additional information as the commissioner by rule or order shall prescribe:
(1) The identity, business or occupation, background, and address of the principal place of business of each person who may be deemed an offerer as defined in subsection (c) of Code Section 22-1901;
(2) The amount of equity securities of the offeree company beneficially owned by each offerer and its officers and directors and by each associate of such offerer and of its officers and directors, the amount of equity securities acquired during the last 12 months by each such person and the consideration paid therefor, and the amount

MONDAY, FEBRUARY 22, 1982

1133

of equity securities of the offeree company which each such person has a right to acquire directly or indirectly, together with the name and address of the principal place of business of each such person;
(3) The source and amount of funds or other consideration used or to be used in acquiring any equity securities of the offeree company and, if any part of such funds or other consideration is or will be bor rowed or obtained from any other person, a description of the transac tion and the names of the parties thereto, except that where a source of funds is a loan made in the ordinary course of business by a bank, if the person filing such statement so requests, the name of the bank shall not be made available to the public;
(4) A statement of any plans, intentions, or proposals which the of feror has to liquidate the offeree company, relocate any operations of the offeree company, sell any of its assets, effect its merger or con solidation, or make any other material changes in its business, cor porate or legal structure, management, or personnel;
(5) All material information as to any contracts, arrangements, or understandings, either existing or proposed, which the offeror has with any person with respect to the takeover bid or with respect to any equity securities of the offeree company, including any employ ment or management contracts with existing management or any employment or management contracts proposed between the offeror and the existing management of the offeree company, transfers of any equity securities, joint ventures, loan or option agreements, puts and calls, guarantees of loans, guarantees against loss, guarantees of prof its, division of losses or profits, or the giving or withholding of prox ies, naming the person or persons in each instance with whom such contracts, arrangements, or understandings have been or are propos ed to be entered into;
(6) (A) All material information concerning the organization and operations of any offeror which is a corporation, partnership, jointstock association or other business trust or association, including the year, form, and jurisdiction of its organization, a description of the business done by each such offeror and any material changes therein during the past three years, a description of each class of such of ferer's capital stock or other evidences of financial or beneficial in terest therein and of its long-term debt, a description of the location and character of the principal properties of the offeror and its sub sidiaries, a description of any pending legal or administrative pro ceeding to which the offeror or any of its officers, directors, trustees, or other governing officials or associates is a party and which is material to an offeree's consideration of the offer, the names of all directors, trustees, executive officers, and other governing officials of the offeror and their material business activities and affiliations dur ing the past three years.
(B) Copies of its consolidated balance sheet as of the end of its most recent fiscal year and, if the date of filing the registration state ment is more than 90 days after the end of its most recent fiscal year, a consolidated balance sheet as of a date not more than 90 days prior to the date the registration statement is filed, statements of income and

1134

JOURNAL OF THE SENATE

source and application of funds for each of the three full fiscal years preceding the date the registration statement is filed and for the in terim period, if any, between the end of the most recent fiscal year and the date of the most recent balance sheet being filed, together with statements of income and source and application of funds for the comparable interim period in the prior year. All such statements shall have been prepared in accordance with generally accepted accounting principles consistently applied. All statements covering fiscal years shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office and all interim statements shall be cer tified by the chief accounting or financial officer of the offerer.
(7) All material information concerning the identity and background of any offerer, other than an offerer referred to in paragraph (6) above, including the material business activities and af filiations of each such offerer during the past three years, a balance sheet of the offerer as of a date within 90 days of the filing of the registration statement certified by the offerer or an independent public accountant, and a description of any pending legal or ad ministrative proceedings to which the offerer or any of such offerer's associates is a party and which is material to an offeree's considera tion of the offer.
(e) A registration statement filed under this chapter shall become effective at 3:00 P.M. ten full business days after the date of filing the registration statement with the commissioner unless delayed by order of the commissioner, or unless prior thereto the commissioner calls a hearing with respect to the takeover bid that is the subject of such registration statement. The commissioner shall call a hearing if so re quested by the offeree company, acting through its board of directors, board of trustees, or other governing body, by a written request filed with him not later than 4:00 P.M. on the seventh full business day following the date of filing of the registration statement. If a hearing is called, the registration statement shall not become effective until it is declared effective by order of the commissioner. Notwithstanding the foregoing, if, at any time prior to the date upon which any registration statement under this chapter would otherwise become effective under this section, any other offerer shall file a registration statement under this chapter with respect to a takeover bid for any class of equi ty securities of the same offeree company, the effective date of any prior registration statement shall be postponed until such prior registration statement is declared effective by order of the commis sioner or until the earlier of (1) the effective date of the subsequent statement, (2) the date of withdrawal of the subsequent statement, or (3) the date of denial of effectiveness of the subsequent statement."
Section 3. Said Code chapter is further amended by striking subsec tion (a) of Code Section 22-1905 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be unlawful for any offerer or offeree company, or an officer, director, trustee, other governing official or associate of an of feree or offeree company, or any broker-dealer acting on behalf of any offerer or offeree company to engage in any fraudulent, deceptive, or manipulative acts or practices in connection with a takeover bid."

MONDAY, FEBRUARY 22, 1982

1135

Section 4. Said Code chapter is further amended by striking Code Section 22-1914 in its entirety and inserting in lieu thereof a new Code Section 22-1914 to read as follows:
"22-1914. Reciprocity. Regardless of whether an offer or acquisi tion is subject to the provisions of this chapter, the commissioner shall have the authority to apply for appropriate relief to any superior court of competent jurisdiction to enjoin the offer to acquire, pursuant to a tender offer or invitation for tenders, or the acquisition of any equity securities of a corporation, joint-stock association, or other issuer of securities, if such offer or acquisition is the subject of any temporary or permanent administrative or judicial order restraining or enjoining such offer or acquisition under any act or law of any other state which is substantially similar to this chapter."
Section 5. Said Code chapter is further amended by striking subsec tion jb) of Code Section 22-1915 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) This chapter shall not apply (1) to any offeree company hav ing fewer than 100 holders of record of its equity securities, or (2) to any offer or acquisition which requires a prior approval by vote of the holders of at least the majority of the outstanding equity securities of the offeree company pursuant to its charter, articles of incorporation, declaration of trust, or other organizational instrument, or pursuant to the applicable corporation or other governing statute."
Part 2
Section 6. Chapter 6 of Title 14 of the Official Code of Georgia An notated, relating to corporate takeovers, is amended by striking in their entirety paragraphs (4), (6), (8), and (9) of Code Section 14-6-1 and insert ing new paragraphs (4), (4.5), (6), (8), and (9) of Code Section 14-6-1 to read as follows:
"(4) 'Equity security' means any of the units into which the pro prietary, financial, or beneficial interests in a domestic or foreign cor poration or joint-stock association are divided, or any security conver tible into any such unit, or any warrant or right to subscribe for or purchase any such unit."
"(4.5) 'Joint-stock association' means any association of the kind commonly known as joint-stock association or joint-stock company and any unincorporated associations, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial or beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a cor poration, partnership, or nonprofit organization. A joint-stock associa tion as herein defined may be one formed under the laws of this state, including a trust created pursuant to the provisions of Part 2 of Article 2 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction. The term 'shareholder' as used in this chapter includes every member of such joint-stock association or holder of a share of stock or other evidence of financial or beneficial interest therein."

1136

JOURNAL OF THE SENATE

"(6) 'Offeree company' means a corporation or joint-stock associa tion having 100 or more holders of record of its equity securities and whose equity securities are the subject of a takeover bid, which (A) in the case of a domestic corporation or joint-stock association has either its principal office in this state or significant assets in this state, or (B) in the case of a foreign corporation or joint-stock association has both its principal office in this state and significant assets in this state."
"(8) 'Person' means any individual, corporation, partnership, limited partnership, syndicate, joint-stock association, or other jointstock company, unincorporated organization, trust, estate, or associa tion.
(9) (A) 'Takeover bid' means:
(i) The offer to acquire or the acquisition of any equity security of an offeree company by means of a tender offer or request or invitation for tenders, if after the acquisition thereof the offerer, together with its associates, would be directly or indirectly a beneficial owner of more than 10 percent of any class of the outstanding equity securities of the offeree company; or
(ii) The offer to acquire or the acquisition of any equity security of an offeree company by any means other than a tender offer or request or invitation for tenders as contemplated by division (i) above, if prior to such offer or acquisition the offerer, together with its associates, is directly or indirectly the beneficial owner of more than 10 percent of any class of equity security of the offeree company and such acquisi tion, together with all other acquisitions by such offerer and its associates within the 12 month period immediately preceding the date of such offer or acquisition, would constitute more than 2 percent of any class of equity security of the offeree company.
(B) With respect to conduct of the type specified in divisions (i) and (ii) of subparagraph (A) of this paragraph, a takeover bid shall not include, for the purposes of this chapter, an offer to acquire, or the ac quisition of, any equity security of an offeree company pursuant to:
(i) An offer or offers made to not more than 15 offerees during any period of 12 consecutive months;
(ii) An offer made on substantially equal terms to all shareholders of the class of equity securities of the offeree company to which the offer relates and as to which the offeree company, acting through its board of directors, board of trustees, or other governing body, has, prior to the time that such offer is first made, recommended accep tance to such shareholders, if the terms thereof, including any in ducements to officers, directors, trustees, or other governing officials of the offeree company and any of their associates that are not available to all shareholders, have been disclosed to all shareholders;
(iii) An offer by a corporation or joint-stock association to acquire its own equity securities or the equity securities of its subsidiary cor poration as defined in paragraph (16) of Code Section 14-2-2; or

MONDAY, FEBRUARY 22, 1982

1137

(iv) An offer to exchange the securities of an issuer for equity securities of an offeree company where the securities proposed to be issued are registered pursuant to the federal Securities Act of 1933, as amended, or the 'Georgia Securities Act of 1973,' Chapter 5 of Title 10, in connection with such offer.
(v) (I) An offer by a person to exchange securities for, seek to ac quire, or acquire in the open market or otherwise, any voting securities of a domestic insurer or of a person controlling a domestic insurer if such person making the offer is subject to the requirements of Code Section 33-13-3, relating to acquisitions of or mergers with domestic insurers; or
(II) An offer by a person to merge with a domestic insurer or with a person controlling a domestic insurer, if such person making the of fer is subject to the requirements of Code Section 33-13-3 of the Georgia Insurance Code relating to acquisitions of or mergers with domestic insurers.
(C) With respect solely to conduct of the type specified in division (A) jii) of paragraph (8) of this Code section, a takeover bid shall not in clude, for the purposes of this chapter, an offer to acquire, or the ac quisition of, any equity security of an offeree company pursuant to an offer made by:
(i) A person who is an officer, director, trustee, or other governing official of the offeree company or who, together with his associates, is directly or indirectly the beneficial owner of more than 50 percent of the outstanding equity securities of the offeree company; or
(ii) Any relative or spouse of such person, or any relative of such spouse, who has the same home as such person."
Section 7. Said chapter is further amended by striking subsections (b) and (e) of Code Section 14-6-2 and inserting new paragraphs (b) and (e) of Code Section 14-6-2 to read as follows:
"(b) In the case of an offerer which is a corporation, the registra tion statement shall be executed by the offerer in the manner provid ed in subsection (c) of Code Section 14-2-4, and in the case of all other offerers, as prescribed by the commissioner. The registration state ment shall be filed with the commissioner on forms prescribed by the commissioner. The registration statement shall be accompanied by a consent to service of process properly executed by each person who may be deemed an offerer in the form specified in Code Section 14-6-8 and by the filing fee specified in subsection (a) of Code Section 14-6-9. The registration statement shall contain the following information and such additional information as the commissioner by rule or order shall prescribe:
(1) The identity, business or occupation, background, and address of the principal place of business of each person who may be deemed an offerer as defined in this chapter;

1138

JOURNAL OF THE SENATE

(2) The amount of equity securities of the offeree company beneficially owned by each offerer and its officers and directors and by each associate of such offerer and of its officers and directors, the amount of equity securities acquired during the last 12 months by each such person and the consideration paid therefor, and the amount of equity securities of the offeree company which each such person has a right to acquire directly or indirectly, together with the name and address of the principal place of business of each such person;
(3) The source and amount of funds or other consideration used or to be used in acquiring any equity securities of the offeree company and, if any part of such funds or other consideration is or will be bor rowed or obtained from any other person, a description of the transac tion and the names of the parties thereto, except that where a source of funds is a loan made in the ordinary course of business by a bank, if the person filing such statement so requests, the name of the bank shall not be made available to the public;
(4) A statement of any plans, intentions, or proposals which the offeror has to liquidate the offeree company, relocate any operations of the offeree company, sell any of its assets, effect its merger or con solidation, or make any other material changes in its business, cor porate or legal structure, management, or personnel;
(5) All material information as to any contracts, arrangements, or understandings, either existing or proposed, which the offerer has with any person with respect to the takeover bid or with respect to any equity securities of the offeree company, including any employ ment or management contracts with existing management or any employment or management contracts proposed between the offerer and the existing management of the offeree company, transfers of any equity securities, joint ventures, loan or option agreements, puts~and calls, guarantees of loans, guarantees against loss, guarantees of prof its, division of losses or profits, or the giving or withholding of prox ies, naming the person or persons in each instance with whom such contracts, arrangements, or understandings have been or are propos ed to be entered into;
(6) (A) All material information concerning the organization and operations of any offerer which is a corporation, partnership, jointstock association or other business trust or association, including the year, form, and jurisdiction of its organization, a description of the business done by each such offerer and any material changes therein during the past three years, a description of each class of such of ferer's capital stock or other evidences of financial or beneficial in terest therein and of its long-term debt, a description of the location and character of the principal properties of the offerer and its sub sidiaries, a description of any pending legal or administrative pro ceeding to which the offerer or any of its officers, directors, trustees, or other governing officials or associates is a party and which is material to an offeree's consideration of the offer, the names of all directors, trustees, executive officers, and other governing officials of the offerer and their material business activities and affiliations dur ing the past three years.

MONDAY, FEBRUARY 22, 1982

1139

(B) Copies of its consolidated balance sheet as of the end of its most recent fiscal year and, if the date of filing the registration state ment is more than 90 days after the end of its most recent fiscal year, a consolidated balance sheet as of a date not more than 90 days prior to the date the registration statement is filed, statements of income and source and application of funds for each of the three full fiscal years preceding the date the registration statement is filed and for the in terim period, if any, between the end of the most recent fiscal year and the date of the most recent balance sheet being filed, together with statements of income and source and application of funds for the comparable interim period in the prior year. All such statements shall have been prepared in accordance with generally accepted accounting principles consistently applied. All statements covering fiscal years shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office and all interim statements shall be cer tified by the chief accounting or financial officer of the offerer; and
(7) All material information concerning the identity and background of any offerer, other than an offerer referred to in paragraph (6) above, including the material business activities and af filiations of each such offerer during the past three years, a balance sheet of the offerer as of a date within 90 days of the filing of the registration statement certified by the offerer or an independent public accountant, and a description of any pending legal or ad ministrative proceedings to which the offerer or any of such offerer's associates is a party and which is material to an offeree's considera tion of the offer."
"(e) A registration statement filed under this chapter shall become effective at 3:00 P.M. ten full business days after the date of filing the registration statement with the commissioner unless delayed by order of the commissioner, or unless prior thereto the commissioner calls a hearing with respect to the takeover bid that is the subject of such registration statement. The commissioner shall call a hearing if so re quested by the offeree company, acting through its board of directors, board of trustees, or other governing body, by a written request filed with him not later than 4:00 P.M. on the seventh full business day following the date of filing of the registration statement. If a hearing is called, the registration statement shall not become effective until it is declared effective by order of the commissioner. Notwithstanding the foregoing, if, at any time prior to the date upon which any registration statement under this chapter would otherwise become effective under this section, any other offerer shall file a registration statement under this chapter with respect to a takeover bid for any class of equi ty securities of the same offeree company, the effective date of any prior registration statement shall be postponed until such prior registration statement is declared effective by order of the commis sioner or until the earlier of (1) the effective date of the subsequent statement, (2] the date of withdrawal of the subsequent statement, or (3) the date of denial of effectiveness of the subsequent statement.''
Section 8. Said Code chapter is further amended by striking subsec tion (a| of Code Section 14-6-5 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

1140

JOURNAL OF THE SENATE

"(a) It shall be unlawful for any offerer or offeree company, or an officer, director, trustee, other governing official or associate of an of ferer or offeree company, or any broker-dealer acting on behalf of any offerer or offeree company to engage in any fraudulent, deceptive, or manipulative acts or practices in connection with a takeover bid."
Section 9. Said Code chapter is further amended by striking Code Section 14-6-14 in its entirety and inserting in lieu thereof a new Code Section 14-6-14 to read as follows:
"14-6-14. Regardless of whether an offer or acquisition is subject to the provisions of this chapter, the commissioner shall have the authority to apply for appropriate relief to any superior court of com petent jurisdiction to enjoin the offer to acquire, pursuant to a tender offer or invitation for tenders, or the acquisition of any equity securities of a corporation, joint-stock association, or other issuer of securities, if such offer or acquisition is the subject of any temporary or permanent administrative or judicial order restraining or enjoining such offer or acquisition under any act or law of any other state which is substantially similar to this chapter."
Section 10. Said Code chapter is further amended by striking subsection (b) of Code Section 14-6-15 in its entirety and inserting in lieu thereof a new subsection jb) to read as follows:
"(b) This chapter shall not apply (1) to any offeree company hav ing fewer than 100 holders of record of its equity securities, or (2) to any offer or acquisition which requires a prior approval by vote of the holders of at least the majority of the outstanding equity securities of the offeree company pursuant to its charter, articles of incorporation, declaration of trust, or other organizational instrument, or pursuant to the applicable corporation or other governing statute."
Parts
Section 11. (a| Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c| Part 2 of this Act shall become effective on November 1, 1982.
Section 12. All laws and parts of laws in conflict with this Act are 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.

MONDAY, FEBRUARY 22, 1982

1141

On 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
Fincher of 52nd Fincher of 54th Foster Garner 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

Voting in the negative was Senator Ballard. Not voting were Senators Brantley and Gillis (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.
Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.
The following general bill of the House, having been read the third time on February 18 and postponed until February 22, was put upon its passage:
HB 455. By Representative Snow of the 1 st: 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. Senate Sponsor: Senator Wessels of the 2nd.

1142

JOURNAL OF THE SENATE

The Senate Committee on Special Judiciary offered the following substitute to HB455:

A BILL
To be entitled an Act to amend Code Section 22-1201, relating to the right of shareholders to dissent from certain corporate actions, as amend ed, so as to provide a right of dissent from any amendment of the articles of incorporation which would adversely affect such shareholder by im posing, altering, or abolishing any restriction on the transfer of any of his shares; to provide for construction; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 22-1201, relating to the right of shareholders to dissent from certain corporate actions, as amended, is hereby amend ed by striking the period at the end of Code Section 22-1201(a)(4)(G) and inserting in lieu thereof "; or" and by adding a new Code Section 221201(a)(4)(H) to read as follows:
"(H) Imposing, altering, or abolishing any restriction on the transfer of any of his shares."
Section 2. Nothing contained herein shall be construed as affecting the continuing existence, effectiveness, or applicability of subsection (d) of Code Section 22-1201.
Part 2
Section 3. Code Section 14-2-250 of the Official Code of Georgia An notated, relating to corporate actions from which shareholders may dis sent, is amended by striking subparagraphs (F) and (G) of paragraph (4) of subsection (a) and inserting in place thereof new paragraphs to read as follows:
"(F) Reducing the stated dividend preference of any of his prefer red shares; or
(G) Reducing any stated preferential amount payable on any of his preferred shares upon voluntary or involuntary liquidation; or
(H) Imposing, altering, or abolishing any restriction on the transfer of any of his shares.''
Part3
Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

MONDAY, FEBRUARY 22, 1982

1143

(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 5. All laws and parts of laws in conflict with this Act are 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 Barker Barnes Bell Bond 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 Hudgins Kennedy Kidd Land 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:

Brantley Holloway (presiding)

Hudson

Timmons

On the passage of the bill, the yeas were 51, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

1144

JOURNAL OF THE SENATE

The following general bill of the house, having been reconsidered previously today, was put upon its passage:

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".
Senate Sponsor: Senator Littlefield of the 6th.

Senator Hudgins of the 15th moved that HB 610 be postponed until February 23.

On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 610 was postponed until February 23.

The following general bill of the House, having been passed on February 19 and reconsidered previously today, was put upon its passage:

HB 307. By Representatives Richardson of the 52nd, Steinberg of the 46th, Galer of the 97th and Couch of the 43rd:
A bill to amend Code Chapter 79-4, relating to domicile, so as to provide for the domicile of married persons.
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:

Barker Barnes Bell Bond Bryant Cobb Coleman Coverdell Deal Dean

Engram Evans Fincher of 52nd Foster Garner Gillis Greene Hill Horton Howard

Hudgins Hudson Kennedy Kidd Land Littlefield McKenzie Robinson Scott Starr

MONDAY, FEBRUARY 22, 1982

1145

Stephens Stumbaugh Sutton Tate

Timmons Trulock Turner

Tysinger Walker Wessels

Those voting in the negative were Senators:

Allgood Ballard Brannon Brown of 47th

Eldridge English Fincher of 54th Lester

Those not voting were Senators:

Bowen Brantley

Broun of 46th

McGill Reynolds Summers Thompson
Holloway (presiding)

On the passage of the bill, the yeas were 40, nays 12.
The bill, having received the requisite constitutional majority, was passed.
The following general bill of the Senate, having been passed on February 19 and reconsidered previously today, was put upon its passage:
SB 593. By Senator Scott of the 43rd: A bill to amend Code Section 56-2419, relating to construction of in surance policies, so as to provide that no other laws shall be construed to abrogate any insurer's rights or duties under policies of insurance which have been approved by the Insurance Commissioner of the State of Georgia; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates.
The substitute to SB 593 offered by the Senate Committee on Banking, Finance and Insurance, adopted on February 19, was as follows:
A BILL
To be entitled an Act to amend Code Chapter 56-4, relating to kinds of insurance, reinsurance, and limits of risk, as amended, so as to pro vide that no motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains certain provisions; to provide that noncompliance by the insured with such policy provisions shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of certain obligations; to amend Code Chapter 68C-6, relating

1146

JOURNAL OF THE SENATE

to other provisions pertaining to financial responsibility, so as to provide that no compulsory motor vehicle liability insurance policy or assigned risk motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains certain provisions; to provide that noncompliance by the insured with such policy provisions shall constitute a breach of the in surance contract which, if prejudicial to the insurer, shall relieve the in surer of certain obligations; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 56-4, relating to kinds of insurance, rein surance, and limits of risk, as amended, is amended by adding a new Code Section 56-414 at the end thereof to read as follows:
"56-414. (a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy.
(b) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds."
Section 2. Code Chapter 68C-6, relating to other provisions pertain ing to financial responsibility, is amended by adding a new Code Section 68C-608 at the end thereof to read as follows:
"68C-608. (a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy.
(b) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds."

MONDAY, FEBRUARY 22, 1982

1147

Part 2
Section 3. Chapter 7 of Title 33 of the Official Code of Georgia An notated, relating to kinds of insurance, limits of risk, and reinsurance, is amended by adding a new Code Section 33-7-15 at the end thereof to read as follows:
"33-7-15. (a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy.
(b) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay anyjudgment or other sum on behalf of its insureds."
Section 4. Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance, is amended by adding a new Code Section 40-9-103 at the end thereof to read as follows:
"40-9-103. (a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy.
(b) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay anyjudgment or other sum on behalf of its insureds."
Parts
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
jc) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

1148

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brannon Bryant Cobb Coleman Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Hudgins Kennedy Kidd Lester McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard Coverdell Evans

Greene Howard Hudson

Land Littlefield Trulock

Those not voting were Senators:

Brantley Broun of 46th Brown of 47th

Holloway (presiding) Sutton

Tate Thompson

On the passage of the bill, the yeas were 40, nays 9.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President resumed the Chair.

The following general bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

MONDAY, FEBRUARY 22, 1982

1149

HB 686. By Representative Wood of the 9th:
A bill to amend Code Section 88-1805, relating to functions and powers of hospital authorities, so as to authorize such authorities to receive or provide certain management, consulting and operating services.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Human Resources offered the following substitute to HB686:

A BILL
To be entitled an Act to amend Code Chapter 88-18, also known as the "Hospital Authorities law," approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, so as to authorize authorities created under said Act to extend credit or make loans to others for the planning, design, con struction, acquisition or carrying out of any project; to provide for the securing of said credit or loans; to provide that authorities may rquire the inclusion in any contract, loan agreement, security agreement or other instrument, such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as such authorities may deem necessary or desirable; to permit authorities to acquire, ac cept, or retain equitable interests, security interests or other interests in any property, real or personal, in order to secure the repayment of any moneys loaned or credit extended by authorities; to make editorial cor rections; to authorize such authorities to receive or provide certain management, consulting, and operating services and to contract regard ing these services; to provide for dissolution of authorities and disposi tion of property in certain cases; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 88-18, also known as the "Hospital Authorities Law," approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, is amended by striking subsections (h) through (u) of Code Sec tion 88-1805 in their entirety and inserting in lieu thereof new subsec tions (h) through (x) to read as follows:
"(h) To extend credit or make loans to others for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans may be secured by such loan agreements, mort gages, security agreements, contracts, or other instruments or fees or charges, for a term not to exceed 40 years, and upon such terms and conditions as the Authority shall determine reasonable in connection with such loans, including provisions for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this Code Section in connection with a project, to require the inclusion in any contract, loan agreement, security agree-

1150

JOURNAL OF THE SENATE

ment, or other instrument such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the Authority may deem necessary or desirable.
(i) To acquire, accept, or retain equitable interests, security in terests, or other interests in any property, real or personal, by mort gage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the Authority.
(j) To establish rates and charges for the services and use of the facilities of the Authority.
jk) To accept gifts, grants, or devises of any property.
(1) To acquire by the exercise of the right of eminent domain any property essential to the purposes of the Authority.
(m) To sell or lease within 20 years after the completion of con struction of properties or facilities operated by the hospital Authority where grants of financial assistance have been received from Federal or State Governments, after such action has first been approved by the department in writing.
(n) To exchange, transfer, assign, pledge, mortgage or dispose of any real or personal property or interest therein.
(o) To mortgage, pledge or assign any revenue, income, tolls, charges or fees received by the Authority.
jp) To issue revenue anticipation certificates or other evidences of indebtedness for the purpose of providing funds to carry out the duties of the Authority; provided that the maturity of any such in debtedness shall not extend for more than 40 years.
(q) To borrow money for any corporate purpose.
(r) To appoint officers, agents and employees.
(s) To make use of any facilities afforded by the Federal govern ment, or any agency or instrumentality thereof.
(t) To receive, from the governing body of political subdivisions is suing the same, proceeds from the sale of general obligation bonds or other county obligations issued for hospital Authority purposes.
ju) To exercise any or all power now or hereafter possessed by private corporations performing similar functions.
(v) To make plans for unmet needs of their respective com munities.

MONDAY, FEBRUARY 22, 1982

1151

(w) To contract for the management and operation of the project by a professional hospital or medical facilities consultant or manage ment firm. Each such contract shall require the consultant or firm contracted with to post a suitable and sufficient bond.
(x) To provide management, consulting, and operating services (including, but not limited to, administrative, operational, personnel, and maintenance services) to another hospital authority, hospital, health care facility as said term is defined in Code Chapter 88-33, per son, firm, corporation or any other entity or any group or groups of the foregoing; to enter into contracts alone or in conjunction with others to provide such services without regard to the location of the parties to such transactions; to receive management, consulting, and operating services (including, but not limited to, administrative, operational, personnel, and maintenance services) from another such hospital authority, hospital, health care facility, person, firm, corpora tion or any other entity or any group or groups of the foregoing; and to enter into contracts alone or in conjunction with others to receive such services without regard to the location of the parties to such transactions."
Section 2. Said Code chapter is further amended by adding a new Code Section 88-1817.1 to read as follows:
"88-1817.1. Alternative procedures for dissolution and disposi tion, (a) This Code section shall apply only in the case of an authority whose only substantial physical facilities are owned by one or more local governments and leased to the authority between March 1, 1961, and April 1, 1961.
(b) In such a case the local governments may at any time negotiate and consummate the sale of the physical facilities to any public or private entity.
(c) Upon the consummation of any such sale which embraces substantially all of the physical facilities of the authority, the lease agreement for the facilities shall by operation of law be terminated and the authority shall by operation of law be dissolved. All remain ing assets and liabilities of the authority shall by operation of law devolve upon the local government which activated the authority or the participating subdivisions. The board of the authority may con tinue to function for a period of not more than six months after the sale for the sole purpose of terminating its affairs and facilitating the orderly transfer of the remaining assets of the authority to the ac tivating local government or participating subdivisions."
Part 2
Section 3. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated is amended by striking paragraphs (8) through (21| of Code Section 31-7-75 in their entirety and inserting in lieu thereof new paragraphs (8) through (24) to read as follows:

1152

JOURNAL OF THE SENATE

"(8) To extend credit or make loans to others for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans may be secured by such loan agreements, mort gages, security agreements, contracts, or other instruments or fees or charges, for a term not to exceed 40 years, and upon such terms and conditions as the authority shall determine reasonable in connection with such loans, including provisions for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this Code section in connection with a project, to require the inclusion in any contract, loan agreement, security agree ment, or other instrument such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the authority may deem necessary or desirable;
(9) To acquire, accept, or retain equitable interests, security in terests, or other interests in any property, real or personal, by mort gage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority;
(10) To establish rates and charges for the services and use of the facilities of the authority;
(11) To accept gifts, grants, or devises of any property;
(12) To acquire by the exercise of the right of eminent domain any property essential to the purposes of the authority;
(13) To sell or lease within 20 years after the completion of con struction of properties or facilities operated by the hospital authority where grants of financial assistance have been received from federal or state governments, after such action has first been approved by the department in writing;
(14) To exchange, transfer, assign, pledge, mortgage, or dispose of any real or personal property or interest therein;
(15) To mortgage, pledge, or assign any revenue, income, tolls, charges, or fees received by the authority;
(16) To issue revenue anticipation certificates or other evidences of indebtedness for the purpose of providing funds to carry out the duties of the authority; provided, however, that the maturity of a-ny such indebtedness shall not extend for more than 40 years;
(17) To borrow money for any corporate purpose;
(18) To appoint officers, agents, and employees;
(19) To make use of any facilities afforded by the federal govern ment or any agency or instrumentality thereof;
(20) To receive, from the governing body of political subdivisions issuing the same, proceeds from the sale of general obligation bonds or other county obligations issued for hospital authority purposes;

MONDAY, FEBRUARY 22, 1982

1153

(21) To exercise any or all powers now or hereafter possessed by private corporations performing similar functions;
(22) To make plans for unmet needs of their respective com munities;
(23) To contract for the management and operation of the project by a professional hospital or medical facilities consultant or manage ment firm. Each such contract shall require the consultant or firm contracted with to post a suitable and sufficient bond; and
(24) To provide management, consulting, and operating services including, but not limited to, administrative, operational, personnel, and maintenance services to another hospital authority, hospital, health care facility as said term is defined in Chapter 6 of Title 31, per son, firm, corporation, or any other entity or any group or groups of the foregoing; to enter into contracts alone or in conjunction with others to provide such services without regard to the location of the parties to such transactions; to receive management, consulting, and operating services including, but not limited to, administrative, opera tional, personnel, and maintenance services from another such hospital authority, hospital, health care facility, person, firm, corpora tion, or any other entity or any group or groups of the foregoing; and to enter into contracts alone or in conjunction with others to receive such services without regard to the location of the parties to such transactions."
Section 4. Said article is further amended by adding a new Code Sec tion 31-7-89.1 to read as follows:
"31-7-89.1. (a) This Code section shall apply only in the case of an authority whose only substantial physical facilities are owned by one or more local goverments and leased to the authority between March 1, 1961, and April 1, 1961.
(b) In such a case the local governments may at any time negotiate and consummate the sale of the physical facilities to any public or private entity.
(c) Upon the consummation of any such sale which embraces substantially all of the physical facilities of the authority, the lease agreement for the facilities shall by operation of law be terminated and the authority shall by operation of law be dissolved. All remain ing assets and liabilities of the authority shall by operation of law devolve upon the local government which activated the authority or the participating subdivisions. The board of the authority may con tinue to function for a period of not more than six months after the sale for the sole purpose of terminating its affairs and facilitating the orderly transfer of the remaining assets of the authority to the ac tivating local government or participating subdivisions."

1154

JOURNAL OF THE SENATE

Part3
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall 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 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 invalid or un constitutional.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senators Littlefield of the 6th and Bryant of the 3rd offered the following amendment:

Amend the substitute to HB 686 offered by the Senate Committee on Human Resources by striking lines 1, 2, and 3 on Page 5 and lines 27, 28, and 29 on Page 8 in their entirety and inserting in lieu thereof in both of said places the following:

"(b) In such a case the local governments, in the event such ac tion is approved in a referendum, may at any time negotiate and con summate the sale of the physical facilities to any public or private en tity. Such referendum shall not be held until after a resolution is adopted by each local governing authority involved authorizing the election superintendent of the county involved to hold such referen dum. In that event, it shall be the duty of the election superintendent not less that 20 nor more than 30 days after he receives notice of the adoption of such resolution or resolutions to issue the call for an elec tion for the purpose of submitting to the electors of the county the question of whether the local governing authority or authorities may negotiate and consummate such sale. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. He shall cause the date and purpose of the election to be published once a week for two weeks im mediately preceding the date thereof in the official organ of the coun ty. The ballot shall have written or printed thereon the words:

'[ ] YES [ ] NO

Shall the governing authority or authorities of (Fill in the name or names of the governing authority or authorities) be authorized to negotiate and consummate the sale of the physical facilities of the ________ Hospital Author ity?'

MONDAY, FEBRUARY 22, 1982

1155

Those persons desiring to vote for approval shall vote 'Yes,' and those persons desiring to vote for rejection shall vote 'No.' The voters of the entire county shall vote and if more than one-half of the votes cast on such question are for approval, the local governing authority or authorities shall be authorized to take the above action, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the governing authority or governing authorities equally. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State."

On the adoption of the amendment, the yeas were 36, 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 Barker Barnes Bell Bond Bowen 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 Kennedy Kidd Land Lester

Those voting in the negative were Senators:

Ballard Brown of 47th

Reynolds

McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Sutton

1156

JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Brantley

Holloway Hudson

Littlefield

On the passage of the bill, the yeas were 47, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsidertion of HB 686.
SB 663. By Senators Holloway of the 12th, Broun of the 46th, Allgood of the 22nd and others: A bill to amend an Act creating the Revenue Shortfall Reserve so as to provide that a percentage of net revenue collections shall be reserved from state surplus at the end of each fiscal year for the purpose of pro viding the Midyear Adjustment Reserve; to provide for matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Senator Holloway of the 12th moved that SB 663 be postponed until February 23.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 663 was postponed until February 23.
HB 616. By Representative Williams of the 6th: A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide that all group or blanket accident and sickness insurance policies or contracts may contain such benefits, coverages, and reimbursements as may be agreed upon between the group policyholder and its insurer. Senate Sponsor: Senator Holloway of the 12th.
Senator Holloway of the 12th moved that HB 616 be postponed until February 23.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 616 was postponed until February 23.

MONDAY, FEBRUARY 22, 1982

1157

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 583. By Senators Howard of the 42nd and Holloway of the 12th:
A bill to amend Code Section 84-1102, relating to appointment of a Board of Examiners in Optometry, as amended, so as to continue the Board of Examiners in Optometry and the laws relating thereto but to provide for the later termination of that Board and those laws; to amend the Official Code of Georgia Annotated accordingly.

The House amendment was as follows:

Amend SB 583 by striking on Page 3, lines 1 through 9, and by insert ing therefor the following:
"43-30-5. The Board shall have the authority and power to adopt, establish, enforce, and maintain rules and regulations applicable to the practice of optometry adequate to put this chapter into effect and to regulate the practice of optometry as a profession in conformity with and in compliance with accepted professional standards. Provid ed however, the board shall not provide by rule to restrict the location of the practice of a licensed doctor of optometry, and any such rule now in effect shall be null and void."

Senator Howard of the 42nd moved that the Senate agree to the House amend ment to SB 583.

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 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 Holloway Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

1158

JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Brantley

Hill Hudson

Reynolds

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 583.
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 4:00 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 23, 1982

1159

Senate Chamber, Atlanta, Georgia Tuesday, February 23,1982
Twenty-fourth Legislative Day

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 1481. ByRepresentativeColbertofthe23rd:
A bill to amend an Act establishing a new charter for the City of Roswell, so as to change the corporate limits of said city.

HB 1492. By Representative Greer of the 43rd:
A bill to amend an Act providing that in Fulton County, the judge of the probate court, sheriff, clerk of superior court, tax receiver, tax collector, and county treasurer may appoint a chief deputy, chief clerk, or chief assistant, so as to provide conditions upon which the chief clerk of the Probate Court of Fulton County may fill a vacancy.

HB 1505. By Representative Marcus of the 26th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said City, so as to change the provisions relating to the qualifications of the members of the Board of Education of the City of Atlanta.

1160

JOURNAL OF THE SENATE

HB 1506. By Representative Marcus of the 26th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said City so as to change the name of the Civil Service Board of the Atlanta School System to the Civil Service Commission and for review of Civil Service Commis sion decisions by the Atlanta Board of Education.

HB 1589. By Representative Greer of the 43rd:
A bill to provide for a minimum compensation of judges of the probate court in certain counties having a population of 550,000 or more accord ing to the United States decennial census of 1980 or any future such cen sus.

HB 1616. By Representatives Nix of the 20th, Darden and Wilson of the 19th and others:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia An notated, relating to the composition and terms of members of county boards of health, so as to provide an additional member of county boards of health in certain counties.

HB 1635. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to create the Mountville Water Authority and to authorize such authority to acquire, construct, operate, and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private and public concerns, and commercial and industrial establishments.

HB 1669. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend the charter of the City of Valdosta, so as to redefine the corporate limits of said city.

HB 1673. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia and the Recorder's Court of the City of Athens, Georgia, into one court, so as to provide that ap peals of civil cases from that court shall be to the State Court of Clarke County, Georgia.

HB 1674. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to provide for members of the board of the hospital authority of Clarke County; to provide for the appointment of members, their terms, and qualifications.

TUESDAY, FEBRUARY 23, 1982

1161

HB 1675. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act establishing a City Court in the County of Clarke (now known as the State Court of Clarke County, Georgia), so as to pro vide that the judge of that court shall not engage in the private practice of law; to provide for compensation of the judge; to provide for an assistant solicitor of the court, and the appointment, qualifications, powers, duties, and compensation thereof.

HB 1584. By Representative Evans of the 84th:
A bill to amend an Act known as the "Georgia Administrative Procedure Act," so as to provide that hearings may be conducted by telephonic communications with the consent of all parties; to amend the Official Code of Georgia Annotated accordingly.

HB 1533. By Representative Phillips of the 59th:
A bill to amend Code Section 41A-102, relating to definitions, so as to provide that the term "financial institution" shall include federal credit unions for the purpose of permitting Georgia state chartered credit unions to charge interest rates equal to interest rates charged by federal credit unions; to amend the Official Code of Georgia Annotated accord ingly.

HB 1210. By Representative Edwards of the 110th:
A bill to amend Code Section 79A-828, relating to forfeitures, so as to pro vide for the forfeiture of certain objects and materials; to amend the Of ficial Code of Georgia Annotated accordingly.

HB 1553. By Representatives Swann of the 90th, Russell of the 64th, Phillips of the 125th and others:
A bill to amend Code Chapter 88-19, relating to regulation of hospitals and related institutions, so as to include freestanding emergency care clinics and birthing centers within the meaning of the term "institution"; to clarify the department's authority to regulate ambulatory surgical treatment centers; to exclude the offices and treatment rooms of dentists and physicians from the term "institution"; to amend the Official Code of Georgia Annotated accordingly.

HB 1640. By Representative Hutchinson of the 133rd:
A bill to provide for a board of elections in each county of this state hav ing a population of not less than 11,675 nor more than 11,725 according to the United States decennial census of 1980 or any future such census; and for other purposes.

1162

JOURNAL OF THE SENATE

HB 1644. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act placing the sheriff of Laurens County upon an an nual salary, so as to change the compensation of the sheriff; and for other purposes.

HB 1646. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner; and for other purposes.

HB 1647. 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 for other purposes.

HB 1649. 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; and for other purposes.

HB 1650. 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; to change the compensation of the deputy clerk of the clerk of the superior court; and for other purposes.

HB 1651. 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 and solicitor of said court; and for other purposes.

HB 1653. By Representatives Anderson, Hasty and Harris of the 8th:
A bill to amend an Act creating the office of commissioner of Cherokee County, so as to change the compensation of the commissioner of said county; and for other purposes.

HB 1382. By Representative McDonald of the 12th:
A bill to amend an Act establishing the Georgia Fire Fighters Standards and Training Council, so as to change the provisions relating to qualifica tions for firefighters; to amend the Official Code of Georgia Annotated accordingly.

TUESDAY, FEBRUARY 23, 1982

1163

HB 1264. By Representatives McKinney of the 35th, Glover of the 32nd, Dean of the 29th and others:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for said city, so as to change the provisions relative to the President of the Council.

HB 1407. By Representatives Snow of the 1st, Darden of the 19th, Bray of the 70th and others:
A bill to amend an Act known as the ' 'Child Support Recovery Act," so as to redefine "earnings" so that unemployment compensation benefits are subject to interception for the purpose of enforcing support obligations; to amend the Official Code of Georgia Annotated accordingly.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 668. By Representatives Jones of the 126th, Phillips of the 125th and others:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Chatham Service Corporation, a Georgia corporation, its successors and assigns, an ir revocable easement over, under, across, and through certain property owned or claimed by the State of Georgia and located in Savannah, Chatham County, Georgia.

HR 542. By Representative Greer of the 43rd:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the repeal of the resolution.

The House has agreed to the Senate amendment to the following bills of the House:

HB 1200. By Representatives Richardson of the 52nd, Wood of the 9th, Hays of the 1st and others:
A bill to amend Code Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new Code Chapter 30, relating to reports on veterans exposed to Agent Orange.

HB 1161. By Representatives Isakson of the 20th, Adams of the 36th, Johnson of the 66th and others:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia An notated, relating to the Department of Community Affairs, so as to change the purposes, powers, and duties of said department; to change the membership and duties of a certain advisory committee; to provide for boundary changes of area planning and development commissions.

1164

JOURNAL OF THE SENATE

The House has agreed to the Senate substitute to the following bills of the House:

HB 127. By Representatives Watson of the 114th, Kilgore of the 65th and Walker of the 115th:
A bill to amend Code Section 56-4, relating to kinds of insurance, so as to provide for the time at which benefits for loss of use of a motor vehicle shall become payable to third parties pursuant to certain insurance policies.

HB 931. By Representatives Snow of the 1st and Darden of the 19th:
A bill to amend Code Section 50-127, relating to procedures for habeas corpus relief from court sentences, so as to change the provisions relating to waiver of rights and the effect of waiver on habeas corpus pro ceedings.

The House has adopted the report of the 2nd Committee of Conference on the following bill of the Senate:

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 House has passed by the requisite constitutional majority the following bills of the Senate:

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.

SB 469. By Senator Timmons of the 11th:
A bill to amend an Act reincorporating the City of Donalsonville so as to change the fine which can be imposed in the recorder's court.

SB 629. By Senator Timmons of the 11th:
A bill to amend an Act placing the Clerk of the Superior Court of Seminole County upon an annual salary, as amended, so as to change the authorized compensation of the clerk of the superior court; to provide how the compensation shall be determined; to provide for other matters relative to the foregoing; to provide for interim compensation.

TUESDAY, FEBRUARY 23, 1982

1165

SB 630. By Senator Timmons of the 11th:
A bill to amend an Act providing for the compensation of the Sheriff of Seminole County, as amended, so as to change the authorized compensa tion of the sheriff; to provide how the compensation shall be determined; to provide for other matters relative to the foregoing; to provide for in terim compensation.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 707. By Senators Garner of the 30th and Dean of the 31 st:
A bill to amend Code Title 95A, known as the Georgia Code of Public Transportation, as amended, so as to provide that a county can restrict vehicles from operating on a county road; to provide effective date. Referred to Committee on Transportation.

SB 708. By Senators Timmons of the 11th, Trulock of the 10th and Bowen of the 13th:
A bill to create a special lien against crops in favor of suppliers furnishing fertilizer or chemicals for the cultivation, growing, and preparation of such crops; to provide the manner of filing and perfecting such liens; to provide for practice and procedures with respect to such liens and their effect; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Agriculture.

SB 709. By Senator Starr of the 44th:
A bill to provide for the appointment of law enforcement officers of the United States or of any of the several states to assist law enforcement agencies of this state; to provide for the powers, duties, privileges, and immunities of such appointed law enforcement officers; to provide pro cedures in connection with such appointments; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Public Safety.

SB 710. By Senators English of the 21st, Gillis of the 20th, Walker of the 19th and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, The "Georgia Student Finance Authority Act," so as to provide for a program of grants to Georgia residents for at tendance at colleges of osteopathic medicine; to provide that such grants shall be in the form of loans cancellable by certain practice; to provide for governance of the program by the board of regents and administra tion of the program by the Georgia Student Finance Authority.
Referred to Committee on Higher Education.

1166

JOURNAL OF THE SENATE

SB 711. By Senators Lester of the 23rd and Gillis of the 20th:
A bill to amend Code Title 56, known as the "Georgia Insurance Code," as amended, so as to provide that the Commissioner may impose an ad ministrative fine upon an insurer for certain acts of officers, employees, agents, or representatives; to amend the Official Code of Georgia An notated accordingly; to provide for effective dates.
Referred to Committee on Banking, Finance and Insurance.

SB 712. By Senator Hudson of the 35th:
A bill to amend Code Section 47-102, relating to state senatorial districts, as amended, so as to change the composition of certain senatorial districts; to provide a definition; to provide for all related matters; to pro vide for the incorporation of the provisions of this Act into the Official Code of Georgia Annotated; to provide an effective date.
Referred to Committee on Reapportionment.

SR 309. By Senator Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to re quire the Board of Education of the Rabun County School District to im pose, levy, and collect a one percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Rabun County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year; to provide for the submission of this amend ment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

SR 310. By Senior Coverdell of the 40th:
A resolution to establish the third week of November annually as "Georgia Motor Vehicle Safety Week". Referred to Committee on Public Safety.

SR 313. By Senators Walker of the 19th, Gillis of the 20th, English of the 21st and others:
A resolution creating the Trapper Safety Course Study Committee. Referred to Committee on Natural Resources and Environmental Quality.

SR 315. By Senators Fincher of the 54th, Gillis of the 20th, Kidd of the 25th and others:
A resolution requiring the Board of Medical Assistance to review the needs of pharmacy providers and adopt such policies to ensure that these providers receive a pro rata share of supplemental funds appropriated to the Department of Medical Assistance.
Referred to Committee on Human Resources.

TUESDAY, FEBRUARY 23, 1982

1167

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1210. By Representative Edwards of the 110th:
A bill to amend Code Section 79A-828, relating to forfeitures, so as to pro vide for the forfeiture of certain objects and materials; to amend the Of ficial Code of Georgia Annotated accordingly. Referred to Committee on Judiciary.

HB 1382. By Representative McDonald of the 12th:
A bill to amend an Act establishing the Georgia Fire Fighters Standards and Training Council, so as to change the provisions relating to qualifica tions for firefighters; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Public Safety.

HB 1407. By Representatives Snow of the 1st, Darden of the 19th, Bray of the 70th and others:
A bill to amend an Act known as the "Child Support Recovery Act," so as to redefine "earnings" so that unemployment compensation benefits are subject to interception for the purpose of enforcing support obligations; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1533. By Representative Phillip of the 59th:
A bill to amend Code Section 41A-102, relating to definitions, so as to provide that the term "financial institution" shall include federal credit unions for the purpose of permitting Georgia state chartered credit unions to charge interest rates equal to interest rates charged by federal credit unions; to amend the Official Code of Georgia Annotated accord ingly.
Referred to Committee on Banking, Finance and Insurance.

HB 1553. By Representatives Swann of the 90th, Russell of the 64th, Phillips of the 125th and others:
A bill to amend Code Chapter 88-19, relating to regulation of hospitals and related institutions, so as to include freestanding emergency care clinics and birthing centers within the meaning of the term "institution"; to clarify the .department's authority to regulate ambulatory surgical treatment centers; to exclude the offices and treatment rooms of dentists and physicians from the term "institution"; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Human Resources.

1168

JOURNAL OF THE SENATE

HB 1584. By Representative Evans of the 84th:
A bill to amend an Act known as the "Georgia Administrative Procedure Act," so as to provide that hearings may be conducted by telephonic communications with the consent of all parties; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1264. By Representatives McKinney of the 35th, Glover of the 32nd, Dean of the 29th and Benn of the 38th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for said city, so as to change the provisions relative to the President of the Council.
Referred to Committee on County and Urban Affairs.

HB 1481. By Representative Colbert of the 23rd:
A bill to amend an Act establishing a new charter for the City of Roswell, so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 1492. By Representative Greer of the 43rd:
A bill to amend an Act providing that in Fulton County, the judge of the probate court, sheriff, clerk of superior court, tax receiver, tax collector, and county treasurer may appoint a chief deputy, chief clerk, or chief assistant, so as to provide conditions upon which the chief clerk of the Probate Court of Fulton County may fill a vacancy.
Referred to Committee on County and Urban Affairs.

HB 1505. By Representative Marcus of the 26th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said City, so as to change the provisions relating to the qualifications of the members of the Board of Education of the City of Atlanta.
Referred to Committee on County and Urban Affairs.

HB 1506. By Representative Marcus of the 26th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said City, so as to change the name of the Civil Service Board of the Atlanta School System to the Civil Service Commission and for review of Civil Service Commis sion decisions by the Atlanta Board of Education.
Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 23, 1982

1169

HB 1589. By Representative Greer of the 43rd:
A bill to provide for a minimum compensation of judges of the probate court in certain counties having a population of 550,000 or more accord ing to the United States decennial census of 1980 or any future such cen sus.
Referred to Committee on County and Urban Affairs.

HB 1616. By Representatives Nix of the 20th, Darden and Thomspon of the 19th and others:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia An notated, relating to the composition and terms of members of county boards of health, so as to provide an additional member of county boards of health in certain counties.
Referred to Committee on County and Urban Affairs.

HB 1635. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to create the Mountville Water Authority and to authorize such authority to acquire, construct, operate, and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private and public concerns, and commercial and industrial establishments.
Referred to Committee on County and Urban Affairs.

HB 1640. By Representative Hutchinson of the 133rd:
A bill to provide for a board of elections in each county of this state hav ing a population of not less than 11,675 nor more than 11,725 according to the United States decennial census of 1980 or any future such census. Referred to Committee on County and Urban Affairs.

HB 1644. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act placing the sheriff of Laurens County upon an an nual salary, so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 1646. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner.
Referred to Committee on County and Urban Affairs.

1170

JOURNAL OF THE SENATE

HB 1647. 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. Referred to Committee on County and Urban Affairs.

HB 1649. 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.

HB 1650. 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; to change the compensation of the deputy clerk of the clerk of the superior court.
Referred to Committee on County and Urban Affairs.

HB 1651. 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 and solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 1653. By Representatives Anderson, Hasty and Harris of the 8th:
A bill to amend an Act creating the office of commissioner of Cherokee County, so as to change the compensation of the commissioner of said county. Referred to Committee on County and Urban Affairs.

HB 1669. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend the charter of the City of Valdosta, so as to redefine the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 1673. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia and the Recorder's Court of the City of Athens, Georgia, into one court, so as to provide that ap peals of civil cases from that court shall be to the State Court of Clarke County, Georgia.
Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 23, 1982

1171

HB 1674. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to provide for members of the board of the hospital authority of Clarke County; to provide for the appointment of members, their terms, and qualifications.
Referred to Committee on County and Urban Affairs.

HB 1675. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act establishing a City Court in the County of Clarke (now known as the State Court of Clarke County, Georgia), so as to pro vide that the judge of that court shall not engage in the private practice of law; to provide for compensation of the judge; to provide for an assistant solicitor of the court, and the appointment, qualifications, powers, duties, and compensation thereof.
Referred to Committee on County and Urban Affairs.

HR 542. By Representative Greer of the 43rd:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the repeal of the resolution.
Referred to Committee on County and Urban Affairs--GEN.

HR 668. By Representatives Jones of the 126th, Triplett of the 128th and Phillips of the 125th:
A resolution authorizing the State Properties Commission to grant and convey to Chatham Service Corporation an irrevocable easement over and through property owned by the State of Georgia.
Referred to Committee on Public Utilities.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Banking, Finance and Insurance has had under considera tion 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:

SB 675. Do pass. HR 562. Do pass.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

1172 Mr. President:

JOURNAL OF THE SENATE

The 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 700. Do pass. HB 1551. Do pass. HB 1564. Do pass. HB 1565. Do pass. HB 1566. Do pass. HB 1567. Do pass. HB 1568. Do pass. HB 1569. Do pass. HB 1570. Do pass. HB 1599. Do pass. HB 1612. Do pass. HB 1623. Do pass. HB 1629. Do pass. HR 591. Do pass by substitute. HR 640. Do pass. HR 669. Do pass. HR 670. Do pass. HR 671. Do pass. HR 698. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The 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 674. Do pass.
SB 677. Do pass.
SB 681. Do pass.

TUESDAY, FEBRUARY 23, 1982

1173

SB 689. Do pass. SB 703. Do pass. SB 706. Do pass by substitute. HB 1410. Do pass. HB 1413. Do pass. HB 1470. Do pass. HB 1532. Do pass.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

The 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 685. Do pass.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 678. SB 683. SB 699. SB 701. SB 511. HB 1281.

Do pass. Do pass by substitute. Do pass. Do pass. Do pass as amended. Do pass by substitute.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

1174 Mr. President:

JOURNAL OF THE SENATE

The Committee on Public Safety 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 274. Do pass by substitute. HB 1345. Do pass as amended.
Respectfully submitted, Senator Timmons of the 11th District, Chairman

Mr. President:

The Committee on Public Utilities 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 1499. Do pass. HB 1509. Do pass. HR 619. Do pass.

Mr. President:

Respectfully submitted, Senator Brown of the 47th District, Chairman

The 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:
HB 1300. Do pass. HB 1267. Do pass. SB 560. Do pass by substitute.
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 664. By Senator Bryant of the 3rd:
A bill creating a new charter for the Town of Pooler, as amended, so as to extend the corporate limits of the Town of Pooler.

TUESDAY, FEBRUARY 23, 1982

1175

SB 686. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to amend an Act creating a system of public schools for the City of Marietta, as amended, so as to change the time at which members of the board of education are appointed.

SB 688. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to be known as the "South Cobb Development Authority Act"; to create the "South Cobb Development Authority"; to provide the powers and duties of the authority, including the power to issue revenue bonds; to define the area of operations of the authority within Cobb County; to declare the purposes of the authority to develop and trade, commerce, and industry; to provide an effective date.

SB 690. By Senator Littlefield of the 6th:
A bill to amend an Act abolishing the present mode of compensating the sheriff of Brantley County known as the fee system and placing him on a salary, as amended, so as to change the provisions relating to personnel and equipment of the sheriff's office; to provide an effective date.

SB 691. By Senator Littlefield of the 6th:
A bill to amend an Act placing the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Brantley County upon an annual salary, as amended, so as to change the provisions relating to personnel of said officers; to provide an effective date.

SB 692. 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 the provisions relating to the com pensation of the sheriff and deputies and other personnel of the sheriff; to change the provisions relating to automobiles and other expenses for the sheriff's office; to provide an effective date.

SB 698. By Senator Foster of the 50th:
A bill to create a new charter for the City of Dahlonega in the County of Lumpkin; to provide for incorporation; to provide for corporate boun daries; to provide for specific and general powers and the construction and exercise thereof; to provide for a governing body, its form and members, their terms, qualifications, compensation and expenses; to provide for vacancy, forfeiture, filling of vacancy, prohibitions, inquiries and investigations.

1176

JOURNAL OF THE SENATE

SR 292. By Senators Horton of the 17th and Cobb of the 28th:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption of $20,000.00 from all Henry County School District ad valorem taxes for each resident of the Henry County School District who is 62 years of age or over or who is disabled if his income from all sources does not exceed $12,000.00; to provide for the submis sion of this amendment for ratification or rejection.

SR 293. By Senators Horton of the 17th and Cobb of the 28th:
A resolution proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for persons of Henry County; to provide for submission of this amendment for ratifica tion or rejection.

SR 294. By Senators Horton of the 17th and Cobb of the 28th:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption of $6,000.00 from Henry County ad valorem taxes for each resident of Henry County who is 65 years of age or over or who is disabled if his net income does not exceed $6,000.00; to provide for the submission of this amendment for ratification or rejec tion.

HB 1360. By Representative Edwards of the 110th:
A bill to change the terms of the Superior Court of Taylor County in the Chattahoochee Judicial Circuit; to amend the Official Code of Georgia Annotated accordingly.

HB 1440. By Representatives Richardson of the 52nd, Robinson of the 58th, Steinberg of the 46th and others:
A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, so as to change the corporate limits of the City of Decatur, Georgia.

HB 1523. By Representative Chance of the 129th:
A bill to amend an Act creating a new charter for the Town of Rincon, so as to provide for the manner of filling a vacancy in the office of mayor or councilperson.

HB 1575. By Representatives Colwell and Twiggs of the 4th:
A bill to provide an annual salary for the Tax Commissioner of Union County in lieu of all fees.

TUESDAY, FEBRUARY 23, 1982

1177

HB 1576. By Representatives Colwell and Twiggs of the 4th:
A bill to provide an annual salary for the Clerk of the Superior Court of Union County in lieu of fees.

HB 1577. By Representatives Golwell 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.

HB 1578. 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 relating to the compensation of the sheriff.

HB 1596. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Dawson County on an annual salary, so as to change the method of determining the annual salary of the deputy clerk of the superior court and the clerk of the probate court.

HR 636. By Representative Bray of the 70th:
A resolution proposing an amendment to the Constitution so as to in crease the dollar amount of civil cases over which the Justices of the Peace of Meriwether County shall have jurisdiction and provide for bond requirements.

HR 657. By Representatives Bargeron of the 83rd and Evans of the 84th:
A resolution proposing an amendment to the Constitution so as to permit the General Assembly to authorize local taxing jurisdictions in Jefferson County to grant discounts for early payment of ad valorem taxes.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Barker Bell Bowen
Brannon Brantley Bryant Cobb Coleman Coverdell

Deal Dean Eldridge English
Engram Fincher of 52nd Foster Garner Gillis Greene

Hill Holloway Howard Kennedy
Kidd Land Lester Littlefield McGill McKenzie

1178

JOURNAL OF THE SENATE

Reynolds Robinson Scott Starr Stumbaugh

Sutton Tate Timmons Trulock

Those not answering were Senators:

Ballard
Barnes Bond Broun of 46th Brown of 47th

Evans Fincher of 54th Horton Hudgins

Turner Tysinger Walker Wessels
Hudson Stephens Summers Thompson

Senator Brantley of the 56th introduced the chaplain of the day, Father Robert Johnson, pastor of Holy Innocents Episcopal Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 311. By Senator Garner of the 30th: A resolution commending Mr. Pate Bridges.

SR 312. By Senators McGill of the 24th, Walker of the 19th, English of the 21st and others:
A resolution recognizing the importance of agriculture to Georgia and ex pressing appreciation to Georgia's agricultural community on the occa sion of Agriculture Day 1982, March 18.

SR 314. By Senators Walker of the 19th, Gillis of the 20th, Eldridge of the 7th and others: A resolution recognizing and commending the officials of the Youth Assembly.
SENATE RULES CALENDAR Tuesday, February 23, 1982 TWENTY-FOURTH LEGISLATIVE DAY

SB 60. Probate Court Judges--benefits to surviving spouses (SUBSTITUTE) (Ret-25th)
SB 484. Workers' Compensation-third-party tortfeasors (SUBSTITUTE) (IL&Tou-33rd)
SR 295. Boards of Education--urge courses on law breaking and conse quences (Ed--55th)

TUESDAY, FEBRUARY 23, 1982

1179

SR 288. Senate Music Industry Committee--create (SUBSTITUTE) (Rules-- 26th)
SB 607. Motion for a New Trial in Criminal Cases--form (Judy--33rd)
HB 1459. Motor Vehicle Title--provisions after application rejected (Trns-- 4th)
SR 271. School Finance Study Commission--create (AMENDMENT) (Ed-- 44th)
HR 519. Principle of World Federation--repeal resolution approving (Rules-48th)
SB 624. Retired State Court Judges--may perform marriage ceremonies (Judy-36th)
HB 1296. Rome Judicial Circuit--drawing of grand jury (Judy--52nd)
SB 639. Public Official Recall Petition--percentage of electors who must sign (SUBSTITUTE) (Gov Op-25th)
HB 1359. Rockdale Judicial Circuit--create (Judy--45th)
SR 284. Senate Health and Medical Education Study Committee--create (Hum R-20th)
HB 1352. Filing Depositions with Court--exceptions (Judy--33rd)
HB 1307. Purchase of License Plates and Revalidation Stickers--additional fee (Trns--33rd)
SB 660. Education Improvement Council--change to Legislative Educa tional Research Council (SUBSTITUTE) (Ed-50th)
HB 1518. Board of Veterinary Medicine--change time of termination (Ag-- 24th)
HB 1355. Meat Inspection Act--penalty for distribution of adulterated meat (Ag-24th)
HB 1519. Buying Services Act of 1975--change enforcing official (Ag--24th)
SB 663. Midyear Adjustment Reserve--percentage of net revenue collec tions from state surplus (AMENDMENT) (App--12th)
HB 610. Juvenile Court Code--circumstances under which juvenile & superior courts have concurrent jurisdiction (SUBs/AMs) (S Judy-- 6th)
HB 616. Health Insurance Policy--contain benefits agreed upon between holder and insurer (AMENDMENTS) (BF&I-12th)

Respectfully submitted,
/si Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee

1180

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 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 pay ment of benefits to surviving spouses of judges and requirements, qualifications, and proceedings related thereto.

The following fiscal note, as required by law, was read by the Secretary:

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 23, 1982

SUBJECT: Updated Fiscal Note-Senate Bill 60 (LC 10 4359) Probate Court Judges' Retirement Fund

This Bill would provide for the payment of spouses' benefits equal to 50% of the benefits received by the deceased or 50% of the benefits the deceased would have received at age 60 should the member die prior to retirement. The benefits, which would be payable for the spouse's lifetime, would not begin until the spouse attained age 60. Under current law, judges may provide for spouses' benefits by receiving an actuarially reduced benefit at retirement.

According to an actuarial study of the Fund's status as of June 30, 1981. this provision would not render the Fund actuarially unsound. The normal cost for fiscal year 1982 would increase by $41,700 (from $241,200 to $282,900) and the actuarial surplus (excess of net assets over accrued liabilities) would decrease from approximately $2.9 million to approximately $2.1 million.

It should be noted that this provision does not clearly indicate the benefits payable to the spouse of a member who is age 60 or older and who dies prior to retirement. As currently worded, this provision specifies that the spouse of such a member who dies prior to retirement would receive 50% of the retirement benefits the deceased member was drawing at the time of death.

It should also be noted that this Bill amends current law but does not provide for a corresponding revision of the proposed Official Code of Georgia Annotated which is scheduled to become effective November 1, 1982.

1st W. M. Nixon State Auditor

I si C. T. Stevens, Director Office of Planning and Budget

TUESDAY, FEBRUARY 23, 1982

1181

The Senate Committee on Retirement offered the following substitute to SB 60:

A BILL
To be entitled an Act to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for calculation and pay ment of benefits to certain surviving spouses of judges and requirements, qualifications, and proceedings related thereto; to change the rate of interst on dues which are refunded to members; to change the provisions relating to the payment of interest and the computation of interest on dues paid for the purpose of repayment of funds in cases in which a judge of the probate court dies; to provide for refund of dues plus interest to the estates of certain persons; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 47 of the Official Code of Georgia An notated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, is amended by adding between Code Sections 47-11-71 and 47-11-72 a new Code section, to be designated Code Section 47-11-71.1, to read as follows:
"47-11-71.1. (a) Upon the death of any member who is then receiving retirement benefits and upon the surviving spouse of such member attaining 60 years of age, said spouse shall be paid spouse's benefits which shall be equal to 50 percent of the retirement benefits then being paid to such member. Such benefits shall be paid for the re mainder of the life of such surviving spouse. Upon the death of any member prior to retirement, the surviving spouse of such member may elect:
(1) To withdraw the dues paid into the retirement fund by the deceased member plus interest at the rate specified by law, in which case the spouse shall be deemed to have waived any right to any benefits; or
(2) To leave such dues in the retirement fund and to receive spouse's benefits which shall be payable beginning:
(A) On the date of the member's death, if such member is 60 years of age or older, or
(B) On the date on which the surviving spouse of the deceased member reaches 60 years of age,
whichever event occurs last, and which shall be equal to 50 percent of the retirement benefits which the deceased member was drawing at the time of death or, in the case of a member who dies prior to his six tieth birthday, which such deceased member would have been entitl ed to receive upon reaching 60 years of age had he lived and ceased service as a judge of the probate court on the date of his death.

1182

JOURNAL OF THE SENATE

(b) As used in this Code section, the term 'surviving spouse' means the person who was married to the probate judge on the date the probate judge first begins receiving retirement benefits under this chapter or, in the case of a member who dies before receiving retire ment benefits, the term 'surviving spouse' shall mean the person who was married to the probate judge on the date of the death of the judge.
(c) Any living retired probate judge drawing retirement benefits on November 1, 1982, who had a spouse on the date of the retirement of such judge, which spouse may survive said retired probate judge, shall be eligible to draw the retirement benefits provided for a spouse herein upon electing to do so; provided, however, that no person may draw both the retirement benefits and spouse's benefits. Spouse's benefits payable under this Code section shall be in lieu of benefits provided in subsection (b) of Code Section 47-11-71 of this chapter.
(d) Any judges of the probate court or any surviving spouses of judges who are receiving benefits calculated pursuant to subsection (b) of Code Section 47-11-71 of this chapter are authorized to elect to be covered by the provisions of this Code section and to have the benefits which they are receiving or which they may be entitled to receive recalculated in accordance with the provisions of this Code section. Each such election shall be made in writing by July 1, 1983, on forms to be supplied to each such person by the board of commis sioners. No additional contributions or dues shall be required of any person to be covered-by the provisions of this Code section. In the event that a person who is receiving benefits calculated under subsec tion (b) of Code Section 47-11-71 elects to be covered by the provisions of this Code section, such person's future benefits shall be recalculated in the same manner as if such person had never received benefits under subsection (b) of Code Section 47-11-71; and such recalculated benefits shall be payable beginning on the first day of the month following the month in which the election is made."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-11-72 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any member of the fund, after ceasing to serve as a judge of the probate court and after waiving any right to retirement benefits in writing on a form to be provided by the board, may apply for and be refunded all dues paid, together with 5 percent simple interst per an num from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund."
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-11-72 and inserting in lieu thereof a new subsection jb) to read as follows:
"(b) Although retirement pay shall be based on Code Section 47-11-71 and nothing in this Code section shall be construed to alter same, at the effective date of retirement simple interest at a rate of 5 percent per annum shall be computed on all dues paid from the end of the calendar year in which paid to the end of the calendar year im-

TUESDAY, FEBRUARY 23, 1982

1183

mediately preceding the date of retirement and shall be added to the total dues paid. After all retirement benefits coming due under subsection (a) or (b) of Code Section 47-11-71, as the case may be, have been paid and if the total thereof shall not be equal to or exceed the above total of dues and interest, then the balance of such principal and interest shall be paid to the estate of the deceased judge of the probate court."
Section 4. Said Act is further amended by striking in its entirety subsection (c) of Code Section 47-11-72, which reads as follows:
"(c) Upon application by the estate of any member of the fund who dies prior to retirement, all dues paid by such deceased member, together with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund shall be paid to the estate of the deceasedjudge of the probate court.",
and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Upon application by the estate of any member of the retire ment system who dies prior to retirement and who does not have a surviving spouse who is eligible for benefits under Code Section 47-11-71.1, all dues paid by such deceased member, together with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the ap plication for the refund, shall be paid to the estate of the deceased judge of the probate court."
Section 5. This Act shall become effective November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
The following fiscal note, as required by the Rules of the Senate, was read by the Secretary:

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 18, 1982

SUBJECT: Updated Fiscal Note--Senate Bill 60 (Committee Substitute- LC 10 5160S)
Probate Court Judges' Retirement Fund

The provisions of this substitute are identical to those of Committee Substitute LC 10 4557S but the Bill has been redrafted to amend the pro posed Official Code of Georgia Annotated (effective November 1, 1982)

1184

JOURNAL OF THE SENATE

rather than current law. The provisions of this Bill and their fiscal impact are summarized below.

1. This Bill would provide for the payment of spouses' benefits equal to 50% of the benefits received by the deceased or 50% of the benefits the deceased would have received at age 60 should the member die prior to retirement. The benefits, which would be payable for the spouse's lifetime, would not begin until the spouse at tained age 60. Under current law, judges may provide for spouses' benefits by receiving an actuarially reduced benefit at retirement.

According to an actuarial study of the Fund's status as of June 30, 1981, this provision would not render the Fund actuarially unsound. The normal cost for fiscal year 1981 would increase by $41,700 (from $241,200 to $282,900) and the actuarial surplus (excess of net assets over accrued liabilities) would decrease from approximately $2.9 million to approximately $2.1 million.

It should be noted that this provision does not clearly indicate the benefits payable to the spouse of a member who is age 60 or older and who dies prior to retirement. As currently worded, this provision specifies that the spouse of such a member who dies prior to retire ment would receive 50% of the retirement benefits the deceased member was drawing at the time of death.

2. The annual interest rate on the refunded dues paid those members who waive their right to retirement benefits would be in creased from 3% to 5%.

During fiscal year 1981 the Fund paid $7,357 in interest on four refunds. Approximately $4,900 in additional interest would have been paid had the proposed 5% interest rate been in effect.

3. This Bill would revise the wording of the current law regarding the computation of the amount returned to a deceased member's estate after all retirement benefits have been paid.

This provision would have no fiscal impact on the Fund.

4. The provision of the current law regarding the refund of con tributions paid to the estate of a member who dies prior to retirement would be revised to include only those members who die without hav ing a surviving spouse.

This provision would have no fiscal impact on the Fund.

1st W. M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

TUESDAY, FEBRUARY 23, 1982

1185

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Barker Bowen

Fincher of 52nd Fincherof 54th Hudgins

Starr Summers

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 484. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 114-1, relating to construction and opera tion of the Workers' Compensation Law, so as to change the conditions under which employees and their representatives have other rights and remedies against certain third-party tortfeasors; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for severability.

Senator Cobb of the 28th moved to commit SB 484 to the Committee on In dustry, Labor and Tourism.

1186

JOURNAL OF THE SENATE

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Bowen Brantley Bryant Cobb Coleman Coverdell Eldridge English Engram Fincher of 52nd Foster

Garner Gillis Hill Holloway Horton Hudson Kennedy Kidd Land Lester Littlefield McGill

Reynolds Starr Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Allgood Barnes Bond Brannon Broun of 46th

Brown of 47th Deal Dean Evans Greene

Howard McKenzie Robinson Scott Stephens

Those not voting were Senators:

Barker Fincher of 54th

Hudgins

Summers

On the motion, the yeas were 37, nays 15; the motion prevailed, and SB 484 was committed to the Committee on Industry, Labor and Tourism.
SR 295. By Senators Stumbaugh of the 55th and Foster of the 50th: A resolution urging that both state and local boards of education include in their curriculums courses on law-breaking and its legal consequences as a means of crime prevention.
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:

TUESDAY, FEBRUARY 23, 1982

1187

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Foster Garner Gillis Greene Hill Holloway Horton Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Walker Wessels

Voting in the negative were Senators Brannon and Fincher of 52nd.

Those not voting were Senators:

Barker Bond Bowen

Fincher of 54th Howard Hudgins

Summers Timmons Tysinger

On the adoption of the resolution, the yeas were 45, nays 2.
The resolution, having received the requisite constitutional majority, was adopted.
SR 288. By Senators Greene of the 26th, Broun of the 46th and Eldridge of the 7th: A resolution creating the Senate Music Industry Committee and a citizen's advisory council thereto.
The Senate Committee on Rules offered the following substitute to SR 288:
A RESOLUTION Creating the Senate Music Industry Committee, an interim study committee, and a citizen's advisory council thereto; and for other pur poses.

1188

JOURNAL OF THE SENATE

WHEREAS, the music industry annually is one of this nation's fastest growing and most prosperous businesses and professions producing sales in the millions of dollars and employing thousands of workers throughout the United States; and
WHEREAS, it is to the economic advantage of the State of Georgia that the many talented musicians and music industry executives throughout this nation be made aware of the excellent opportunities available in the State of Georgia for location of music studios in our state by joining the international recording artists, major booking agencies, promoters, giant publishing companies, record labels, and distribution centers, renowned entertainment attorneys and producers, and the world's largest record pressing plant that are already in Georgia, all of which promote the economic and cultural advancement of the citizens of this state; and
WHEREAS, the above-noted musicians, music industry executives, and musical facilities have enjoyed unparalleled success in the music in dustry and have both created numerous jobs for citizens of this state and provided valuable contributions to revenue collections of municipal, county, and state governmental authorities; and
WHEREAS, upon the attraction of additional professionals in this in dustry to the State of Georgia, many new jobs would be created for citizens of this state; and
WHEREAS, in order to determine the most viable and efficient means by which this industry can be attracted and encouraged to locate in Georgia in the best manner possible, it is necessary to examine methods and alternatives closely and comprehensively to accomplish this desire; and
WHEREAS, the Senate at the 1978 session created the Senate Music Recording Industry Study Committee which rendered outstanding ser vice to the State of Georgia, particularly by giving birth to, sponsoring, promoting and presenting the first "Georgia Music Week" which was an unqualified success; and
WHEREAS, similar committees were created at the 1979, 1980, and 1981 sessions which carried on and expanded the work of the 1978 com mittee, particularly in the area of promoting and presenting the "Georgia Music Festival"; and
WHEREAS, it is imperative that the work of those four committees be continued and that the "Georgia Music Festival" be celebrated each year on a permanent basis; and
WHEREAS, in order to accomplish these objectives a similar commit tee should be established at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is hereby created an interim study committee to be called the Senate Music Industry Committee to be composed of five members of the Senate to be appointed by the President of the Senate, one of whom shall

TUESDAY, FEBRUARY 23, 1982

1189

be designated as chairman. The committee is authorized to conduct a continuing study of methods for attracting the music industry and related fields to the State of Georgia and to study all facets of the music industry and all matters relative thereto which would be beneficial to the State of Georgia. The committee is authorized to seek the advice and counsel of persons knowledgeable in the above fields and other persons, groups and organizations which the committee feels will be able to assist it in its endeavors. The legislative members of the committee shall receive the allowances provided by law for legislative members of interim legislative committees. The committee shall meet upon the call of the chairman, and it is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties.
BE IT FURTHER RESOLVED that the President of the Senate is fur ther authorized to appoint a citizen's advisory council to assist the com mittee, one of which members shall be appointed chairman of the coun cil. Members of the council shall receive no compensation or allowances for their services thereon.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the 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 Dean Eldridge

English Engram Evans Fincher of 52nd 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

1190

JOURNAL OF THE SENATE

Those not voting were Senators:

Fincher of 54th Holloway

Hudgins

Stephens

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SB 607. By Senator Barnes of the 33rd:
A bill to amend an Act revising appellate and other posttrial procedures in civil and criminal cases, as amended, so as to prescribe a form for a motion for a new trial for use in criminal cases; to amend the Official Code of Georgia Annotated, so as to provide therein for all the changes described above; to provide 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, 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 Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

TUESDAY, FEBRUARY 23, 1982

1191

Those not voting were Senators:

Bowen Fincher of 54th

Holloway (presiding) Hudgins

Sutton

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1459. By Representatives Moody of the 138th, Murphy of the 18th, Moore of the 152nd and Branch of the 137th:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia An notated, relating to certificates of title to motor vehicles and liens, so as to provide that, with respect to application for first certificate of title, any application rejected shall be returned to the holder of the first security in terest or lien named in the application.
Senate Sponsor: Senator Kennedy of the 4th.

Senators Deal of the 49th and Kennedy of the 4th offered the following substitute to HB 1459:

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. L. 1961, p. 68), as amended, so as to provide that, with respect to application for first cer tificate of title, any application rejected shall be returned to the holder of the first security interest or lien named in the application or to the owner; to require the Georgia Bureau of Investigation to inspect certain motor vehicles; to provide for the issuance of certificates of title to motor vehicles so inspected; to provide for other matters relative to the forego ing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act known as the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, is amended by striking Section 13 of said Act in its entirety and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. Refusing certificate of title, (a) The commissioner shall refuse issuance of a certificate of title only if any required fee is not paid or if he has reasonable grounds to believe that:
(1) The applicant is not the owner of the vehicle;

1192

JOURNAL OF THE SENATE

(2) The application contains a false or fraudulent statement;
(3) The applicant fails to furnish required information or documents or any additional information the commissioner reasonably requires;

(4) The registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state.
(b) If the application for first certificate of title is rejected, the ap plication shall be returned to the holder of the first security interest or lien named in the application or to the owner."
Section 2. Said Act is further amended by striking Section 20.1 and Section 20.2 of said Act, which read as follows:
"Section 20.1. Certificate of title for rebuilt motor vehicles; in spection of rebuilt motor vehicles prior to issuance of certificate of ti tle, (a) Upon the receipt of an application for a certificate of title for a rebuilt motor vehicle as defined in Section 2 of this Act, the commis sioner shall immediately notify the Georgia Bureau of Investigation of said application.
(b) (1) Upon receipt of notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each rebuilt motor vehicle prior to the issuance of a certificate of title for said motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components used to rebuild the motor vehicle, and verification that the motor vehicle conforms to all safety equipment standards and has a valid safety inspection sticker as required by law. The Georgia Bureau of Investigation shall be authorized to charge an inspection fee of $50.00 for each rebuilt motor vehicle inspected. In the event a third inspection or subsequent in spections are required for any one rebuilt motor vehicle under this section, the Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third inspection and each subsequent in spection of such rebuilt motor vehicle. The Georgia Bureau of In vestigation shall promptly notify the commissioner of the results of each inspection.
(2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the rebuilt motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of ti tle until compliance is reached.
(c) Any certificate of title which is issued to a rebuilt motor vehicle shall contain the word 'Rebuilt' on the face of said certificate of title in such a manner as the commissioner shall prescribe so as to indicate clearly that the motor vehicle described is a rebuilt motor vehicle.

TUESDAY, FEBRUARY 23, 1982

1193

(d) Any person, firm, or corporation who rebuilds a motor vehicle or salvage motor vehicle by the replacement of two or more major component parts shall be required to obtain a certificate of title mark ed 'Rebuilt' for said motor vehicle prior to any sale or transfer of said motor vehicle.
Section 20.2. Duty of the Georgia Bureau of Investigation to in spect certain rebuilt motor vehicles; authorization for the director of the Georgia Bureau of Investigation to hire additional personnel. It shall be the duty of the Georgia Bureau of Investigation to inspect cer tain rebuilt motor vehicles prior to the issuance of certificates of title for such motor vehicles. The director of investigation is hereby authorized to employ such persons as he shall deem necessary to carry out the provisions of this section.",
and inserting in lieu thereof new Sections 20.1 and 20.2 to read as follows:
"Section 20.1. (a) Upon the receipt of an application for a cer tificate of title for a motor vehicle for which the current certificate of title is marked 'Salvage' pursuant to subsection (e) of Section 20 of this Act and which has been repaired, the commissioner shall immediate ly notify the Georgia Bureau of Investigation of such application.
(b) (1) Upon receipt of such notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, and verification that the motor vehicle conforms to all safety equipment standards required by law. The Georgia Bureau of Investigation shall be authorized to charge an inspection fee of $50.00 for each motor vehicle inspected. In the event a third or subsequent inspection is required for any one motor vehicle under this section, the Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third and each subsequent inspection. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection.
(2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached.
(c) (1) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major compo nent parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'Rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle.

1194

JOURNAL OF THE SENATE

(2) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued.
(d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'Salvage' shall make application for and obtain a certificate of title as provided in this section prior to the sale or transfer of said motor vehicle.
Section 20.2. It shall be the duty of the Georgia Bureau of In vestigation to inspect certain motor vehicles prior to the issuance of certificates of title for such motor vehicles. The director of investiga tion is hereby authorized to employ such persons as he shall deem necessary to carry out the provisions of this section."
Part 2
Section 3. Chapter 3 of Title 40 of the Official Code of Georgia An notated, relating to certificates of title to motor vehicles and liens, is amended by striking Code Section 40-3-29 in its entirety and inserting in lieu thereof a new Code Section 40-3-29 to read as follows:
"40-3-29. (a) The commissioner shall refuse issuance of a cer tificate of title only if any required fee is not paid or if he has reasonable grounds to believe that:
(1) The applicant is not the owner of the vehicle;
(2) The application contains a false or fraudulent statement;
(3) The applicant fails to furnish required information or documents or any additional information the commissioner reasonably requires;
or
(4) The registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state.
(b) If the application for first certificate of title is rejected, the ap plication shall be returned to the holder of the first security interest or lien named in the application or to the owner."
Section 4. Said chapter is further amended by striking Code Section 40-3-35.1 and Code Section 40-3-35.2, which read as follows:
"40-3-35.1. (a) Upon the receipt of an application for a certificate of title for a rebuilt motor vehicle, the commissioner shall immediate ly notify the Georgia Bureau of Investigation of such application.
(b) (1) Upon receipt of notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each rebuilt motor vehicle prior to the issuance of a certificate of title for such

TUESDAY, FEBRUARY 23, 1982

1195

motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components used to rebuild the motor vehicle, and verification that the motor vehicle conforms to all safety equipment standards and has a valid safety inspection sticker as required by law. The Georgia Bureau of Investigation shall be authorized to charge an inspection fee of $50.00 for each rebuilt motor vehicle which is inspected by it. The Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third and each subsequent inspection, in the event a third or subsequent inspections are required under this Code section for any one rebuilt motor vehi cle. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection.
(2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the rebuilt motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of ti tle until compliance is reached.
(c) Any certificate of title which is issued for a rebuilt motor vehi cle shall contain the word 'rebuilt' on the face of the certificate of title in such a manner as the commissioner shall prescribe, so as to indicate clearly that the motor vehicle described is a rebuilt motor vehicle.
(d) Any person, firm, or corporation which rebuilds a motor vehi cle or salvage motor vehicle by the replacement of two or more major component parts shall be required to obtain a certificate of title mark ed 'rebuilt' for such motor vehicle prior to any sale or transfer of such motor vehicle.
(e) Notwithstanding subsections (c) and (d) of this Code section and Code Section 40-3-35, the legend 'rebuilt' or 'salvage' shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt.
40-3-35.2. It shall be the duty of the Georgia Bureau of Investiga tion to inspect certain rebuilt motor vehicles prior to the issuance of certificates of title for such motor vehicles. The director of investiga tion is authorized to employ such persons as he shall deem necessary to carry out the provisions of this Code section.",
and inserting in lieu thereof new Code Sections 40-3-35.1 and 40-3-35.2 to read as follows:
"40-3-35.1. (a) Upon the receipt of an application for a certificate of title for a motor vehicle for which the current certificate of title is marked 'salvage' pursuant to subsection je) of Code Section 40-3-35 of this chapter and which has been repaired, the commissioner shall im mediately notify the Georgia Bureau of Investigation of such applica tion.

1196

JOURNAL OF THE SENATE

(b) (1) Upon receipt of such notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, and verification that the motor vehicle conforms to all safety equipment standards required by law. The Georgia Bureau of Investigation shall be authorized to charge an inspection fee of $50.00 for each motor vehicle inspected. In the event a third or subsequent inspection is required for any one motor vehicle under this section, the Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third and each subsequent inspection. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection.
(2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached.
(c) (1) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major compo nent parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle.
(2) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued.
(d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle.
40-3-35.2. It shall be the duty of the Georgia Bureau of Investiga tion to inspect certain motor vehicles prior to the issuance of cer tificates of title for such motor vehicles. The director of investigation is authorized to employ such persons as he shall deem necessary to carry out the provisions of this Code section."
Parts
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.

TUESDAY, FEBRUARY 23, 1982

1197

Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 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 Turner Tysinger Walker Wessels

Those not voting were Senators:

Fincher of 54th Holloway (presiding)

Hudgins

Trulock

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1459.

1198

JOURNAL OF THE SENATE

SR 271. By Senators Starr of the 44th and Foster of the 50th: A resolution creating the School Finance Study Commission.

The Senate Committee on Education offered the following amendment:

Amend SR 271 by striking from Page 2, lines 9 and 10, the following: "Educational Leaders",
and inserting in lieu thereof the following: "Educators".

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.

Senator Starr of the 44th offered the following amendment:

Amend SR 271 by changing on Page 1, line 20, the number "23" to "24"; on Page 2, line 1, the word "Nine" to "Ten"; on Page 2, line 5, the word "six" to "seven" and by adding on Page 2, between lines 14 and 15, the following:
"(7) The Georgia Association of Educational Leaders";
and by deleting on Page 3, from line 10 through line 14, the following:
"BE IT FURTHER RESOLVED that the commission may appoint and employ staff personnel as it may deem necessary, including an ex ecutive director, and may contract for professional and research ser vices to effectuate the purposes of this resolution."

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 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

TUESDAY, FEBRUARY 23, 1982

1199

Broun of 46th Brown of 47th Bryant Cobb Coverdell Deal Dean Eldridge Engram Evans Fincher of 52nd Foster Garner Gillis

Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds

Robinson Scott Starr Stephens Stumbaugh Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Coleman English Fincher of 54th

Holloway (presiding) Hudgins

Summers Tate

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was idopted as amended.

iR 519. By Representative Wall of the 61st:
A resolution repealing a resolution approving the principle of World Federation.
Senate Sponsor: Senator Reynolds of the 48th.

The report of the committee, which was favorable to the adoption of the resoluion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as ollows:

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

1200

JOURNAL OF THE SENATE

Foster Garner Gillis Hill Horton Hudson Kennedy Kidd Land

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens

Those not voting were Senators:

Evans Fincher of 54th Greene

Holloway (presiding) Howard Hudgins

Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Stumbaugh Trulock

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 624. By Senator Stephens of the 36th:
A bill to amend Code Section 15-7-5 of the Official Code of Georgia An notated, relating to judges of other state courts serving and retired judges serving, so as to provide that retired state court judges shall be autho rized to perform marriage ceremonies; 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 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

TUESDAY, FEBRUARY 23, 1982

1201

McGill McKenzie Reynolds Scott Stephens

Stumbaugh Summers Sutton Tate Thompson

Turner Tysinger Walker Wessels

Those not voting were Senators:

Holloway (presiding) Hudgins

Robinson Starr

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 1296. By Representatives Adams of the 14th and Childers of the 15th:
A bill to amend an Act approved March 13, 1957, prescribing the terms of superior court to be held in the Rome Judicial Circuit, so as to provide for the drawing of a grand jury.
Senate Sponsor: Senator Fincher of the 52nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood 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 Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

1202

JOURNAL OF THE SENATE

Those not voting were Senators:

Holloway (presiding) Hudgins

McKenzie Stumbaugh

Timmons

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 639. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia An notated, relating to elections for the recall of public officials, so as to pro vide for additional legislative findings; to change the percentage of elec tors who must sign a recall petition; to change the provisions relating to the number of official sponsors necessary to file an application for a recall petition; to provide an effective date.

The Senate Committee on Governmental Operations offered the following substitute to SB 639:

A BILL
To be entitled an Act to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to elections for the recall of public officials, so as to change the provisions relating to the number of official sponsors necessary to file an application for a recall petition; to require additional information to be written or printed on the recall petition; to require certain information to be read by each person who signs a peti tion; to change the form of the affidavit of the circulator of the recall peti tion; to provide for the locations at which recall petitions shall be signed and circulated; to provide for the operation and expense of such loca tions; 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. Chapter 4 of Title 21 of the Official Code of Georgia An notated, relating to elections for the recall of public officials, is amended by striking in its entirety subsection (c) of Code Section 21-4-5, which reads as follows:
"(c) The number of official sponsors necessary to file an applica tion for a recall petition must be equal in number to at least 100 elec tors or equal in number to at least 10 percent of the number of electors who were registered to vote at the last preceding general election for any of the candidates offering for the office held by the public official sought to be recalled, whichever is smaller."

TUESDAY, FEBRUARY 23, 1982

1203

Section 2. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 21-4-5 and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) On receipt of the application, the election superintendent shall determine the legal sufficiency of the application and determine if the signers are qualified electors eligible to sign the application. The election superintendent is granted unrestricted authority to examine the registration records maintained by the board of registrars for the purpose of making such determination. The election superintendent shall certify the legal sufficiency or insufficiency of the application for a recall petition within five days after receiving the application, ex cluding Saturdays, Sundays, and legal holidays."
Section 3. Said chapter is further amended by striking Code Section 21-4-6, relating to forms, in its entirety and inserting in lieu thereof a new Code Section 21-4-6 to read as follows:
"21-4-6. (a) The form of the recall petition shall be substantially as follows:
RECALL PETITION

(Official application no.)

(County or city)
To______________________________________ (Name of election superintendent)

(Address)

(City, state, ZIP Code)

We, the electors registered to vote in the recall election herein petitioned, demand the recall of _______________________ (Name and office) for the following specific reasons:

(Six lines for listing)

Name

Date of Signing

Residence County of

Address

Residence

(Signature)

(Number and Street or route)

Printed name of elector

(City)

(Fifteen lines for signatures and printed names)

1204

JOURNAL OF THE SENATE

(b) The following statements shall be written or printed on each petition and each signer must read the following statements:
'(1) Any person who gives or receives money or any other thing of value for signing a recall petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor;
(2) If (insert appropriate number) electors sign this petition, there will be an election at which a majority of the electors voting therein will determine whether the above-named official will be removed from office.' "
Section 4. Said chapter is further amended by striking Code Section 21-4-7, relating to procedures for circulating recall petitions, in its entire ty and inserting hi lieu thereof a new Code Section 21-4-7 to read as follows:
"21-4-7. (a) All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is circulated in more than one county, each sheet of the petition shall bear the name of the county in which it is circulated, and only electors of the designated county may sign such sheet.
(b) Every elector signing a recall petition shall do so in the presence of the person circulating the petition, who is to execute the affidavit of verification on the reverse side of the petition form. At the time of signing, the elector shall sign his name, and such elector or the person circulating the petition shall print the name of the elector below the elector's signature and shall print or write in the ap propriate spaces following the signature the elector's residence ad dress, giving number and street or route and city, the name of the county, and the date on which the elector signed the petition.
(c) If an elector is incapable of signing his own name, he may specifically request the circulator of the petition to sign and print his name and complete the information required on the petition sheet to accompany the signature; provided, however, that the circulator shall also sign his name beside the printed name of such elector.
(d) The person before whom the electors signed the recall petition shall verify, in an affidavit subscribed and sworn to by him before a notary public, that each of the names on the petition form was signed in his presence on the date indicated and that in his belief each signer was an elector of the electoral district of the officer sought to be recall ed.
(e) The affidavit printed on the reverse side of each recall petition form shall be in the following form:

TUESDAY, FEBRUARY 23, 1982

1205

AFFIDAVIT OF CIRCULATOR
State of Georgia
County of __________________________________
Under the penalty of a misdemeanor, punishable by a fine not to exceed $1,000.00 or by imprisonment not to exceed 12 months, or both, I do depose and say that I am an elector registered to vote in the recall election herein petitioned for and that each petitioner signed or caused to be signed the foregoing petition in my presence on the date indicated; and I believe that each signer's name and residence address are correctly stated, and that each signer is an elector of the electoral district in which such recall election will be conducted, and that each signer read the required statements which are also set out on each petition.
(Signature of affiant) ____________
(Residence address) ____________
(Number and street or route)

(City) Subscribed and sworn to before me this ___ day of.

Notary public
___________, Georgia
My commission expires on the ___ day of _______, 19_.
(f) An elector may change the way his signature and residence ad dress appear on a recall petition at any time prior to the filing of the petition for verification by striking through his name and initialing the strike-through and re-signing the petition with his printed name cor rected accordingly.
(g) The election superintendent shall designate one or more loca tions within each county or municipality affected at which recall peti tions may be circulated and signed. Such locations shall be open dur ing normal working hours, including Saturdays, and shall be the only locations at which recall petitions may be circulated and signed. For the recall of state or county officials, the reasonable expense of main taining such locations shall be paid by the county wherein each lies and shall be considered normal election expenses. For the recall of municipal officials, the reasonable expense of maintaining such loca tions shall be paid by the municipality wherein each lies and shall be considered normal election expenses."
Section 5. This Act shall become effective on November 1, 1982.

1206

JOURNAL OF THE SENATE

Section 6. All laws and parts of laws in conflict with this Act are 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 Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Foster Garner Gillis Hill Horton Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Starr Stephens Sutton Tate Timmons Trulock Walker Wessels

Those voting in the negative were Senators:

Ballard Barnes Bell Bond Brannon Brantley

Coverdell Engram Evans Fincher of 52nd Greene Howard

Those not voting were Senators:

Fincher of 54th

Holloway (presiding)

Land Stumbaugh Summers Thompson Turner Tysinger
Hudgins

On the passage of the bill, the yeas were 35, nays 18.

The bill, having received the requisite constitutional majority, was passed by substitute.

TUESDAY, FEBRUARY 23, 1982

1207

HB 1359. By Representatives Vaughn of the 57th, Childs of the 51st, Richardson of the 52nd and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Rockdale Judicial Circuit, to be composed of the County of Rockdale.
Senate Sponsor: Senator Ballard of the 45th.

Senators Barnes of the 33rd and Ballard of the 45th offered the following amendment:

Amend HB 1359 by deleting the word "September" as it appears on line 1 of Page 3 and substituting in lieu thereof the word
"October".

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard 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 Hudson Kennedy Kidd Lester

Those not voting were Senators:

Fincher of 52nd Holloway (presiding) Hudgins

Land Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Stephens Timmons

1208

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 as amended.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1359.

SR 284. By Senators Gillis of the 20th and Howard of the 42nd:
A resolution creating the Senate Health and Medical 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 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

Those not voting were Senators:

Holloway (presiding) Horton

Hudgins Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Stephens Summers

On the adoption of the resolution, the yeas were 50, nays 0.

TUESDAY, FEBRUARY 23, 1982

1209

The resolution, having received the requisite constitutional majority, was adopted.

Senator Starr of the 44th assumed the Chair.

HB 1352. By Representatives Elliott of the 49th and Davis of the 45th:
A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, so as to pro vide exceptions to the requirement of filing depositions and other discovery material with the court.
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:

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
Hill Horton Howard Hudson Kennedy Kidd Land Lester

McGill McKenzie Reynolds Scott Stumbaugh Summers Sutton
Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative were Senators Greene and Robinson.

Those not voting were Senators:

Allgood Fincher of 54th Garner

Holloway Hudgins Littlefield

Starr (presiding) Stephens

On the passage of the bill, the yeas were 46, nays 2.

1210 .

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HB 1307. By Representatives Isakson and Nix of the 20th, Thompson of the 19th and others:
A bill to amend Code Section 40-2-28 of the Official Code of Georgia An notated, relating to the purchase of license plates and revalidation stickers by mail, so as to change the amount of the additional fee.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond 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 Greene Hill Horton Howard Hudson Kennedy Kidd

Lester McGill McKenzie Reynolds Robinson Scott Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Voting in the negative were Senators Brannon and Land.

Those not voting were Senators:

Gillis Holloway Hudgins

Littlefield Starr (presiding) Stephens

Timmons Trulock

On the passage of the bill, the yeas were 46, nays 2. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 23, 1982

1211

SB 660. By Senators Foster of the 50th, Starr of the 44th, Tate of the 38th and others:
A bill to amend Chapter 7 of Title 20, relating to the Georgia Educational Improvement Council, so as to change the name of said agency to the Legislative Educational Research Council; to provide for other matters relative thereto; to provide an effective date.

The Senate Committee on Education offered the following substitute to SB 660:

A BILL
To be entitled an Act to amend Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Educational Improve ment Council, so as to change the name of said agency to the Legislative Educational Research Council; to provide for other matters relative thereto; to amend Code Section 47-3-1 of the Official Code of Georgia An notated, relating to definitions under the Teachers Retirement System, so as to change a reference therein to conform 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. Chapter 7 of Title 20 of the Official Code of Georgia An notated, relating to the Georgia Educational Improvement Council, is amended by striking subsection (a) of Code Section 20-7-1 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created as an agency of the legislative branch of the state government the Legislative Educational Research Council, refer red to in this chapter as 'the council,' which shall be composed of ten members, as follows: the President of the Senate, the Speaker of the House of Representatives, two Representatives appointed by the Speaker, two Senators appointed by the President of the Senate, the chairman of the Elementary and Secondary Education Committee of the Senate, the chairman of the University System of Georgia Com mittee of the Senate, the chairman of the Education Committee of the House, and the chairman of the University System of Georgia Com mittee of the House of Representatives. The members shall serve for the term of office for which they were elected as members of the General Assembly, and any vacancy occurring during such term shall be filled by appointment of the President in the case of Senators and by appointment of the Speaker in the case of Representatives. Any such member shall be eligible for reappointment in the event he con tinues to be a member of the General Assembly. Successors to initial members and all future successors shall serve for the term for which they were elected to membership in the General Assembly."
Section 2. Code Section 47-3-1 of the Official Code of Georgia An notated, relating to definitions under the Teachers Retirement System, is amended by striking subparagraph (OJ of paragraph (28) in its entirety and substituting in lieu thereof a new subparagraph (OJ to read as follows:

1212

JOURNAL OF THE SENATE

"|QJ The director and any associate directors of the Legislative Educational Research Council. The council shall pay the required employer contributions;".
Section 3. This Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are 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 Garner Greene Hill Horton Howard Hudson Kennedy Kidd Land

Those not voting were Senators:

Bowen Gillis Hollo way

Hudgins Littlefield Starr (presiding)

Lester McGill McKenzie Reynolds Robinson Scott Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels
Stephens Timmons Trulock

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

TUESDAY, FEBRUARY 23, 1982

1213

HB 1518. By Representatives Reaves of the 147th, Long of the 142nd, Anderson and Hasty of the 8th and others:
A bill to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to change the time of the termina tion of the Board of Veterinary Medicine and the repeal of the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly.
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 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 Kennedy Kidd Lester

Littlefield McGill McKenzie Reynolds Scott Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Gillis Holloway Hudgins

Hudson Land Robinson

Starr (presiding) Stephens Wessels

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

1214

JOURNAL OF THE SENATE

HB 1355. By Representatives Ramsey of the 3rd, and Williams and Foster of the 6th:
A bill to amend an Act known as the "Georgia Meat Inspection Act," so as to increase the penalties for fraud or distribution of adulterated ar ticles; to amend the Official Code of Georgia Annotated accordingly.
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 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 McGill McKenzie Reynolds Scott Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Holloway Hudgins

Littlefield Robinson

Starr (presiding) Stephens

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 23, 1982

1215

HB 1519. By Representatives Reaves of the 147th, Long of the 142nd, Anderson and Hasty of the 8th and others:
A bill to amend an Act known as the "Buying Services Act of 1975," so as to change the enforcing official of said Act; to change all references in the Act from the Commissioner of Agriculture to the Administrator of the Fair Business Practices Act; to amend the Official Code of Georgia An notated accordingly.
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 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 Hollo way Horton Howard Hudson Kennedy Kidd Land Lester

Littlefield McGill Reynolds Robinson Scott Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Broun of 46th Hill

Hudgins McKenzie

Starr (presiding) Stephens

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

1216

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:

HB 1261. 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 continue the State Board of Pharmacy and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to amend the Official Code of Georgia An notated accordingly.

HB 1525. By Representative Greer of the 43rd:
A bill to amend Code Section 24-1707, relating to filling vacancies in the office of judge of the probate court, so as to change the method of filling vacancies in the office of judge of the probate court under certain condi tions in any county having a population of not less than 400,000, accord ing to the United States decennial census of 1980; to amend the Official Code of Georgia Annotated accordingly.

The following bills of the House were read the first time and referred to com mittees:

HB 1261. 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 continue the State Board of Pharmacy and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to amend the Official Code of Georgia An notated accordingly.
Referred to Committee on Human Resources.

HB 1525. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to eliminate the requirement that superior court clerks report to the Department of Natural Resources the disposition of game and fish prosecutions.
Referred to Committee on Natural Resources and Environmental Quality.

The following general bill of the Senate, having been read the third time on February 22 and postponed until February 23, was put upon its passage:

TUESDAY, FEBRUARY 23, 1982

1217

SB 663. By Senators Holloway of the 12th, Broun of the 46th, Allgood of the 22nd and others:
A bill to amend an Act creating the Revenue Shortfall Reserve so as to provide that a percentage of net revenue collections shall be reserved from state surplus at the end of each fiscal year for the purpose of pro viding the Midyear Adjustment Reserve; to provide for matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond 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 Robinson Scott Summers Tate Timmons Trulock Turner Walker Wessels

Those voting in the negative were Senators:

Bell Brannon Brantley

Coverdell Land Stumbaugh

Sutton Tysinger

Those not voting were Senators:

Ballard Hudgins

Starr (presiding) Stephens

Thompson

On the passage of the bill, the yeas were 43, nays 8.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

1218

JOURNAL OF THE SENATE

The following general bill of the House, having been passed on February 19, reconsidered on February 22 and postponed until February 23, was put upon its passage:

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''.
Senate Sponsor: Senator Littlefield of the 6th.

The substitute to HB 610 offered by the Senate Committee on Special Judiciary adopted on February 19 as amended by the following amendments was as follows:
The Senate Committee on Special Judiciary offered the following substitute to HB610:

A BILL
To be entitled an Act to amend Code Chapter 24A-23A, relating to designated felony acts under the "Juvenile Court Code of Georgia," so as to change the definition of the term "designated felony act"; to specify when commitment to the Division of Youth Services and restrictive custody shall be mandatory; to amend Code Chapter 24A-25, relating to transfers from juvenile courts to other courts for criminal prosecution, so as to specify when proceedings shall be transferred to superior court for criminal prosecution; to provide for all related matters; to amend the Of ficial Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 24A-23A, relating to designated felony acts under the "Juvenile Court Code of Georgia," is amended by replacing Code Section 24A-2301A with a new Code section to read as follows:
"24A-2301A. Definition. 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(1) Murder, rape, kidnapping, or arson in the first degree, if done byajuvenile 13 or more years of age;
(2) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson the second degree, robbery, or armed robbery, if done by a juvenile 13 or more years of age;

TUESDAY, FEBRUARY 23, 1982

1219

(3) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age;
(4) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent for an act which, if done by an adult, would have been the crime of burglary.
'Intensive Supervision' means monitoring of a youth's activities on a more frequent basis than regular Aftercare Supervision pursuant to regulations of the director of the division.
'A carefully arranged and monitored home visit' shall mean a home visit during which the youth shall be monitored by appropriate personnel of the Division of Youth Services designated pursuant to regulations of the director of the division.''
Section 2. Code Chapter 24A-25, relating to transfers from juvenile courts to other courts for criminal prosecution, is amended by adding a new Code Section 24A-2502 to read as follows:
"24A-2502. Mandatory transfers, (a) After a petition has been fil ed alleging that a child has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary if done by an adult and the child has twice previously been found to be delinquent because of acts which would have constituted the crime of burglary if done by an adult.
(b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 24A-1801, 24A-2001, and 24A-2002. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and his parents, guardian, or other custodian at least three days before the hearing.
(c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall transfer the offense to superior court for pros ecution. The transfer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of inquiry that there is probable cause to commit the child as a defendant to the criminal court competent to try him.
(d) Upon the transfer of any matter to superior court under this Code section, the District Attorney may after investigation report to the judge that the matter should be retransferred to juvenile court; and the superior court shall upon such a report order the matter retransferred to juvenile court. After such a retransfer, the provisions of subsection |c) of Code Section 24A-2302A shall apply as in other cases."

1220

JOURNAL OF THE SENATE

Part 2
Section 3. Chapter 11 of Title 15 of the Official Code of Georgia An notated, relating to juvenile court proceedings, is amended by replacing paragraph (2) of subsection (a) of Code Section 15-11-37 with a new paragraph to read as follows:
"(2) 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(A) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age;
(B) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, robbery, or armed robbery, if done by a juvenile 13 or more years of age;
(C) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age; or
(D) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent for an act which, if done by an adult, would have been the crime of burglary.''
Section 4. Said chapter is further amended by adding a new Code Section 15-11-39.1 to read as follows:
"15-11-39.1. (a) After a petition has been filed alleging that a child has committed a designated felony act, the court shall follow the pro cedure specified in this Code section if the designated felony act alleg ed to have been committed would have constituted the crime of burglary if done by an adult and the child has twice previously been found to be delinquent because of acts which would have constituted the crime of burglary if done by an adult.
(b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and his parents, guardian, or other custodian at least three days before the hearing.
(c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall transfer the offense to superior court for pros ecution. The transfer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of inquiry that there is probable cause to commit the child as a defendant to the criminal court competent to try him.
(d) Upon the transfer of any matter to superior court under this Code section, the district attorney may after investigation report to the judge that the matter should be retransferred to juvenile court; and the superior court shall upon such a report order the matter retransferred to juvenile court. After such a retransfer, the provisions of subsection (d) of Code Section 15-11-37 shall apply as in other cases."

TUESDAY, FEBRUARY 23, 1982

1221

Parts
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1,1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Amend the substitute to HB 610 offered by the Senate Committee on Special Judiciary by adding between the words "delinquent" and "for" on Page 2, line 5, and again on Page 4, line 5, the following language:
' 'at separate court appearances".
Amend the substitute to HB 610 offered by the Senate Committee on Special Judiciary by adding between the words "child" and "has" on Page 2, line 21, and again on Page 4, line 10, the following language:
"15 years of age or older''.
Senator Littlefield of the 6th moved that the Senate reconsider its action in adopting the substitute to HB 610 offered by the Senate Committee on Special Judiciary.
On the motion, the yeas were 33, nays 1; the motion prevailed, and the commit tee substitute was reconsidered.
On the adoption of the substitute to HB 610 offered by the Senate Committee on Special Judiciary, the yeas were 0, nays 49, and the committee substitute was lost.
Senators Evans of the 37th and Littlefield of the 6th offered the following substitute to HB 610:
A BILL
To be entitled an Act to amend Code Chapter 24A-23A, relating to designated felony acts under the ' 'Juvenile Court Code of Georgia," so as to change the definition of the term "designated felony act"; to specify when restrictive custody shall be mandatory; to amend Code Chapter 24A-25, relating to transfers from juvenile courts to other courts for criminal prosecution, so as to specify when proceedings shall be transfer red to superior court for criminal prosecution; to provide for all related

1222

JOURNAL OF THE SENATE

matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 24A-23A, relating to designated felony acts under the "Juvenile Court Code of Georgia," is amended by replacing Code Section 24A-2301A with a new Code section to read as follows:
"24A-2301A. Definition. 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(1) Murder, rape, kidnapping, or arson in the first degree, if done byajuvenile 13 or more years of age;
(2) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, aggravated battery, robbery, or armed robbery, if done by a juvenile 13 or more years of age;
(3) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age;
(4) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent for an act which, if done by an adult, would have been the crime of burglary.
'Intensive Supervision' means monitoring of a youth's activities on a more frequent basis than regular Aftercare Supervision pursuant to regulations of the director of the division.
'A carefully arranged and monitored home visit' shall mean a home visit during which the youth shall be monitored by appropriate personnel of the Division of Youth Services designated pursuant to regulations of the director of the division."
Section 2. Said chapter is further amended by replacing subsection (c) of Code Section 24A-2302A with a new subsection to read as follows:
"(c) Notwithstanding the provisions of subsection (b) of this sec tion, the court shall order restrictive custody in any case where:
(1) The juvenile is found to have committed a designated felony act in which the juvenile inflicted serious physical injury upon another person who is 62 years of age or more; or
(2) The juvenile is found to have committed a designated felony act which would have constituted the crime of burglary if done by an adult and has two or more times previously been found to be delin quent because of commission of an act which would have constituted the crime of burglary if done by an adult.''

TUESDAY, FEBRUARY 23, 1982

1223

Section 3. Code Chapter 24A-25, relating to transfers from juvenile courts to other courts for criminal prosecution, is amended by adding a new Code Section 24A-2502 to read as follows:
"24A-2502. Mandatory transfers, (a) After a petition has been fil ed alleging that a child has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary if done by an adult and the child has been found to have committed acts which would have constituted the crime of burglary if done by an adult on three or more previous occa sions.
(b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 24A-1801, 24A-2001, and 24A-2002. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and his parents, guardian, or other custodian at least three days before the hearing.
(c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall transfer the offense to superior court for pros ecution. The transfer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of inquiry that there is probable cause to commit the child as a defendant to the criminal court competent to try him. After such a transfer, until and unless a judgment of guilt is entered, the child shall be detained as a juvenile and only as provided in subsection (a) of Code Section 24A1403.
(d) Upon the transfer of any matter to superior court under this Code section, the District Attorney may after investigation report to the judge that the matter should be retransferred to juvenile court; and the superior court may upon such a report or on its own motion order the matter retransferred to juvenile court. After such a retransfer, the provisions of subsection (c) of Code Section 24A-2302A shall apply as in other cases."
Part 2
Section 4. Chapter 11 of Title 15 of the Official Code of Georgia An notated, relating to juvenile court proceedings, is amended by replacing paragraph (2) of subsection (a) of Code Section 15-11-37 with a new paragraph to read as follows:
"(2) 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(A) Murder, rape, kidnapping, or arson in the first degree, if done byajuvenile 13 or more years of age;
(B) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, aggravated battery, robbery, or armed robbery, if done by a juvenile 13 or more years of age;

1224

JOURNAL OF THE SENATE

(C) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age; or
(D) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent for an act which, if done by an adult, would have been the crime of burglary.''
Section 5. Said chapter is further amended by replacing subsection (d) of Code Section 15-11-37 with a new subsection to read as follows:
"(d) Notwithstanding subsection (c) of this Code section, the court shall order restrictive custody in any case where the juvenile is found to have committed a designated felony act in which:
(1) The juvenile inflicted serious physical injury upon another per son who is 62 years of age or more; or
(2) The juvenile is found to have committed a designated felony act and has two or more times previously been found to have commit ted the same designated felony act; or
(3) The juvenile is found to have committed a designated felony act which would have constituted the crime of burglary if done by an adult and has two or more times previously been found to be delin quent because of commission of an act which would have constituted the crime of burglary if done by an adult.''
Section 6. Said chapter is further amended by adding a new Code Section 15-11-39.1 to read as follows:
"15-11-39.1. (a) After a petition has been filed alleging that a child has committed a designated felony act, the court shall follow the pro cedure specified in this Code section if the designated felony act alleg ed to have been committed would have constituted the crime of burglary if done by an adult and the child has been found to have committed acts which would have constituted the crime of burglary if done by an adult on three or more previous occasions.
(b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and his parents, guardian, or other custodian at least three days before the hearing.
(c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall transfer the offense to superior court for pros ecution. The transfer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of inquiry that there is probable cause to commit the child as a defendant to the criminal court competent to try him. After such a transfer, until and unless a judgment of guilt is entered, the child shall be detained as a juvenile and only as provided in subsection (a) of Code Section 15-11-20.

TUESDAY, FEBRUARY 23, 1982

1225

(d) Upon the transfer of any matter to superior court under this Code section, the district attorney may after investigation report to the judge that the matter should be retransferred to juvenile court; and the superior court may upon such a report or on its own motion order the matter retransferred to juvenile court. After such a retransfer, the provisions of subsection (d) of Code Section 15-11-37 shall apply as in other cases.''
PartS
Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Littlefield of the 6th offered the following substitute to HB 610:

A BILL
To be entitled an Act to amend Code Chapter 24A-23A, relating to designated felony acts under the "Juvenile Court Code of Georgia," so as to change the definition of the term "designated felony act"; to specify when commitment to the Division of Youth Services and restrictive custody shall be mandatory; to amend Code Chapter 24A-25, relating to transfers from juvenile courts to other courts for criminal prosecution, so as to specify when proceedings shall be transferred to superior court for criminal prosecution; to provide for all related matters; to amend the Of ficial Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 24A-23A, relating to designated felony acts under the "Juvenile Court Code of Georgia," is amended by replacing Code Section 24A-2301A with a new Code section to read as follows:
"24A-2301A. Definition. 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(1) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age;
(2) Aggravated assault, aggravated battery, voluntary manslaughter, aggravated sodomy, arson in the second degree, rob bery, or armed robbery, if done by a juvenile 13 or more years of age;

1226

JOURNAL OF THE SENATE

(3) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age;
(4) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent at separate court appearances for an act which, if done by an adult, would have been the crime of burglary.
'Intensive Supervision' means monitoring of a youth's activities on a more frequent basis than regular Aftercare Supervision pursuant to regulations of the director of the division.
'A carefully arranged and monitored home visit' shall mean a home visit during which the youth shall be monitored by appropriate personnel of the Division of Youth Services designated pursuant to regulations of the director of the division."
Section 2. Code Chapter 24A-25, relating to transfers from juvenile courts to other courts for criminal prosecution, is amended by adding a new Code Section 24A-2502 to read as follows:
"24A-2502. Mandatory transfers, (a) After a petition has been fil ed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary if done by an adult and the child has three times previously on separate court ap pearances been found to be delinquent because of acts which would have constituted the crime of burglary if done by an adult.
(b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 24A-1801, 24A-2001, and 24A-2002. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and his parents, guardian, or other custodian at least three days before the hearing.
(c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall transfer the offense to superior court for pros ecution. The transfer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of inquiry that there is probable cause to commit the child as a defendant to the criminal court competent to try him.
(d) Upon the transfer of any matter to superior court under this Code section, the District Attorney shall after investigation report to the judge whether the matter should be retransferred to juvenile court; and the superior court may order the matter retransferred to juvenile court. After such a retransfer, the provisions of Code Section 24A-2302A shall apply as in other cases.

TUESDAY, FEBRUARY 23, 1982

1227

(e) In the event of a mandatory transfer, the child shall be detain ed in a detention facility for children as authorized in Code Section 24A-1403 until the superior court determines whether to retransfer to juvenile court or the child is convicted and sentenced by the superior court."
Part 2
Section 3. Chapter 11 of Title 15 of the Official Code of Georgia An notated, relating to juvenile court proceedings, is amended by replacing paragraph (2) of subsection (a) of Code Section 15-11-37 with a new paragraph to read as follows:
"(2) 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(A) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age;
(B) Aggravated assault, aggravated battery, voluntary manslaughter, aggravated sodomy, arson in the second degree, rob bery, or armed robbery, if done by a juvenile 13 or more years of age;
(C) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age; or
(D) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent at separate court ap pearances for an act which, if done by an adult, would have been the crime of burglary.''
Section 4. Said chapter is further amended by adding a new Code Section 15-11-39.1 to read as follows:
"15-11-39.1. (a) After a petition has been filed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary if done by an adult and the child has three times previously on separate court appearances been found to be delinquent because of acts which would have constituted the crime of burglary if done by an adult.
(b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and his parents, guardian, or other custodian at least three days before the hearing.
(c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall transfer the offense to superior court for pros ecution. The transfer terminates the jurisdiction of the juvenile court

1228

JOURNAL OF THE SENATE

over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of inquiry that there is probable cause to commit the child as a defendant to the criminal court competent to try him.
(d) Upon the transfer of any matter to superior court under this Code section, the district attorney shall after investigation report to the judge whether the matter should be retransferred to juvenile court; and the superior court may order the matter retransferred to juvenile court. After such a retransfer, the provisions of subsection (d) of Code Section 15-11-37 shall apply as in other cases.
(e) In the event of a mandatory transfer, the child shall be detain ed in a detention facility for children as authorized in Code Section 15-11-20 until the superior court determines whether to retransfer to juvenile court or the child is convicted and sentenced by the superior court."
Part3
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Evans of the 37th offered the following amendment:

Amend the substitute to HB 610 offered by Senators Evans of the 37th and Littlefield of the 6th by adding on line 31, Page 3 and line 18, Page 6 between "entered" and the "," the following:
"and sentence pronounced";
and
by striking lines 24-27 on Page 2 and lines 8-10 on Page 5 in their en tirety and by renumbering the following sections accordingly.

On the adoption of the amendment, the yeas were 41, nays 0, and the amend ment was adopted.

TUESDAY, FEBRUARY 23, 1982

1229

Senator Evans of the 37th offered the following amendment:

Amend the substitute to HB 610 offered by Senators Evans of the 37th and Littlefield of the 6th by adding on line 6 of Page 3 after the word "child" and before the word "has" the following:
"15 years of age or older''.

On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment was adopted.

On the adoption of the substitute to HB 610 offered by Senators Evans of the 37th and Littlefield of the 6th, the yeas were 39, nays 10, and the substitute was adopted as amended.

The President ruled that since the substitute offered by Senators Evans of the 37th and Littlefield of the 6th was adopted, the substitute offered by Senator Lit tlefield of the 6th became moot.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood 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 Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative were Senators Kennedy and Starr.

1230

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard Hudgins

Hudson

Stephens

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 general bill of the House, having been read the third time on February 22 and postponed until February 23, was put upon its passage:

HB 616. By Representative Williams of the 6th:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide that all group or blanket accident and sickness insurance policies or contracts may contain such benefits, coverages, and reimbursements as may be agreed upon between the group policyholder and its insurer.
Senate Sponsor: Senator Holloway of the 12th.

Senator Wessels of the 2nd offered the following amendment:

Amend HB 616 by adding a new subsection (d) to Section 1 which shall read as follows:
"(d) Nothing in this code section shall preclude or prevent the reimbursement to any person covered under any policies or contracts of group or blanket accident and sickness insurance for services which are within the lawful scope of practice of a professional registered nurse duly licensed to practice in this state. Such coverage shall not be precluded even though performed in conjunction with a duly licensed doctor of medicine."

Senator Evans of the 37th offered the following amendment:

Amend the amendment offered by Senator Wessels of the 2nd to HB 616 by striking the following language:
"a professional registered nurse duly licensed to practice in this state. Such coverage shall not be precluded even though performed in conjunction with a duly licensed doctor of medicine."
and

TUESDAY, FEBRUARY 23, 1982

1231

inserting in lieu thereof the following:
"a person duly licensed to practice in this state under the provi sions of Title 43 of the Code of Georgia Annotated."

Senator Evans of the 37th asked unanimous consent to withdraw the amend ment, and the consent was granted.

On the adoption of the amendment offered by Senator Wessels of the 2nd, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Deal English Evans Fincher of 52nd

Fincher of 54th Foster Garner Gillis Greene Hill Howard Hudgins Kennedy Kidd Lester McKenzie

Reynolds Scott Starr Stumbaugh Summers Tate Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes Brantley Cobb Coleman Coverdell

Dean Eldridge Engram Holloway Horton

Those not voting were Senators:

Ballard Bell

Hudson McGill

Land Littlefield Sutton Thompson
Robinson Stephens

On the adoption of the amendment offered by Senator Wessels of the 2nd, the yeas were 36, nays 14, and the amendment was adopted.

Senators Evans of the 37th, Bond of the 39th, Stephens of the 36th and Tate of the 38th offered the following amendment:

Amend HB 616 by striking on Page 1 at line 6 the following: "and its insurer"

1232

JOURNAL OF THE SENATE
and substituting in lieu thereof the following: ", its insurer and the employees of the group policyholder"
and by striking on lines 21 and 22 of Page 1 the following: "and its insurer"
and substituting in lieu thereof the following: ", its insurer and the employees of the group policyholder.

On the adoption of the amendment offered by Senators Evans of the 37th, Bond of the 39th, Stephens of the 36th and Tate of the 38th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brown of 47th English Engram

Evans Fincher of 52nd Fincher of 54th Garner Greene Horton Hudgins Kidd

Those voting in the negative were Senators:

Brannon Brantley Broun of 46th Bryant Cobb Cole man Coverdell Deal Dean

Eldridge Foster Gillis Hill Holloway Kennedy Land McKenzie

Those not voting were Senators:

Ballard Bell Howard

Hudson McGill

Lester Littlefield Scott Summers Sutton Tate Timmons Trulock
Reynolds Starr Stumbaugh Thompson Turner Tysinger Walker Wessels
Robinson Stephens

On the adoption of the amendment offered by Senators Evans of the 37th, Bond of the 39th, Stephens of the 36th and Tate of the 38th, the yeas were 24, nays 25, and the amendment was lost.

TUESDAY, FEBRUARY 23, 1982

1233

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:

Cobb Kidd

McKenzie

Wessels

Those voting in the negative were Senators:

Allgood Barker Barnes Bond 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 Holloway Horton Howard Hudgins Kennedy Land

Those not voting were Senators:

Ballard Bell Fincher of 54th

Hudson McGill

Lester Littlefield Reynolds Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker
Robinson Stephens

On the passage of the bill, the yeas were 4, nays 45.
The bill, having failed to receive the requisite constitutional majority, was lost.
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 1:20 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

1234

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, February 24,1982 Twenty-fifth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Barnes of the 33rd moved that the Senate reconsider its action of February 23 in passing the following bill of the House:

HB 1359. By Representatives Vaughn of the 57th, Childs of the 51st, Richardson of the 52nd and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Rockdale Judicial Circuit, to be composed of the County of Rockdale.

On the motion, the President ordered a roll call, 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 Coverdell Eldridge English Engram

Evans Foster Garner Gillis Hill Holloway Horton Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie

Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Bond Deal Dean

Fincher of 52nd Fincher of 54th Greene

Howard Littlefield Robinson

WEDNESDAY, FEBRUARY 24, 1982

1235

On the motion, the yeas were 46, nays 0; the motion prevailed, and HB 1359 was reconsidered and placed at the foot of the Senate Rules Calendar today.

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 1661. By Representative Jones of the 78th:
A bill to amend an Act creating a new charter for the City of Milner, so as to change certain provisions relative to the time of election of the mayor and members of the city council.

HB 1662. By Representative Jones of the 78th:
A bill to place the coroner of Lamar County on an annual salary in lieu of a fee system.

HB 1663. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating the Tax Commissioner of Lamar County and providing for an annual salary, so as to change the compensation of the tax commissioner.

HB 1664. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act creating a Board of Commissioners of Bulloch County, so as to change the provisions relative to the compensation of the clerks.

HB 1665. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act placing the judge of the probate court of Bulloch County upon an annual salary, so as to change the compensation of the clerk.

HB 1666. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act creating the office of Tax Commissioner of Bulloch County, so as to change the compensation of the tax commis sioner's assistants.

1236

JOURNAL OF THE SENATE

HB 1667. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk's employees.

HB 1668. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act placing the Sheriff of Bulloch County upon an an nual salary, so as to change the compensation of the sheriff's deputies and office clerk.

HB 1672. By Representatives Darden and Thompson of the 19th, Aiken of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain costs in said court.

HB 1677. By Representatives Nix and Isakson of the 20th, Thompson of the 19th and others:
A bill to amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to change the qualifications of members of the Cobb County Civil Service Board; to change the provi sions relating to the election of candidates to said board in run-off elec tions.

HB 1679. By Representative Chamberlin of the 73rd:
A bill to amend an Act creating the Henry County Development Authori ty, so as to provide for the appointment of the members of the authority; to provide for the selection of the officers of the authority.

HB 1680. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing a new board of commissioners of Henry County, so as to change the description of the commissioner districts, to clarify that elections and terms under the newly described districts shall remain the same as under these districts as formerly described.

HB 1681. By Representative Chamberlin of the 73rd:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to provide for the membership of the authority.

WEDNESDAY, FEBRUARY 24, 1982

1237

HB 1368. By Representatives Shepard of the 67th, Parham of the 109th and Baugh of the 108th:
A bill to amend an Act providing for the control and operation of clinical laboratories, so as to change the qualifications of one member of the committee; to amend the Official Code of Georgia Annotated according-

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 705. By Representative Adams of the 79th: A resolution proposing an amendment to the Constitution so as to enlarge and expand upon the types and kinds of projects which the Thomaston-Upson County Industrial Development Authority may undertake and in which it may be engaged.
HR 713. By Representative Chamberlin of the 73rd: A resolution proposing an amendment to the Constitution so as to pro vide that certain capital improvements of new manufacturing establishments shall be exempt from certain county ad valorem taxes in Henry County.
The House has passed by the requisite constitutional majority the following bill of the Senate:
SB 631. By Senator Dean of the 31st: A bill to amend an Act placing certain officers of Polk County on an an nual salary in lieu of a fee system of compensation, as amended, so as to change the number of deputies to be employed by the sheriff.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 267. By Senator Dean of the 31st: A resolution proposing an amendment to the Constitution so as to in crease from two hundred dollars to five hundred dollars the civil jurisdic tion of justices of the peace in Polk County; to provide for the submission of this amendment for ratification or rejection.

1238

JOURNAL OF THE SENATE

The House has disagreed to the Senate substitute to the following bill of the House:

HB 1223. By Representatives Miles of the 107th, Cheeks of the 89th, Colbert of the 23rd and others:
A bill to amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, so as to continue the Board of Chiropractic Examiners and the laws relating thereto but to provide for the later termination of the board and such laws; to amend the Official Code of Georgia An notated accordingly.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 713. By Senators Gillis of the 20th, Robinson of the 27th, Cobb of the 28th and others:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving tractors, farm equipment and implements, or parts; to provide a policy statement; to provide defini tions; to provide for applicability; to provide that certain conduct is unlawful; to prohibit certain conduct and transactions; to provide an ef fective date.
Referred to Committee on Agriculture.

SB 714. By Senator Wessels of the 2nd:
A bill to amend an Act creating the Georgia Department of Labor, as amended, so as to create the Correctional Services Division; to provide for duties of the division; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain pro visions of this Act.
Referred to Committee on Special Judiciary.

SB 715. By Senators Stumbaugh of the 55th, Howard of the 42nd, Scott of the 43rd and others:
A bill to amend the "Stone Mountain Memorial Association Act," as amended, so as to provide that the Stone Mountain Memorial Association may invest and reinvest the association fund in certain specified obliga tions; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Appropriations.

WEDNESDAY, FEBRUARY 24, 1982

1239

SB 716. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a Small Claims Court for Hancock County, as amended, so as to change the provisions relating to the collection and utilization of court costs; to provide a salary for the judge of the small claims court in lieu of the fee system of compensation; to change the provisions relating to court costs.
Referred to Committee on County and Urban Affairs.

SB 717. By Senator Trulock of the 10th:
A bill to amend an Act providing for and assisting in statutory and Code revision by the repeal of certain obsolete and superseded laws based upon classifications of population, so as to delete the provision which repeals an Act providing for street improvements in municipalities hav ing a population of 600 or more, as amended, officially codified as Code Chapter 69-4.
Referred to Committee on Judiciary.

Senator Scott of the 43rd made the following motion:

Mr. President:

I move that the Senate grant me permission to introduce the following bill:

SB 718. By Senator Scott of the 43rd:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia An notated, relating to the jurisdiction and duties of the Georgia State Patrol, so as to provide that the primary responsibility for performing certain duties upon the interstate highways shall be that of the Uniform Division but to allow other law enforcement agencies to perform such duties; to provide an effective date.

I ask permission of the Senate because SB 514, involving the same subject mat ter, was previously rejected by the Senate.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Eldridge

English Engram Evans Foster Garner Gillis Hill

1240
Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

JOURNAL OF THE SENATE

McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Summers

Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Barnes Bond Deal

Dean Fincher of 52nd Fincher of 54th

Greene Littlefield McKenzie

On the motion, the yeas were 46, nays 1; the motion, having received the re quisite two-thirds majority, prevailed, and permission was granted.

SB 718 was introduced, read the first time and referred to the Committee on Public Safety.

SR 316. By Senators Cobb of the 28th, Foster of the 50th, Bryant of the 3rd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a local sales and use tax for education and to authorize the General Assembly to limit the ad valorem taxing power of school districts where a local sales and use tax is imposed; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1368. By Representatives Shepard of the 67th, Parham of the 109th, and Baugh of the 108th:
A bill to amend an Act providing for the control and operation of clinical laboratories, so as to change the qualifications of one member of the committee; to amend the Official Code of Georgia Annotated according-
iy.
Referred to Committee on Human Resources.

WEDNESDAY, FEBRUARY 24, 1982

1241

HB 1661. By Representative Jones of the 78th:
A bill to amend an Act creating a new charter for the City of Milner, so as to change certain provisions relative to the time of election of the mayor and members of the city council. Referred to Committee on County and Urban Affairs.

HB 1662. By Representative Jones of the 78th:
A bill to place the coroner of Lamar County on an annual salary in lieu of a fee system. Referred to Committee on County and Urban Affairs.

HB 1663. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating the Tax Commissioner of Lamar County and providing for an annual salary, so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 1664. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act creating a Board of Commissioners of Bulloch County, so as to change the provisions relative to the compensation of the clerks. Referred to Committee on County and Urban Affairs.

HB 1665. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act placing the judge of the probate court of Bulloch County upon an annual salary, so as to change the compensation of the clerk. Referred to Committee on County and Urban Affairs.

HB 1666. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act creating the office of Tax Commissioner of Bulloch County, so as to change the compensation of the tax commis sioner's assistants. Referred to Committee on County and Urban Affairs.

HB 1667. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk's employees. Referred to Committee on County and Urban Affairs.

1242

JOURNAL OF THE SENATE

HB 1668. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act placing the Sheriff of Bulloch County upon an an nual salary, so as to change the compensation of the sheriff's deputies and office clerk. Referred to Committee on County and Urban Affairs.

HB 1672. By Representatives Darden and Thompson of the 19th, Aiken of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain costs in said court. Referred to Committee on County and Urban Affairs.

HB 1677. By Representatives Nix and Isakson of the 20th, Thompson of the 19th and others:
A bill to amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to change the qualifications of members of the Cobb County Civil Service Board; to change the provi sions relating to the election of candidates to said board in run-off elec tions.
Referred to Committee on County and Urban Affairs.

HB 1679. By Representative Chamberlin of the 73rd:
A bill to amend an Act creating the Henry County Development Authori ty, so as to provide for the appointment of the members of the authority; to provide for the selection of the officers of the authority.
Referred to Committee on County and Urban Affairs.

HB 1680. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing a new board of commissioners of Henry County, so as to change the description of the commissioner districts; to clarify that elections and terms under the newly described districts shall remain the same as under these districts as formerly described.
Referred to Committee on County and Urban Affairs.

HB 1681. By Representative Chamberlin of the 73rd:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to provide for the membership of the authority. Referred to Committee on County and Urban Affairs.

WEDNESDAY, FEBRUARY 24, 1982

1243

HR 705. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to enlarge and expand upon the types and kinds of projects which the Thomaston-Upson County Industrial Development Authority may undertake and in which it may be engaged.
Referred to Committee on County and Urban Affairs.

HR 713. By Representative Chamberlin of the 73rd:
A resolution proposing an amendment to the Constitution so as to pro vide that certain capital improvements of new manufacturing establishments shall be exempt from certain county ad valorem taxes in Henry County.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:
Mr. President:
The 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 614. Do pass as amended. Respectfully submitted, Senator Lester of the 23rd District, Chairman
Mr. President:
The Committee on Consumer Affairs 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 661. Do pass by substitute. SB 696. Do pass.
Respectfully submitted, Senator Bond of the 39th District, Chairman

1244 Mr. President:

JOURNAL OF THE SENATE

The Committee on Human Resources 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 500. Do pass by substitute. SB 684. Do pass. HB 1074. Do pass. HB 1549. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Natural Resources and Environmental Quality 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 674. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The 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 705. Do pass. HB 1490. Do pass.
Respectfully submitted, Senator Timmons of the 11th District, Chairman

WEDNESDAY, FEBRUARY 24, 1982

1245

Mr. President:

The 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 78. Do pass by substitute. SB 548. Do pass by substitute.
Respectfully submitted, Senator Tate of the 38th District, Chairman

Mr. President:

The 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 535. Do pass by substitute.
Respectfully submitted, Senator Tate of the 38th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 588. Do pass. SB 589. Do pass. HB 1158. Do pass. HB 1240. Do pass.
Respectfully submitted, Senator Wessels of the 2nd District, Chairman

1246 Mr. President:

JOURNAL OF THE SENATE

The 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 1389. Do pass. HB 1557. 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 511. By Senators Garner of the 30th, Hill of the 29th, Cobb of the 28th and Barnesof the 33rd:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia, relating to invasions of privacy, so as to make it unlawful knowingly to publish or broadcast the name or identity of a person under the age of 17 years who has been or may have been the victim of a crime which con stitutes a felony without the written consent of a parent or legal guardian of such person.

SB 674. By Senator Kidd of the 25th:
A bill to amend Code Section 89-101, relating to persons ineligible to hold public office in this state, as amended, so as to change the provisions relating to members of components of the armed forces of the United States; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provi sions of this Act.

SB 675. By Senator Kidd of the 25th:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to provide a procedure for refunds of taxes paid where the note secured by the tax able instrument is rescinded pursuant to a right of recision granted by state or federal law; to provide for all related matters; to provide an effec tive date.

SB 677. By Senators Brannon of the 51st, Fincher of the 52nd and Deal of the 49th:
A bill to amend Code Section 45-16-4 of the Official Code of Georgia An notated, relating to bonds for coroners, so as to change the bond and surety requirement for coroners; to provide an effective date.

WEDNESDAY, FEBRUARY 24, 1982

1247

SB 678. By Senators Greene of the 26th and Robinson of the 27th:
A bill to amend Code Section 23-1705, relating to requirements of pay ment and performance bonds for public contracts, so as to change the provisions relating to exemption of contracts below a certain price; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 681. By Senators Robinson of the 27th, Howard of the 42nd, Starr of the 44th and others:
A bill to amend Chapter 2 of Title 43 of the Official Code of Georgia An notated, relating to review, continuation, and termination of regulatory agencies, so as to provide for performance audits; to provide for responses to certain performance audits; to provide for additional pro cedures relating thereto; to provide effective date.

SB 683. By Senators Barnes of the 33rd, Sutton of the 9th, Howard of the 42nd and others:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia An notated, relating to the conduct of meetings of state and local govern ment departments, agencies, and authorities, so as to completely revise and supersede said chapter; to provide an effective date.

SB 685. By Senator Kidd of the 25th:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia An notated, known as the Georgia Municipal Election Code, so as to change the provisions relating to the filing of the certified list of qualified voters with the city clerk; to change the procedures for voting by absentee ballot; to provide an effective date.
SB 689. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia An notated, known as the Georgia Election Code, so as to provide for the ap pointment, compensation, and duties of chief deputy registrars; to pro vide for each applicant to complete two registration cards and for the registrar of the municipality under certain circumstances; to change the procedures for voting by absentee ballot; to provide an effective date.
SB 699. By Senators Greene of the 26th, Barnes of the 33rd, Bowen of the 13th and others:
A bill to amend Code Section 68A-903, relating to homicide by vehicle, as amended, so as to change the provisions relating to homicide by vehicle; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

1248

JOURNAL OF THE SENATE

SB 700. By Senator Bowen of the 13th:
A bill creating a Small Claims Court in Dooly County, as amended, so as to change the jurisdiction of said court; to provide for a fee to the small claims court bailiffs for the execution of fi fas.

SB 701. By Senators Greene of the 26th and Ballard of the 45th:
A bill to amend Code Section 27-401, relating to persons who may hold courts of inquiry generally, so as to provide that judges of probate courts who are licensed attorneys at law may hold courts of inquiry; to amend the Official Code of Georgia Annotated accordingly; to provide for effec tive dates.

SB 703. By Senator Kidd of the 25th:
A bill to provide for a declaration of purpose; to define certain terms; to authorize all state agencies, boards, commissions, departments, and authorities to accept and process payroll deduction authorizations and deduct funds from salaries of officers and employees for contribution to eligible charitable health and human care organizations; to provide that such deductions be on a voluntary basis; to provide effective dates.

SB 706. By Senator Land of the 16th:
A bill to amend an Act providing preference for certain veterans in any civil service program established in state government or any political subdivision thereof, so as to provide certain preferences for retention of employees where there is a reduction in force involving the layoff or demotion of permanent employees in any part of the classified service of state government; to amend the Official Code of Georgia Annotated ac cordingly.
SR 274. By Senator Coverdell of the 40th:
A resolution creating the Hazardous Drivers Study Committee.
HB 1267. By Representatives Johnson of the 72nd, Matthews of the 145th, Lane of the 81st and others:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to remove the limitation from the compensation to be paid the secretary-treasurer of the Board of Commissioners of the Sheriffs' Retire ment Fund of Georgia; to amend the Official Code of Georgia Annotated accordingly.

WEDNESDAY, FEBRUARY 24, 1982

1249

HB 1281. By Representatives Childs of the 51st, Snow of the 1st, Burruss of the 21st and Edwards of the 110th:
A bill to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, so as to permit a spouse to use certain surnames when the use of the surnames is not with the intent to deprive another fraudulently of any right under the law; to amend the Official Code of Georgia Annotated accordingly.

HB 1300. By Representatives Ginsberg of the 122nd and Davis of the 124th:
A bill to amend the "Trial Judges and Solicitors Retirement Fund Act", so as to authorize certain members of the fund and local retirement plans to withdraw from membership in either the state fund or the local retire ment plan and withdraw their contributions; to amend the Official Code of Georgia Annotated accordingly.

HB 1345. By Representatives Ham of the 80th, Coleman of the 118th, Randall of the 101st and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia An notated, relating to sheriffs, so as to change the provisions relating to the investigation of charges against sheriffs; to provide procedures for suspending sheriffs under certain circumstances.

HB 1410. By Representatives Bishop of the 94th and Hamilton of the 31st:
A bill to amend Code Section 34-610, relating to the location of main of fice of board of registrars and registration of electors at main office and at other designated locations, so as to provide that certain places open to and frequented by the general public shall be deemed as appropriate per manent or temporary voter registration places; to amend the Official Code of Georgia Annotated accordingly.

HB 1413. By Representative Pinkston of the 100th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Department of Administrative Services, so as to provide for a bond for the director of the fiscal division; to provide for the general duties of the fiscal division.

HB 1470. By Representative Birdsong of the 103rd:
A bill to amend Code Section 34-603, relating to county registrars, their duties and compensation, so as to change the provisions relating to com pensation of registrars; to amend the Official Code of Georgia Annotated accordingly.

1250

JOURNAL OF THE SENATE

HB 1499. By Representative Colwell of the 4th:
A bill to amend Code Section 91-1 lOa, relating to the authority of the State Properties Commission to execute written contracts, so as to pro vide that a locational, dimensional, and directional sketch acceptable to the commission may be included in an application to lease state-owned lands; to amend the Official Code of Georgia Annotated accordingly.

HB 1509. By Representative Castleberry of the 111th:
A bill to amend Georgia Code Section 93-210, relating to the assessment of public service corporation fees in an amount sufficient to cover the operating cost of the Georgia Public Service Commission, so as to clarify the method used to determine the amount of such fees in certain cases; to amend the Official Code of Georgia Annotated accordingly.

HB 1532. By Representatives Scott of the 123rd, Hill of the 127th, Wilson of the 19th and others:
A bill to amend Code Section 34-508, relating to the compensation of poll officers, so as to provide minimum compensation for poll officers in all counties of this state having a population of 200,000 or more according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly.

HB 1551. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the offices of receiver and tax collec tor of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner.

HB 1564. By Representative Phillips of the 120th:
A bill to amend an Act creating the Board of Commissioners of Mont gomery County, so as to change the provisions relating to the election of members of the Board of Commissioners.

HB 1565. By Representative Phillips of the 120th:
A bill to amend an Act abolishing the offices of tax receiver and tax col lector of Wheeler County and creating the office of tax commissioner, so as to change the provisions relating to the compensation of certain employees of the tax commissioner.

HB 1566. By Representative Phillips of the 120th:
A bill to amend an Act providing for the employment of secretarial help for the Clerk of the Superior Court of Wheeler County, so as to change the provisions relating to the compensation of certain employees of the Clerk.

WEDNESDAY, FEBRUARY 24, 1982

1251

HB 1567. 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 certain employees of the sheriff.

HB 1568. By Representative Phillips of the 120th:
A bill to amend an Act abolishing the offices of tax receiver and tax col lector of Wheeler County and creating the office of tax commissioner, so as to change the provisions relative to the compensation of the tax com missioner.

HB 1569. By Representative Phillips of the 120th:
A bill to provide for the composition of the Board of Education of Wheeler County; to provide for the election and terms of office of the members of the board; to provide for filling vacancies on the board.

HB 1570. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating a board of commissioners for Lowndes County, so as to change the composition and manner of selection of said board.

HB 1599. By Representatives Bargeron of the 83rd and Godbee of the 82nd:
A bill to amend an Act relating to the compensation of the coroner of Burke County, so as to provide an expense allowance for the coroner.

HB 1612. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A bill to amend an Act creating a Small Claims Court for Lowndes Coun ty, so as to change the jurisdiction of said court.

HB 1623. By Representative Hanner of the 130th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Terrell County into the single office of tax commis sioner of Terrell County, so as to change the compensation of the tax commissioner.

HB 1629. By Representative Karrh of the 106th:
A bill to amend an Act creating and establishing a small claims court in and for Jenkins County, so as to change the fee for filing a claim or action in said court; to provide that a certain portion of the filing fees shall be remitted to the county to defray the operational expenses of the court.

1252

JOURNAL OF THE SENATE

HR 562. By Representatives Ware of the 68th, Murphy of the 18th, Lambert of the 112th and others:
A resolution relative to the cost of the State Health Benefit Plan.

HR 591. By Representative Dover of the 11th:
A resolution proposing an amendment to the Constitution so as to authorize the use by the Habersham County School District of the pro ceeds of any local sales and use tax levied within Habersham County.

HR 619. By Representative Jones of the 126th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to Union Camp Cor poration, a Virginia corporation authorized to do business in Georgia, its successors and assigns, a mineral lease pertaining to certain property owned or claimed by the state, situate in the Savannah River, Chatham County, Georgia.

HR 640. By Representatives Smith and Moore of the 152nd:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption in an amount of $4,000.00 from all county and county school ad valorem taxes for residents of Camden County.

HR 669. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A resolution proposing an amendment to the Constitution so as to in crease the jurisdiction of civil cases over which Justices of the Peace of Lowndes County shall have jurisdiction.

HR 670. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A resolution proposing an amendment to the Constitution so as to pro vide that the board of commissioners of Lowndes County shall have the right and power to assess and collect license fees and taxes from all per sons, firms, and corporations doing business in the unincorporated area of Lowndes County.

HR 671. By Representatives Ramsey of the 3rd and Williams and Foster of the 6th:
A resolution proposing an amendment to the Constitution so as to authorize the board of commissioners of Whitfield County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Whitfield County paid in whole or in part by county funds, other than elected and certain ap pointed officials.

WEDNESDAY, FEBRUARY 24, 1982

1253

HR 698. By Representative Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to in crease the dollar amount of civil cases over which the justices of the peace of Schley County shall have jurisdiction.

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 664. By Senator Bryant of the 3rd:
A bill creating a new charter for the Town of Pooler, as amended, so as to extend the corporate limits of the Town of Pooler.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend SB 664 by inserting in line 5 on Page 1 immediately preceding the phrase "to repeal conflicting laws;" the following:
"to maintain the present zoning of property added to the cor porate limits;".
By striking the quotation mark where it appears immediately follow ing the word "beginning" in line 31 on Page 11 and by adding between lines 31 and 32 on Page 11 a new paragraph to read as follows:
"The zoning in effect in Chatham County for the property added to the corporate limits of the Town of Pooler by the foregoing provi sions of this subsection shall remain in full force and effect."

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.

SB 686. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to amend an Act creating a system of public schools for the City of Marietta, as amended, so as to change the time at which members of the board of education are appointed.

1254

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 688. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to be known as the "South Cobb Development Authority Act"; to create the "South Cobb Development Authority"; to provide the powers and duties of the authority, including the power to issue revenue bonds; to define the area of operations of the authority within Cobb County; to declare the purposes of the authority to develop and trade, commerce, and industry; 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.

SB 690. By Senator Littlefield of the 6th:
A bill to amend an Act abolishing the present mode of compensating the sheriff of Brantley County known as the fee system and placing him on a salary, as amended, so as to change the provisions relating to personnel and equipment of the sheriff's office; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 691. By Senator Littlefield of the 6th:
A bill to amend an Act placing the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Brantley County upon an annual salary, as amended, so as to change the provisions relating to personnel of said officers; to provide an effective date.

WEDNESDAY, FEBRUARY 24, 1982

1255

The report 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 692. 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 the provisions relating to the com pensation of the sheriff and deputies and other personnel of the sheriff; to change the provisions relating to automobiles and other expenses for the sheriff's office; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 698. By Senator Foster of the 50th:
A bill to create a new charter for the City of Dahlonega in the County of Lumpkin; to provide for incorporation; to provide for corporate boun daries; to provide for specific and general powers and the construction and exercise thereof; to provide for a governing body, its form and members, their terms, qualifications, compensation and expenses; to provide for vacancy, forfeiture, filling of vacancy, prohibitions, inquiries and investigations.

Senator Foster of the 50th offered the following amendment:

Amend SB 698 by deleting on Page 36, line 8, the word "Resolu tions" and inserting in lieu thereof the following:
"Regulations".

On the adoption of the amendment, the yeas were 50, the nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

1256

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 1360. By Representative Edwards of the 110th:
A bill to change the terms of the Superior Court of Taylor County in the Chattahoochee Judicial Circuit; to amend the Official Code of Georgia Annotated accordingly.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 1360 by striking from lines 10 and 11 of Page 1 the following:
"first Monday in February and the first Monday in August",'
and inserting in its place the following: "second Mondays in February, June, and October".
By striking from lines 18 and 19 of Page 1 the following: " '(F) Taylor County--First Monday in February and August.' ",
and inserting in its place the following: " '(F) Taylor County--Second Mondays in February, June, and
October.' "

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.

WEDNESDAY, FEBRUARY 24, 1982

1257

HB 1440. By Representatives Richardson of the 52nd, Robinson of the 58th, Steinberg of the 46th and others:
A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, so as to change the corporate limits of the City of Decatur, 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 1523. By Representative Chance of the 129th:
A bill to amend an Act creating a new charter for the Town of Rincon, so as to provide for the manner of filling a vacancy in the office of mayor or councilperson.

The report 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 1596. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Dawson County on an annual salary, so as to change the method of determining the annual salary of the deputy clerk of the superior court and the clerk 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.

1258

JOURNAL OF THE SENATE

HB 1575. By Representatives Colwell and Twiggs of the 4th:
A bill to provide an annual salary for the Tax Commissioner of Union County in lieu of all fees.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1575:

A BILL
To be entitled an Act to provide an annual salary for the Tax Com missioner of Union County in lieu of all fees; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the pay ment of the operating expenses of said office; to provide for the employ ment of necessary personnel by said officer; to provide for the compensa tion for such personnel; to provide an effective date; to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Union County and creating the office of Tax Commissioner, approved February 9, 1949 (Ga. L. 1949, p. 325), as amended, particularly by an Act approved February 20, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2502), and by an Act approved April 5, 1961 (Ga. L. 1961, p. 3481), so as to delete the provi sion providing for the compensation of the tax commissioner and person nel for said office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) The Tax Commissioner of Union County shall receive an annual salary of $18,000.00, payable in equal monthly installments or payable twice monthly in equal installments, at the discretion of the governing authority of Union County, from county funds.
(b) Effective on January 1, 1985, the salary provided for by subsec tion (a) of this section shall be increased by five percent. Thereafter, the salary of the tax commissioner shall be increased by five percent for each four-year period with each such increase becoming effective on the first day of January immediately following the election of said officer for a full four-year term.
Section 2. (a) After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for Union County as public monies, and shall pay the same into the county treasury on or before the fifteenth day of each month next following the close of each calendar quarter. At the time of each such quarterly pay ment into the county treasury, the tax commissioner shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding calendar quarter by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.

WEDNESDAY, FEBRUARY 24, 1982

1259

(b) It is specifically provided that the annual salary provided for the tax commissioner by this Act shall be in lieu of all payments of any kind formerly allowed to the tax commissioner, including commissions for collecting taxes in excess of a percentage of the tax digest and including fees as an agent of the State Revenue Commissioner.
(c) Any fees, commissions, or costs formerly allowed to the tax com missioner which were due but uncollected on the effective date of this Act shall, when collected, be payable to the tax commissioner as com pensation.
Section 3. (a) The tax commissioner shall be authorized to employ assistants as follows:
(1) One assistant whose compensation shall not exceed $10,800.00 per annum.
(2) One assistant whose compensation shall not exceed $9,600.00 per annum.
(b) The compensation of personnel provided for by subsection (a) of this section shall be fixed by the tax commissioner and shall be paid in equal monthly installments or twice monthly in equal installments, at the discretion of the governing authority of Union County, from the funds of Union County. With the approval of the governing authority of Union County, the compensation of either of the assistants may be increased to an amount not exceeding $ 14,400.00 per annum.
(c) Upon the recommendation of the tax commissioner, the govern ing authority of Union County may authorize said officer to employ per sonnel in addition to those provided by subsection (a) of this section, either on a part-time or full-time basis. Subject to the approval of the governing authority of Union County, the tax commissioner shall fix the compensation of such additional personnel which shall be paid from the funds of Union County.
(d) It shall be within the sole power of the tax commissioner, during said officer's term of office, to designate and name the person or persons who shall be employed by such officer and to prescribe the duties and assignments of such employees and to remove or replace any of such employees at will and within the sole discretion of said officer.
Section 4. The necessary operating expenses of the tax commis sioner's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said of fice, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such re quirements shall be at the sole discretion of the governing authority of Union County.

1260

JOURNAL OF THE SENATE

Section 5. 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 6. An Act abolishing the offices of Tax Collector and Tax Receiver of Union County and creating the office of Tax Commissioner, approved February 9, 1949 (Ga. L. 1949, p. 325), as amended, particular ly by an Act approved February 20, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2502), and by an Act approved April 5, 1961 (Ga. L. 1961, p. 3481), is amended by repealing Section 10 thereof in its entirety.
Section 7. All laws and parts of laws in conflict with this Act are 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 1576. By Representatives Colwell and Twiggs of the 4th:
A bill to provide an annual salary for the Clerk of the Superior Court of Union County in lieu of fees.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1576:

A BILL
To be entitled an Act to provide that the Clerk of the Superior Court of Union County shall continue to be compensated on the fee basis of compensation until a certain date when said officer shall receive a salary in lieu of fees; to provide for certain personnel for the clerk and for the payment of such personnel from county funds; to provide an annual salary for the Clerk of the Superior Court of Union County in lieu of fees; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to pro vide for the employment of necessary personnel by said officer; to pro vide for the compensation for such personnel; to provide effective dates; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 24, 1982

1261

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Until January 1, 1985, when the Clerk of the Superior Court of Union County is placed on an annual salary in lieu of fees as provided in Part 2 of this Act, said officer shall continue to be compen sated on the fee basis of compensation and shall continue to receive all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, emoluments, and perquisities provided by law for clerks of the superior courts who are on the fee basis of compensation.
Section 2. (a) The clerk shall be authorized to employ deputies and other employees as follows:
(1) Two deputies whose compensation for each shall not exceed $12,000.00 per annum.
(2) One part-time employee who may be compensated not exceeding $800.00 per month.
(b) The compensation of personnel provided for by subsection (a) of this section shall be fixed by the clerk and shall be paid in equal monthly installments or twice monthly in equal installments, at the discretion of the governing authority of Union County, from the funds of Union Coun ty. With the approval of the governing authority of Union County, the compensation of the deputies may be increased to an amount not ex ceeding $ 14,400.00 per annum.
(c) Upon the recommendation of the clerk, the governing authority of Union County may authorize the clerk to employ personnel in addition to those provided by subsection (a) of this section, either on a part-time or full-time basis. Subject to the approval of the governing authority of Union County, the clerk shall fix the compensation of such additional personnel which shall be paid from the funds of Union County.
(d) It shall be within the sole power of the clerk, during said officer's term of office, to designate and name the person or persons who shall be employed by such officer and to prescribe the duties and assignments of such employees and to remove or replace any of such employees at will and within the sole discretion of said officer. It is specifically provided that the funds necessary to pay the compensation of personnel pursuant to this Section shall be paid from the funds of Union County and not from funds received by the clerk pursuant to Section 1 of this Act.
Part 2
Section 3. (a) Effective January 1, 1985, the Clerk of the Superior Court of Union County shall receive an annual salary of $20,000.00, payable in equal monthly installments or payable twice monthly in equal installments, at the discretion of the governing authority of Union Coun ty, from county funds.

1262

JOURNAL OF THE SENATE

(b) Effective on January 1, 1989, the salary provided for by subsec tion (a) of this section shall be increased by five percent. Thereafter the salary of the clerk shall be increased by five percent for each four-year period with each such increase becoming effective on the first day of January immediately following the election of said officer for a full fouryear term.
Section 4. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for Union County as public moneys, and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such of ficer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 5. (a) The clerk shall be authorized to employ deputies and other employees as follows:
(1) Two deputies whose compensation for each shall not exceed $ 12,000.00 per annum.
(2) One part-time employee who may be compensated not exceeding $800.00 per month.
(b) The compensation of personnel provided for by subsection (a) of this section shall be fixed by the clerk and shall be paid in equal monthly installments or twice monthly in equal installments, at the discretion of the governing authority of Union County, from the funds of Union Coun ty. With the approval of the governing authority of Union County, the compensation of the deputies may be increased to an amount not ex ceeding $ 14,400.00 per annum.
(c) Upon the recommendation of the clerk, the governing authority of Union County may authorize the clerk to employ personnel in addition to those provided by subsection (a) of this section, either on apart-time or full-time basis. Subject to the approval of the governing authority of Union County, the clerk shall fix the compensation of such additional personnel which shall be paid from the funds of Union County.
(d) It shall be within the sole power of the clerk, during said officer's term of office, to designate and name the person or persons who shall be employed by such officer and to prescribe the duties and assignments of such employees and to remove or replace any of such employees at will and within the sole discretion of said officer.
Section 6. The necessary operating expenses of the clerk's office, ex pressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All sup plies, materials, furnishings, furniture, utilities, and equipment and the

WEDNESDAY, FEBRUARY 24, 1982

1263

repair, replacement, and maintenance thereof, as may be reasonably re quired in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Union County.

Parts
Section 7. Part 1 of 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 approval. Part 2 of this Act shall become effective on January 1, 1985.
Section 8. All laws and parts of laws in conflict with this Act are 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 1577. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and pro viding an annual salary for said officer, so as to change the provisions relative to the compensation of said officer.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1577:

A BILL
To be entitled an Act to amend an Act abolishing the method of com pensating the Judge of the Probate Court of Union County known as the fee system and providing an annual salary for said officer, approved February 27, 1970 (Ga. L. 1970, p. 2182), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2703) and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3868), so as to change the provisions relative to the compensation of said officer; to provide an effective date; to repeal con flicting laws; and for other purposes.

1264

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, approved February 27, 1970 (Ga. L. 1970, p. 2182), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2703) and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3868), is amended by striking subsection (a) of Section 1 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The Judge of the Probate Court of Union County shall receive an annual salary of $21,000.00 which shall be paid in equal monthly installments or twice monthly in equal installments, at the discretion of the governing authority of Union County, from the funds of Union County. Effective on January 1, 1985, the salary provided for herein shall be increased by five percent. Thereafter the salary of the Judge of the Probate Court shall be increased by five percent for each fouryear period with each such increase becoming effective on the first day of January immediately following the election of said officer for a full four-year term."
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 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 1578. 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 relating to the compensation of the sheriff.

WEDNESDAY, FEBRUARY 24, 1982

1265

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1578:

A BILL
To be entitled an Act to amend an Act providing a salary for the Sheriff of Union County in lieu of the fee system, approved March 11, 1968 (Ga. L. 1968, p. 2264), as amended, so as to change the provisions relating to the compensation of the sheriff; to change the provisions relating to personnel employed by the sheriff; 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 a salary for the Sheriff of Union County in lieu of the fee system, approved March 11, 1968 (Ga. L. 1968, p. 2264), as amended, is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The sheriff shall receive an annual salary of $20,000.00 payable in equal monthly installments or twice each month in equal installments, at the discretion of the governing authority of Union County, from the funds of Union County.
(b) Effective on January 1, 1985, the salary provided for by subsection (a) of this section shall be increased by five percent. Thereafter, the salary of the sheriff shall be increased by five percent for each four-year period with each such increase becoming effective on the first day of January immediately following the election of said officer for a full four-year term."
Section 2. Said Act is further amended by striking Section 4 in its en tirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The sheriff shall be authorized to employ deputies and other employees as follows:
(1) One chief deputy whose compensation shall not exceed $12,000.00 per annum.
(2) Two additional deputies whose compensation for each shall not exceed $ 10,800.00 per annum.
(3) Two jailers whose compensation for each shall not exceed $10,800.00 per annum.
(4) One secretary whose compensation shall not exceed $9,600.00 per annum.
(5) One additional employee whose compensation shall not ex ceed $7,200.00 per annum.

1266

JOURNAL OF THE SENATE

(b) The compensation of personnel provided for by subsection (a) of this section shall be fixed by the sheriff and shall be paid in equal monthly installments or twice each month in equal installments, at the discretion of the governing authority of Union County, from the funds of Union County. With the approval of the governing authority of Union County, the compensation of the chief and each of the other deputies may be increased to an amount not exceeding $ 16,800.00 per annum, and the compensation of other personnel provided for by subsection (a) of this section may be increased to an amount not ex ceeding $ 12,000.00 per annum.
(c) Upon the recommendation of the sheriff, the governing authority of Union County may authorize the sheriff to employ per sonnel in addition to those provided by subsection (a) of this section, either on a part-time or full-time basis. Subject to the approval of the governing authority of Union County, the sheriff shall fix the compen sation of such additional personnel which shall be paid from the funds of Union County.
(d) It shall be within the sole power of the sheriff, during said of ficer's term of office, to designate and name the person or persons who shall be employed by such officer and to prescribe the duties and assignments of such employees and to remove or replace any of such employees at will and within the sole discretion of each respective of ficer."
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 repealed.

On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Barker

Bell Bowen Brannon

Brantley Bryant Coleman

WEDNESDAY, FEBRUARY 24, 1982

1267

Coverdell 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 McGill McKenzie Reynolds

Those not answering were Senators:

Barnes Bond Broun of 46th Brown of 47th

Cobb Deal Littlefield

Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker
Timmons Trulock Wessels

Senator Summers of the 53rd introduced the chaplain of the day, Reverend George Mikell, pastor of the Second Baptist Church, LaFayette, Georgia, who of fered scripture reading and prayer.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 739. By Representative Auten of the 154th: A bill to amend Code Section 68-221, relating to licensure and registra tion of motor vehicles by nonresidents, so as to provide for definitions; to exempt certain persons from certain registration requirements for motor vehicles.
HB 1207. By Representatives Johnson, Lee, Benefield of the 72nd and others: A bill to amend Code Chapter 84-14, relating to real estate brokers and salespersons, so as to provide limitations upon certain actions; to provide for the continuation of the Georgia Real Estate Commission and the laws relating thereto but to provide for the later termination of such commis sion and laws; to amend the Official Code of Georgia Annotated accord ingly.

1268

JOURNAL OF THE SENATE

HB 1336. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Of fender Rehabilitation and to prisons, public works camps and prisoners, so as to change the responsibility for the payment of certain medical costs incurred by certain inmates; to amend the Official Code of Georgia Annotated accordingly.

HB 1335. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to provide for a statement of purpose; to provide for the declaration of an emergency with regard to jail and prison overcrowding by the Governor; to provide for the release of state prison inmates by the State Board of Pardons and Paroles without regard to time-served re quirements; to amend the Official Code of Georgia Annotated according-

The following resolution of the Senate was read and adopted:
SR 317. By Senators Howard of the 42nd and Brown of the 47th: A resolution expressing sympathy at the passing of Jules S. Terry, M.D.

SENATE RULES CALENDAR
Wednesday, February 24, 1982
TWENTY-FIFTH LEGISLATIVE DAY
SB 560. Superior Court Clerks' Retirement--time limit for application for eligibility (SUBSTITUTE) (Ret-25th)
SB 640. Workers' Compensation Group Self-Insurance--involuntary ter mination of member (IL&Tou--45th)
HB 456. Corporate Takeovers--registration statements not for public in spection (SUBSTITUTE) (S Judy-2nd)
HB 1202. Group Life Insurance Policy--increase maximum coverage for dependents (BF&I--23rd)
HB 1283. Controlled Substances-Felony--unlawful to use communication facility in committing (Pub Saf--28th)
HB 1284. Crime Information Center--define "career criminal" (Pub Saf-- llth)
HB 1285. Fingerprints of Child 13 or More Years of Age--filed by law en forcement officers (Pub Saf--30th)
HB 1349. Controlled Substances--redefine "counterfeit substance" (Pub Saf-28th)

WEDNESDAY, FEBRUARY 24, 1982

1269

HB 1387. Division of Vocational Rehabilitation--change name to Division of Rehabilitation Services (AMENDMENT) (Hum R-42nd)
HB 1554. Habitual Violator--redefine (Trns--30th)
SB 622. "The Economic Rehabilitation Act of 1975"--clarify purpose (SUBSTITUTE) (AMENDMENT) (GovOp-18th)
HB 1359. Rockdale Judicial Circuit-create (AMENDMENT) (Judy-45th)
Respectfully submitted,
I si Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

Lieutenant Governor Miller introduced The Honorable Reuben Askew, former Governor of the State of Florida, who briefly addressed the Senate.

The following general bill of the Senate, having been read the third time on February 11 and postponed until February 15, committed to Committee on Retire ment on February 16, and favorably reported by the committee, was put upon its passage:
SB 560. 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 relative to eligibility and creditable service by providing a time by which applications must be made; to provide for late charges for delinquent contributions; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date.

The following fiscal note, as required by law, was read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Horace Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 25, 1982

SUBJECT: Fiscal Note-Senate Bill 560 (SB 560/4) Superior Court Clerks' Retirement Fund

This Bill would increase the penalty for late remittance of employee contributions from 6% to 10% or $5, whichever is greater. This Bill would also limit the credit received for service performed as clerk to the

1270

JOURNAL OF THE SENATE

six months prior to the time application for membership in the retire ment fund is made and would give credit for military or deputy clerk ser vice only if such credit was sought at the time of application. Current law does not provide for limiting the amount of credit received for service as clerk or for restricting the time when credit for military or deputy clerk service can be obtained. Credit for prior service can now be received whenever employee contributions for the period of prior service are paid. No interest is charged on contributions used to claim prior service credit.

Since the total amount of late charges currently being paid into the fund by superior court clerks is minimal, the fiscal impact of changes in the penalty would be insignificant. The fiscal impact of the prior service provision cannot be determined without an actuarial study. This provi sion would have a positive impact on the system since contributions for prior service credit would be paid upon entry into the system and thus be available for investment for a longer period of time.

It should be noted that this Bill amends current law but does not pro vide for a corresponding revision of the proposed Official Code of Georgia Annotated which is scheduled to become effective November 1, 1982.

Is/ William M. Nixon State Auditor

/s/ Clark T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to SB 560:
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. L. 1952, p. 238), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 332), an Act approv ed March 3, 1964 (Ga. L. 1964, p. 202), an Act approved March 7, 1966, (Ga. L. 1966, p. 222), and an Act approved April 9, 1981 (Ga. L. 1981, p. 857), so as to change the provisions relative to eligibility and creditable service by providing a time by which applications must be made; to pro vide for late charges for delinquent contributions; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved December 18, 1953

WEDNESDAY, FEBRUARY 24, 1982

1271

(Ga. L. 1953, Nov.-Dec. Sess., p. 332), an Act approved March 3, 1964 (Ga. L. 1964, p. 202), an Act approved March 7, 1966 (Ga. L. 1966, p. 222), and an Act approved April 9, 1981 (Ga. L. 1981, p. 857), is amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to 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 board. He shall pay a monthly sum into the fund which shall be either five percent of the money received for official services as clerk, or $36.00 per month, whichever is the smaller sum. In computing the above percentage, the clerk shall be allowed to deduct any sums which he must expend for the operation of this office so that said five percent shall be based on his net income from said office. All clerks who made 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 con trary notwithstanding, any clerk receiving as net income for his ser vices the sum of $8,640.00 or more per annum shall, in order to par ticipate 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 remittances 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 not withstanding, 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 five percent of the sum which he receives for each year. If the sum paid in by such clerk through monthly remittances does not amount to such five percent, 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 days from the date such payment shall be due, there shall also be due a late charge, which late charge shall be in terest from the due date computed at ten percent per annum, or the sum of $5.00, whichever is the greater amount. In the event of such delinquency, in order to be eligible to receive any benefits provided by this law, a clerk must remit with such delinquent payments the late charge as provided for herein."
Section 2. Said Act is further amended by adding a new section im mediately following Section 9E, to be designated Section 9F, to read as follows:
"Section 9F. (a) Notwithstanding any other provision of this Act to the contrary, a clerk may not receive credit for retirement purposes for any service performed as a clerk prior to six months from the time application is made for membership in the fund.

1272

JOURNAL OF THE SENATE

(b) Notwithstanding any other provision of this Act to the con trary, a clerk may not receive credit for retirement purposes for depu ty clerk service or for military service unless such credits are sought at the time of application for membership in the fund.''
Part 2
Section 3. Chapter 14 of Title 47 of the Official Code of Georgia An notated, relating to the Superior Court Clerks' Retirement Fund of Georgia, is amended by striking in its entirety Code Section 47-14-40, which reads as follows:
"47-14-40. (a) In order to participate in the benefits under this chapter, a clerk shall make application to the fund upon blanks to be furnished for that purpose by the board, giving such information as the board may require. Each clerk who makes application and is ac cepted for membership in the fund shall furnish the board with a statement under oath of his monthly earnings and shall remit to the board, not later than the tenth day of each subsequent month, the amount due under subsection (b) of this Code section.
(b) Each member shall pay a monthly sum into the fund, which sum shall be either 5 percent of the money received in that month for official services as clerk or $36.00 per month, whichever is the smaller sum. In computing the above percentage, the clerk shall be allowed to deduct any sums which he must expend for the operation of his office, so that the 5 percent figure shall be based on his net in come from such office. Any other provisions of this Code 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 chapter, 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 remittances does not amount to $432.00 he shall pay the sum necessary to make up the difference on or before January 20 of the following year. Any other provisions of this Code section to the contrary notwithstanding, any clerk receiving as net income for his services a sum less than $8,640.00 per annum shall, in order to participate in the benefits provided in this chapter, pay into the fund a total amount of not less than 5 percent of the sum which he receives for each year. If the sum paid in by such clerk through monthly remittances does not amount to such 5 percent, he shall pay the sum necessary to make up the difference on or before January 20 of the following year.
(c) If any payment required to be made to the fund by a clerk re mains unpaid 90 days from the date such payment is due, such pay ment shall bear interest from the due date at the rate of 6 percent per annum. In the event of such delinquency, in order to be eligible to receive any benefits under this chapter, a clerk must remit such delin quent payment with such interest.
(d) No payments shall be made to the board earlier than for the month of April, 1952.",

WEDNESDAY, FEBRUARY 24, 1982

1273

and inserting in lieu thereof a new Code Section 47-14-40 to read as follows:
"47-14-40. (a) Any clerk, in order to participate in the benefits pro vided for in this chapter, shall make application to the Superior Court Clerks' Retirement Fund of Georgia upon blanks to be furnished for that purpose by the board, giving such information as may be re quired by the board. He shall pay a monthly sum into the fund which shall be either 5 percent of the money received for official services as clerk or $36.00 per month, whichever is the smaller sum. In com puting the above percentage, the clerk shall be allowed to deduct any sums which he must expend for the operation of this office so that said 5 percent shall be based on his net income from said office. All clerks who made 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. However, any other provisions of this Code 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 chapter, 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 remittances does not amount to $432.00, he shall pay the sum necessary to make up the difference on or before the twentieth day of January of the following year; provid ed, however, that, any other provisions of this Code 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 par ticipate in the benefits provided in this chapter, pay into the fund a total amount of not less than 5 percent 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 percent, he shall pay the sum necessary to make up the difference on or before the twentieth day of January of the following year.
(b) If any payments required to be made to the fund by a clerk shall remain unpaid 90 days from the date such payment shall be due, there shall also be due a late charge, which late charge shall be in terest from the due date computed at 10 percent per annum or the sum of $5.00, whichever is the greater amount. In the event of such delinquency, in order to be eligible to receive any benefits provided by this chapter, a clerk must remit with such delinquent payments the late charge as provided for herein."
Section 4. Said chapter is further amended by adding immediately following Code Section 47-14-76 a new Code section, to be designated Code Section 47-14-77, to read as follows:
"47-14-77. (a) Notwithstanding any other provision of this chapter to the contrary, a clerk may not receive credit for retirement purposes for any service performed as a clerk prior to six months from the time application is made for membership in the fund.

1274

JOURNAL OF THE SENATE

(b) Notwithstanding any other provision of this chapter to the con trary, a clerk may not receive credit for retirement purposes for depu ty clerk service or for military service unless such credits are sought at the time of application for membership in the fund."
Parts
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective October 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Culver Kidd, Chairman

Governmental Operations Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 12, 1982

SUBJECT: Fiscal Note--Senate Bill 560 Substitute (LC105080S-SCS)
Superior Court Clerks' Retirement Fund

The provisions of this substitute Bill are identical to those of the original but the Bill has been redrafted to amend the proposed Official Code of Georgia Annotated (effective November 1, 1982) as well as the current statutes.

The Bill would increase the penalty for late remittance of employee contributions from 6% to 10% or $5, whichever is greater. This Bill would also limit the credit received for service performed as clerk to the six months prior to the time application for membership in the retire ment fund is made and would give credit for military or deputy clerk ser vice only if such credit was sought at the time of application. Current law does not provide for limiting the amount of credit received for service as clerk or for restricting the time when credit for military or deputy clerk service can be obtained. Credit for prior service can now be received whenever employee contributions for the period of prior service are paid. No interest is charged on contributions used to claim prior service credit.

WEDNESDAY, FEBRUARY 24, 1982

1275

Since the total amount of late charges currently being paid into the fund by superior court clerks is minimal, the fiscal impact of changes in the penalty would be insignificant. The fiscal impact of the prior service provision cannot be determined without an actuarial study. This provi sion would have a positive impact on the system since contributions for prior service credit would be paid upon entry into the system and thus be available for investment for a longer period of time.

1st W. M. Nixon State Auditor

1st C. T. Stevens, Director Office of Planning and Budget

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 Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincherof 52nd Fincher of 54th Foster Garner Greene Hill Hollo way Horton Howard Hudgins Kennedy Kidd Land

Those not voting were Senators:

Bond Brown of 47th Gillis

Hudson Reynolds Robinson

Lester Littlefield McGill McKenzie Scott Starr Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Stephens Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

1276

JOURNAL OF THE SENATE

Senator Allgood of the 22nd introduced the doctor of the day, Dr. Tom Douglas, of Sea Island, Georgia.

The following bills of the House were read the first time and referred to com mittees:

HB 739. By Representative Auten of the 154th:
A bill to amend Code Section 68-221, relating to licensure and registra tion of motor vehicles by nonresidents, so as to provide for definitions; to exempt certain persons from certain registration requirements for motor vehicles.
Referred to Committee on Transportation.

HB 1207. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salespersons, so as to provide limitations upon certain actions; to provide for the continuation of the Georgia Real Estate Commission and the laws relating thereto but to provide for the later termination of such commis sion and laws; to amend the Official Code of Georgia Annotated accord ingly.
Referred to Committee on Industry, Labor and Tourism.

HB 1335. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to provide for a statement of purpose; to provide for the declaration of an emergency with regard to jail and prison overcrowding by the Governor; to provide for the release of state prison inmates by the State Board of Pardons and Paroles without regard to time-served re quirements; to amend the Official Code of Georgia Annotated according-
iy-
Referred to Committee on Offender Rehabilitation.

HB 1336. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Of fender Rehabilitation and to prisons, public works camps and prisoners, so as to change the responsibility for the payment of certain medical costs incurred by certain inmates; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Offender Rehabilitation.

WEDNESDAY, FEBRUARY 24, 1982

1277

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 640. By Senator Ballard of the 45th:
A bill to amend Code Section 114-607a, relating to the termination and withdrawal of members participating in group self-insurance funds for workers' compensation purposes, so as to clarify the provisions relating to involuntary termination of a member; to amend the Official Code of Georgia Annotated accordingly; to make a certain editorial revision in the Official Code of Georgia Annotated; to provide 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, 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 Fincherof 52nd Fincher of 54th Foster Garner Greene Hollo way Horton Howard Hudgins Kennedy Kidd Land Lester

Those not voting were Senators:

Bond Brown of 47th Gillis

Hill Hudson Reynolds

Littlefield McGill McKenzie Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Stephens Timmons

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

1278

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Wessels of the 2nd.

The Senate Committee on Special Judiciary offered the following substitute to HB 456:

A BILL
To be entitled an Act to amend Code Chapter 22-19, relating to cor porate 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 circumstances; to amend the Official Code of Georgia Annotated accord ingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 22-19, relating to corporate takeovers, is hereby amended by adding a new subsection ji) at the end of Code Sec tion 22-1902 to read as follows:
"(i) The commissioner shall treat as confidential and not subject to public inspection each registration statement, including all amend ments with respect thereto, filed pursuant to subsection (b) until such time as the registration statement becomes effective or has been aban doned, unless he shall determine that such treatment is not consistent with public interest, in which case he may make public such of the fil ed information as he may deem necessary for the protection of public interest."
Section 2. Said Code chapter is further amended by striking subsec tion (a) of Code Section 22-1907 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any formal hearing held pursuant to the provisions of this chapter shall be conducted in accordance with the provisions of Sec tion 17 of the 'Georgia Securities Act of 1973,' as now or hereafter amended. Notwithstanding the provisions of Section 17 or any other provision of law, each such hearing shall be conducted in private and shall not be open to the public, and the record made therein shall be treated as confidential and shall not be open to public inspection until filed information which is the subject of such hearing is made public pursuant to subsection ji) of Code Section 22-1902."

WEDNESDAY, FEBRUARY 24, 1982

1279

Part 2
Section 3. Chapter 6 of Title 14 of the Official Code of Georgia An notated, relating to corporate takeovers, is amended by adding to Code Section 14-6-2 a new subsection (i) to read as follows:
"(i) The commissioner shall treat as confidential and not subject to public inspection each registration statement, including all amend ments with respect thereto, filed pursuant to subsection (b) until such time as the registration statement becomes effective or has been aban doned, unless he shall determine that such treatment is not consistent with public interest, in which case he may make public such of the fil ed information as he may deem necessary for the protection of public interest."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 14-6-7 and inserting in its place a new subsection to read as follows:
"(a) Any formal hearing held pursuant to this chapter shall be con ducted in accordance with Code Section 10-5-16. However, not withstanding the provisions of Code Section 10-5-16 or any other pro vision of law each such hearing shall be conducted in private and shall not be open to the public, and the record made therein shall be treated as confidential and shall not be open to public inspection until filed in formation which is the subject of such hearing is made public pur suant to subsection ji) of Code Section 14-6-2."
Part 3
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are 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:

1280

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood 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 Hollo way Horton Howard Hudgins Kennedy Kidd Land Lester

Those not voting were Senators:

Ballard Bond Brown of 47th

Hill Hudson Reynolds

Littlefield McGill McKenzie Robinson Scott Starr Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Stephens Summers

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1202. By Representatives Birdsong of the 103rd and Watson of the 114th:
A bill to amend Code Section 56-2703, relating to dependent coverage under group life insurance policies, as amended, so as to increase the maximum coverage for dependents.
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 Barnes

Bell Bowen Brannon

Brantley Broun of 46th Bryant

WEDNESDAY, FEBRUARY 24, 1982

1281

Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner

Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Robinson Scott Stumbaugh Summers Sutton Tate Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Bond Brown of 47th

Hudson Reynolds Starr

Stephens Thompson Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1283. By Representatives Ramsey of the 3rd, Coleman of the 118th and Hanner of the 130th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia An notated, relating to controlled substances, so as to make it unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter.
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 Bowen

Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb

Coleman Coverdell Deal Dean Eldridge English

1282

JOURNAL OF THE SENATE

Engram Evans Fincher of 54th Foster
Gillis
Greene Hill Holloway Horton Howard

Hudgins Kennedy Ridd Land
Lester
Littlefield McGill McKenzie Robinson Scott

Stumbaugh Summers Sutton Tate
Thompson
Timmons Turner Tysinger Wessels

Those not voting were Senators:

Bond Fincher of 52nd Garner

Hudson Reynolds Starr

Stephens Trulock Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1284. By Representative Ramsey of the 3rd:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, so as to define the term "career criminal"; to change the provisions relating to the duties and functions of the Georgia Crime Information Center; to amend the Official Code of Georgia An notated accordingly.
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 Bond Bowen Brannon
Brantley Brown of 47th

Cobb Coleman Coverdell Deal Dean Eldridge English Evans
Fincher of 54th Foster

Garner Gillis Greene Horton Howard Hudgins Kennedy Kidd
Lester Littlefield

WEDNESDAY, FEBRUARY 24, 1982

1283

McGill McKenzie Robinson Scott Stephens

Stumbaugh Summers Sutton Tate Timmons

Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Bryant Engram Fincher of 52nd

Hill Holloway Hudson Land

Reynolds Starr Thompson

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1285. By Representative Ramsey of the 3rd: A bill to amend Code Section 24A-3503, relating to children's fingerprints or photographs, so as to provide that fingerprints of a child 13 or more years of age who is referred to the court shall be taken, and filed by law enforcement officers in investigating the commission of certain crimes; to amend the Official Code of Georgia Annotated accordingly. Senate Sponsor: Senator Garner of the 30th.
Senator Deal of the 49th offered the following amendment:
Amend HB 1285 by striking on Page 1, lines 4 and 20, and on Page 2, line 12, the word "shall" and substituting in lieu thereof the following:
"may".

On the adoption of the amendment, Senator Garner of the 30th 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 Brantley

Brown of 47th Coleman Coverdell Deal English Engram Evans Fincher of 54th

Foster Gillis Horton Howard Hudgins Littlefield McKenzie Scott

1284

JOURNAL OF THE SENATE

Starr Stephens Stumbaugh

Tate Timmons

Walker Wessels

Those voting in the negative were Senators:

Brannon Broun of 46th Cobb Dean Eldridge Fincher of 52nd Garner

Hill Holloway Kennedy Kidd Land Lester McGill

Robinson Summers Sutton Thompson Trulock Turner Tysinger

Those not voting were Senators:

Bryant Greene

Hudson

Reynolds

On the adoption of the amendment, the yeas were 31, nays 21, 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 Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

WEDNESDAY, FEBRUARY 24, 1982

1285

Those not voting were Senators:

Greene Hill

Hudson Littlefield

Reynolds

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1285.

HB 1349. By Representatives Coleman of the 118th, Pinkston of the 100th, Hanner of the 130th and others: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia An notated, relating to controlled substances, so as to change the definition of the term "counterfeit substance"; to make it unlawful to manufacture, deliver, distribute, dispense, or sell a noncontrolled substance upon the express or implied representation that the substance is a narcotic or nonnarcotic controlled substance. Senate Sponsor: Senator Cobb of the 28th.
Senator Cobb moved that HB 1349 be committed to the Committee on Public Safety.
On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 1349 was committed to the Committee on Public Safety.
HB 1387. By Representative Bishop of the 94th: A bill to amend Chapter 9 of Title 49 of the Official Code of Georgia An notated, relating to the Division of Vocational Rehabilitation of the Department of Human Resources, so as to change the name of said agen cy to the Division of Rehabilitation Services of the Department of Human Resources. Senate Sponsor: Senator Howard of the 42nd.
The Senate Committee on Human Resources offered the following amendment:
Amend HB 1387 by striking on Page 1, line 20, the following:
"Chapter 9 of Title 49 of'.

1286

JOURNAL OF THE SENATE

By inserting in line 21 on Page 1 between the word and comma "An notated," and the word "and" the following:
"except Code Section 49-2-7".

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 Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge

English Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd Land

Lester Littlefield McGill Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Engram.

Those not voting were Senators:

Bryant Hudson

McKenzie Reynolds

Robinson Thompson

On the passage of the bill, the yeas were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.

WEDNESDAY, FEBRUARY 24, 1982

1287

HB 1554. By Representatives Shepard of the 67th and Ramsey of the 3rd:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia An notated, relating to habitual violators, so as to change the definition of the term "habitual violator"; to remove reckless driving from considera tion in determining a habitual violator.
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 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 Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Gillis.

Those not voting were Senators:

Evans Hudson

Reynolds Thompson

Trulock

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed.

1288

JOURNAL OF THE SENATE

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 622. By Senator Barker of the 18th:
A bill to amend an Act entitled "The Economic Rehabilitation Act of 1975", so as to clarify the purpose of said Act; to change the definition of certain terms; to change the provisions relative to the administration of certain community service programs; to clarify certain provisions relative to available funds and the allocation of such funds; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

The Senate Committee on Governmental Operations offered the following amendment:

Amend SB 622 by striking on Page 5, line 29, the figure "48-9-4" and inserting in lieu thereof the following:

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.
Senator Barker of the 18th offered the following substitute to SB 622:
A BILL
To be entitled an Act to amend an Act entitled "The Economic Rehabilitation Act of 1975," approved April 28, 1975 (Ga. L. 1975, p. 1645), so as to clarify the purpose of said Act; to change the provisions relative to the administration of certain community service programs; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act entitled "The Economic Rehabilitation Act of 1975," approved April 28, 1975 (Ga. L. 1975, p. 1645), is amended by adding a new section immediately following Section 6, to be designated Section 6A, to read as follows:
"Section 6A. Henceforth the administration of the Board of Human Resources policy is to be performed upon providing the op portunity for the local subdivisions of government to accept or reject the propositions for planning and delivering of services requested. Should the proposition be accepted or rejected, services should meet

WEDNESDAY, FEBRUARY 24, 1982

1289

those minimum requirements of the Department of Human Resources based upon a sound cost and program efficiency and effec tive evaluation. Further, the Department of Human Resources, if deemed appropriate, should utilize existing service delivery systems and comply with federal legislation governing the affected area, an ex ample being The Omnibus Reconciliation Act of 1981, P.L. 97-35, regarding the Community Services Block Grant."
Part 2
Section 2. Chapter 8 of Title 49 of the Official Code of Georgia An notated, relating to economic rehabilitation services, is amended by add ing at the end of said chapter a new Code Section 49-8-7 to read as follows:
"49-8-7. Henceforth the administration of the Board of Human Resources policy is to be performed upon providing the opportunity for the local subdivisions of government to accept or reject the prop ositions for planning and delivering of services requested. Should the proposition be accepted or rejected, services should meet those minimum requirements of the Department of Human Resources bas ed upon a sound cost and program efficiency and effective evaluation. Further, the Department of Human Resources, if deemed ap propriate, should utilize existing service delivery systems and comply with federal legislation governing the affected area, an example being The Omnibus Reconciliation Act of 1981, P.L. 97-35, regarding the Community Services Block Grant."
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are 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 as amended, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

1290

JOURNAL OF THE SENATE

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 52nd Fincher of 54th Foster Garner Gillis Greene Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell

Hudson

Hill

Littlefield

Reynolds Thompson

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 622.

The following general bill of the House, having been passed on February 23, reconsidered previously today and placed at the foot of the Senate Rules Calendar, was put upon its passage:

HB 1359. By Representatives Vaughn of the 57th, Childs of the 51st, Richardson of the 52nd and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Rockdale Judicial Circuit, to be composed of the County of Rockdale.

The amendment offered by Senators Barnes of the 33rd and Ballard of the 45th to HB 1359, adopted on February 23, was as follows:

WEDNESDAY, FEBRUARY 24, 1982

1291

Senators Barnes of the 33rd and Ballard of the 45th offer the following amend ment:

Amend HB 1359 on Page 3, line 1 by deleting the word "September" and substituting in lieu thereof the word'' October''.

Senator Ballard of the 45th offered the following amendment:

Amend HB 1359 by striking the word "Article" on line 12 of Page 2 and inserting in lieu thereof the word "Title".
By striking the word "September" on line 1 of Page 3 and inserting in lieu thereof the word "October".

On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Holloway Horton Howard Kennedy Kidd Land Lester

Those not voting were Senators:

Hill Hudgins

Hudson Littlefield

McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate TimmOns Trulock Turner Tysinger Walker Wessels
Reynolds Thompson

1292

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.

The following local, uncontested resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their adoption:

SR 292. By Senators Horton of the 17th and Cobb of the 28th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $20,000.00 from all Henry County School District ad valorem taxes for each resident of the Henry County School District who is 62 years of age or over or who is disabled if his income from all sources, together with the income of all members of his family who also occupy and reside at such homestead, does not exceed $12,000.00; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is amended by striking the following paragraph:
"For purposes of the application in Henry County of any exemp tion granted pursuant to the provisions of the immediately preceding paragraph from ad valorem taxes for educational purposes, the amount of the exemption is hereby specified to be $20,000.00 and the maximum income qualification as qualified in the immediately preceding paragraph is hereby changed from $6,000.00 to $12,000.00.",
and inserting in lieu thereof the following:
"Any other provision of this Constitution to the contrary not withstanding, the homestead of each resident of the Henry County School District who is 62 years of age or over or disabled and who does not have an income from all sources; including the income of all members of the family residing within said homestead, exceeding $12,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. The exemption shall not exceed $20,000.00 of the homestead's assess ed value. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Receiver or Tax Commissioner of his county giving his age, the amount of income which he received for the immediately

WEDNESDAY, FEBRUARY 24, 1982

1293

preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the Tax Receiver or Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Receiver or Tax Commis sioner shall provide affidavit forms for this purpose. In order to qualify for the exemption provided for herein as being disabled, a disabled person claiming such exemption shall be required to obtain and submit with such affidavit a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically in capacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Provid ed, that after any such owner has filed the proper affidavit, and cer tificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes in eligible for any reason for the exemption provided in this paragraph. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such in stances, such exemptions shall be granted to such properties, if claim ed in the manner herein provided by one or more of the owners ac tually residing on such property. Such exemptions 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 residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The homestead exemptions provided for herein 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 Shall the Constitution be amended so as to provide a homestead exemption of $20,000.00 from all Henry Coun-
[ ] NO ty School District ad valorem taxes for each resident of the Henry County School District who is 62 years of age or over or who is disabled if his income from all sources, together with the income of all members of his family who also occupy and reside at such homestead, does not exceed $12,000.00?"

1294

JOURNAL OF THE SENATE

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the 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 Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway Howard Kennedy Kidd Land Lester McGill

Those not voting were Senators:

Bryant English
Hill

Horton Hudgins
Hudson

McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels
Littlefield Reynolds Thompson

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

WEDNESDAY, FEBRUARY 24, 1982

1295

SR 293. By Senators Horton of the 17th and Cobb of the 28th:

A RESOLUTION
Proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for persons in Henry County; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding after the following paragraph:
"The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, County and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded in debtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, par ticipate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $ 1,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities.",
a new paragraph to read as follows:
"For purposes of the application in Henry County of the exemp tion granted in the immediately preceding paragraph from ad valorem taxation for state, county, and school purposes, except taxes levied by municipalities for school purposes and except taxes to pay interest on and retire bonded indebtedness, the amount of the exemption is hereby increased to $4,000.00."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the homestead exemption for residents of Henry County from
[ ] NO ad valorem taxation for state, county, and school pur poses, except taxes levied by municipalities for school purposes and taxes to pay interest on and retire bonded indebtedness, from $2,000.00 to $4,000.00?"

1296

JOURNAL OF THE SENATE

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote ' 'No.''
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the 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 Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway Howard
Kennedy Kidd Land
Lester McGill

Those not voting were Senators:

Bryant English Hill

Horton Hudgins Hudson

McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels
Littlefield Reynolds Thompson

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

WEDNESDAY, FEBRUARY 24, 1982

1297

SR 294. By Senators Horton of the 17th and Cobb of the 28th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $6,000.00 from Henry County ad valorem taxes for each resident of Henry County who is 65 years of age or over or who is disabled if his net income, together with the net income of his spouse who also occupies and resides at such homestead, does not exceed $6,000.00, exclusive of certain retirement, survivor, disability, and pen sion benefits; 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 amended by striking the following paragraph:
"For purposes of the application of the exemption granted in the immediately preceding paragraph from county ad valorem taxes in Henry County, the amount of the exemption is hereby increased to $6,000.00 and the maximum income qualification as qualified in the immediately preceding paragraph is hereby changed from $4,000.00 to $6,000.00.",
and inserting in lieu thereof the following:
"Each person who is 65 years of age or over or who is disabled is hereby granted an exemption from Henry County ad valorem taxes in the amount of $6,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net in come is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retire ment, survivor, or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability, or pen sion system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in ex cess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a cer tificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physician or physicians such per son is mentally or physically incapacitated to the extent that such per son is unable to be gainfully employed and that such incapacity is like ly to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he or she or his or her agent files an

1298

JOURNAL OF THE SENATE

affidavit with the tax commissioner of Henry County, giving his or her age, or if disabled the certificate or certificates provided for herein, and the amount of income which he or she and his or her spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determina tion as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such ap plications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, and certificate or cer tificates if disabled, as provided above, and has been allowed the ex emption provided herein, it shall not be necessary that he or she make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he or she becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this ex emption, including penalties necessary therefor. The homestead ex emption provided for herein 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 provide a homestead exemption of $6,000.00 from Henry County ad valorem taxes for each resident of Henry County who is 65 years of age or over or who is disabled if his net in come, together with the net income of his spouse who also occupies and resides at such homestead, does not exceed $6,000.00, exclusive of certain retirement, survivor, disability, and pension benefits?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the 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:

WEDNESDAY, FEBRUARY 24, 1982

1299

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 Fincher of 54th Foster Garner Gillis Greene Holloway Howard Kennedy Kidd Land Lester McGill

McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bryant English Hill

Horton Hudgins Hudson

Littlefield Reynolds Thompson

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

HR 636. By Representative Bray of the 70th:

A RESOLUTION
Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Meriwether County shall have jurisdiction and provide for bond re quirements; 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 VI, Section VII, Paragraph II of the Constitution is amended by adding at the end a new undesignated paragraph to read as follows:
"Provided, however, that in Meriwether County the justice of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property

1300

JOURNAL OF THE SENATE

when the principal sum does not exceed $1,000.00, and shall give a bond payable to the judge of the probate court of said county in the amount of $10,000.00, with any premiums due on said bond to be paid by that justice of the peace."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the
[ ] NO Peace of Meriwether County shall have jurisdiction and provide for bond requirements be approved?"
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

'

Engram

Evans

Fincher of 52nd

Fincher of 54th

Foster

Garner

Gillis

Greene

Holloway

Howard

Kennedy

Kidd

Land

Lester

McGill

McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

WEDNESDAY, FEBRUARY 24, 1982

1301

Those not voting were Senators:

Bryant English Hill

Horton Hudgins Hudson

Littlefield Reynolds Thompson

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
HR 657. By Representatives Bargeron of the 83rd and Evans of the 84th:
A RESOLUTION
Proposing an amendment to the Constitution so as to permit the General Assembly to authorize local taxing jurisdictions in Jefferson County to grant discounts for early payment of ad valorem taxes; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph immediately preceding the last paragraph thereof to read as follows:
"Subject to the conditions provided by local law, the General Assembly may authorize each local taxing jurisdiction in Jefferson County to grant a reasonable discount for early payment of ad valorem taxes owed to the local taxing jurisdiction. No such discount shall be granted except upon payment in full by the taxpayer of all ad valorem taxes due and payable to the local taxing jurisdiction."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to permit the General Assembly to authorize local taxing jurisdictions
[ ] NO in Jefferson County to grant discounts for early payment of ad valorem taxes?''
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

1302

JOURNAL OF THE SENATE

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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 Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway Howard Kennedy Kidd Land Lester McGill

McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bryant English Hill

Horton Hudgins Hudson

Littlefield Reynolds Thompson

On the adoption of the resolution, the yeas were 47, 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 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:08 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 25, 1982

1303

Senate Chamber, Atlanta, Georgia Thursday, February 25, 1982 Twenty-sixth Legislative Day

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 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 1687. By Representative Jackson of the 77th:
A bill to amend an Act incorporating the City of Grovetown, Georgia, so as to change the provisions relating to the City Court of Grovetown; to provide for the judge of said court; to provide for penalties for violation of ordinances.

HB 1689. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of commissioner of Chattooga County, so as to change procedures for disposal of county property; to provide for sales by public auction.

HB 1690. 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 1313. By Representatives Johnson of the 72nd, Murphy of the 18th, Colemanof the 118th and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit fund, so as to change the amount to be paid to a beneficiary upon the death of a peace officer; to amend the Official Code of Georgia An notated accordingly.

1304

JOURNAL OF THE SENATE

HB 1541. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Section 38-41B, relating to confidential communica tions, so as to authorize physicians to release certain patient information to the Department of Human Resources and its divisions, agents, and successors under certain conditions and to provide immunity from liability therefor; to amend the Official Code of Georgia Annotated accordingly.

HB 1399. By Representative Ross of the 76th:
A bill to amend an Act known as the "Georgia Professional Standards Act," so as to delete the expiration date from said Act; to amend the Of ficial Code of Georgia Annotated accordingly.

HB 1585. By Representatives Karrh of the 106th, Coleman of the 118th, Hanner of the 130th and others:
A bill to amend Code Section 26-2914, relating to the possession of firearms by convicted felons, so as to authorize the Board of Public Safe ty to grant relief from the disabilities imposed by this Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to the possession of firearms by convicted felons, so as to provide therein for the same changes provided for above.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 624. By Representatives Crosby of the 150th and Dixon of the 151st:
A resolution authorizing the conveyance of certain state owned real property located in Ware County, Georgia.

HR 715. By Representatives Ham of the 80th, Lee of the 72nd and Walker of the 115th:
A resolution creating the Joint Committee on Farm Winery Laws.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1459. By Representatives Moody of the 138th, Murphy of the 18th, Moore of the 152nd and others:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia An notated, relating to certificates of title to motor vehicles and liens, so as to provide that, with respect to application for first certificate of title, any application rejected shall be returned to the holder of the first security in terest or lien named in the application.

THURSDAY, FEBRUARY 25, 1982

1305

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 719. By Senator Brown of the 47th:
A bill to amend an Act creating the office of tax commissioner of Hart County, as amended, so as to place the tax commissioner on an annual salary in lieu of the salary plus commission system of compensation; to provide for other matters relative to the foregoing.
Referred to Committee on County and Urban Affairs.

SB 720. By Senator Starr of the 44th:
A bill to amend an Act known as the "Statewide Probation Act," as amended, so as to provide for a special term of probation for persons con victed of certain violations of the "Georgia Controlled Substances Act" in addition to any term of imprisonment; to provide for additional years of special probation for second or subsequent offenders; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Offender Rehabilitation.

SB 721. By Senators Ballard of the 45th and Cobb of the 28th:
A bill to amend an Act relating to enforcement of fire safety standards and amending other previous Acts, so as to change the effective date of corresponding provisions of the Official Code of Georgia Annotated; to provide an effective date for this Act.
Referred to Committee on Public Safety.

SB 722. By Senator Horton of the 17th:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia An notated, relating to labor and industrial relations iii general, so as to re quire the use of safety devices in public performances by aerialists; to provide for all related matters; to provide an effective date.
Referred to Committeee on Industry, Labor and Tourism.

SB 723. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to change the composition of certain congressional districts; to provide for the composition of certain boards and bodies; to provide for all related matters; to provide for the incorporation of the provisions of this Act into the Official Code of Georgia Annotated.
Referred to Committee on Reapportionment.

1306

JOURNAL OF THE SENATE

SR 318. By Senators Evans of the 37th, Kennedy of the 4th, Hill of the 29th and others:
A resolution directing the Criminal Justice Coordinating Council to evaluate research on the causes of violent crime. Referred to Committee on Special Judiciary.

SR 319. By Senators Tate of the 38th, Kidd of the 25th, Bond of the 39th and others:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption from all state and county ad valorem taxes on the total value of the homestead of all residents of Georgia who are 70 years of age or over and who have a net income from all sources not exceeding $50,000.00 per annum; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 320. By Senator Hudson of the 35th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create the Hapeville Development Authority; to provide for the powers, authority and duty of such Authority; to authorize the Authority to issue its revenue bonds, and to provide for the method and manner of such issuance and for validation thereof; to provide for sub mission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

SR 321. By Senator Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to pro vide that unless the joint county and municipal sales and use tax is ap proved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School District shall be required to impose, levy, and collect a 1 percent sales and use tax for educational purposes; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1313. By Representatives Johnson of the 72nd, Murphy of the 18th, 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 amount to be paid to a beneficiary upon the death of a peace officer; to amend the Official Code of Georgia An notated accordingly.
Referred to Committee on Retirement.

THURSDAY, FEBRUARY 25, 1982

1307

HB 1399. By Representative Ross of the 76th:
A bill to amend an Act known as the "Georgia Professional Standards Act," so as to delete the expiration date from said Act; to amend the Of ficial Code of Georgia Annotated accordingly. Referred to Committee on Education.

HB 1541. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Section 38-41B, relating to confidential communica tions, so as to authorize physicians to release certain patient information to the Department of Human Resources and its divisions, agents, and successors under certain conditions and to provide immunity from liability therefor; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1585. By Representatives Karrh of the 106th, Coleman of the 118th, Hanner of the 130th and others:
A bill to amend Code Section 26-2914, relating to the possession of firearms by convicted felons, so as to authorize the Board of Public Safe ty to grant relief from the disabilities imposed by this Code Section 16-11-131 of the Official Code of Georgia Annotated relating to the possession of firearms by convicted felons, so as to provide therein for the same changes provided for above.
Referred to Committee on Judiciary.

HB 1687. By Representative Jackson of the 77th:
A bill to amend an Act incorporating the City of Grovetown, Georgia, so as to change the provisions relating to the City Court of Grovetown; to provide for the judge of said court; to provide for penalties for violation of ordinances.
Referred to Committee on County and Urban Affairs.

HB 1689. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of commissioner of Chattooga County, so as to change procedures for disposal of county property; to provide for sales by public auction. Referred to Committee on County and Urban Affairs.

HB 1690. 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.

1308

JOURNAL OF THE SENATE

HR 624. By Representatives Crosby of the 150th and Dixon of the 151st:
A resolution authorizing the conveyance of certain state owned real property located in Ware County, Georgia. Referred to Committee on Public Utilities.

HR 715. By Representatives Ham of the 80th, Lee of the 72nd and Walker of the 115th:
A resolution creating the Joint Committee on Farm Winery Laws. Referred to Committee on Industry, Labor and Tourism.

The following reports of standing committees were read by the Secretary:

Mr. President:

The 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 1533. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

The 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 711. Do pass by substitute.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

The 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 103. Do pass by substitute.
SB 313. Do pass by substitute.

THURSDAY, FEBRUARY 25, 1982

1309

HB 1252. Do pass by substitute. HB 1373. Do pass as amended.
Respectfully submitted, Senator Bond of the 39th District, Chairman

Mr. President:

The 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 549. Do pass as amended. SB 654. Do pass. SB 687. Do pass by substitute. SR 264. Do pass by substitute. SR 309. Do pass. HB 1626. Do pass. HB 1635. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

Your Committee on Higher Education 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 710. Do pass.
Respectfully submitted, Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Industry, Labor and Tourism has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 656. Do pass as amended.

1310

JOURNAL OF THE SENATE

SR 307. Do pass. HB 1249. Do pass.

Respectfully submitted, Senator Ballard of the 45th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 646. Do pass as amended. SR 244. Do pass. SR 273. Do pass as amended. HB 1175. Do pass. HB 1191. Do pass as amended. HR 517. Do pass. HB 1406. Do pass as amended.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman

Mr. President:

The 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 599. Do pass. SB 709. Do pass. SB 718. Do pass. SR 310. Do pass.
Respectfully submitted, Senator Timmons of the 11th District, Chairman

THURSDAY, FEBRUARY 25, 1982

1311

Mr. President:

The 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 1339. Do pass. HB 290. Do not pass.
Respectfully submitted, Senator Tate of the 38th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 541. Do pass. HB 723. Do pass as amended. HB 1206. 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 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 pro visions relative to senior judges.
SB 500. By Senator Howard of the 42nd:
A bill to amend Code Chapter 88-1, relating to the Department of Human Resources, as amended, so as to authorize variances, waivers, and ex emptions from certain rules and regulations of the department under cer tain conditions; to amend the Official Code of Georgia Annotated accord ingly; to provide for effective dates and automatic repeal.

1312

JOURNAL OF THE SENATE

SB 535. By Senator Land of the 16th:
A bill to amend an Act establishing the Georgia Legislative Retirement System, as amended, so as to change the provisions relative to the cessa tion of benefits upon returning to state service; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.

SB 548. By Senator Coverdell of the 40th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide that persons who become employees of the state as a result of a county probation system becoming a part of the statewide probation system shall have the right to remain members of local retirement systems under certain conditions; to amend the Official Code of Georgia Annotated accordingly.

SB 588. By Senators Walker of the 19th, McGill of the 24th, Gillis of the 20th and others:
A bill to amend Code Chapter 27-9, relating to bail in criminal cases, so as to change the conditions under which appeal bonds may be granted to persons convicted of crimes; to amend the Official Code of Georgia An notated accordingly; to provide effective dates.

SB 589. By Senators Gillis of the 20th, English of the 21 st, McGill of the 24th and others:
A bill to amend the "Appellate Procedure Act of 1965", as amended, so as to provide that the giving of or failure to give a jury instruction may not be complained of in criminal appeals unless a timely objection was made at trial; to amend the Official Code of Georgia Annotated accord ingly; to provide effective dates.

SB 614. By Senator Kidd of the 25th:
A bill to amend Code Section 48-5-2, relating to definitions with respect to ad valorem taxation of property, so as to exclude certain costs of pur chase and sale from the meaning of the term ' 'fair market value to prop erty"; to provide for other matters relative to the foregoing; to provide an effective date.

SB 661. By Senator Scott of the 43rd:
A bill to amend Code Chapter 26-27, relating to gambling and related criminal offenses, as amended, so as to legalize and regulate operation of certain real estate promotional contests under certain conditions; to pro vide for unlawful real estate promotional contests; to declare crimes and penalties; to provide for civil remedies and for civil enforcement; to pro vide for all related matters; to amend the Official Code of Georgia An notated accordingly.

THURSDAY, FEBRUARY 25, 1982

1313

SB 684. By Senators Engram of the 34th, Starr of the 44th, Gillis of the 20th and others:
A bill to amend Code Chapter 88-3A, relating to public health law inspec tion warrants, so as to change the definition of inspection warrant; to provide for persons who may obtain inspection warrants; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 696. By Senators Robinson of the 27th and Barker of the 18th:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia An notated, relating to certificates of title, security interests, and liens, so as to change certain penalty provisions; to provide an effective date.

SB 705. By Senator Timmons of the 11th:
A bill to amend Code Section 68A-507, relating to pedestrians soliciting rides or business, so as to change the provisions relating to where a per son may stand for the purpose of soliciting a ride; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.

HB 1074. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act known as the "Physician's Assistant Act," so as to provide for physicians to supervise more than two physicians's assistants in certain circumstances.

HB 1158. By Representatives Bishop of the 94th, Smyre of the 92nd, Buck of the 95th and others:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, so as to provide that said Code Chapter shall apply within certain consolidated city-county governments; to amend the Official Code of Georgia Annotated accordingly.

HB 1240. By Representatives Bishop of the 94th, Smyre of the 92nd, Buck of the 95th and others:
A bill to amend Code Chapter 17-5 of the Official Code of Georgia An notated, relating to searches and seizures, so as to change the provisions relating to disposition of property seized.

HB 1389. By Representatives Adams of the 14th and Jackson of the 9th:
A bill to amend an Act providing for a State Board of Registration of Used Car Dealers, so as to continue the board and the laws relating thereto un til July 1, 1988; to amend the Official Code of Georgia Annotated accord ingly.

1314

JOURNAL OF THE SENATE

HB 1490. By Representatives Coleman of the 118th, Hanner of the 130th, Hays of the 1st and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act," so as to provide for the inclusion of certain employees of the Department of Offender Rehabilitation, the State Board of Pardons and Paroles, and county correctional institutions within the definition of the term "peace officer"; to amend the Official Code of Georgia An notated accordingly.

HB 1549. By Representatives Rowland of the 119th, Baugh of the 108th and Parhamof the 109th:
A bill to amend an Act relating to the control, licensing, and operation of clinical laboratories, so as to require licensure of specimen collection sta tions; to define specimen collection stations; to provide for licensure of specimen collection stations as part of state licensed parent laboratories; to amend the Official Code of Georgia Annotated accordingly.

HB 1557. By Representative Lee of the 72nd:
A bill to amend Code Chapter 91A-53, relating to motor vehicle license fees and tags, so as to provide for temporary registration permits; to amend the Official Code of Georgia Annotated accordingly.

HR 674. By Representatives Castleberry of the 111th, Buck of the 95th, Smyre of the 92nd and others:
A resolution urging the Congress of the United States to continue the Apalachicola-Chattachoochee-Flint Rivers Waterway System.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

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 700. By Senator Bowen of the 13th:
A bill creating a Small Claims Court in Dooly County, as amended, so as to change the jurisdiction of said court; to provide for a fee to the small claims court bailiffs for the execution of fi fas.

The report 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.

THURSDAY, FEBRUARY 25, 1982

1315

HB 1551. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the offices of receiver and tax collec tor of Laurens County into the office of tax commissioner of Laurens 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 1564. By Representative Phillips of the 120th:
A bill to amend an Act creating the Board of Commissioners of Mont gomery County, so as to change the provisions relating to the election of members of the Board of Commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1565. By Representative Phillips of the 120th:
A bill to amend an Act abolishing the offices of tax receiver and tax col lector of Wheeler County and creating the office of tax commissioner, so as to change the provisions relating to the compensation of certain employees 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 1566. By Representative Phillips of the 120th:
A bill to amend an Act providing for the employment of secretarial help for the Clerk of the Superior Court of Wheeler County, so as to change the provisions relating to the compensation of certain employees of the Clerk.

1316

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 1567. 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 certain employees 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.

HB 1568. By Representative Phillips of the 120th:
A bill to amend an Act abolishing the offices of tax receiver and tax col lector of Wheeler County and creating the office of tax commissioner, so as to change the provisions relative to 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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1569. By Representative Phillips of the 120th:
A bill to provide for the composition of the Board of Education of Wheeler County; to provide for the election and terms of office of the members of the board; to provide for filling vacancies on the board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 25, 1982

1317

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1570. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating a board of commissioners for Lowndes County, so as to change the composition and manner of selection of said board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1599. By Representatives Bargeron of the 83rd and Godbee of the 82nd:
A bill to amend an Act relating to the compensation of the coroner of Burke County, so as to provide an expense 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 1612. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A bill to amend an Act creating a Small Claims Court for Lowndes Coun ty, so as to change the jurisdiction of said court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1318

JOURNAL OF THE SENATE

HB 1623. By Representative Manner of the 130th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Terrell County into the single office of tax commis sioner of Terrell 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 1629. By Representative Karrh of the 106th:
A bill to amend an Act creating and establishing a small claims court in and for Jenkins County, so as to change the fee for filing a claim or action in said court; to provide that a certain portion of the filing fees shall be remitted to the county to defray the operational expenses 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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood 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 52nd Fincher of 54th Foster Garner Gillis Greene Hill Howard Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

THURSDAY, FEBRUARY 25, 1982

1319

Those not answering were Senators:

Bell Holloway (presiding)

Horton Hudgins

Hudson

Senator Broun of the 46th introduced the chaplain of the day, Reverend Bevel Jones, pastor of the First United Methodist Church, Athens, Georgia, who offered scripture reading and prayer.

SENATE RULES CALENDAR Thursday, February 25, 1982 TWENTY-SIXTH LEGISLATIVE DAY

SB 511. SB 674. SB 675. SB 677. SB 678. SB 681. SB 683. SB 685. SB 689. SB 699. SB 701. SB 703. SB 706. SR 274. HB 1267.

Felony Victim under 17 Years of Age--consent of parent for name publication (AMENDMENT) (Judy-30th)
Ineligibility to Hold Public Office--change provisions on armed forces components (Gov Op--25th)
Intangible Recording Tax--refund procedure certain cir cumstances (BF&I--25th)
Coroners--change bond and surety requirement (Gov Op--51st)
Public Contracts--requirements for payment, performance bonds (AMENDMENT) (Judy-26th)
Regulatory Agencies--performance audits (Gov Op--27th)
Code Chapter on Conduct of Meetings of State, Local Government Departments-revise (SUBSTITUTE) (Judy-33rd)
Municipal Election Code--filing of certified list of qualified voters (Gov Op-25th)
Election Code--appointment, compensation of chief deputy registrars (Gov Op--25th)
Homicide by Vehicle--change provisions relating to (Judy--26th)
Courts of Inquiry--probate court Judges who are licensed at torneys may hold (Judy--26th)
State Officers, Employees--deduction for charitable organizations (Gov Op--25th)
Civil Service Employees--retention preferences when laying off (SUBSTITUTE) (Gov Op-16th)
Hazardous Drivers Study Committee--create (SUBSTITUTE) (Pub Saf--40th)
Sheriffs' Retirement Fund--secretary-treasurer compensation (Ret-38th)

1320

JOURNAL OF THE SENATE

HB 1281. Use of Certain Surnames by Spouse--conditions (SUBSTITUTE) (Judy-42nd)
HB 1300. Trial Judges, Solicitors Retirement Fund--withdrawing from membership (Ret--1st)
HB 1345. Charges Against Sheriffs--change provisions on investigations (AMENDMENTS) (Pub Saf-28th)
HB 1410. Voter Registration Places--those deemed permanent or temporary (Gov Op-15th)
HB 1413. Administrative Services Department--bond for fiscal division director (Gov Op--27th)
HB 1470. County Registrars--compensation (Gov Op--25th)
HB 1499. State-Owned Land Lease Application--Properties Commission ex ecuting contracts (Pub U--47th)
HB 1509. Public Service Corporation Fees--cover operating cost of Public Service Commission (AMENDMENT) (Pub U-29th)
HB 1532. Chatham, Cobb, DeKalb, Fulton Counties Poll Officerscompensation (Gov Op--25th)
HR 562. Health Benefit Plan--relative to cost (BF&I--23rd)
HR 619. Mineral Lease on Certain Property Owned by State--conveyance (Pub U-2nd)
Respectfully submitted,
Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 511. By Senators Garner of the 30th, Hill of the 29th, Cobb of the 28th and Barnesof the 33rd:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia, relating to invasions of privacy, so as to make it unlawful knowingly to publish or broadcast the name or identity of a person under the age of 17 years who has been or may have been the victim of a crime which con stitutes a felony without the written consent of a parent or legal guardian of such person.

The Senate Committee on Judiciary offered the following amendment:

Amend SB 511 by adding in the title on line 5 of Page 1, between the word "crime" and the word "which", the following:
"committed by a person 17 years of age or younger''.

THURSDAY, FEBRUARY 25, 1982

1321

By adding in Section 1 on line 27 of Page 1, between the word "crime" and the word "which", the following:
'' committed by a person 17 years of age or younger''.

On the adoption of the amendment, the yeas were 16, nays 22, and the amend ment was lost.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker 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 Garner Gillis Greene Hill Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Evans

Foster Howard

Hudgins Wessels

Those not voting were Senators:

Bowen Holloway (presiding)

Horton Hudson

Timmons

On the passage of the bill, the yeas were 45, nays 6. The bill, having received the requisite constitutional majority, was passed.

1322

JOURNAL OF THE SENATE

SB 674. By Senator Kidd of the 25th:
A bill to amend Code Section 89-101, relating to persons ineligible to hold public office in this state, as amended, so as to change the provisions relating to members of components of the armed forces of the United States; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provi sions of this Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Howard Hudgins Kennedy Kidd Land Lester

McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Tate Thompson Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Littlefield

Stumbaugh

Those not voting were Senators:

Bowen Gillis

Holloway (presiding) Horton

Sutton
Hudson Timmons

On the passage of the bill, the yeas were 47, nays 3. The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 25, 1982

1323

SB 675. By Senator Kidd of the 25th:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to provide a procedure for refunds of taxes paid where the note secured by the tax able instrument is rescinded pursuant to a right of recision granted by state or federal law; to provide for all related matters; to provide an effec tive date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell 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 Hill Howard Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Tirnmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bowen Greene

Holloway (presiding) Horton Hudgins

Hudson Robinson

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

1324

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:

HB 1189. By Representative Phillips of the 125th:
A bill to amend an Act regulating the practice of professional sanitarians, so as to provide for the licensure as registered professional sanitarians of certain persons who do not meet the requirements for licensure under certain conditions; to amend the Official Code of Georgia Annotated ac cordingly.

HB 1401. By Representatives Mann, Milford and Clark of the 13th and others:
A bill to create the Upper Savannah River Development Authority and to authorize such authority to acquire, construct, equip, maintain, and operate on public property boat docks; piers; boat ramps; cabins; recrea tional centers and areas.

HB 1337. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in in stitutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities while their con viction is on appeal; to change the provisions relative to the delivery of custody of inmates to the Department of Offender Rehabilitation.

HB 107. By Representatives Snow of the 1 st and Darden of the 19th:
A bill to amend an Act known as the "Georgia Reporting Act," so as to define certain terms and modify certain practices and procedures relating to testing and certification of court reporters.

HB 904. By Representative Smyre of the 92nd:
A bill to amend an Act entitled the ' 'Georgia Physical Therapy Act," so as to designate the powers of the board; to provide exceptions as to those in dividuals who must be licensed as physical therapists; to designate the requirements for licensure as a physical therapist assistant.

THURSDAY, FEBRUARY 25, 1982

1325

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 641. By Representatives Davis of the 45th, Dobbs of the 74th, Lane of the 81 st and others:
A resolution calling upon the United States Congress to pass an amend ment to the United States Constitution which would require that all federal judges stand for reelection every eight years.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 677. By Senators Brannon of the 51st, Fincher of the 52nd and Deal of the 49th:
A bill to amend Code Section 45-16-4 of the Official Code of Georgia An notated, relating to bonds for coroners, so as to change the bond and surety requirement for coroners; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes 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 Hill Howard Kidd Land Lester

Littlefield McKenzie Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Trulock Tysinger Wessels

Those voting in the negative were Senators:

Bell Hudgins

Kennedy McGill

Turner Walker

1326

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard
Bowen Greene

Holloway (presiding)
Horton Hudson

Stumbaugh Timmons

On the passage of the bill, the yeas were 42, nays 6.
The bill, having received the requisite constitutional majority, was passed.
The following bills and resolution of the House were read the first time and referred to committees:
HB 107. By Representatives Snow of the 1st and Darden of the 19th: A bill to amend an Act known as the "Georgia Reporting Act," so as to define certain terms and modify certain practices and procedures relating to testing and certification of court reporters.
Referred to Committee on Special Judiciary.
HB 904. By Representative Smyre of the 92nd: A bill to amend an Act entitled the "Georgia Physical Therapy Act," so as to designate the powers of the board; to provide exceptions as to those in dividuals who must be licensed as physical therapists; to designate the requirements for licensure as a physical therapist assistant.
Referred to Committee on Human Resources.
HB 1189. By Representative Phillips of the 125th: A bill to amend an Act regulating the practice of professional sanitarians, so as to provide for the licensure as registered professional sanitarians of certain persons who do not meet the requirements for licensure under certain conditions; to amend the Official Code of Georgia Annotated ac cordingly.
Referred to Committee on Human Resources.
HB 1337. By Representatives Lambert of the 112th and Argo of the 63rd: A bill to amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in in stitutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities while their con viction is on appeal; to change the provisions relative to the delivery of custody of inmates to the Department of Offender Rehabilitation.
Referred to Committee on Offender Rehabilitation.

THURSDAY, FEBRUARY 25, 1982

1327

HB 1401. By Representatives Mann, Milford and Clark of the 13th and others:
A bill to create the Upper Savannah River Development Authority and to authorize such authority to acquire, construct, equip, maintain, and operate on public property boat docks; piers; boat ramps; cabins; recrea tional centers and areas.
Referred to Committee on Natural Resources and Environmental Quality.

HR 641. By Representatives Davis of the 45th, Dobbs of the 74th, Lane of the 81st and others:
A resolution calling upon the U.S. Congress to pass an amendment to the Constitution which would require all federal judges to stand for election every eight years.
Referred to Committee on Judiciary.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passages:

SB 678. By Senators Greene of the 26th and Robinson of the 27th:
A bill to amend Code Section 23-1705, relating to requirements of pay ment and performance bonds for public contracts, so as to change the provisions relating to exemption of contracts below a certain price; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

Senator Greene of the 26th offered the following amendment:

Amend SB 678 by adding on Page 1, line 5, after the word "Georgia' the following:
"Annotated".

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, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bell Brannon

Brantley Brown of 47th Cobb

Coverdell Deal Dean

1328

JOURNAL OF THE SENATE

Eldridge Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene

Hill Howard Hudgins Kidd Land Littlefield McKenzie

Robinson Scott Starr Stephens Summers Sutton Thompson

Those voting in the negative were Senators:

Allgood Barker Broun of 46th Bryant Coleman English

Gillis Kennedy Lester McGill Reynolds

Tate Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bond Bowen

Holloway (presiding) Horton Hudson

Stumbaugh Timmons Trulock

On the passage of the bill, the yeas were 31, nays 16.

The bill, having received the requisite constitutional majority, was passed as amended.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 678.

SB 681. By Senators Robinson of the 27th, Howard of the 42nd, Starr of the 44th and others:
A bill to amend Chapter 2 of Title 43 of the Official Code of Georgia An notated, relating to review, continuation, and termination of regulatory agencies, so as to provide for performance audits; to provide for responses to certain performance audits; to provide for additional pro cedures relating thereto; to provide 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:

THURSDAY, FEBRUARY 25, 1982

1329

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 Howard Hudgins Kennedy 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 Broun of 46th Fincher of 54th

Holloway (presiding) Horton

Hudson Stumbaugh

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 683. By Senators Barnes of the 33rd, Sutton of the 9th, Howard of the 42nd and others: A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia An notated, relating to the conduct of meetings of state and local govern ment departments, agencies, and authorities, so as to completely revise and supersede said chapter; to provide an effective date.
The Senate Committee on Judiciary offered the following substitute to SB 683:
A BILL
To be entitled an Act to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to the conduct of meetings of state and local government departments, agencies, and authorities, so as to completely revise and supersede said chapter; to provide an effective date; to repeal conflicting laws; and for other purposes.

1330

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 50 of the Official Code of Georgia An notated, relating to the conduct of meetings of state and local govern ment departments, agencies, and authorities, is amended by striking said chapter in its entirety and substituting in lieu thereof a new Chapter 14 of Title 50 to read as follows:
"CHAPTER 14
50-14-1. (a) As used in this chapter, the term 'agency' means:
(1) Every state department, agency, board, bureau, commission, and authority;
(2) The governing authority of every county, municipal corpora tion, school district, or other political subdivision of the state;
(3) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state;
(4) Every city, county, regional, or other authority establishment pursuant to the laws of this state; and
(5) Every committee and subcommittee of each of the foregoing.
(b) All meetings of any agency at which official business is to be discussed or at which official action is to be taken shall be open to the public at all times. No resolution, rule, regulation, ordinance, or other formal action of an agency shall be binding unless taken, made, or ar rived at in compliance with this chapter. Any action contesting a resolution, rule, regulation, ordinance, or other formal action of an agency on the ground of noncompliance with this chapter must be commenced within 90 days of the date the resolution, rule, ordinance, or regulation was passed or the formal action was taken, provided that any action under this chapter contesting a zoning decision of a local governing authority shall be commenced within the time allowed by law for appeal of such zoning decision.
(c) Representatives of the news media at all times shall be afford ed access to meetings declared open to the public pursuant to subsec tion (b) of this Code section. Visual, sound, and visual and sound recording during open meetings by representatives of the news media shall be permitted at each public meeting.
(d) Every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting. Whenever any scheduled, adjourned, or postponed meeting required to be open to the public is to be held at a time other than that regularly scheduled, or when any specially called meeting required to be open to the public is to be held, the agency shall give due notice

THURSDAY, FEBRUARY 25, 1982

1331

thereof. A notice shall be sufficient if posted for a period of 24 hours at the place of regular meetings. In emergency situations, an agency may hold a meeting with less than 24 hours' notice upon giving such notice as is reasonable under the circumstances, in which event the reason for holding the meeting within 24 hours and the nature of the notice given shall be recorded in the minutes.
(e) The minutes of a meeting of any agency shall be taken and recorded within ten days after being taken and shall be open to public inspection. The superior courts of this state shall have jurisdiction to entertain actions against agencies and their members to contest a resolution, rule, regulation, ordinance, or other formal action on the ground of noncompliance with this chapter, to redress violations or threatened violations of the provisions of this chapter, and to grant such relief, including injunction, as may be appropriate. Such actions may be brought by any person, corporation, or other entity. Where a violation of this chapter is established, the plaintiff shall be awarded reasonable attorney's fees and other litigation expenses reasonably in curred in the action, in addition to any other relief which may be deemed appropriate.
50-14-2. (a) This chapter shall not be construed so as to repeal in any way:
(1) The attorney-client privilege recognized by state law; and
(2) Those tax matters which are otherwise made confidential by state law.
(b) Where a meeting of an agency is devoted in part to matters within the exceptions set forth in subsection (a) of this Code section, any portion of the meeting not subject to any such exception, privilege, or confidentiality shall be open to the public, and minutes of such portions shall be taken, recorded, and open to public inspection as provided in subsection (e) of Code Section 50-14-1. In addition, the minutes of any such meeting shall reflect the specific reason or reasons for any closure.
50-14-3. It shall be unlawful for any person who is a member of any agency to conduct any meeting or any portion thereof not held in accordance with this chapter. Any person who is a member of any agency and who conducts or participates in any meeting held in viola tion of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $ 100.00.
50-14-4. This chapter shall not apply to the following:
(1) Staff meetings held for investigative purposes under duties or responsibilities imposed by law;
(2) The deliberations and voting of the State Board of Pardons and Paroles;
(3) Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the state, including grand jury meetings;

1332

JOURNAL OF THE SENATE

(4) Meetings when any agency is discussing the future acquisition of real estate;
(5) Meetings of any committee of a public hospital when the com mittee is considering the grant of abortions under state law; and
(6) Meetings when:
(A) Any agency is discussing the appointment, employment, disciplinary action, or dismissal of a public officer or employee; or
(B) Any agency is hearing complaints or charges brought against a public officer or employee unless he requests a public meeting.
50-14-5. It is declared to be the public policy of this state that meetings of public bodies and groups of every kind and character shall, except as provided in this chapter, be open to the public at all times. It is the finding of the General Assembly that the holding of open meetings is in the public interest, permits the general public to become and remain aware of actions taken in their behalf, and fosters confidence in the actions and doings of public bodies. Conversely, it is the finding of the General Assembly that the closing of meetings of such public bodies and groups breeds suspicion and distrust and thereby undermines confidence in governmental action. It is the in tention of the General Assembly that the provisions of this chapter shall be liberally construed to effectuate the findings and purposes set forth in this Code section and that the exceptions provided to this chapter shall be narrowly construed in favor of the broadest possible openness in such meetings."
Section 2. This Act shall become effective on November 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are 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
Barnes Bell

Bond Brannon Brantley
Broun of 46th Cobb

. Coverdell Deal Dean
Eldridge Engram

THURSDAY, FEBRUARY 25, 1982

1333

Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Howard

Hudgins Land Lester McKenzie Robinson Scott Stephens

Summers Sutton Tate Thompson Trulock Turner Tysinger

Those voting in the negative were Senators:

Bowen Brown of 47th Bryant Coleman English Gillis

Hill Kennedy Kidd Littlefield McGill

Reynolds Starr Timmons Walker Wessels

Those not voting were Senators:

Holloway (presiding) Horton

Hudson

Stumbaugh

On the passage of the bill, the yeas were 36, nays 16.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 685. By Senator Kidd of the 25th:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia An notated, known as the Georgia Municipal Election Code, so as to change the provisions relating to the filing of the certified list of qualified voters with the city clerk; to change the procedures for voting by absentee ballot; 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 Broun of 46th Brown of 47th Bryant

1334
Cobb Coleman Coverdell Deal Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Garner

JOURNAL OF THE SENATE

Gillis Greene Howard Hudgins Kennedy Kidd Land Littlefield McGill McKenzie Robinson

Scott Starr Stephens Summers Sutton Tate Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Engram
Hill Holloway (presiding) Horton

Hudson Lester Reynolds

Stumbaugh Thompson Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 689. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia An notated, known as the Georgia Election Code, so as to provide for the ap pointment, compensation, and duties of chief deputy registrars; to pro vide for each applicant to complete two registration cards and for the registrar of the municipality under certain circumstances; to change the procedures for voting by absentee ballot; 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
Broun of 46th Brown of 47th Bryant Cobb
Coleman

Coverdell Deal
Dean Eldridge English Evans
Fincher of 52nd

THURSDAY, FEBRUARY 25, 1982

1335

Fincher of 54th Foster Garner Gillis Greene
Hill Howard Hudgins 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:

Engram Holloway (presiding)

Horton Hudson

Stumbaugh Timmons

On the passage of the bill, the yeas were 50, nays 0.
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 SB 689.
SB 699. By Senators Greene of the 26th, Barnes of the 33rd, Bowen of the 13th and others: A bill to amend Code Section 68A-903, relating to homicide by vehicle, as amended, so as to change the provisions relating to homicide by vehicle; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Senators Greene of the 26th, Barnes of the 33rd and Deal of the 49th offered the following substitute to SB 699:
A BILL
To be entitled an Act to amend Code Section 68A-903, relating to homicide by vehicle, as amended, so as to change the provisions relating to homicide by vehicle; to amend Code Section 68A-1507, relating to prosecution of a violation as a state or local offense; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

1336

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 68A-903, relating to homicide by vehicle, as amended, is amended by striking said Code section in its entirety and in serting in lieu thereof a new Code Section 68A-903 to read as follows:
"68A-903. Homicide by vehicle, (a) Whoever shall, without malice aforethought, cause the death of another person through the violation of section 68A-901, section 68A-902, section 68A-904(a), or section 42 of an Act known as the 'Uniform Act Regulating Traffic on Highways,' approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), shall be guilty of homicide by vehicle in the first degree. A person convicted under this subsection shall be punished by im prisonment for not less than one year nor more than five years.
(b) Whoever shall cause the death of another person, without an intention to do so, by violating any section of this Title other than sec tion 68A-901, section 68A-902, section 68A-904(a), or section 42 of an Act known as the 'Uniform Act Regulating Traffic on Highways,' ap proved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), shall be guilty of homicide by vehicle in the second degree when such violation is the cause of said death. A person convicted under this subsection shall be punished as for a misdemeanor.
(c) Whoever shall, after being declared a habitual violator as determined under section 68B-308 and while such person's license is in revocation, cause the death of another person, without malice aforethought, by operation of a motor vehicle, shall be guilty of homicide by vehicle in the first degree. A person convicted under this subsection shall be punished by imprisonment for not less than three years nor more than seven years."
Section 2. Code Section 68A-1507, relating to prosecution of a viola tion as a state or local offense, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 68A-1507 to read as follows:
"68A-1507. Option to treat as State or local offense; right of defen dant to have case treated as State offense. (a) Any offense, except a violation of Code Section 68A-903, which is a violation of this Title and of a local ordinance may, at the discretion of the local law en forcement officer or prosecutor, be charged as a violation of the State statute or local ordinance. A violation of Code Section 68A-903 shall be charged as a violation of State law.
(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 after con ducting a commitment hearing in which probable cause for arrest is found or upon obtaining a waiver of commitment hearing, shall sum marily fix his bond and bind his case over to the appropriate State tribunal.

THURSDAY, FEBRUARY 25, 1982

1337

(c) No person tried in any court for a violation of this Title or any ordinance adopted pursuant thereto shall thereafter be tried in any court for the same offense. A conviction for the violation of an or dinance adopted pursuant to this Title shall be considered a prior con viction for all purposes under this Title, and under the Act to create the Department of Public Safety for Georgia, approved March 13, 1937, and the several Acts amendatory thereof.
(d) No court, other than a court having jurisdiction to try a person charged with a violation of Code Section 68A-903, shall have jurisdic tion over any offense arising under the laws of this State or the or dinances of any political subdivision thereof, which offense arose out of the same conduct which led to said person being charged with a violation of Code Section 68A-903 and any judgment rendered by such court shall be null and void."
Part 2
Section 3. Code Section 40-6-393 of the Official Code of Georgia An notated, relating to homicide by vehicle, is amended by deleting said Code section in its entirety and inserting in lieu thereof a new Code Sec tion 40-6-393 to read as follows:
"40-6-393. (a) Any person who, without malice aforethought, causes the death of another person through the violation of Code Sec tion 40-6-271, 40-6-390, 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprison ment for not less than one year nor more than five years.
|b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than Code Section 40-6-271, 40-6-390, 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Sec tion 17-10-3.
|c) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the of fense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than seven years.''
Section 4. Code Section 40-6-376 of the Official Code of Georgia An notated, relating to prosecution of a violation as a state or local offense, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-6-376 to read as follows:
"40-6-376. (a) Any offense, except a violation of Code Section 40-6-393, which is a violation of a provision of this chapter and of a local ordinance may, at the discretion of the local law enforcement of-

1338

JOURNAL OF THE SENATE

ficer or prosecutor, be charged as a violation of the state statute or of the local ordinance. A violation of Code Section 40-6-393 shall be charged as a state violation.
(b) If the offense charged under an ordinance constitutes a viola tion of any provision of this chapter, the defendant may elect to have the charge treated as a state offense. If the defendant so elects, the recorder or city judge, after conducting a commitment hearing in which probable cause for arrest is found, or upon obtaining a waiver of commitment hearing, shall summarily fix the defendant's bond and bind his case over to the appropriate state tribunal.
(c) No person tried in any court for a violation of this chapter or any ordinance adopted pursuant thereto shall thereafter be tried in any court for the same offense. A conviction for the violation of an or dinance adopted pursuant to this chapter shall be considered a prior conviction for all purposes under this chapter and under Chapter 13 of this title.
(d) No court, other than a court having jurisdiction to try a person charged with a violation of Code Section 40-6-393, shall have jurisdic tion over any offense arising under the laws of this state or the or dinances of any political subdivision thereof, which offense arose out of the same conduct which led to said person being charged with a violation of Code Section 40-6-393 and any judgment rendered by such court shall be null and void."
Parts
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Gillis of the 20th offered the following amendment:

Amend the substitute to SB 699 offered by Senators Greene of the 26th, Barnes of the 33rd and Deal of the 49th by striking on Page 2, line 15 and on Page 4, line 20, the word "seven" and inserting in lieu thereof the word "ten".

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted as amended.

THURSDAY, FEBRUARY 25, 1982

1339

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes 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 Howard Hudgins 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:

Bell Broun of 46th Fincher of 52nd

Holloway (presiding) Horton Hudson

Stumbaugh Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 699.
SB 701. By Senators Greene of the 26th and Ballard of the 45th:
A bill to amend Code Section 27-401, relating to persons who may hold courts of inquiry generally, so as to provide that judges of probate courts who are licensed attorneys at law may hold courts of inquiry; to amend the Official Code of Georgia Annotated accordingly; to provide for effec tive dates.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1340

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker 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 Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill

Those not voting were Senators:

Barnes Bell Bond

Broun of 46th Holloway (presiding) Horton

McKenzie Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Hudson Stumbaugh Timmons

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 703. By Senator Kidd of the 25th: A bill to provide for a declaration of purpose; to define certain terms; to authorize all state agencies, boards, commissions, departments, and authorities to accept and process payroll deduction authorizations and deduct funds from salaries of officers and employees for contribution to eligible charitable health and human care organizations; to provide that such deductions be on a voluntary basis; to provide 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, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 25, 1982

1341

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes 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 Howard Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bell Bryant Garner

Holloway (presiding) Horton Hudson

Stumbaugh Timmons Wessels

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 706. By Senator Land of the 16th:
A bill to amend an Act providing preference for certain veterans in any civil service program established in state government or any political subdivision thereof, so as to provide certain preferences for retention of employees where there is a reduction in force involving the layoff or demotion of permanent employees in any part of the classified service of state government; to amend the Official Code of Georgia Annotated ac cordingly.
The Senate Committee on Governmental Operations offered the following substitute to SB 706:

A BILL
To be entitled an Act to amend an Act providing preference for cer tain veterans in any civil service program established in state govern ment or any political subdivision thereof, approved April 24, 1969 (Ga. L. 1969, p. 642), so as to provide certain preferences for retention of

1342

JOURNAL OF THE SENATE

employees where there is a reduction in force involving the layoff or demotion of permanent employees in any part of the classified service of state government; to amend the Official Code of Georgia Annotated ac cordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act providing preference for certain veterans in any civil service program established in state government or any political subdivision thereof, approved April 24, 1969 (Ga. L. 1969, p. 642), is amended by adding between Sections 2 and 3 a new section, to be designated Section 2A, to read as follows:
"Section 2A. (a) When it is necessary by reason of shortage of work or funds or material change in duties or organization to reduce the overall staff of a state agency or to reduce the number of employees in one or more classes of positions, which employees are in the classified service of the State Merit System of Personnel Ad ministration, the provisions of subsection (b) of this section shall be applied.
(b) Should two or more employees have the same combined total of retention credits based upon performance reports and length of ser vice only, the order of layoff shall be determined by giving preference for retention to the employee who is entitled to veterans preference."
Part 2
Section 2. Chapter 2 of Title 45 of the Official Code of Georgia An notated, relating to eligibility and qualifications for office, is amended by adding at the end of Article 2, immediately following Code Section 45-2-22, a new Code section, to be designated Code Section 45-2-23, to read as follows:
"45-2-23. (a) When it is necessary by reason of shortage of work or funds or material change in duties or organization to reduce the overall staff of a state agency or to reduce the number of employees in one or more classes of positions, which employees are in the classified service of the State Merit System of Personnel Administration, the provisions of subsection (b) of this Code section shall be applied.
(b) Should two or more employees have the same combined total of retention credits based upon performance reports and length of ser vice only, the order of layoff shall be determined by giving preference for retention to the employee who is entitled to veterans preference."
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

THURSDAY, FEBRUARY 25, 1982

1343

(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senators Land of the 16th and Kidd of the 25th offered the following substitute to SB 706:

A BILL
To be entitled an Act to amend an Act providing preference for cer tain veterans in any civil service program established in state govern ment or any political subdivision thereof, approved April 24, 1969 (Ga. L. 1969, p. 642), so as to provide certain preferences for retention of employees where there is a reduction in force involving the layoff or demotion of permanent employees in any part of the classified service of state government; to amend the Official Code of Georgia Annotated ac cordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act providing preference for certain veterans in any civil service program established in state government or any political subdivision thereof, approved April 24, 1969 (Ga. L. 1969, p. 642), is amended by adding between Sections 2 and 3 a new section, to be designated Section 2A, to read as follows:
"Section 2A. (a) When it is necessary by reason of shortage of work or funds or material change in duties or organization to reduce the overall staff of a state agency or to reduce the number of employees in one or more classes of positions, which employees are in the classified service of the State Merit System of Personnel Ad ministration, the provisions of subsection (b) of this section shall be applied.
(b) Retention credits shall be based only on performance reports and length of service, and the employees with the highest amounts of retention credits shall be retained; provided, however, that, should two or more employees have the same combined total of retention credits, the order of layoff shall be determined by giving preference for retention to the employee who is entitled to veterans preference."

1344

JOURNAL OF THE SENATE

Part 2
Section 2. Chapter 2 of Title 45 of the Official Code of Georgia An notated, relating to eligibility and qualifications for office, is amended by adding at the end of Article 2, immediately following Code Section 45-2-22, a new Code section, to be designated Code Section 45-2-23, to read as follows:
' '45-2-23. (a) When it is necessary by reason of shortage of work or funds or material change in duties or organization to reduce the overall staff of a state agency or to reduce the number of employees in one or more classes of positions, which employees are in the classified service of the State Merit System of Personnel Administration, the provisions of subsection (b) of this Code section shall be applied.
(b) Retention credits shall be based only on performance reports and length of service, and the employees with the highest amounts of retention credits shall be retained; provided, however, that, should two or more employees have the same combined total of retention credits, the order of layoff shall be determined by giving preference for retention to the employee who is entitled to veterans preference."
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Robinson of the 27th moved that SB 706 be placed on the Table.

On the motion, the yeas were 10, nays 37; the motion was lost, and SB 706 was not tabled.

On the adoption of the substitute to SB 706 offered by the Senate Committee on Governmental Operations, the yeas were 0, nays 34, and the committee substitute was lost.

On the adoption of the substitute to SB 706 offered by Senators Land of the 16th and Kidd of the 25th, 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 by substitute.

THURSDAY, FEBRUARY 25, 1982

1345

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bond Bowen Brantley Broun of 46th Bryant Cobb Cole man Coverdell Deal English

Engram Evans Fincher of 52nd Foster Gillis Greene Howard Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Scott Starr Stephens Summers Sutton Tate Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Brannon Brown of 47th Dean

Eldridge Fincher of 54th Garner

Those not voting were Senators:

Bell Holloway (presiding) Horton

Hudson Stumbaugh

Hill Robinson Thompson
Timmons Wessels

On the passage of the bill, the yeas were 39, nays 10.
The bill, having received the requisite constitutional majority, was passed by substitute.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 706.
Senator Holloway of the 12th, President Pro Tempore, who was presiding, an nounced 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.

1346

JOURNAL OF THE SENATE

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1267. By Representatives Johnson of the 72nd, Matthews of the 145th, Lane of the 81 st and others:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to remove the limitations from the compensation to be paid the secretary-treasurer of the Board of Commissioners of the Sheriffs' Retire ment Fund of Georgia; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsors: Senators Tate of the 38th and Stephens of the 36th.

The following fiscal note, as required by law, was read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

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 25, 1982

SUBJECT: Fiscal Note-House Bill 1267 (LC 3 1552) Sheriffs' Retirement Fund of Georgia

This Bill would remove the $7,500 limitation on the salary paid to the secretary-treasurer of the Board of Commissioners of the Fund. The secretary-treasurer's salary would continue to be set by the Board of Commissioners, but without limitation.

The fiscal impact of this Bill will depend on the amount of salary set by the Board. The secretary-treasurer's salary is currently $7,291. Should the Board set the salary above $7,500, the amount of salary in excess of $7,500 will constitute the cost of this Bill to the Fund. The actuary for the fund has stated that this Bill would have a minimal cost impact on the fund and not adversely affect the overall soundness of the funding of the retirement benefits.

Isi William M. Nixon State Auditor

/s/ Clark T. Stevens, Director Office of Planning and Budget

THURSDAY, FEBRUARY 25, 1982

1347

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage 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 Brown of 47th Bryant Cobb Coleman Deal

Eldridge English Foster Greene Hill Howard Kennedy Kidd Lester Littlefield

McGill McKenzie Scott Stephens Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Bond Brannon Broun of 46th Coverdell Dean Engram Evans Fincher of 52nd

Fincher of 54th Garner Gillis Holloway Horton Hudgins Hudson Land

Reynolds Robinson Starr Stumbaugh Summers Sutton Timmons Wessels

On the passage of the bill, the yeas were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1281. By Representatives Childs of the 51st, Snow of the 1st, Burruss of the 21st and Edwards of the 110th:
A bill to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, so as to permit a spouse to use certain surnames when the use of the surnames is not with the intent to deprive another fraudulently of any right under the law; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Howard of the 42nd.

1348

JOURNAL OF THE SENATE

The Senate Committee on Judiciary offered the following substitute to HB 1281:

A BILL
To be entitled an Act to amend Code Chapter 53-2, relating to mar riage licenses, so as to provide for the determination of legal surnames which will be used after marriage; to provide for other matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 53-2, relating to marriage licenses, is amended by adding between Code Sections 53-202 and 53-203 a new Code Section 53-202.1 to read as follows:
"53-202.1. Determination of legal surname, (a) The form for ap plication for marriage licenses shall be designed and printed in such a manner that applicants therefor shall designate the surnames which will be used as their legal surnames after the marriage is consum mated. The legal surnames shall be designated as provided in subsec tion (b) of this Code section.
|b) A spouse may use as a legal surname his or her:
(1) Given surname or, in the event the given surname has been changed as provided in Code Chapter 79-5, the surname so changed;
(2) Spouse's surname; or
(3) Surname as provided in paragraph (1) of this subsection in con junction with the surname of the other spouse.''
Part 2
Section 2. Article 2 of Chapter 3 of Title 19, relating to the marriage license and ceremony, is amended by adding between Code Sections 19-3-33 and 19-3-34 a new Code Section 19-3-33.1 to read as follows:
"19-3-33.1. (a) The form for application for marriage licenses shall be designed and printed in such a manner that applicants therefor shall designate the surnames which will be used as their legal sur names after the marriage is consummated. The legal surnames shall be designated as provided in subsection (b) of this Code section.
(b) A spouse may use as a legal surname his or her:
(1) Given surname or, in the event the given surname has been changed as provided in Chapter 12 of this title, the surname so chang ed;

THURSDAY, FEBRUARY 25, 1982

1349

(2) Spouse's surname; or
(3) Surname as provided in paragraph (1) of this subsection in con junction with the surname of the other spouse."
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are 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:

Barker
Barnes Bond Brantley
Broun of 46th Deal Eldridge Engram

Evans
Foster Greene Horton
Howard Hudgins Kennedy Kidd

Land
Littlefield Robinson Scott
Stephens Stumbaugh Turner Walker

Those voting in the negative were Senators:

Allgood Ballard Bell Bowen Brannon
Brown of 47th Bryant Cobb Coleman

Dean English Fincher of 52nd Fincher of 54th Garner
Gillis Hill Holloway Lester

McGill McKenzie Reynolds Starr Summers
Tate Thompson Trulock Tysinger

1350

JOURNAL OF THE SENATE

Those not voting were Senators:

Coverdell Hudson

Sutton Timmons

Wessels

On the passage of the bill, the yeas were 24, nays 27.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Howard of the 42nd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 1281.

Senator Brannon of the 51st introduced the doctor of the day, Dr. Evan Boddy, of Woodstock, Georgia.

The following general bills and resolutions of the House and Senate, favorably reported by the committee, were read the third time and put upon their passage:

HB 1300. By Representatives Ginsberg of the 122nd and Davis of the 124th:
A bill to amend the "Trial Judges and Solicitors Retirement Fund Act," so as to authorize certain members of the fund and local retirement plans to withdraw from membership in either the state fund or the local retire ment plan and withdraw their contributions; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Coleman of the 1st.

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and
Budget

DATE:

January 25, 1982

SUBJECT: Fiscal Note-House Bill 1300 (LC 142121) Trial Judges' and Solicitors' Retirement Fund

This Bill would allow members of the Fund who are also required to be members of a county retirement plan to elect to terminate member ship in the Fund or the county plan if they wish to do so. Should a

THURSDAY, FEBRUARY 25, 1982

1351

member choose to withdraw from the Trial Judges' and Solicitors' Retire ment Fund, that member would be paid the total sum he or she has paid into the Fund plus interest at 6% per year. If a member should choose to withdraw from the county plan, payment would be made according to the provisions of that plan. A person who withdraws from either fund would not be eligible to rejoin that fund later.

Currently there are 121 members of the Fund. Of that number, 70 are either solicitors or juvenile judges who are not eligible for member ship in the Fund if they are members of local retirement systems. Therefore, a maximum of 51 members could be affected by this Bill. Because the exact number of members affected and the number who would withdraw cannot be determined, the fiscal impact of this Bill can not be estimated. However, any withdrawals would have a beneficial ef fect on the Fund since employer contributions would be retained by the Fund.

It should be noted that the proposed Official Code of Georgia An notated, Section 47-10-40, paragraph (c) would change the eligibility of solicitors who are members of county systems. Currently, solicitors who are members of county systems are prohibited from Fund membership, but the proposed code would allow solicitors who are members of a county fund to become members of the Trial Judges' and Solicitors' Retirement Fund.

Isl 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 Barnes Bell Bond Bowen Brannon Brantley 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 Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Tate Thompson Trulock Turner Tysinger

1352

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard Barker Broun of 46th (excused conferee) Coverdell

Hill Holloway (excused conferee) Hudson Summers

Sutton Timmons Walker Wessels

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1345. By Representatives Ham of the 80th, Coleman of the 118th, Randall of the 101st and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia An notated, relating to sheriffs, so as to change the provisions relating to the investigation of charges against sheriffs; to provide procedures for suspending sheriffs under certain circumstances.
Senate Sponsor: Senator Cobb of the 28th.

The Senate Committee on Public Safety offered the following amendment:
Amend HB 1345 by adding between the first and second sentences in subsection (c) on line 16 of Page 2 a new sentence to read as follows:
"In any case where a sheriff has been suspended for 60 days, the Governor may extend the period of suspension for an additional 30 days."
By striking from said subsection (c) on line 21 of Page 2 the follow ing:
"15-16-11",
and inserting in lieu thereof the following: "15-16-10".
On the adoption of the amendment, the yeas were 34, nays 1, and the amend ment was adopted.
The Senate Committee on Public Safety offered the following amendment:

Amend HB 1345 by adding in Section 1 at the end of line 8 on Page 3 the following:
"If the sheriff fails to appeal such conviction, a vacancy shall be declared in such office immediately upon the removal of the sheriff. If the sheriff appeals such conviction, the chief judge of the superior

THURSDAY, FEBRUARY 25, 1982

1353

court of the county of the sheriff's residence shall appoint a person who meets the qualifications for sheriffs pursuant to Code Section 15-16-1 to assume the duties and responsibilities of the office of sheriff on a temporary basis until all appeals of such conviction are ex hausted by the sheriff or until the expiration of the sheriff's term of of fice, whichever event occurs first. After all appeals have been ex hausted, if the conviction of the sheriff has been upheld, the probate court shall declare a vacancy in such office to be filled as provided by law. Any sheriff removed from office as provided in this subsection who has his conviction nullified, reversed, or set aside on appeal and who has time remaining in his term of office to which elected shall be automatically reinstated in office for the remainder of his unexpired term."

On the adoption of the amendment, the yeas were 40, nays 1, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill 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 SenatofsT"

Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Bryant
Cobb Coleman Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Kennedy Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Tate Thompson Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Brown of 47th

Kidd

Hudgins

Tysinger

Those not voting were Senators:

Allgood (excused conferee)

Evans

Sutton

Broun of 46th (excused conferee) Holloway (excused conferee) Wessels

Coverdell

Hudson

1354

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 44, nays 4.

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 1410. By Representatives Bishop of the 94th and Hamilton of the 31st:
A bill to amend Code Section 34-610, relating to the location of main of fice of board of registrars and registration of electors at main office and at other designated locations, so as to provide that certain places open to and frequented by the general public shall be deemed as appropriate per manent or temporary voter registration places; to amend the Official Code of Georgia Annotated accordingly.
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:

Ballard Barker Barnes Bell Bond Brannon Brown of 47th Bryant Cobb Deal Dean Eldridge English

Engram Evans Foster Garner Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd Lester

Littlefield McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Tate Thompson Trulock Turner Tysinger

Voting in the negative was Senator Brantley.

Those not voting were Senators:

Allgood (excused conferee) Bowen
Broun of 46th (excused conferee) Coleman Coverdell Fincherof52nd

Fincher of 54th Gillis (presiding) Hudson Land McKenzie

Summers Sutton Timmons Walker Wessels

THURSDAY, FEBRUARY 25, 1982

1355

On the passage of the bill, the yeas were 39, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1413. By Representative Pinkston of the 100th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Department of Administrative Services, so as to provide for a bond for the director of the fiscal division; to provide for the general duties of the fiscal division.
Senate Sponsor: Senator Robinson of the 27th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell
Bowen Brantley Brown of 47th Bryant Deal Dean Eldridge English Engram

Evans Fincher of 54th Foster Garner Greene Hill Hollo way Horton Howard Hudgins Kennedy Kidd Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Tate Thompson Trulock Turner Tysinger

Those not voting were Senators:

Allgood (excused conferee) Bond Brannon Broun of 46th (excused conferee) Cobb Coleman

Coverdell Fincher of 52nd Gillis (presiding) Hudson Land Stephens

Summers Sutton Timmons Walker Wessels

On the passage of the bill, the yeas were 39, nays 0. The bill, having received the requisite constitutional majority, was passed.

1356

JOURNAL OF THE SENATE

The President resumed the Chair.

HB 1470. By Representative Birdsong of the 103rd:
A bill to amend Code Section 34-603, relating to county registrars, their duties and compensation, so as to change the provisions relating to com pensation of registrars; to amend the Official Code of Georgia Annotated accordingly.
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 Brantley Brown of 47th Bryant Cobb Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd

Those not voting were Senators:

Ballard Brannon Broun of 46th (excused conferee) Coleman Coverdell

Fincher of 52nd Hudson Land Robinson Summers

Lester Littlefield McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Tate Thompson Trulock Turner Tysinger
Sutton Timmons Walker Wessels

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

THURSDAY, FEBRUARY 25, 1982

1357

HB 1499. By Representative Colwell of the 4th:
A bill to amend Code Section 91-1 lOa, relating to the authority of the State Properties Commission to execute written contracts, so as to pro vide that a locational, dimensional, and directional sketch acceptable to the commission may be included in an application to lease state-owned lands; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Brown of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bowen Brannon Brown of 47th Bryant Cobb Coleman Deal

English Engram Fincher of 54th Foster Gillis Hill Horton Kennedy Kidd Land

Those voting in the negative were Senators:

Barnes Bell Bond Brantley Coverdell Dean

Eldridge Evans Garner Greene Howard Hudgins

Those not voting were Senators:

Broun of 46th Fincher of 52nd Holloway (presiding)

Hudson Summers Sutton

Lester McGill McKenzie Reynolds Starr Stephens Tate Turner Tysinger Walker
Littlefield Robinson Scott Stumbaugh Thompson Trulock
Timmons Wessels

On the passage of the bill, the yeas were 30, nays 18. The bill, having received the requisite constitutional majority, was passed.

1358

JOURNAL OF THE SENATE

Senator Trulock of the 10th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1499.

HB 1509. By Representative Castleberry of the 111th:
A bill to amend Georgia Code Section 93-210, relating to the assessment of public service corporation fees in an amount sufficient to cover the operating cost of the Georgia Public Service Commission, so as to clarify the method used to determine the amount of such fees in certain cases; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Hill of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell 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 Kennedy Kidd Land

Those not voting were Senators:

Bond Coleman Fincher of 52nd Holloway (presiding)

Hudson Starr Summers

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Tate Thompson Trulock Turner Ty singer Walker
Sutton Timons Wessels

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 25, 1982

1359

HB 1532. By Representatives Scott of the 123rd, Hill of the 127th, Darden and Wilson of the 19th and others:
A bill to amend Code Section 34-508, relating to the compensation of poll officers, so as to provide minimum compensation for poll officers in all counties of this state having a population of 200,000 or more according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly.
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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Voting in the negative was Senator Fincher of 54th.

Those not voting were Senators:

Bowen Coleman Holloway (presiding)

Hudson Stephens Summers

Sutton Timmons Wessels

On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed.

1360

JOURNAL OF THE SENATE

The following general resolutions of the House and Senate, favorably reported by the committees, were read the third time and put upon their adop tion:

HR 562. By Representatives Ware of the 68th, Murphy of the 18th, Lambert of the 112th and others:
A resolution relative to the cost of the State Health Benefit Plan.
Senate Sponsor: Senator Lester of the 23rd.

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 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 Gillis Greene Hill Horton Howard Hudgins Kennedy Land

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Tate Thompson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes

Kidd

Those not voting were Senators:

Bowen English Holloway (presiding)

Hudson Starr Summers

Stumbaugh
Sutton Timmons Wessels

On the adoption of the resolution, the yeas were 44, nays 3.

THURSDAY, FEBRUARY 25, 1982

1361

The resolution, having received the requisite constitutional majority, was adopted.

HR 619. By Representative Jones of the 126th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to Union Camp Cor poration, a Virginia corporation authorized to do business in Georgia, its successors and assigns, a mineral lease pertaining to certain property owned or claimed by the state, situate in the Savannah River, Chatham County, Georgia.
Senate Sponsors: Senators Wessels of the 2nd and 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:

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 Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Tysinger Walker

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Allgood Barker Holloway (presiding)

Hudson Summers

Timmons Wessels

On the adoption of the resolution, the yeas were 48, nays 1.

1362

JOURNAL OF THE SENATE

The resolution, having received the requisite constitutional majority, was adopted.

SR 274. By Senator Coverdell of the 40th: A resolution creating the Hazardous Drivers Study Committee.

The Senate Committee on Public Safety offered the following substitute to SR 274:
A RESOLUTION
Creating the Hazardous Drivers Study Committee; and for other pur poses.
WHEREAS, the incidence of serious traffic offenses such as driving under the influence of alcohol or drugs has increased dramatically during recent years; and
WHEREAS, the General Assembly should review the laws dealing with serious traffic offenses and the administration of those laws by the courts of this state in an effort to find more effective methods to remove hazardous drivers from the streets and highways of this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Hazardous Drivers Study Committee is created which shall be composed of 18 members as follows:
(a) Four members of the Senate, three of whom shall be appointed by the President of the Senate and the fourth shall be the chairman of the Senate Public Safety Committee;
(b) Four members of the House of Representatives, three of whom shall be appointed by the Speaker of the House of Representatives and the fourth shall be the chairman of the Public Safety Committee of the House of Representatives;
(c) One official or employee of the Department of Public Safety ap pointed by the Commissioner of Public Safety;
(d) One official or employee of the Department of Human Resources appointed by the commissioner of said department;
(e) One official or employee of the Office of Highway Safety ap pointed by the director of said office;
(f) Four judges of courts of this state appointed by the Governor, one of whom shall be a judge of a municipal or recorder's court, one of whom shall be a judge of a probate court exercising jurisdiction over traffic of fenses, one of whom shall be a judge of a state court, and one of whom shall be a juvenile court judge; and
(g) Three citizens of Georgia appointed by the Governor.

THURSDAY, FEBRUARY 25, 1982

1363

BE IT FURTHER RESOLVED that the committee shall conduct a comprehensive study of the existing laws of this state relating to serious traffic offenses, with particular emphasis on driving under the influence of alcohol or drugs. Such study shall also include the administration of such laws by the courts of this state. The purpose of the study will be to find more effective methods of substantially reducing the number of hazardous drivers operating on the streets and highways of this state.
BE IT FURTHER RESOLVED that the organizational meeting of the committee shall be held upon the joint call of the President of the Senate and the Speaker of the House of Representatives. At the organizational meeting, the committee shall elect a chairman from its own membership and such other officers from its own membership as the committee finds necessary or desirable. The committee shall adopt its own rules of proce dure and may meet at such times and places as the committee shall deter mine but not exceeding ten days unless additional days are authorized by both the President of the Senate and the Speaker of the House.
BE IT FURTHER RESOLVED that the legislative members of the committee shall receive the expenses and allowances provided by law for legislative members of interim committees for attending meetings of the committee. Members of the judiciary who serve on the committee shall be reimbursed for actual and necessary expenses and travel ex penses for attending meetings of the committee from legislative funds. State officials or employees who serve on the committee shall be reim bursed for actual and necessary expenses and travel expenses from the funds of their respective departments or agencies for attending meetings of the committee. Citizen members of the committee shall be reimbursed for expenses and travel for attending committee meetings in the same manner as state employees. All funds necessary to carry out the provi sions of this resolution, except as provided herein, shall come from funds appropriated or available to the legislative branch of state government or from funds made available to the Office of Highway Safety by the Con gress of the United States pursuant to 23 USCA, Section 402.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, including proposed legislation, to the Governor and all members of the General Assembly on or before the date the General Assembly convenes in regular session in 1983, on which date the committee shall stand abolished.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

1364

JOURNAL OF THE SENATE

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 Gillis Hill Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Garner Greene

Holloway (presiding) Hudson

Summers Wessels

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 591. By Representative Dover of the llth:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the use by the Habersham County School District of the proceeds of any local sales and use tax levied within Habersham County; to adjust millage rate limitations upon and the millage rate levied by the Haber sham County School District on or after January 1, 1984, to take into ac count the local sales and use tax proceeds received by the school district the preceding year; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

THURSDAY, FEBRUARY 25, 1982

1365

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V, Paragraph II of the Constitution is amended by adding at the end a new undesignated paragraph to read as follows:
"Subject to the conditions and limitations provided by local law, the General Assembly may allocate all or any portion of the proceeds within Habersham County of any local sales and use tax, regardless of by whom the tax is levied, to the Habersham County School District for educational purposes of the Habersham County School System. The ad valorem tax millage rate limitation applicable to the Haber sham County School District under Article VIII, Section VII of this Constitution, as well as the annual ad valorem tax millage rate levied by the Habersham County School District for educational purposes, shall each be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within the Habersham County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately preceding taxable year. The General Assembly may provide by local law the methods and procedures for reducing the millage rate as required by this paragraph. The authority provided by this paragraph may be exercised by the General Assembly not withstanding 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 Habersham County and those political subdivi sions located therein, notwithstanding the provisions of any conflict ing general law.''
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the use by the Habersham County School District of the pro-
[ ] NO ceeds of any local sales and use tax levied within Haber sham County; to adjust millage rate limitations upon and the millage rate levied by the Habersham County School District on or after January 1, 1984, to take into account the local sales and use tax proceeds received by the school district the preceding year?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

1366

JOURNAL OF THE SENATE

The Senate Committee on County and Urban Affairs offered the following substitute to HR 591:
A RESOLUTION
Proposing an amendment to the Constitution so as to require the Board of Education of the Habersham County School District to impose, levy, and collect a 1 percent sales and use tax for education purposes and to adjust millage rate limitations upon and the millage rate levied by the Habersham County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year; 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 VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows:
"The Board of Education of the Habersham County School District shall impose, levy, and collect a sales and use tax for educa tional purposes of that school district. This tax shall be at the rate of 1 percent, but in all other respects, except as otherwise provided in this paragraph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipality sales and use tax. The ad valorem tax millage rate limitation applicable to the Habersham County School District under this Section VII of the Constitution shall be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within the Habersham County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately preceding taxable year. The Habersham County School District shall also comply with the provisions of Code Section 48-8-91 as if the Habersham County School District were a county or municipality within the meaning of that Code section and as if the tax provided for herein were levied pursuant to Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. No referendum shall be required for the imposi tion of this tax. Nothing in this paragraph shall prohibit Habersham County and those municipalities located therein from imposing as an additional tax that joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. The Habersham County School district is authorized to contract or otherwise provide for the collection and ad ministration of the tax required to be imposed under this paragraph. The tax authorized by this paragraph may be imposed, levied, and col lected as provided herein without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to further define and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or

THURSDAY, FEBRUARY 25, 1982

1367

hereafter enacted dealing with the subject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to require the Board of Education of the Habersham County School
[ ] NO District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Haber sham County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the 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 Coverdell Deal Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land

1368

JOURNAL OF THE SENATE

Lester Littlefield McGill Reynolds Robinson Scott

Starr Stephens Stumbaugh Sutton Tate

Those not voting were Senators:

Engram Holloway (presiding) Hudson

McKenzie Summers

Thompson Timmons Turner Tysinger Walker
Trulock Wessels

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted by substitute.

HR 640. By Representatives Smith and Moore of the 152nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption in an amount of $4,000.00 from all county and county school ad valorem taxes for residents of Camden County; to pro vide an additional homestead exemption in an amount of $4,000.00 from all county and county school ad valorem taxes for residents of Camden County who are 60 years of age or older and who have an income from all sources in an amount not exceeding $12,000.00; to provide pro cedures in connection with obtaining such exemptions; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof the following:
"Any other provision of the Constitution to the contrary not withstanding, the homestead of each resident of Camden County ac tually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is ex empted from all county and county school ad valorem taxes in an amount of $4,000.00 of its value. In addition to the $4,000.00 homestead exemption provided for above, the homestead of each resi dent of Camden County who is 60 years of age or older and who has an income not exceeding $12,000.00 is exempted from all county and county school taxes in an amount of $4,000.00 of its value. The homestead exemptions provided herein shall continue for so long as any such resident of Camden County actually occupies said homestead as his residence. Provided, however, no homestead ex-

THURSDAY, FEBRUARY 25, 1982

1369

emption from ad valorem taxation by Camden County shall exceed the sum of $8,000.00. The value of the homestead in excess of the above exempted amount or amounts shall remain subject to ad valorem taxation by Camden County. No resident shall receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the county, or a person designated by the governing authority, with an affidavit stating that he is a resident and that his property is his homestead and residence and containing such additional information as will enable the governing authority to make a determination as to whether such person is entitled to such exemp tion. The governing authority shall provide the necessary forms for such purpose. No resident who is entitled to the additional exemption as provided for above shall be qualified to receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of Camden County, or with the person designated by the governing authority of Camden County, giving his age and the amount of income which he receives and such additional information as may be required to make a determination as to whether such owner is entitled to such exemption. Such applications shall be proc essed in the same manner as other applications for homestead exemp tions and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto; but after any such person has filed the proper application and certificates as provided above and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the governing authority in the event he becomes ineligible for any reason for the ex emptions provided in this paragraph. The General Assembly may pro vide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemptions provided herein 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 Shall the Constitution be amended so as to provide a homestead exemption in an amount of $4,000.00 from all
[ ] NO county and county school ad valorem taxes for residents of Camden County and to provide an additional home stead exemption in an amount of $4,000.00 from all coun ty and county school ad valorem taxes for residents of Camden County who are 60 years of age or older and who have an income from all sources in an amount not ex ceeding $ 12,000.00?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

1370

JOURNAL OF THE SENATE

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the resolution proposing an amendemnt 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 Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land

Lester Littlefield McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Engram Holloway (presiding)
Hudson

McKenzie Summers

Trulock Wessels

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

HR 669. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the jurisdiction of civil cases over which Justices of the Peace of Lowndes County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

THURSDAY, FEBRUARY 25, 1982

1371

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is amended by adding at the end thereof the following paragraph:
"Provided, however, that in Lowndes County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed $1,000.00."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the [ ] NO jurisdiction of civil cases over which the Justices of the Peace of Lowndes County shall have jurisdiction?"
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 Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land

Lester Littlefield McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker

1372

JOURNAL OF THE SENATE

Those not voting were Senators:

Engram Holloway (presiding) Hudson

McKenzie Summers

Trulock Wessels

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
HR 670. By Representatives Patten of the 149th, Reaves of the 147th, and Beck of the 148th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the board of commissioners of Lowndes County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated area of Lowndes County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V, Paragraph I of the Constitution is amended by adding at the end thereof the following new paragraph:
"The board of commissioners of Lowndes County, Georgia, as the governing authority of said county, is authorized and empowered to levy, assess, and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated area of said county, except those businesses regulated by the Public Service Com mission and those corporations organized under Chapter 3 of Title 46 of the Official Code of Georgia Annotated, and is further authorized and empowered to classify all such businesses and business enter prises and to assess different fees and taxes against different classes of business being conducted in the unincorporated areas of said county; and, in order to provide for the public welfare, health, and security of the people of Lowndes County, the governing authority of said county is further authorized and empowered to regulate and exercise police powers over any businesses operated or conducted within the unin corporated areas of said county, except those businesses regulated by the Public Service Commission and those corporations organized under Chapter 3 of Title 46 of the Official Code of Georgia Annotated, and to prescribe and enforce such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any such regulations adopted by said governing authority of Lowndes County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."

THURSDAY, FEBRUARY 25, 1982

1373

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 Lowndes County shall
[ ] NO have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated area of Lowndes County?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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 Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land

Lester Littlefield McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Engram Holloway (presiding) Hudson

McKenzie Summers

Trulock Wessels

1374

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

HR 671. By Representatives Ramsey of the 3rd, and Williams and Foster of the 6th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the board of commissioners of Whitfield County to provide by ordinance or resolution for the creation of a merit system of employment and person nel administration for employees of Whitfield County paid in whole or in part by county funds, other than elected and certain appointed officials; to provide for matters relating 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 IX, Section V, Paragraph II of the Constitution is amended by adding at the end thereof the following paragraph:
"Notwithstanding any other provision of this Constitution to the contrary, the board of commissioners of Whitfield County is authoriz ed to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of the county who are paid in whole or in part by county funds, other than officials elected by the people or persons appointed to a position for a specified term and subject to the limitations hereinafter provid ed. The merit system shall be administered pursuant to rules and regulations of the Whitfield County Merit System adopted by or dinance or resolution by the board of commissioners of Whitfield County. Positions of employment within departments subject to the jurisdiction of the probate judge, the tax commissioner, the sheriff, and the clerk of superior court or other commissions, boards, or bodies shall be subject to the rules and regulations of the merit system only upon the written application of the county officer, commission, board, or body having the power of appointment, employment, or removal from positions within that office, department, commission, board, or body. Once positions of employment are made subject to the rules and regulations of the merit system, they shall not be removed thereafter from the coverage of the merit system. As a condition necessary for the ordinance or resolution creating the merit system to become effective, the board of commissioners of Whitfield County shall conduct at least three public hearings on the proposed ordinance or resolution. Such public hearings shall be conducted during a period of 60 days prior to the proposed effective date of the ordinance or resolution. All ordinances or resolutions adopted pursuant to this paragraph shall control in Whitfield County over any general law or local law heretofore or hereafter enacted by the General Assembly dealing with matters provided for in this paragraph."

THURSDAY, FEBRUARY 25, 1982

1375

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 board of commissioners of Whitfield County to provide
[ ] NO by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Whitfield County paid in whole or in part by county funds, other than elected or certain appointed of ficials?"
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 Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land

Lester Littlefield McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker

1376

JOURNAL OF THE SENATE

Those not voting were Senators:

Engram Holloway (presiding) Hudson

McKenzie Summers

Trulock Wessels

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
HR 698. By Representative Walker of the 115th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the justices of the peace of Schley County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is amended by adding at the end thereof the following paragraph:
"Provided, however, that in Schley County the justices of the peace shall have jurisdiction in all civil cases arising ex contractu in cases of injury or damage to and conversion of personal property when the principal sum does not exceed $750.00 and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court or an appeal to the superior court under such regula tions as may be prescribed by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the justices of the
[ ] NO peace of Schley County shall have jurisdiction from $200.00 to $750.00"
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.

THURSDAY, FEBRUARY 25, 1982

1377

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 Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land

Lester Littlefield McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Engram Holloway (presiding) Hudson

McKenzie Summers

Trulock Wessels

On the adoption of the resolution, the yeas were 49, 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 3:58 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomor row.

1378

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, February 26, 1982
Twenty-seventh Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Scott of the 43rd reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Howard of the 42nd moved that the Senate reconsider its action of February 25 in defeating the following bill of the House:

HB 1281. By Representatives Childs of the 51st, Snow of the 1st, Burruss of the 21st and Edwards of the 110th:
A bill to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, so as to permit a spouse to use certain surnames when the use of the surnames is not with the intent to deprive another fraudulently of any right under the law; to amend the Official Code of Georgia Annotated accordingly.

On the motion, the yeas were 33, nays 4; the motion prevailed, and HB 1281 was reconsidered and placed on 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:

HB 1266. By Representatives Lane of the 40th, Couch and Greer of the 43rd and others:
A bill to amend an Act establishing a new charter for the City of East Point, so as to provide for election of the mayor and council; to provide for two posts in each ward, one of which shall henceforth be elected on a ward-wide basis, and one of which shall be elected on a city-wide basis.

FRIDAY, FEBRUARY 26, 1982

1379

HB 1341. By Representative Benn of the 38th:
A bill to amend the Act providing that cities having a population of more than 300,000 shall furnish pensions to all officers and employees of such cities or for other purposes set forth in the caption of said Act and the several Acts amendatory thereof; to authorize deductions from pension benefits for advanced sick leave.

HB 1411. By Representative Pinkston of the 100th:
A bill to amend an Act known as Bibb County Water & Sewerage Authority Act, to repeal paragraph (b) of Section 4.5, entitled "Additional Powers,'' of the Charter of said Authority; to authorize the Authority to acquire insurance coverages, insuring its property, its Authority members, its officers and its employees.

HB 1698. By Representative McDonald of the 12th:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia An notated, relating to the time for making tax returns, so as to change the time for submitting tax returns in certain counties.

HB 1700. By Representatives Johnson, Wood, and Benefield of the 72nd:
A bill to amend Code Title 91 A, relating to public revenue, so as to change the amount of deductions by county tax officials from school taxes in certain counties; to amend the Official Code of Georgia An notated accordingly.

HB 1701. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to amend an Act providing for the membership of the Cherokee County Board of Education, so as to provide for education districts for the Cherokee County Board of Education; to provide for the present members of the board.

HB 1702. By Representative Triplett of the 128th:
A bill to amend an Act creating a new charter for the City of Garden City, so as to provide .that the council may appoint more than one recorder pro tem in the recorder's court; to provide that the mayor pro tern shall be an ex officio justice of the peace.

HB 1705. By Representative Ross of the 76th:
A bill to amend an Act creating a board of commissioners of roads and revenues of Lincoln County, so as to change the compensation of the chairman of the board of commissioners.

1380

JOURNAL OF THE SENATE

HB 1710. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing for a board of commissioners of Henry County, so as to create the office of county administrator; to provide for the qualifications, powers, duties, and responsibilities of the county ad ministrator.

HB 1711. By Representative Lord of the 105th:
A bill to amend an Act creating a new charter for the City of Tennille, so as to change the corporate limits of said city.

HB 1712. By Representative Lord of the 105th:
A bill to amend an Act creating the State Court of Washington County, so as to change the compensation of the judge and solicitor of said court.

HB 1713. By Representative Lord of the 105th:
A bill to amend an Act creating a board of commissioners of Washington County, so as to change the compensation of the commissioners; to change requirements as to purchases by competitive bids.

HB 1731. By Representatives Pinkston of the 100th, Home of the 104th, Randall of the 101st and others:
A bill to amend an Act establishing a board of commissioners of Bibb County, so as to change the provisions relating to commissioner districts.

HB 1732. By Representatives Pinkston of the 100th, Home of the 104th, Randall of the 101st and others:
A bill to amend the "Macon-Bibb County Water and Sewerage Authority Act," so as to change the provisions relating to electoral districts.

HB 1483. By Representative Rowland of the 119th:
A bill to amend Code Section 5A-6121, relating to alcoholic beverage sales in private clubs in counties having a population of not less than 32,500 or more than 32,800 according to the census, so as to change the population brackets and census reference; to amend the Official Code of Georgia Annotated accordingly.

HB 1550. By Representative Robinson of the 58th:
A bill to amend Code Section 41A-3520, relating to minors' deposits in financial institutions, so as to provide that a minor may have third-party payment accounts; to provide that the payment of an order to third party out of the minor's account shall be a valid and sufficient release and discharge of the savings and loan association for any payment out of such funds from the minor's account; to amend the Official Code of Georgia Annotated accordingly.

FRIDAY, FEBRUARY 26, 1982

1381

HB 1408. By Representatives Snow of the 1st, Culpepper of the 98th, Williams of the 48th and others:
A bill to amend an Act known as the "Child Support Recovery Act," so as to define and redefine certain terms to include both child and spousal support within the coverage of the Act; to amend the Official Code of Georgia Annotated accordingly.

The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate:

HR 597. By Representative Rainey of the 135th:
A resolution proposing an amendment to the Constitution so as to in crease the membership of the Crisp County-Cordele Industrial Develop ment Authority.

HR 592. By Representative Ralston of the 7th: A resolution designating the C. L. Moss Parkway.

HR 593. By Representative Ralston of the 7th: A resolution designating the Clem Holland Memorial Bridge.

HR 707. By Representatives Hasty, Anderson and Harris of the 8th and others:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia to Mr. James E. Tidwell.

SR 301. By Senators Tate of the 38th and Hudgins of the 15th: A resolution commending the Collections of Life & Heritage, Inc.

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:

SR 229. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia, to J. P. Stevens and Company, Inc.

SR 249. By Senator Littlefield of the 6th:
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 a nonex clusive easement in and to certain state-owned real property situated in the Frederica River, Glynn County, Georgia, to Golden Isles Marina, Inc.

1382

JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 659. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the election of commissioners.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 1575. By Representatives Colwell and Twiggs of the 4th:
A bill to provide an annual salary for the Tax Commissioner of Union County in lieu of all fees.

HB 1576. By Representatives Colwell and Twiggs of the 4th:
A bill to provide an annual salary for the Clerk of the Superior Court of Union County in lieu of fees.

HB 1577. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and pro viding an annual salary for said officer, so as to change the provisions relative to the compensation of said officer.

HB 1578. 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 relating to the compensation of the sheriff.

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 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, to 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.

FRIDAY, FEBRUARY 26, 1982

1383

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.

HB 84. By Representatives Cox of the 141st, Lord of the 105th, Bargeron of the 83rd and others:
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.

The House has agreed to the Senate substitute to the following resolution of the House:

HR 577. By Representative Jones of the 78th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey by quitclaim deed certain stateowned real property located within Butts County, Georgia, to Butts County, Georiga.
The House has agreed to the Senate amendments to the following bills of the House:

HB 1359. By Representatives Vaughn of the 57th, Childs of the 51st, Richardson of the 52nd and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Rockdale Judicial Circuit, to be composed of the County of Rockdale.

HB 1231. By Representatives Mullinax of the 69th, Aaron of the 56th, Oliver of the 121st and others:
A bill to amend an act known as the Employment Security Law, so as to delete the national trigger for extended benefits as required by the Federal Unemployment Tax Act; to remove obsolete dates; to change the state trigger for extended benefits.

HB 1387. By Representative Bishop of the 94th:
A bill to amend Chapter 9 of Title 49 of the Official Code of Georgia An notated, relating to the Division of Vocational Rehabilitation of the Department of Human Resources, so as to change the name of said agen cy to the Division of Rehabilitation Services of the Department of Human Resources.

1384

JOURNAL OF THE SENATE

HB 1360. By Representative Edwards of the 110th:
A bill to change the terms of the Superior Court of Taylor County in the Chattahoochee Judicial Circuit; to amend the Official Code of Georgia Annotated accordingly.

The House has adopted the report of the Committee of Conference on the following bills of the House:

HB 1109. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend an Act known as the "Georgia Water Quality Control Act," so as to provide for monitoring, recording, and reporting certain in formation regarding the withdrawal of water from surface waters for cer tain irrigation systems.

HB 1110. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others:
A bill to amend an Act known as the "Groundwater Use Act of 1972," so as to change the provisions relating to exemptions from said Act.

The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

HB 686. By Representative Wood of the 9th:
A bill to amend Code Section 88-1805, relating to functions and powers of hospital authorities, so as to authorize such authorities to receive or provide certain management, consulting, and operating services.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 856. By Representatives Chamberlin of the 73rd, Vandiford of the 53rd, Branch of the 137th and others:
A bill to provide that posters or framed copies representing our national motto and American flag shall be displayed in each public elementary and secondary school library and classroom in this state and in each public building or facility in this state which is maintained or operated by state funds.

FRIDAY, FEBRUARY 26, 1982

1385

The following bills of the Senate were introduced, read the first time and refer red to committees:

SB 724. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend the Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to transfer the current provisions relating to area planning and development commissions and an advisory committee relating thereto from Chapter 8 of Title 50, relating to the Department of Community Affairs, to a new Chapter 65 of said Title 36; to newly authorize the creation of area planning and development com missions and the names thereof.
Referred to Committee on County and Urban Affairs--Gen.

SB 725. By Senator Bond of the 39th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to change the composition of certain congressional districts; to provide for the composition of certain boards and bodies; to provide for all related matters; to provide for the incorporation of the provisions of this Act into the Official Code of Georgia Annotated; to pro vide an effective date.
Referred to Committee on Reapportionment.

SB 726. By Senator Littlefield of the 6th:
A bill to amend an Act creating the Board of Commissioners of Wayne County, as amended, so as to change the provisions relative to the elec tion of members of the Board; to provide for others matters relative thereto; to provide for a referendum; to provide effective dates.
Referred to Committee on County and Urban Affairs.

SB 727. By Senators Reynolds of the 48th and Deal of the 49th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia An notated, relating to juvenile proceedings, so as to provide for juvenile court jurisdiction over certain children over the age of 17 years; to change certain definitions; to provide an effective date.
Referred to Committee on Judiciary.

SB 728. By Senators Wessels of the 2nd and Foster of the 50th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act", as amended, so as to change the membership of the authority; to provide for legislative intent; to create the Georgia Secon dary Market Corporation; to provide that all of the corporate powers, duties, and functions of the corporation shall be exercised by a board of directors; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Special Judiciary.

1386

JOURNAL OF THE SENATE

SB 729. By Senator Scott of the 43rd:
A bill to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, as amended, so as to change the provisions relative to school board districts; to change the provisions relative to the election of members of said board of education.
Referred to Committee on County and Urban Affairs.

SB 730. By Senator Summers of the 53rd:
A bill to amend Code Section 84-311 A, relating to the qualifications for auctioneers and apprentice auctioneers, so as to authorize the issuance of an auctioneer's license to certain persons without the necessity for taking an examination; to amend the Official Code of Georgia Annotated ac cordingly; to provide effective dates.
Referred to Committee on Governmental Operations.

SB 731. By Senator Dean of the 31 st:
A bill to amend Code Section 2-6-28 of the Official Code of Georgia An notated, relating to the number and boundaries of soil and water conser vation districts and the formation of new districts; to provide an effective date.
Referred to Committee on Natural Resources and Environmental Quality.

SB 732. By Senator Dean of the 31 st:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia An notated, relating to income taxes, so as to authorize every individual to designate a certain portion of any overpayment of state income taxes to the United States Olympics Committee; to provide that every individual who has an income tax liability may donate a certain amount to the United States Olympics Committee.
Referred to Committee on Banking, Finance and Insurance.

SB 733. By Senators Robinson of the 27th and Greene of the 26th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create a Senate Committee for Regulatory Reform; to provide for the powers, duties, authority, prac tices and procedures of the committee; to provide for the appointment of members; to provide for officers; to provide for the suspension of rules and regulations.
Referred to Committee on Governmental Operations.

FRIDAY, FEBRUARY 26, 1982

1387

SB 734. By Senators Greene of the 26th and Robinson of the 27th:
A bill to amend Code Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, so as to change certain popula tion brackets; to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays and election days, so as to change certain population brackets and census references; to provide effective dates.
Referred to Committee on Consumer Affairs.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1408. By Representatives Snow of the 1st, Culpepper of the 98th, Williams of the 48th and others:
A bill to amend an Act known as the "Child Support Recovery Act," so as to define and redefine certain terms to include both child and spousal support within the coverage of the Act; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1550. By Representative Robinson of the 58th:
A bill to amend Code Section 41A-3520, relating to minors' deposits in financial institutions, so as to provide that a minor may have third-party payment accounts; to provide that the payment of an order to third par ties out of the minor's account shall be a valid and sufficient release and discharge of the savings and loan association for any payment out of such funds from the minor's account; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Banking, Finance and Insurance.
HB 1483. By Representative Rowland of the 119th:
A bill to amend Code Section 5A-6121, relating to alcoholic beverage sales in private clubs in counties having a population of not less than 32,500 or more than 32,800 according to the census, so as to change the population brackets and census reference; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on County and Urban Affairs.
HB 1266. By Representatives Lane of the 40th, Greer and Lowe of the 43rd and others:
A bill to amend an Act establishing a new charter for the City of East Point, so as to provide for election of the mayor and council; to provide for two posts in each ward, one of which shall henceforth be elected on a ward-wide basis, and one of which shall be elected on a city-wide basis. Referred to Committee on County and Urban Affairs.

1388

JOURNAL OF THE SENATE

HB 1341. By Representative Benn of the 38th:
A bill to amend the Act providing that cities having a population of more than 300,000 shall furnish pensions to all officers and employees of such cities or for other purposes set forth in the caption of said Act and the several Acts amendatory thereof; to authorize deductions from pension benefits for advanced sick leave.
Referred to Committee on County and Urban Affairs.

HB 1411. By Representative Pinkston of the 100th:
A bill to amend an Act known as Bibb County Water & Sewerage Authority Act, to repeal paragraph (b) of Section 4.5, entitled "Additional Powers," of the Charter of said Authority; to authorize the Authority to acquire insurance coverages, insuring its property, its Authority members, its officers and its employees.
Referred to Committee on County and Urban Affairs.

HB 1698. By Representative McDonald of the 12th:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia An notated, relating to the time for making tax returns, so as to change the time for submitting tax returns in certain counties.
Referred to Committee on County and Urban Affairs.

HB 1700. By Representatives Johnson, Wood, Benefield and Lee of the 72nd:
A bill to amend Code Title 91 A, relating to public revenue, so as to change the amount of deductions by county tax officials from school taxes in certain counties; to amend the Official Code of Georgia An notated accordingly.
Referred to Committee on County and Urban Affairs.

HB 1701. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to amend an Act providing for the membership of the Cherokee County Board of Education, so as to provide for education districts for the Cherokee County Board of Education; to provide for the present members of the board.
Referred to Committee on County and Urban Affairs.

HB 1702. By Representative Triplett of the 128th:
A bill to amend an Act creating a new charter for the City of Garden City, so as to provide that the council may appoint more than one recorder pro tern in the recorder's court; to provide that the mayor pro tern shall be an ex officio justice of the peace.
Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 26, 1982

1389

HB 1705. By Representative Ross of the 76th:
A bill to amend an Act creating a board of commissioners of roads and revenues of Lincoln County, so as to change the compensation of the chairman of the board of commissioners.
Referred to Committee on County and Urban Affairs.

HB 1710. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing for a board of commissioners of Henry County, so as to create the office of county administrator; to provide for the qualifications, powers, duties, and responsibilities of the county ad ministrator.
Referred to Committee on County and Urban Affairs.

HB 1711. By Representative Lord of the 105th:
A bill to amend an Act creating a new charter for the City of Tennille, so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 1712. By Representative Lord of the 105th:
A bill to amend an Act creating the State Court of Washington County, so as to change the compensation of the judge and solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 1713. By Representative Lord of the 105th:
A bill to amend an Act creating a board of commissioners of Washington County, so as to change the compensation of the commissioners; to change requirements as to purchases by competitive bids. Referred to Committee on County and Urban Affairs.

HB 1731. By Representatives Pinkston of the 100th, Home of the 104th, Randall of the 101st and others:
A bill to amend an Act establishing a board of commissioners of Bibb County, so as to change the provisions relating to commissioner districts. Referred to Committee on County and Urban Affairs.

HB 1732. By Representatives Pinkston of the 100th, Home of the 104th, Randall of the 101st and others:
A bill to amend the "Macon-Bibb County Water and Sewerage Authority Act," so as to change the provisions relating to electoral districts.
Referred to Committee on County and Urban Affairs.

1390

JOURNAL OF THE SENATE

HR 592. By Representative Ralston of the 7th:
A resolution designating the C. L. Moss Parkway. Referred to Committee on Transportation.

HR 593. By Representative Ralston of the 7th:
A resolution designating the Clem Holland Memorial Bridge. Referred to Committee on Transportation.

HR 597. By Representative Rainey of the 135th:
A resolution proposing an amendment to the Constitution so as to in crease the membership of the Crisp County-Cordele Industrial Develop ment Authority.
Referred to Committee on County and Urban Affairs.

HR 707. By Representatives Hasty, Anderson and Harris of the 8th and Childers of the 15th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia to Mr. James E. Tidwell.
Referred to Committee on Public Utilities.

HB 856. By Representatives Chamberlin of the 73rd, Vandiford of the 53rd, Branch of the 137th and others:
A bill to provide that posters or framed copies representing our national motto and American Flag shall be displayed in each public elementary and secondary school library and classroom in this state and in each public building or facility in this state which is maintained or operated by state funds.
Referred to Committee on Education.

The following reports of standing committees were read by the Secretary:

Mr. President:
The Committee on Agriculture 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 713. Do pass by substitute.
Respectfully submitted, Senator McGill of the 24th District, Chairman

FRJDAY, FEBRUARY 26, 1982

1391

Mr. President:

The 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 460. Do pass. HB 1259. Do pass by substitute. HR 542. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The 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 716. Do pass. SB 719. Do pass. SR 321. Do pass. HB 1471. Do pass. HB 1622. Do pass. HB 1640. Do pass. HB 1644. Do pass. HB 1646. Do pass. HB 1647. Do pass. HB 1649. Do pass. HB 1650. Do pass. HB 1651. Do pass. HB 1653. Do pass. HB 1661. Do pass. HB 1662. Do pass. HB 1663. Do pass. HB 1664. Do pass. HB 1665. Do pass. HB 1666. Do pass.

1392

JOURNAL OF THE SENATE

HB 1667. Do pass. HB 1668. Do pass. HB 1669. Do pass. HB 1673. Do pass. HB 1674. Do pass. HB 1675. Do pass. HB 1679. Do pass. HB 1680. Do pass. HB 1681. Do pass. HB 1687. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1689. HB 1690. HR 594. HR 705.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Education 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 308. Do pass by substitute. HB 1386. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

FRIDAY, FEBRUARY 26, 1982

1393

Mr. President:

The 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 recommendation:
HB 1399. Do pass.
Respectfully submitted, Senator Foster of the 50th District, Chairman

Mr. President:

The 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:
SR 315. Do pass. HB 638. Do pass by substitute. HB 1205. Do pass. HB 1261. Do pass by substitute.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:
The 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 676. Do pass. HB 1207. Do pass.
Respectfully submitted, Senator Ballard of the 45th District, Chairman

1394 Mr. President:

JOURNAL OF THE SENATE

The Committee on Offender Rehabilitation has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 720. Do pass. HB 1335. Do pass by substitute. HB 1336. Do pass. HB 1337. Do pass by substitute.
Respectfully submitted, Senator Kennedy of the 4th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 73. Do pass by substitute.
Respectfully submitted, Senator Wessels of the 2nd District, Chairman

The following bills and resolutions of the Senate and House were read the sec ond time:

SB 103. By Senator Howard of the 42nd:
A bill to amend Code Section 42-302B, prohibiting certain representa tions relating to the sale of Kosher food, so as to remove certain exemp tions relating to advertising.

SB 541. By Senator Kidd of the 25th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures, so as to change the provisions relating to the forfeiture of money and currency and money and currency received from the sale of seized property; to provide an effective date.

FRIDAY, FEBRUARY 26, 1982

1395

SB 549. By Senator Coverdell of the 40th:
A bill to amend an Act providing that cities having a population of more than 150,000 according to the United States decennial census of 1920 or any future such census shall furnish pensions to officers and employees of such cities, as amended, so as to provide that certain benefits for of ficers elected or appointed for definite terms shall not apply to officers who take office after a certain date.

SB 646. By Senator Allgood of the 22nd:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, which article relates to liens, so as to require that certain claims for lien be executed under oath; to change bonding amounts; to provide for an effective date.

SB 654. By Senator Evans of the 37th:
A bill to amend an Act authorizing counties to establish and maintain law libraries, as amended, so as to provide that a city court of any city of the state having a population of 300,000 or more according to the 1980 United States decennial census or any future such census shall not be re quired to collect any costs that may be required by the foregoing Act; to amend the Official Code of Georgia Annotated accordingly.

SB 656. By Senators Barnes of the 33rd, Thompson of the 32nd, Starr of the 44th and others:
A bill to prohibit certain nude and sexual conduct on premises where alcoholic beverages are sold or dispensed for consumption on the premises; to define terms; to prohibit the use of devices or objects to per form or simulate such conduct on such premises; to prohibit the showing and display of pictures and other reproductions and images depicting such conduct on such premises; to prohibit the solicitation of drinks by certain persons on such premises; to amend the Official Code of Georgia Annotated accordingly.

SB 687. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to amend an Act reincorporating the City of Marietta in Cobb County and creating a new charter for said city, as amended, so as to change the date for holding certain elections; to change the time at which the mayor protem is appointed; to change the time at which one member of the board of lights and waterworks is appointed; to provide for judges of the municipal court and a solicitor of the city court.

SB 709. By Senator Starr of the 44th:
A bill to provide for the appointment of law enforcement officers of the United States or of any of the several states to assist law enforcement agencies of this state; to provide for the powers, duties, privileges, and immunities of such appointed law enforcement officers; to provide pro cedures in connection with such appointments; to amend the Official Code of Georgia Annotated accordingly.

1396

JOURNAL OF THE SENATE

SB 710. By Senators English of the 21st, Gillis of the 20th, Walker of the 19th and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, The "Georgia Student Finance Authority Act," so as to provide for a program of grants to Georgia residents for at tendance at colleges of osteopathic medicine; to provide that such grants shall be in the form of loans cancellable by certain practice; to provide for governance of the program by the board of regents and administra tion of the program by Georgia Student Finance Authority.

SB 711. By Senators Lester of the 23rd and Gillis of the 20th:
A bill to amend Code Title 56, known as the "Georgia Insurance Code," as amended, so as to provide that the Commissioner may impose an ad ministrative fine upon an insurer for certain act of officers, employees, agents, or representatives; to amend the Official Code of Georgia An notated accordingly; to provide for effective dates.

SB 718. By Senator Scott of the 43rd:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia An notated, relating to the jurisdiction and duties of the Georgia State Patrol, so as to provide that the primary responsibility for performing certain duties upon the interstate highways shall be that of the Uniform Division but to allow other law enforcement agencies to perform such duties; to provide an effective date.

SR 244. By Senator Kidd of the 25th:
A resolution to amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 extraordinary session of the General Assembly, which proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982, so as to change the provisions relating to the County Court of Baldwin County and the County Court of Putnam County.

SR 264. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution so as to ex empt the capital improvements of the Cabbagetown Historic District economic reuse establishment and certain additions thereto from all City of Atlanta and Fulton Coutny ad valorem property taxes, including ad valorem taxes for school purposes, for a period of seven years following their establishment or addition; to provide certain exceptions; to provide for the submission of this amendment for ratification or rejection.

FRIDAY, FEBRUARY 26, 1982

1397

SR 273. By Senator Land of the 16th:
A resolution to amend Resolution Act No. 1 (House Resolution No. 4, adopted at the 1981 extraordinary session of the General Assembly), which proposes a new Constitution for the State of Georgia so as to pro vide that, if more than one year of an unexpired term of a Justice of the Supreme Court, a Judge of the Court of Appeals, a superior court judge, or a state court judge remains at the time a vacancy occurs, then such vacancy shall be filled by a special election.

SR 307. By Senators Ballard of the 45th, Fincher of the 54th, Tysinger of the 41st and others:
A resolution urging the members of the Georgia delegation to the United States Congress to use their influence to persuade the United States Treasury Department to design and produce a national medal to honor the State of Georgia on the two hundred fiftieth anniversary of its found ing.

SR 309. By Senator Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to re quire the Board of Education of the Rabun County School District to im pose, levy, and collect a one percent sales and use tax for educational purposes and to adjust millage rate limitations upon the millage rate levied by the Rabun County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year; to provide for the submission of this amend ment for ratification or rejection.

SR 310. By Senator Coverdell of the 40th:
A resolution to establish the third week of November annually as "Georgia Motor Vehicle Safety Week".

HB 723. By Representatives Davis of the 124th, Darden of the 19th, Fuller of the 16th and others:
A bill to amend Code Chapter 27-9, relating to bail, surrender of prin cipal, and forfeiture of bond, so as to change the provisions relating to bail; to prohibit bail under certain circumstances.

HB 1175. By Representatives Savage of the 25th, Kemp of the 139th, Clark of the 13th and others:
A bill to amend Code Section 16-11-64 of the Official Code of Georgia An notated, relating to the use of wiretapping, eavesdropping, and other surveillance devices by law enforcement officers, so as to authorize the use of such devices in investigating crimes involving importation or sale of controlled substances.

1398

JOURNAL OF THE SENATE

HB 1191. By Representative Phillips of the 125th:
A bill to amend Code Chapter 3-10, relating to limitations of actions for torts, so as to change the fire departments to which Code Section 3-1004.1 is applicable; to renumber Code Section 3-1004.1; to amend the Official Code of Georgia Annotated accordingly.

HB 1206. By Representatives Richardson of the 52nd and Lowe of the 43rd:
A bill to amend Code Section 1-2-7 of the Official Code of Georgia An notated, relating to citizenship rights of females, so as to no longer to ex empt women from the liability to discharge military, police, patrol or road duty.

HB 1249. By Representative Darden of the 19th:
A bill to amend an Act known as the "Development Authorities Law," so as to redefine the term "cost of project"; to amend the Official Code of Georgia Annotated accordingly.

HB 1252. By Representatives Watson of the 114th:
A bill to amend Code Chapter 5A-25, relating to state license re quirements and regulations for manufacture, distribution, and package sales business; to amend the Official Code of Georgia Annotated ac cordingly.

HB 1339. By Representative Johnson of the 72nd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, to as to change the requirements relating to the remission of employee and employer contributions; to provide for a penalty in the case of the failure or refusal of the employer to remit timely the employee and employer contributions; to amend the Official Code of Georgia Annotated accordingly.

HB 1373. By Representatives Reaves of the 147th, Veazey of the 146th, Balkcom of the 140th and others:
A bill to amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, so as to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Official Code of Georgia Annotated according-

HB 1406. By Representatives Snow of the 1st, Culpepper of the 98th, Darden of the 19th and others:
A bill to amend the "Child Support Recovery Act," so as to provide that information obtained by the Department of Human Resources may be utilized for locating a parent or child for the purpose of making or enforc ing a child custody determination or in cases of parental kidnapping; to amend the Official Code of Georgia Annotated accordingly.

FRIDAY, FEBRUARY 26, 1982

1399

HB 1533. By Representative Phillips of the 59th:
A bill to amend Code Section 41A-102, relating to definitions, so as to provide that the term "financial institution" shall include federal credit unions for the purpose of permitting Georgia state chartered credit unions to charge interest rates equal to interest rates charged by federal credit unions; to amend the Official Code of Georgia Annotated ac cordingly.

HB 1626. By Representative Walker of the 115th: A bill to repeal an Act creating the Perry Redevelopment Authority.

HB 1635. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to create the Mountville Water Authority and to authorize such authority to acquire, construct, operate, and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private and public concerns, and commercial and industrial establishments.

HR 517. By Representatives Murphy of the 18th and Thomas of the 66th:
A resolution to repeal Resolution Act No. 69 (House Resolution No. 119), adopted at the 1981 regular session of the General Assembly, which resolution proposed an amendment to the Constitution so as to provide the manner of filling vacancies in certain elected constitutional offices of the state.

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 Greene Hill Holloway Horton Howard Hudgins Kennedy Land
Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner
Tysinger Walker Wessels

1400

JOURNAL OF THE SENATE

Those not answering were Senators:

Bell Coverdell

Garner Gillis

Hudson Kidd

Senator Eldridge of the 7th introduced the chaplain of the day, Dr. Henry Fields, pastor of the First Baptist Church, Waycross, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 322. By Senators Gillis of the 20th, English of the 21st, McGill of the 24th and others:
A resolution commending the State Medical Education Board, the University of Georgia Cooperative Extension Service, the Medical Col lege of Georgia, the Joint Board of Family Practice, the Medical Associa tion of Georgia, the Southeastern Institute for Community Health, Inc., the Georgia Academy of Family Physicians, and the Georgia Hospital Association.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 686. By Representative Wood of the 9th:
A bill to amend Code Section 88-1805, relating to functions and powers of hospital authorities, so as to authorize such authorities to receive or provide certain management, consulting and operating services.

The House amendment was as follows:
Amend the Senate substitute to HB 686 by striking from the title beginning on line 19 of Page 1 the following:
"to provide for dissolution of authorities and disposition of prop erty in certain cases;''.
By striking in its entirety Section 2 beginning on line 27 of Page 4 and continuing through line 22 of Page 6.
By renumbering Section 3 as designated on Page 6 as Section 2.
By striking in its entirety Section 4 beginning on line 22 of Page 9 and continuing through line 17 of Page 11.
By renumbering Sections 5 and 6 in Part 3 on Page 11 as Sections 3 and 4, respectively.
By renumbering Section 7 on Page 12 as Section 5.

FRIDAY, FEBRUARY 26, 1982

1401

Senator Barnes of the 33rd moved that the Senate agree of the House amend ment to the Senate substitute to HB 686.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Bowen Brantley Brown of 47th
Cobb Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Foster Garner Gillis Hill Holloway
Horton Howard Hudgins Kennedy Land Lester McQill

McKenzie Reynolds Scott Stephens Stumbaugh Summers Tate
Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative were Senators Bryant and Littlefield.

Those not voting were Senators:

Allgood Bell Brannon Broun of 46th

Coverdell Fincher of 54th Greene Hudson

Kidd Robinson Starr Sutton

On the motion, the yeas were 42, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 686.

SENATE RULES CALENDAR Friday, February 26, 1982
TWENTY-SEVENTH LEGISLATIVE DAY
HB 1490. Peace Officer Standards and Training Act--include employees of Offender Rehabilitation (Pub Saf--49th)
HB 1158. Columbus-Muscogee--special purpose grand juries (S Judy--15th)
SB 548. Employees' Retirement--certain employees remain members of local systems (SUBSTITUTE) (Ret-40th)
HB 1557. Motor Vehicle License Fees, Tags--temporary registration permits (Trns-44th)

1402

JOURNAL OF THE SENATE

SB 313. Certain Written Agreements and Contracts--write in plain language (SUBSTITUTE) (C Aff-17th)
SB 78. Superior Court Judges Retirement--prior public service credit (SUBSTITUTE) (Ret-33rd)
SB 684. Public Health Law Inspection Warrants--redefine inspection warrant (Hum R--34th)
SB 696. Motor Vehicle Certificate of Title--penalty for assigning in blank (C Aff--27th)
SB 500. Human Resources Department--exempt from rules certain conditions (SUBSTITUTE) (Hum R-42nd)
HB 1240. Disposition of Property Seized--change provisions relating to (S Judy-15th)
SB 661. Certain Real Estate Promotional Contests--regulate under certain conditions (SUBSTITUTE) (C Aff-43rd)
SB 614. "Fair Market Value to Property"--exclude certain costs of purchase, sale (AMENDMENT) (BF&I-25th)
SB 535. Legislative Retirement System--change provisions on cessation of benefit return to state service (SUBSTITUTE) (Ret--16th)
HB 1389. Board of Registration of Used Car Dealers--continue until 7/1/88 (Trns--31st)
SB 627. Vehicle Towing by Nonrigid Connection--requirements (Trns-- 26th)
HB 1549. Clinical Laboratories--licensure of specimen collection stations (Hum R-26th)
SB 599. Driver's License Suspension--deducting points assessed (Pub Saf--46th)
HB 1384. Sheriffs--may deposit cash bonds and reserves of professional bonds for interest (Pub Saf--42nd)
HR 674. Apalachicola-Chattahoochee-Flint Rivers Waterway System -continue (NREQ-llth)

Respectfully submitted,
Is/ Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee

FRIDAY, FEBRUARY 26, 1982

1403

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 1490. By Representatives Coleman of the 118th, Hanner of the 130th, Hays of the 1st and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act," so as to provide for the inclusion of certain employees of the Department of Offender Rehabilitation, the State Board of Pardons and Paroles, and county correctional institutions within the definition of the term "peace officer"; to amend the Official Code of Georgia An notated accordingly.
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 Brantley Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Land Lester Littlefield McGill McKenzie

Those not voting were Senators:

Ballard Brannon Broun of 46th

Coverdell Fincher of 54th Holloway

Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Hudson Kidd Robinson

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1404

JOURNAL OF THE SENATE

HB 1158. By Representatives Bishop of the 94th, Smyre of the 92nd, Buck of the 95th and others:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, so as to provide that said Code Chapter shall apply within certain consolidated city-county governments; to amend the Official Code of Georgia Annotated accordingly.
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 Brannon Brantley 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 Kennedy 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:

Barker Broun of 46th

Fincher of 52nd Hudson

Kidd Robinson

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 26, 1982

1405

SB 548. By Senator Coverdell of the 40th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide that persons who become employees of the state as a result of a county probation system becoming a part of the statewide probation system shall have the right to remain members of local retirement systems under certain conditions; to amend the Official Code of Georgia Annotated accordingly.

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 Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director Office of Planning and Budget

DATE:

January 28, 1982

SUBJECT: Fiscal Note-Senate Bill 548 (LC 7 4601) Employees' Retirement System (ERS)

This Bill provides certain retirement options to persons becoming a state employee on or after July 1, 1982 as a result of being employed by a county probation system which became a part of the statewide probation system within the Department of Offender Rehabilitation (DOOR). Six county probation systems with a total of approximately 178 employees could be affected by this Bill. Retirement options must be exercised within six months after the date the county probation system becomes a part of the statewide probation system, are irrevocable, and may not be later recinded or modified. These options are addressed in the following paragraphs.

1. Persons who are members of a local retirement system at the time of transition to state employment may continue active membership in the local retirement system. The salary received by such an employee from DOOR shall be utilized for all purposes under the local retirement system. The employee would continue to pay his/her contributions re quired under the local system and employer contributions would be paid by the governing authority of the applicable county from county funds to the local retirement system.
ERS and local retirement systems would incur no additional liabilities for members electing this option. County governments would incur the cost of employer contributions required under the local retire-

1406

JOURNAL OF THE SENATE

ment system for members electing this option. An actuarial study coupl ed with a survey of persons eligible for this option would be necessary to determine the fiscal impact on county governments. Since county governments would pay employer contributions, DOOR would recognize a savings in the amount of employer contributions (7%%) on the salaries of employees electing this option.
2. Persons who are members of a local retirement system at the time of transition to state employement may become a member of ERS and ob tain creditable service under ERS for all actual service previously rendered as an employee of the county probation system. Within 30 days of a member's election of this option, the governing authority of the county or local retirement system must pay ERS an amount equivalent to the total employee contributions made by the employee to the local retirement system plus an additional amount, as determined by ERS, which together with the employee contributions shall be sufficient to grant the creditable service under ERS without creating any accrued liability.
For members electing this option, ERS would incur no additional liabilities because the accrued liability created by granting such service credit would be paid jointly by the member and either the county or the local retirement system. An actuarial study coupled with a survey of per sons eligible for this option would be necessary to determine the fiscal impact on counties and local retirement systems.
3. Persons subject to this Bill who are not members of a local retire ment system at the time of transition to state employment would become members of ERS effective on the date the county probation system becomes a part of the statewide probation system. Such members may purchase creditable service under ERS for all or any portion of previous actual service rendered as an employee of the county probation system by paying all employee and employer contributions plus regualr interest for the amount of creditable service claimed. The six-month time limita tion for exercising options would not apply to the purchase of this creditable service as members could purchase creditable service at any time during the first five years of membership in ERS. ERS could establish payment schedules for eligible members to purchase this creditable service.
Sufficient information is not available to determine the fiscal im pact of this provision without an actuarial analysis and a survey to deter mine the number of persons meeting these criteria. However, for a per son age 40 with 15 years' service with a county probation system and a salary of $20,000 upon initial state employment, ERS would incur an un funded liability at retirement (in 2001) of approximately $82,284 (which has a present value of $22,710). The unfunded liability results from an in creased liability of $319,353 at retirement age less $237,069, which is the combination of the member's contribution and the interest income earn ed by ERS on the contribution at 7% for 19 years until retirement. These calculations were based upon purchase at the time of state employment.

FRIDAY, FEBRUARY 26, 1982

1407

In summary, an actuarial analysis and a survey of persons affected by this Bill would be necessary to determine the exact fiscal impact on ERS, county governments, and local retirement systems. ERS would in cur no additional liability for two options available and the third option would create an unfunded liability for ERS in the amount of additional reserves required at retirement age less member contributions.

Is/ W. M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to SB 548:
A BILL
To be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to provide that persons who become employees of the state as a result of a county probation system becoming a part of the statewide probation system shall have the right to remain members of local retirement systems under certain conditions; to pro vide that such employees may become members of the Employees' Retirement System and may transfer certain service as an employee of a county probation system to the Employees' Retirement System under certain conditions; to provide procedures and requirements for granting creditable service under the Employees' Retirement System for such employees who were not members of local retirement systems; to pro vide procedures, requirements, and other matters relative to the forego ing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal on a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is amended by adding at the end of Section 4 a new subsection (21) to read as follows:
"(21) (a) Any person becoming an employee of the state at any time on or after July 1, 1982, as a result of being employed by a county probation system which became a part of the statewide probation system administered by the Department of Offender Rehabilitation shall have the options and rights provided for by this subsection. The options available to any such employee under this subsection must be exercised within six months after the date the applicable county pro bation system became a part of the statewide probation system. Any such option shall be exercised by such employee notifying, in writing, the Board of Trustees of the Employees' Retirement System, the com-

1408

JOURNAL OF THE SENATE

missioner of offender rehabilitation, the governing authority of the applicable county, and, when applicable, the board of trustees or other managing body of any local retirement system of which the employee is a member. If the employee is a member of a local retire ment system, such membership shall continue pending the exercise of an option provided by this subsection. The choice made by an employee in selecting an option provided by this subsection shall be irrevocable and may not at any time thereafter be rescinded or modified.
(b) If an employee subject to this subsection was a member of a local retirement system at the time the applicable county probation system became a part of the statewide probation system, such employee may either continue active membership in the local retire ment system as provided in this paragraph or become a member of the Employees' Retirement System and transfer service as an employee of the county probation system to the Employees' Retirement System as provided in paragraph (c) of this subsection. An employee electing to continue membership in a local retirement system shall have the right to continue such membership, and the salary received by such employee as an employee of the Department of Offender Rehabilita tion shall be the salary of such employee for all purposes under the local retirement system. Such employee shall continue to pay the employee contributions required under the local retirement system, and for such purposes, the Department of Offender Rehabilitation may enter into an agreement with the board of trustees or other managing body of the local retirement system whereby the depart ment may deduct such employee contributions from the compensa tion of the employee and pay the amount deducted to the local retire ment system. Employer contributions for continued membership in the local retirement system shall be paid by the governing authority of the applicable county from county funds to the local retirement system. Any employee continuing membership under a local retire ment system under this paragraph shall retain all rights, benefits, and priviliges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county. An employee electing to continue membership in a local retirement system shall not be and may not become a member of the Employees' Retirement System.
(c) An employee who was a member of a local retirement system as provided in paragraph jb) of this subsection may elect to become a member of the Employees' Retirement System. Any such employee so electing may obtain creditable service under the Employees' Retire ment System for all actual service previously rendered as an employee of the applicable county probation system. For each employee so electing, the governing authority of the applicable county or the board of trustees or other managing body of the applicable local retirement system, within 30 days after receiving the notice provided for in paragraph (a) of this subsection, shall pay to the Board of Trustees of the Employees' Retirement System an amount equivalent to the total employee contributions made by the employee to the local retirement system plus an additional amount, as determined by the Board of Trustees of the Employees' Retirement System, which, together with the employee contributions, shall be sufficient to grant

FRIDAY, FEBRUARY 26, 1982

1409

the creditable service under the Employees' Retirement System authorized by this paragraph without creating any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System. The employee contributions paid to the Board of Trustees under this paragraph shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the Board of Trustees under this paragraph shall be depositied by the board into the pension accumulation fund. Upon receiving the payments provided for by this paragraph, the Board of Trustees shall enter the creditable service provided for by this paragraph upon the records of the member.
(d) If an employee subject to this subsection was not a member of a local retirement system at the time the applicable county probation system became a part of the statewide probation system, such employee shall become a member of the Employees' Retirement System effective on the date the county probation system became a part of the statewide probation system. Any such member may pur chase as creditable service under the Employees' Retirement System all or any portion of previous actual service rendered by the member as an employee of the applicable county probation system. Such creditable service may be purchased by the member's paying to the Board of Trustees all employee contributions required under the Employee's Retirement System for the amount of creditable service claimed, plus an additional amount, as determined by the Board of Trustees of the Employees' Retirement System, which, together with the employee contributions, shall be sufficient to grant the creditable service under the Employees' Retirement System without creating any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System. The basis for the employee contributions shall be the compensation the member received upon first becoming an employee of the Department of Of fender Rehabilitation. The employee contributions paid to the Board of Trustees under this paragraph shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the board under this paragraph shall be deposited by the board into the pension accumulation fund. Upon receiving the payments provid ed for by this paragraph, the Board of Trustees shall enter creditable service provided for by this paragraph upon the records of the member. The time limitation for exercising options provided for in paragraph (a) of this subsection shall not apply to the purchase of creditable service under this paragraph. Any eligible member may purchase such creditable service at any time during the first five years of membership in the Employees' Retirement System and parts of such creditable service may be purchased from time to time during such five-year period. The Board of Trustees may establish payment schedules for eligible members to purchase creditable service under this paragraph.
(e) To the extent this subsection conflicts with or is inconsistent with the provisions of a local retirement or pension system affected by this subsection, whether such local retirement or pension system was created by law or by local ordinance, the provisions of this subsection shall control."

1410

JOURNAL OF THE SENATE

Part 2
Section 2. Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employees' Retirement System of Georgia, is amended by adding at the end of said Part 9 a new Code Section 47-2-296 to read as follows:
"47-2-296. (a) Any person becoming an employee of the state at any time on or after July 1, 1982, as a result of being employed by a county probation system which became a part of the state-wide proba tion system administered by the Department of Offender Rehabilita tion shall have the options and rights provided for by this Code sec tion. The options available to any such employee under this Code sec tion must be exercised within six months after the date the applicable county probation system became a part of the state-wide probation system. Any such option shall be exercised by such employee notify ing, in writing, the board of trustees of the Employees' Retirement System, the commissioner of offender rehabilitation, the governing authority of the applicable county, and, when applicable, the board of trustees or other managing body of any local retirement system of which the employee is a member. If the employee is a member of a local retirement system, such membership shall continue pending the exercise of an option provided by this Code section. The choice made by an employee in selecting an option provided by this Code section shall be irrevocable and may not at any time thereafter be rescinded or modified.
(b) If an employee subject to this Code section was a member of a local retirement system at the time the applicable county probation system became a part of the state-wide probation system, such employee may either continue active membership in the local retire ment system as provided in this subsection or become a member of the Employees' Retirement System and transfer service as an employee of the county probation system to the Employees' Retire ment System as provided in subsection (c) of this Code section. An employee electing to continue membership in a local retirement system shall have the right to continue such membership, and the salary received by such employee as an employee of the Department of Offender Rehabilitation shall be the salary of such employee for all purposes under the local retirement system. Such employee shall con tinue to pay the employee contributions required under the local retirement system, and for such purposes, the Department of Of fender Rehabilitation may enter into an agreement with the board of trustees or other managing body of the local retirement system whereby the department may deduct such employee contributions from the compensation of the employee and pay the amount deducted to the local retirement system. Employer contributions for continued membership in the local retirement system shall be paid by the gover ning authority of the applicable county from county funds to the local retirement system. Any employee continuing membership under a local retirement system under this subsection shall retain all rights, benefits, and privileges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county. An employee electing to continue member-

FRIDAY, FEBRUARY 26, 1982

1411

ship in a local retirement system shall not be and may not become a member of the Employees' Retirement System.
(c) An employee who was a member of a local retirement system as provided in subsection (b) of this Code section may elect to become a member of the Employees' Retirement System. Any such employee so electing may obtain creditable service under the Employees' Retirement System for all actual service previously rendered as an employee of the applicable county probation system. For each employee so electing, the governing authority of the applicable county or the board of trustees or other managing body of the applicable local retirement system, within 30 days after receiving the notice provided for in subsection (a) of this Code section, shall pay to the board of trustees of the Employees' Retirement System an amount equivalent to the total employee contributions made by the employee to the local retirement system plus an additional amount, as determined by the board of trustees of the Employees' Retirement System, which, together with the employee contributions, shall be sufficient to grant the creditable service under the Employees' Retirement System authorized by this subsection without creating any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System. The employee contributions paid to the board of trustees under this subsection shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the board of trustees under this subsection shall be deposited by the board into the pension accumulation fund. Upon receiving the payments provided for by this subsection, the board of trustees shall enter the creditable service provided for by this subsection upon the records of the member.
(d) If an employee subject to this Code section was not a member of a local retirement system at the time the applicable county proba tion system became a part of the state-wide probation system, such employee shall become a member of the Employees' Retirement System effective on the date the county probation system became a part of the state-wide probation system. Any such member may pur chase as creditable service under the Employees' Retirement System all or any portion of previous actual service rendered by the member as an employee of the applicable county probation system. Such creditable service may be purchased by the member's paying to the board of trustees all employee contributions required under the Employees' Retirement System for the amount of creditable service claimed, plus an additional amount, as determined by the board of trustees, which, together with the employee contributions, shall be sufficient to grant the creditable service under the Employees' Retire ment System without creating any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System. The basis for the employee contributions shall be the com pensation the member received upon first becoming an employee of the Department of Offender Rehabilitation. The employee contribu tions paid to the board of trustees under this subsection shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the board under this subsection shall be deposited by the board into the pension accumulation fund. Upon receiving the payments provided for by this subsection, the board of

1412

JOURNAL OF THE SENATE

trustees shall enter creditable service provided for by this subsection upon the records of the member. The time limitation for exercising options provided for in subsection (a) of this Code section shall not ap ply to the purchase of creditable service under this subsection. Any eligible member may purchase such creditable service at any time during the first five years of membership in the Employees' Retire ment System and parts of such creditable service may be purchased from time to time during such five- year period. The board of trustees may establish payment schedules for eligible members to purchase creditable service under this subsection.
(e) To the extent this Code section conflicts with or is inconsistent with the provisions of a local retirement or pension system affected by this Code section, whether such local retirement or pension system was created by law or by local ordinance, the provisions of this Code section shall control."
Part3
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are 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: FROM: DATE:

The Honorable Horace Tate, Chairman Senate Retirement Committee
William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget
January 28, 1982

FRIDAY, FEBRUARY 26, 1982

1413

SUBJECT: Fiscal Note--Substitute to Senate Bill 548 (LC 7 4694S) Employees' Retirement System (ERS)
This Bill provides certain retirement options to persons becoming a state employee on or after July 1, 1982 as a result of being employed by a county probation system which became a part of the statewide probation system within the Department of Offender Rehabilitation (DOOR). Six county probation systems with a total of approximately 178 employees could be affected by this Bill. Retirement options must be exercised within six months after the date the county probation system becomes a part of the statewide probation system, are irrevocable, and may not be later rescinded or modified. These options are addressed in the following paragraphs.
1. Persons who are members of a local retirement system at the time of transition to state employment may continue active membership in the local retirement system. The salary received by such an employee from DOOR shall be utilized for all purposes under the local retirement system. The employee would continue to pay his/her contributions re quired under the local system and employer contributions would be paid by the governing authority of the applicable county from county funds to the local retirement system.
ERS and local retirement systems would incur no additional liabilities for members electing this option. County governments would incur the cost of employer contributions required under the local retire ment system for members electing this option. An actuarial study coupl ed with a survey of persons eligible for this option would be necessary to determine the fiscal impact on county governments. Since county governments would pay employer contributions, DOOR would recognize a savings in the amount of employer contributions (7%%) on the salaries of employees electing this option.
2. Persons who are members of a local retirement system at the time of transition to state employment may become a member of ERS and ob tain creditable service under ERS for all actual service previously rendered as an employe of the county probation system. Within 30 days of a member's election of this option, the governing authority of the county or local retirement system must pay ERS an amount equivalent to the total employee contributions made by the employee to the local retirement system plus an additional amount, as determined by ERS, which together with the employee contributions would be sufficient to grant the creditable service under ERS without creating any accrued liability.
For members electing this option, ERS would incur no additional liabilities because the accrued liability created by granting such service credit would be paid jointly by the member and either the county or the local retirement system. An actuarial study coupled with a survey of per sons eligible for this option would be necessary to determine the fiscal impact on counties and local retirement systems.
3. Persons subject to this Bill who are not members of a local retire ment system at the time of transition to state employment would become

1414

JOURNAL OF THE SENATE

members of ERS effective on the date the county probation system becomes a part of the statewide probation system. Such members may purchase creditable service under ERS for all or any portion of previous actual service rendered as an employee of the county probation system by paying employee contributions for the amount of creditable service claimed plus an additional amount, as determined by ERS, which together with the employee contributions would be sufficient to grant the creditable service under ERS without creating an accrued liability. The six-month time limitation for exercising options would not apply to the purchase of this creditable service as members could purchase creditable service at any time during the first five years of membership in ERS. ERS could establish payment schedules for eligible members to purchase this creditable service.
For members electing this option, ERS would incur no additional liabilities because the accrued liability created by granting such service credit would be paid by the member.
In summary, ERS would incur no additional liability for any of the three options available. An actuarial analysis and a survey of persons af fected by this Bill would be necessary to determine the exact fiscal im pact on county governments, local retirement systems, and DOOR.

Is/ W. M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

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 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 Kennedy

Land Lester Littlefield McGill McKenzie Reynolds Robinson

FRIDAY, FEBRUARY 26, 1982

1415

Scott Starr Stephens Stumbaugh Summers Sutton Tate

Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Barker

Broun of 46th Hudson

Kidd 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 1557. By Representative Lee of the 72nd: A bill to amend Code Chapter 91A-53, relating to motor vehicle license fees and tags, so as to provide for temporary registration permits; to amend the Official Code of Georgia Annotated accordingly. 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 Coleman Deal

Dean Eldridge English Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner
Gillis Greene Hill Holloway

Horton Howard Hudgins Kennedy Land
Lester Littlefield McGill McKenzie
Reynolds Scott Starr Stephens

1416
Stumbaugh Summers Sutton Tate

JOURNAL OF THE SENATE

Thompson Trulock Turner

Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th
Cobb Coverdell

Hudson Kidd

Robinson Timmons

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Bell of the 5th introduced the doctor of the day, Dr. J. R. B. Hutchinson, of Tucker, Georgia.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
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.

The Senate Committee on Consumer Affairs offered the following substitute to SB 313:
A BILL
To be entitled an Act to amend Code Chapter 20-1, relating to general principles of contract law, so as to require certain written agreements and contracts to be written in simplified and plain language; to provide remedies; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 20-1, relating to general principles of con-

FRIDAY, FEBRUARY 26, 1982

1417

tract law, is hereby amended by adding a new Code Section 20-106.1 to read as follows:
"20.106.1. Simplified and plain language, (a) Every written agree ment or contract entered into on or after July 1, 1982, for the lease of space to be occupied for residential purposes or to which a consumer is a party and the subject of which is money, property, or service primarily for personal, family, or household purposes must be:
(1) Written in nontechnical language and in a clear and coherent manner using words with common and everyday meanings; and
(2) Appropriately divided and captioned by its various sections.
(b) Any creditor, seller, or lessor who fails to comply with the pro visions of this Code section shall be liable to a consumer who is a par ty to the noncomplying agreement or contract in an amount equal to the sum of any actual damages sustained plus a penalty of $50.00. The total class action penalty against any such creditor, seller, or lessor shall not exceed $10,000.00. These penalties may be enforced in a court of competent jurisdiction, but not after both parties to the agree ment have fully performed their obligation under such agreement, nor against any creditor, seller, or lessor who attempts in good faith to comply with this section. This Code section shall not apply to agreements involving amounts in excess of $50,000.00.
(c) A violation of the provisions of subsection (b) of this section shall not render any such agreement void or voidable nor shall it con stitute:
(1) A defense to any action or proceeding to enforce such agree ment; or
(2) A defense to any action or proceeding for breach of such agree ment."
Part 2
Section 2. Chapter 1 of Title 13 of the Official Code of Georgia An notated, relating to general provisions regarding contracts, is amended by adding between Code Sections 13-1-6 and 13-1-7 a new Code Section 13-1-6.1 to read as follows:
"13-1-6.1. (a) Every written agreement or contract entered into on or after July 1, 1982, for the lease of space to be occupied for residen tial purposes or to which a consumer is a party and the subject of which is money, property, or service primarily for personal, family, or household purposes must be:
(1) Written in nontechnical language and in a clear and coherent manner using words with common and everyday meanings; and
(2) Appropriately divided and captioned by its various sections,
(b) Any creditor, seller, or lessor who fails to comply with the pro-

1418

JOURNAL OF THE SENATE

visions of this Code section shall be liable to a consumer who is a par ty to the noncomplying agreement or contract in an amount equal to the sum of any actual damages sustained plus a penalty of $50.00. The total class action penalty against any such creditor, seller, or lesser shall not exceed $10,000.00. These penalties may be enforced in a court of competent jurisdiction, but not after both parties to the agree ment have fully performed their obligation under such agreement, nor against any creditor, seller, or lesser who attempts in good faith to comply with this section. This Code section shall not apply to agreements involving amounts in excess of $50,000.00.
(c) A violation of the provisions of subsection (b) of this section shall not render any such agreement void or voidable nor shall it con stitute:
(1) A defense to any action or proceeding to enforce such agree ment; or
(2) A defense to any action or proceeding for breach of such agree ment."
Part 3
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are 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 Brannon

Brantley Brown of 47th Coleman
Coverdell Deal Dean Eldridge

English Engram Evans
Fincher of 52nd Fincher of 54th Foster Gillis

Greene Hill Holloway Horton Howard Hudgins Kennedy Land Lester

FRIDAY, FEBRUARY 26, 1982

1419

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Trulock Turner Tysinger Walker

Voting in the negative were Senators Bryant and Wessels.

Those not voting were Senators:

Bowen Broun of 46th Cobb

Garner Hudson

Kidd 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.

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 pro visions relative to senior judges.

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

1420

JOURNAL OF THE SENATE

DATE:

January 27, 1981

SUBJECT: Fiscal Note--Senate Bill78 Superior Court Judges' Retirement System

This Bill would substantially revise the present Superior Court Judges' Retirement System. The principal revisions contained in the legislation are summarized below.

1. Members who became superior court judges after June 30, 1968 would be allowed to obtain credit for full-time service rendered in Georgia as a judge of a state court, county court, or juvenile court, or as an Attorney General, district attorney, solicitor, public defender, assis tant attorney general, assistant district attorney, assistant solicitor or assistant public defender. Credit would be given for full years of service only, and members would be required to pay the system the employee contribution for the years of service claimed. Any funds paid into the District Attorney, District Attorney Emeritus, or Trial Judges and Solicitors retirement funds for the years of service claimed would be transferred to the Superior Court Judges' Retirement System and credited against the required contributions. Eight years of service as an active superior court judge would be required before becoming eligible for benefits under the system.

A detailed actuarial study would be required to determine the fiscal impact of this provision.

2. Former superior court judges would be allowed to assume the of fice of Senior Judge of the Superior Courts regardless of whether or not they qualify for retirement benefits under the system. Senior Judges would also be allowed to suspend their status as Senior Judges to seek or accept another elective or appointive state office.

This provision would have no fiscal impact on the funding of the system.

3. The employer contribution would be required to be sufficient to fund spouses' benefits as well as retirement and disability benefits.

This provision would have no fiscal impact since the current employer contribution rate is sufficient to fund spouses' benefits.

4. Members who reach age 70 would be allowed to serve their full term of office before retiring. Judges of the superior court who held of fice on July 1, 1976 would be allowed to serve their full term of office during which they attained the years of service (10) required for early retirement, regardless of age. Judges are currently required to retire at age 70 or upon attainment of 10 years of service if they are in the group described above and past the age of 70.

The actuary for the Retirement System has determined that the fiscal impact of this provision on the system would be negligible.

5. Benefits paid to retirees would be based on the state salary and

FRIDAY, FEBRUARY 26, 1982

1421

local salary supplements paid to active superior court judges in the retiree's circuit. The local governments providing salary supplements would be responsible for funding the benefits attributable to the sup plements while the state would pay benefits based on state salaries.

The cost of these increased benefits in fiscal year 1982 for the system's three current beneficiaries would be $23,098: $19,888 would be borne by the state while $3,210 would be paid by local government. An actuarial study would be necessary to determine the increase in employer contributions which would be necessary to actuarially fund these increased benefits for future years.

6. Spouses' benefits would be payable for life, regardless of spouses' marital status. Spouses' benefits would remain at 50% of the benefit which the member was receiving at the time of death if retired or which would have been payable to the member had he been retired as of the date of his death.

The fiscal impact of this provision would be negligible.

7. The deadline for members of the Senior Judges of the Superior Courts Retirement Fund electing spouses' benefits under this Retirement System would be extended until December 31, 1982.

The actuary for the Superior Court Judges' Retirement System has determined that this provision would have no fiscal impact.

Sufficient information is not available to prepare a complete fiscal note. It should be noted that in Section 1 of Act No. 1000 (which created the Retirement System) the General Assembly recognized that it was in the public interest to encourage the best, most experienced attorneys to become Superior Court judges. Recognizing that these attorneys would be 40 to 50 years old when they became Superior Court judges, the legislature provided for shorter periods of service required for retire ment. In establishing these shorter periods of service, the General Assembly stated that it was their intention to make no provisions for ser vice other than service as a Superior Court judge.

I si William M. Nixon State Auditor

Isi Clark T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to SB 78:
A BILL
To be entitled an Act to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the Superior Court Judges Retire ment System, so as to change the provisions relative to employer con tributions; to change the provisions relative to senior judges; to change the provisions relative to benefits; to change the provisions relative to spouses benefits; to provide for postretirement benefit adjustments; to authorize counties to supplement benefits; to provide for other matters

1422

JOURNAL OF THE SENATE

relative to the foregoing; to provide an effective date; to repeal conflic ting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 47 of the Official Code of Georgia An notated, known as the Superior Court Judges Retirement System, is amended by striking subsection (a) of Code Section 47-9-42 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The basis for employee contributions to the fund shall be the salaries from state funds provided by law for judges of the superior courts. The Department of Administrative Services is authorized and directed to deduct 7 2 percent monthly from the salary of each judge of the superior courts who is a member of the retirement system to cover the employee contributions to the fund. The Department of Ad ministrative Services is also authorized to make an additional deduc tion from such salaries to cover any required employee tax for social security coverage. The Department of Administrative Services is authorized and directed to pay, from the funds appropriated or other wise available for the operation of the superior courts of the state, any required employer contribution for social security coverage on such judges. From funds appropriated or otherwise available for the opera tion of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund the employer contribu tions, including contributions to fund any creditable service authoriz ed by this chapter, which, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the ser vice and disability retirement benefits and the spouses benefits under this chapter."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 47-9-60, which reads as follows:
"(a) There is created the office of senior judge of the superior courts; and any judge of the superior courts who retires pursuant to this chapter shall be a senior judge of the superior courts beginning on the effective date of his retirement. Any senior judge of the superior courts, while receiving retirement or disability pay, shall not be eligi ble for election or appointment to any other office in this state; and such senior judges may not practice law while receiving such retire ment or disability pay. If a former superior court judge who was a member of this retirement fund ceased to hold office as a superior court judge prior to attaining early retirement age, such former superior court judge shall be a senior judge effective on July 1, 1981, notwithstanding the age of such former superior court judge on such date if such former superior court judge had 16 years of creditable ser vice under this chapter at the time of ceasing to hold office as a superior court judge. No such senior judge shall be eligible to receive retirement benefits under this chapter until such time as such senior judge attains early retirement age.",
in its entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:

FRIDAY, FEBRUARY 26, 1982

1423

"(a) The office of senior judge of the superior courts is created, and judges of the superior courts or former judges of the superior courts shall be or may become senior judges as follows:
(1) Any judge of the superior courts who retires pursuant to this chapter shall be a senior judge beginning on the effective date of the judge's retirement;
(2) Any former judge of the superior courts who was a member of the retirement fund created by this chapter and who ceased holding office as a superior court judge prior to attaining early retirement age and who had 16 years of creditable service under this chapter at the time of ceasing to hold office as a superior court judge shall be a senior judge, but no such senior judge shall be eligible to receive retirement benefits under this chapter until such senior judge attains early retire ment age; and
(3) Any judge of the superior courts, whether or not said judge is a member of the retirement system created by this chapter, who ceases holding office as a judge of the superior courts and who has at least ten years of service as a judge of the superior courts at the time of ceasing to hold office and who is not eligible for appointment to the office of senior judge under any other law of this state shall be eligible for appointment as senior judge, effective on the date said judge elects to assume said status by written application to the Governor re questing such appointment; but no such senior judge shall receive retirement benefits under this chapter unless such judge was a member of the retirement system created by this chapter and, in that event, such senior judge may not receive retirement benefits under this chapter until attaining early retirement age.
(b) jvny senior judge of the superior courts, while receiving retire ment or disability pay, shall not be eligible for election or appoint ment to any other office in this state and may not practice law. Any senior judge of the superior courts may resign from the office of senior judge and practice law. Any senior judge resigning pursuant to this subsection shall not at any time thereafter be eligible for appoint ment to the office of senior judge, but if such senior judge had retired pursuant to this chapter, such senior judge shall be entitled to con tinue receiving the retirement or disability benefit payable under this chapter."
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 47-9-60 in its entirety and substituting in lieu thereof a new subsection to be designated subsection (c) to read as follows:
"(c) Senior judges may be called upon to serve as judges of the superior courts when the regular judge for some reason is unable to serve. Any such senior judge may be subject to designation and assignment, with the senior judge's consent, either as an additional or substitute judge. Such senior judges shall be compensated, in addition to the retirement pay provided for in this chapter, when applicable, in the amount of $100.00 per day for such services. In addition to such compensation, such senior judges shall receive their actual expenses

1424

JOURNAL OF THE SENATE

or, at the judge's option, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other state employees for such services. Such compensa tion, expenses, and mileage shall be paid from state funds ap propriated or otherwise available for the operation of the superior courts, upon a certificate by the judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retire ment or pension benefits, when applicable, of such judge."
Section 4. Said chapter is further amended by redesignating subsec tion (c) of Code Section 47-9-70 as subsection (d) thereof and by striking subsection (b) of Code Section 47-9-70, which reads as follows:
"(b) The maximum retirement benefits shall be based on 16 years of creditable service and the attainment of age 65. After completing such years of service and upon attaining age 65, a judge of the superior courts shall be entitled to retire and receive a monthly retire ment benefit equal to two-thirds of the monthly state salary being paid to superior court judges (1) at the time of retirement, for a judge with less than 16 years of creditable service, or (2) at the time of com pletion of 16 years of creditable service, for a judge with 16 or more years of creditable service. After obtaining 16 years of creditable ser vice, a member shall cease making employee contributions to the fund.",
in its entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service, but the maximum monthly retirement benefit under this chapter shall be two-thirds of the state salary paid to superior court judges at the time of retirement, except as otherwise provided by subsection (c) of this Code section, and such maximum benefit shall be based on obtaining 16 years of creditable service and the attainment of age 65. A member who has at least ten years of creditable service but less than 16 and who is at least 60 years of age, but less than 65, may retire at a reduc ed benefit pursuant to Code Section 47-9-71 of this chapter. Any member obtaining 16 years of creditable service on or after November 1, 1982, who continues to serve as a superior court judge shall con tinue to make employee contributions to the fund until the member's retirement.
(c) Any former superior court judge receiving a retirement benefit on November 1, 1982, pursuant to this chapter who had more than 16 years of creditable service at the time of retirement and whose retire ment benefit was computed on the basis of the state salary of superior court judges being paid at the time the member obtained 16 years of creditable service shall have the option of paying employee contribu tions, plus interest thereon at the rate of 6 percent per annum, for ser vice rendered as a superior court judge from the time 16 years of creditable service was obtained until the time of retirement, based on the state salary received by the former superior court judge at the time the service was rendered; and any such former judge exercising said

FRIDAY, FEBRUARY 26, 1982

1425

option shall begin receiving a retirement benefit based on the state salary which was being paid to superior court judges at the time of the former judge's retirement. Any member serving as a superior court judge on November 1, 1982, who has more than 16 years of creditable service and who ceased making contributions to the fund upon ob taining 16 years of creditable service shall have the option to receive, upon retirement, a retirement benefit based on the state salary paid to superior court judges at the time the member obtained 16 years of creditable service or of paying the employee contributions, plus in terest thereon of the rate of 6 percent per annum, that would have been paid had the member continued to make employee contributions after obtaining 16 years of creditable service and employee contribu tions for continuing service as a superior court judge, in which event the member shall receive a retirement benefit based on the state salary paid to superior court judges at the time of retirement. The op tions provided for by this subsection may be exercised by sending written notice to the board of trustees and the payment of the addi tional employee contributions, plus interest thereon, required by this subsection upon receiving a certification from the board of trustees of the amount of such contribution and interest."
Section 5. Said chapter is further amended by striking Code Section 47-9-71 in its entirety and substituting in lieu thereof a new Code Section 47-9-71 to read as follows:
"47-9-71. (a) In lieu of retirement at the maximum benefits pro vided by subsection (b) of Code Section 47-9-70, a member may retire at any time after attaining age 60 and after obtaining a minimum of ten years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of the maximum retire ment benefits provided by subsection (b) of Code Section 47-9-70. The percentage shall be the proportion which the number of actual years of service as a superior court judge bears to 16. In no event shall the benefits under this subsection exceed 75 percent of the maximum retirement benefits provided in subsection (b) of Code Section 47-9-70.
(b) For any judge of the superior courts becoming a member of this retirement system on or after November 1, 1982, and for any member of the retirement system in service on November 1, 1982, who benefits thereby, the monthly retirement benefit for early retire ment shall be a percentage of the maximum benefit under subsection (b) of Code Section 47-9-70, and such percentage shall be the propor tion which the number of years of actual service as a superior court judge bears to 16, but the benefit derived from such computation shall be reduced by one-fourth of 1 percent for each month less than 16 years of actual service as a superior court judge or by one-fourth of 1 percent for each month the member lacks being 65 years of age, whichever reduction is greater. Any member of the retirement system in service on November 1, 1982, whose early retirement benefit is less under this subsection than under subsection (a) of this Code section shall be entitled to computation of early retirement benefits under said subsection (a).

1426

JOURNAL OF THE SENATE

(c) A member may retire pursuant to subsection (b) or (c) of Code Section 47-9-70 or pursuant to subsection (a) or (b) of this Code section by making written application to the board setting forth at what time, not less than 30 days nor more than 90 days subsequent to the filing of such application, he desires to be retired."
Section 6. Said chapter is further amended by striking Code Section 47-9-72 in its entirety and substituting in lieu thereof a new Code Section 47-9-72 to read as follows:
"47-9-72. After obtaining a minimum of four years of creditable service, any member who becomes totally and permanently disabled to the extent that he is unable to perform the duties of his office shall be entitled to receive a disability retirement benefit which shall be one-half of the maximum retirement benefits provided by subsection (b) of Code Section 47-9-70, unless the member would qualify for greater benefits under subsection (a) or (b) of Code Section 47-9-71, in which event that subsection would apply. The disability of any member applying for disability retirement benefits shall be determin ed by the board in the same manner and under the same procedure as disability of state employees is determined in accordance with the ap plicable provisions of the Employees' Retirement System of Georgia. Disability retirement benefits shall become payable within 30 days after such disability is determined by the board."
Section 7. Said chapter is further amended by adding at the end of Code Section 47-9-73 a new subsection (k) to read as follows:
"(k) Any member of this retirement system who has elected or who hereafter elects spouses benefit coverage under this Code section or any superior court judge who has elected or who hereafter elects spouses benefit coverage under Code Section 47-9-74 of this chapter shall have the option to pay 2 % percent of the state salary paid to such judge for such coverage rather than 2 Vz percent of the state salary paid to such judge as provided in subsection (a) of this Code section; and the surviving spouse of any member or superior court judge exercising said option shall be entitled to receive the spouses benefit specified by subsection (b) of this Code section for life, rather than for life or until remarriage as provided by said subsection (b). A member or a superior court judge who has previously elected spouses benefit coverage under this Code section or Code Section 47-9-74 wishing to exercise the option provided for by this subsection shall be required to pay for all purposes under this Code section an additional one-fourth of 1 percent of the state salary, plus interest thereon at the rate of 6 percent per annum, paid to such judge as if this Code section had specified 2 % percent rather than 2 Vz percent of the state salary paid to such judge at the time the member or superior court judge first obtained spouses benefit coverage. A member or a superior court judge who has previously elected spouses benefit coverage may exer cise the option provided for by this subsection by sending written notice to the board of trustees and the payment of the additional employee contributions required by this subsection. Any member or superior court judge hereafter electing spouses benefit coverage who wishes to exercise the option provided for by this subsection shall

FRIDAY, FEBRUARY 26, 1982

1427

send written notice to the board of trustees and shall pay 2 % percent of the state salary paid to such judge for all purposes under this Code section rather than 2 Vz percent as specified by subsection (a) of this Code section."
Section 8. Said chapter is further amended by adding immediately following Code Section 47-9-75 two new Code Sections 47-9-76 and 47-9-77 to read as follows:
"47-9-76. (a) To the extent the necessary funds are appropriated for such purposes by the General Assembly and subject to the limita tions of subsection (b) of this Code section, the board of trustees is authorized to provide an annual postretirement benefit adjustment for retirees or other beneficiaries receiving benefits pursuant to the retirement system created by this chapter.
(b) No annual postretirement benefit adjustment granted by the board of trustees shall exceed 3 percent of the benefit being paid at the time the postretirement benefit adjustment is granted. No postretirement benefit adjustment shall be granted by the board of trustees prior to January 1, 1983.
47-9-77. Whenever any county within a judicial circuit sup plements the state salary paid to active superior court judges of said circuit, the governing authority of such county shall be authorized to supplement the benefit being paid pursuant to this chapter to any former superior court judge of said circuit who is receiving benefits pursuant to this chapter or to supplement the benefit being paid pur suant to this chapter to any beneficiary of any such former superior court judge. The county supplement to any such benefit may not ex ceed the percentage which the respective county salary supplement paid to active superior court judges of the circuit bears to the state salary of active superior court judges."
Section 9. This Act shall become effective on November 1, 1982.
Section 10. All laws and parts of laws in conflict with this Act are 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 Tate, Chairman

Senate Retirement Committee

1428

JOURNAL OF THE SENATE

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and
Budget

DATE:

February 18, 1982

SUBJECT: Fiscal Note-Senate Bill 78 (Substitute) (LC 7 4859S) Superior Court Judges' Retirement System

This Bill would substantially revise the present Superior Court Judges' Retirement System. The principal revisions contained in the Bill and their fiscal impact are summarized in the following paragraphs.

1. The employer contribution would be required to be sufficient to fund spouses' benefits as well as retirement and disability benefits.

This provision would have no fiscal impact since the current employer contribution rate is sufficient to fund spouses' benefits.

2. Former superior court judges with at least 10 years of service would be allowed to assume the office of Senior Judge of the Superior Courts even though they are not members of the System. No senior judge would receive retirement.benefits unless he is a member of the System. Senior judges would also be allowed to resign the office of senior judge to practice law without affecting their retirement or disability benefits.

The appointment of senior judges who are not members would not have a fiscal impact on the System since they would not receive any retirement benefits. Continuation of benefits to resigned senior judges practicing law would result in a cost to the System through the elimina tion of savings realized when benefits are not paid to persons practicing law. This cost cannot be estimated since the number of members who would choose to practice law under current provisions cannot be predicted.

3. Judges would be required to continue to contribute to the System after 16 years of service is attained. In addition, current and former judges who discontinued contributing to the System when 16 years of service was attained would have the option to pay into the System the amount that their employee contributions would have been had they continued to contribute after reaching 16 years of service, plus interest at 6% per year. Retirement benefits for those judges required to contribute after the attainment of 16 years of service and for those judges exercising their option would be computed on the basis of the state salary at the time of retirement rather than at the time 16 years of service was attain ed.

The actuary for the Retirement System has determined that an in crease of $166,003 (4.23% of covered annual payroll) in the state con tribution would have been required during fiscal year 1982 had this pro vision been in effect. Additional actuarial study would be required to determine the cost for fiscal year 1983.

FRIDAY, FEBRUARY 26, 1982

1429

4. Early retirement benefits for members joining after November 1, 1982 would be computed on the basis of the ratio of years of service to 16, less Vt of 1% for each month less than 16 years of service, or less V4 of 1% for each month the member lacks being 65 years of age, whichever reduction is greater. Currently early retirement benefits are computed on the basis of the ratio of years of service to 16, but benefits are limited to 75% of the maximum benefit. This provision would apply to current members only if it served to increase their early retirement benefits.
The fiscal impact of this provision will depend on the number of judges electing early retirement, their salaries upon retirement, and their ages and years of service. The maximum cost to the System for a current or future judge would be 24.23% of the maximum benefit level at the time of that employee's retirement ($8,076 per year based on the fiscal year 1983 proposed judges' salary of $50,000). The maximum savings to the System for a future employee would be 11.25% of the maximum benefit level at the time of that employee's retirement ($3,750 per year based on a $50,000 salary). There would be no savings to the System for current employees since a current employee's benefits could not be reduced. The application of these reduction factors to future members' early retirement benefits may result in a cost or a savings to the System depending on the retiree's circumstances; the net effect on the System cannot be predicted. As the salary used to calculate maximum benefits changes from $50,000 in future years, the fiscal impact would vary ac cordingly.
5. A member with at least 4 years of service who becomes per manently disabled would be allowed to receive the early retirement benefits described above if those benefits exceed disability benefits.
The fiscal impact of this provision on the System would be negligi ble.
6. Members would be allowed to elect to have spouses' benefit coverage continue for the spouse's life, rather than for life or remarriage. To elect this coverage, a judge would contribute 2 %% of his state salary to the System rather than 2 Vz%. A member who has previously elected spouses' benefit coverage may exercise this new option by contributing to the System Vi of 1% of his state salary since the time spouses' benefit coverage was elected.
The fiscal impact of this provision would be negligible.
7. After January 1, 1983, the System's board of trustees would be allowed to make a postretirement benefit adjustment not to exceed 3% of the benefit at the time the adjustment is made, provided that the General Assembly has appropriated funds for this purpose.
Because funds for any adjustment would come from appropria tions of the General Assembly, this provision would have no fiscal im pact on the System. However, the actuary for the System has determined that to fund an annual 3% increase in benefits would have increased the state contribution to the System by $377,740 (9.62% of covered annual payroll) during fiscal year 1982. Additional actuarial study would be re quired to determine the cost for fiscal year 1983.

1430

JOURNAL OF THE SENATE

8. Counties which pay supplements to the state salary for superior court judges would be authorized, but not required, to pay supplements to the state's retirement benefit. The proportion of the retirement supple ment to state retirement benefits would not exceed the proportion of the salary supplement to the state salary paid to superior court judges.

This provision of the Bill would have no fiscal impact on the System. Counties would be affected by this provision if they elect to pay a retirement supplement. One current beneficiary could receive a sup plement from a county. Assuming that the county's salary supplement does not change, the maximum cost to that county in fiscal year 1983 would be $3,032 if judges' state salary is $50,000.

Is/ W. M. Nixon State Auditor

/si C. T. Stevens, Director Office of Planning and Budget

On the adoption of the substitute, the yeas were 39, 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
Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill
Horton Howard Hudgins Kennedy 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 Fincher of 52nd

Holloway Hudson

Kidd Thompson

FRIDAY, FEBRUARY 26, 1982

1431

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 684. By Senators Engram of the 34th, Starr of the 44th, Gillis of the 20th and others:
A bill to amend Code Chapter 88-3A, relating to public health law inspec tion warrants, so as to change the definition of inspection warrant; to provide for persons who may obtain inspection warrants; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

Senator Engram of the 34th moved that SB 684 be postponed until March 8.

On the motion, the yeas were 37, nays 1; the motion prevailed, and SB 684 was postponed until March 8.

SB 696. By Senators Robinson of the 27th and Barker of the 18th:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia An notated, relating to certificates of title, security interests, and liens, so as to change certain penalty provisions, to provide an effective date.

Senator Greene of the 26th offered the following substitute to SB 696:

A BILL
To be entitled an Act to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security in terests, and liens, so as to require the word "Rebuilt' to be permanently affixed to rebuilt salvage motor vehicles or rebuilt motor vehicles; to re quire inspections by the Georgia Bureau of Investigation to verify that such word is so affixed; to delete a reference to safety inspection stickers; to change certain penalty provisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 40 of the Official Code of Georgia An notated, relating to certificates of title, security interests and liens, is amended by striking paragraph (1) of subsection (b) of Code Section 40-3-35.1 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) Upon receipt of notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each rebuilt

1432

JOURNAL OF THE SENATE

motor vehicle prior to the issuance of a certificate of title for such motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components used to rebuild the motor vehicle, verification of the word 'Rebuilt' being permanently affixed to the door post on the driver's side as required by subsection jd) of this Code section, and verification that the motor vehicle con forms to all safety equipment standards as required by law. The Georgia Bureau of Investigation shall be authorized to charge an in spection fee of $50.00 for each rebuilt motor vehicle which is in spected by it. The Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third and each subsequent inspection, in the event a third or subsequent inspections are required under this Code section for any one rebuilt motor vehicle. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection."
Section 2. Said chapter is further amended by striking subsection (d) of Code Section 40-3-35.1 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) Any person, firm, or corporaiton which rebuilds a motor vehicle or salvage motor vehicle by the replacement of two or more major component parts shall be required to obtain a certificate of title marked 'rebuilt' for such motor vehicle prior to any sale or transfer of such motor vehicle. Any person, firm, or corporation rebuilding a motor vehicle or salvage motor vehicle as provided herein shall cause to be permanently affixed to the door post on the driver's side of said motor vehicle the word 'Rebuilt.' Such word shall be placed on the door post in a clear and conspicuous manner to enable any subse quent purchaser of said motor vehicle to know that said motor vehicle is salvaged and rebuilt. The word 'Rebuilt' shall be stamped into the door post or, as an alternative, said word shall be stamped on a metal plate and riveted or otherwise permanently affixed to the door post."
Section 3. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 40-3-91 which reads as follows:
"(c) Any person, firm, or corporation which delivers or accepts a certificate of title assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, 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.",
and inserting in lieu thereof a new subsection (c) of said Code section to read as follows:
"(c) (1) Any person, firm, or corporation which delivers or accepts a certificate of title assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period of not to exceed 30 days for the acceptance or delivery of each certificate of title assigned in blank.

FRIDAY, FEBRUARY 26, 1982

1433

(2) This subsection shall not apply to motor vehicle auctions in which the auction firm acts solely in the capacity of an agent transfer ring the certificate of title from the seller to the buyer."
so that when so amended Code Section 40-3-91 shall read as follows:
"40-3-91. (a) A person who:
(1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title;
(2) Willfully fails to mail or deliver a certificate of title to the commssioner or a release of security interest or lien to the owner within ten days of the time required by this chapter, except as provided in Code Section 40-3-90;
(3) 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 Code Section 40-3-27 or 4-3-52; or
(4) Willfully violates any other provision of this chapter
shall be guilty of a misdemeanor.
(b) Any person, firm, or corporation which knowingly makes 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 thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days.
jc) (1) Any person, firm, or corporation which delivers or accepts a certificate of title assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, 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.
(2) This subsection shall not apply to motor vehicle auctions in which the auction firm acts solely in the capacity of an agent transfer ring the certificate of title from the seller to the buyer."
Section 4. This Act shall become effective on November 1, 1982.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

1434

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond 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 Kennedy Land Lester Littlefield McGill

Those not voting were Senators:

Barnes Bowen

Broun of 46th Hudson

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Kidd

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following 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 1601. By Representative Rainey of the 135th:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia An notated, relating to the registration, operation, and sale of watercraft, so as to specify appropriate boating safety zones consistent with public safe ty at certain dams.

FRIDAY, FEBRUARY 26, 1982

1435

HB 1102. By Representatives Culpepper of the 98th, Davis of the 45th, Bray of the 70th and others:
A bill to regulate the sale and offer to sell of certain subdivided land and practices pertaining thereto; to provide a short title; to provide for defini tions; to require registration with the Commissioner of Securities; to repeal conflicting laws.

HB 1314. By Representatives Johnson of the 72nd, Murphy of the 18th, 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 relative to disability benefits for cer tain members; to amend the Official Code of Georgia accordingly.

HB 1433. By Representatives Thomas and Johnson of the 66th and Shepard of the 67th:
A bill to amend the "Adequate Program for Education in Georgia Act," so as to change the conditions under which teachers and other profes sional personnel shall be entitled to lifetime certification; to amend the Official Code of Georgia Annotated accordingly.

HB 1488. By Representative Greer of the 43rd:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Tran sit Authority Act of 1965," so as to empower the Authority, without the necessity for competitive bidding, to enter into lease agreements under Section 168(f) (8) of the Internal Revenue Code of 1954 concerning qualified mass commuting vehicles as defined in said Code.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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, so as to change the provisions relating to the jurisdiction of the Small Claims Court of Baldwin County.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 477. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend the "Fair Employment Practices Act of 1978", as amend ed, so as to extend the life of the Act; to amend the Official Code of Georgia Annotated accordingly.

1436

JOURNAL OF THE SENATE

The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 500. By Senator Howard of the 42nd:
A bill to amend Code Chapter 88-1, relating to the Department of Human Resources, as amended, so as to authorize variances, waivers, and ex emptions from certain rules and regulations of the department under cer tain conditions; to amend the Official Code of Georgia Annotated ac cordingly; to provide for effective dates and automatic repeal.

The Senate Committee on Human Resources offered the following substitute to SB 500:

A BILL
To be entitled an Act to amend Code Chapter 88-1, relating to the Department of Human Resources, as amended, so as to provide for variances, waivers, and exemptions from certain rules and regulations of the department under certain conditions; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 88-1, relating to the Department of Human Resources, as amended, is amended by striking Code Section 88-110 and inserting in its place a new Code Section 88-110 to read as follows:
"88-110. The Department, rules and regulations, (a) Manifestly, no legislative body can foresee or cope with all situations and condi tions, which, if not promptly checked, would militate against the health of its constituents. Therefore, said Department is authorized and directed by and through its Board to adopt and promulgate rules and regulations to effect prevention, correction, and abatement of such situations and conditions. Such rules and regulations must be adopted to the purposes intended and be within the purview of the powers and duties imposed upon said Department of this Title.
(b) The Department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for licensure of facilities when it has been shown that the rule or regulation is not applicable or to allow experimenta tion and demonstration of new and innovative approaches to delivery of services.
(1) Waivers or variances which affect an entire class of facilities may only be approved by the Board of Human Resources and shall be for a time certain, as determined by the Board. A proposed variance or waiver which affects an entire class of facilities under this section

FRIDAY, FEBRUARY 26, 1982

1437

shall be considered as a contested case pursuant to Section 3A-114 of the 'Georgia Administrative Procedure Act/ as amended, except that 30 days' notice and an opportunity to submit data, views and arguments, orally or in writing, shall also be provided to any person who has requested in writing that he be placed on a mailing list to receive such notices. A notice of the proposed variance or waiver af fecting an entire class of facilities shall be made in accordance with the requirements for notice of rule-making in the 'Georgia Ad ministrative Procedure Act.'
(2) Variances or waivers which affect only one facility in a class may be approved or denied by the Department and shall be for a time certain, as determined by the Department. The Department shall maintain a record of such action and shall make this information available to the Board and other persons who request it. The Depart ment may not grant a variance or waiver to a facility for purposes of experimentation or demonstration unless the Department has first complied with the provisions for review by the Human Subjects Research Review Board as provided for in subsection (d) of this Sec tion.
(c) The Department may exempt classes of facilities from regula tion when, in the Department's judgment, regulation would not per mit the purpose intended or the class of facilities is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the Board.
(d) All requests for variances, waivers or exemptions based on ex perimentation or demonstration as provided under this section must first be submitted to the Human Subjects Research Review Board, which Board shall be established by the Department, for determina tion of whether human subjects are involved and whether such human subjects may be exposed to the possibility of injury including physical, psychological or sociological injury as a result of the experi ment or demonstration. In no case shall a request for a waiver, variance or exemption for an experiment or demonstration determin ed by the Human Subjects Reserach Reveiw Board to involve human subjects so exposed be considered by the Department until the Human Subjects Research Review Board has determined that:
(1) the risks to the subjects are so outweighed by the sum of the benefit to the subjects and the importance of the knowledge to be gained as to warrant a decision to allow the subjects to accept these risks;
(2) the rights and welfare of any such subjects will be adequately protected; and
(3) legally effective informed consent will be obtained by ade quate and appropriate methods. Variances, waivers, or exemptions based on experimentation or demonstration may only be approved by the Board and shall be for a time certain, as determined by the Board. Notice of such proposed variances, waivers, or exemptions shall be provided as described in (b)(l)."

1438

JOURNAL OF THE SENATE

Part 2
Section 2. Chapter 2 of Title 31 of the Official Code of Georgia An notated, relating to the Department of Human Resources, is amended by striking Code Section 31-2-4 and inserting in its place a new Code Section 31-2-4 to read as follows:
"31-2-4. (a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and regulations must be adapted to the purposes intended and be within the purview of the powers and duties imposed upon the department by this chapter.
(b) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for licensure of facilities when it has been shown that the rule or regulation is not applicable or to allow experimenta tion and demonstration of new and innovative approaches to delivery of services.
(1) Waivers or variances which affect an entire class of facilities may only be approved'by the Board of Human Resources and shall be for a time certain, as determined by the board. A proposed variance or waiver which affects an entire class of facilities under this Code sec tion shall be considered as a contested case pursuant to Code Section 50-13-13 of the 'Georgia Administrative Procedure Act,' as amended, except that 30 days' notice and an opportunity to submit data, views, and arguments, orally or in writing, shall also be provided to any per son who has requested in writing that he be placed on a mailing list to receive such notices. A notice of the proposed variance or waiver af fecting an entire class of facilities shall be made in accordance with the requirements for notice of rule-making in the 'Georgia Ad ministrative Procedure Act.'
(2) Variances or waivers which affect only one facility in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintian a record of such action and shall make this information available to the board and all other persons who request it. The department may not grant a variance or waiver to a facility for pur poses of experimentation or demonstration unless the department has first complied with the provisions for review by the Human Subjects Research Review Board as provided for in subsection (d) of this Code section.
jc) The deparment may exempt classes of facilities from regula tion when, in the department's judgment, regulation would not per mit the purpose intended or the class of facilities is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board.
(d) All requests for variances, waivers, or exemptions based on ex-

FRIDAY, FEBRUARY 26, 1982

1439

perimentation or demonstration as provided under this Code section must first be submitted to the Human Subjects Research Review Board, which board shall be established by the department, for deter mination of whether human subjects are involved and whether such human subjects may be exposed to the possibility of injury including physical, psychological, or sociological injury as a result of the experi ment or demonstration. In no case shall a request for a waiver, variance, or exemption for an experiment or demonstration determin ed by the Human Subjects Research Review Board to involve human subjects so exposed be considered by the department until the Human Subjects Research Review Board has determined that:
(1) The risks to the subjects are so outweighed by the sum of the benefit to the subjects and the importance of the knowledge to be gained as to warrant a decision to allow the subjects to accept these risks;
(2) The rights and welfare of any such subjects will be adequately protected; and
(3) Legally effective informed consent will be obtained by ade quate and appropriate methods.
Variances, waivers, or exemptions based on experimentation or demonstration may only be approved by the board and shall be for a time certain, as determined by the board. Notice of such proposed variances, waivers, or exemptions shall be provided as described in paragraph (1) of subsection (b) of this Code section."
Part 3
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are 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.

1440

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Brannon Brantley Brown of 47th Bryant Cobb Coverdell Deal Dean Eldridge Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway Horton Howard Hudgins Kennedy Land Lester Littlefield

McGill McKenzie Reynolds Scott Starr Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Bowen Broun of 46th Coleman

English Hill Hudson Kidd

Robinson Stephens Timmons

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1240. By Representatives Bishop of the 94th, Smyre of the 92nd, Buck of the 95th and others: A bill to amend Code Chapter 17-5 of the Official Code of Georgia An notated, relating to searches and seizures, so as to change the provisions relating to disposition of property seized. Senate Sponsor: Senator Hudgins of the 15th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 26, 1982

1441

On the 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 Brannon Brantley Broun of 46th 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 Kennedy Land Lester Littlefield McGill

McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker
Wessels

Those not voting were Senators:

Barker Barnes Bryant

Coleman Holloway Hudson

Kidd Robinson Timmons

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 661. By Senator Scott of the 43rd: A bill to amend Code Chapter 26-27, relating to gambling and related criminal offenses, as amended, so as to legalize and regulate operation of certain real estate promotional contests under certain conditions; to pro vide for unlawful real estate promotional contests; to declare crimes and penalties; to provide for civil remedies and for civil enforcement; to pro vide for all related matters; to amend the Official Code of Georgia An notated accordingly.

1442

JOURNAL OF THE SENATE

The Senate Committee on Consumer Affairs offered the following substitute to SB 661:

A BILL
To be entitled an Act to amend Code Chapter 26-27, relating to gambling and related criminal offenses, as amended, so as to legalize and regulate operation of certain promotional contests under certain condi tions; to provide for unlawful promotional contests; to declare crimes and penalties; to provide for civil remedies and for civil enforcement; to provide for all related matters; to amend the Official Code of Georgia An notated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 26-27, relating to gambling and related criminal offenses, as amended, is amended by striking subsection (d) of Code Section 26-2701 and inserting in its place a new subsection to read as follows:
"(d) 'Lottery.' A lottery is any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale or policy game, or by some other name. A lottery shall not mean a promotional contest which is declared to be lawful by Code Section 26-2714 or a scheme whereby a business gives away prizes to persons selected by lot, if such prizes are made on the follow ing conditions:
(1) such prizes are conducted as advertising and promotional undertakings, in good faith, solely for the purpose of advertising the goods, wares and merchandise of such business; and
(2) no person to be eligible to receive such prize shall be required to:
ji) pay any tangible consideration to the operator of such business in the form of money or other property or thing of value, or
(ii) purchase any goods, wares, merchandise or anything of value from such business, or
(iii) be present to win such prizes."
Section 2. Said Code chapter is further amended by adding a new Code Section 26-2714 to read as follows:
"26-2714. (a) A promotional contest which conforms with the qualifications of a lawful promotion specified in this Code section

FRIDAY, FEBRUARY 26, 1982

1443

shall not be included within the definition of the term 'lottery' for pur poses of this Code chapter and shall be lawful.
(b) For purposes of this Code section the terms 'promotional con test' and 'promotion' are synonymous and mean any scheme or pro cedure for the promotion of sales of any realty or personalty whereby one or more prizes are distributed by chance among persons who are informed by mail of their opportunity to participate and who are re quired to be present at a real estate development or other place of business to determine if they have won a prize.
(c) In order to be lawful a promotion must comply with all re quirements of this subsection:
(1) Persons who are offered an opportunity to participate may be notified of such opportunity only by mail.
(2) The promotion must be an advertising and promotional under taking, in good faith, solely for the purpose of advertising the real estate development or other place of business which participants are required to visit.
(3) No person shall be required to pay or furnish any tangible con sideration (other than the consideration of visiting the real estate development or place of business) in order to be eligible for any prize.
(4) Each mailing must state the actual cash value of each prize which the participant has a chance to win and must state the odds of the participant's winning each prize.
(5) Upon each participant's visit to the real estate development or place of business, the participant must be immediately informed whether he has won a prize; and if he has won a prize it must be awarded to him immediately.
(6) No participant shall be required to view, hear, or attend any sales presentation; and no sales presentation may be made to any par ticipant until after he has been informed whether he has won a prize and has been awarded his prize i/any.
(7) A list of all winning tickets, tokens, numbers, lots, or other devices used to determine winners must be prominently posted at the real estate development or place of business and a copy of such list shall be furnished to each participant who so requests.
(d) Any person who operates or participates in the operation of a promotion which does not conform to the requirements of this Code section shall be guilty of a misdemeanor of a high and aggravated nature; and such conduct shall constitute the offense of operating a fraudulent promotion.
(e) Any person who operates or participates in the operation of a promotion which does not conform to the requirements of this Code section shall be liable to each participant who visits the real estate

1444

JOURNAL OF THE SENATE

development or place of business for the expenses of the participant in making the visit and punitive damages not to exceed $1,000.00. This remedy is in addition to any other remedy available.
(f) The administrator of the 'Fair Business Practices Act' may in any court of competent jurisdiction seek an injunction against the operation of any promotion which does not conform to the re quirements of this Code section. The administrator shall have the power to investigate all promotions to determine if they are in com pliance with the requirements of this Code section. Any violation of this Code section shall also constitute an unlawful act under the 'Fair Business Practices Act of 1975.'
(g) This Code section shall apply to all promotions involving real estate developments or places of business in this state or participants who are residents of this state to whom mailings are delivered in this state.
(h) Except as specifically provided in this Code section, this Code section shall not operate to make lawful any otherwise unlawful con duct."
Part 2
Section 3. Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related criminal offenses, is amended by striking paragraph (4) of Code Section 16-12-20 and inserting in its place a new paragraph to read as follows:
"(4) 'Lottery' means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. A lottery shall not mean a promotional contest which is declared to be lawful by Code Section 16-12-36 or a scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the follow ing conditions:
(A) Such prizes are conducted as advertising and promotional undertakings in good faith solely for the purpose of advertising the goods, wares, and merchandise of such business; and
(B) No person to be eligible to receive such prize shall be required to:
(i) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value;
(ii) Purchase any goods, wares, merchandise, or anything of value from such business; or
(iii) Be present to win such prizes."

FRIDAY, FEBRUARY 26, 1982

1445

Section 4. Said part is further amended by adding a new Code Section 16-12-36 to read as follows:
"16-12-36. (a) A promotional contest which conforms with the qualifications of a lawful promotion specified in this Code Section shall not be included within the definition of the term 'lottery' for pur poses of this article and shall be lawful.
(b) For purposes of this Code section the terms 'promotional con test' and 'contest' are synonymous and mean any scheme or pro cedure for the promotion of sales of any realty or personalty whereby one or more prizes are distributed by chance among persons who are informed by mail of their opportunity to participate and who are re quired to be present at a real estate development or other place of business to determine if they have won a prize.
jc) In order to be lawful a promotion must comply with all re quirements of this subsection:
(1) Persons who are offered an opportunity to participate may be notified of such opportunity only by mail;
(2) The promotion must be an advertising and promotional under taking, in good faith, solely for the purpose of advertising the real estate development or other place of business which participants are required to visit;
(3) No person shall be required to pay or furnish any tangible con sideration (other than the consideration of visiting the real estate development or place of business) in order to be eligible for any prize;
(4) Each mailing must state the actual cash value of each prize which the participant has a chance to win and must state the odds of the participant's winning each prize;
(5) Upon each participant's visit to the real estate development or place of business, the participant must be immediately informed whether he has won a prize; and if he has won a prize it must be awarded to him immediately;
(6) No participant shall be required to view, hear, or attend any sales presentation; and no sales presentation may be made to any par ticipant until after he has been informed whether he has won a prize and has been awarded his prize, if any;
(7) A list of all winning tickets, tokens, numbers, lots, or other devices used to determine winners must be prominently posted at the real estate development or place of business and a copy of such list shall be furnished to each participant who so requests.
jd) Any person who operates or participates in the operation of a promotion which does not conform to the requirements of this Code section shall be guilty of a misdemeanor of a high and aggravated nature; and such conduct shall constitute the offense of operating a fraudulent promotion.

1446

JOURNAL OF THE SENATE

(e) Any person who operates or participates in the operation of a promotion which does not conform to the requirements of this Code section shall be liable to each participant who visits the real estate development or place of business for the expenses of the participant in making the visit and punitive damages not to exceed $1,000.00. This remedy is in addition to any other remedy available.
(f) The administrator of the 'Fair Business Practices Act' may in any court of competent jurisdiction seek an injunction against the operation of any promotion which does not conform to the re quirements of this Code section. The administrator shall have the power to investigate all promotions to determine if they are in com pliance with the requirements of this Code section. Any violation of this Code section shall also constitute an unlawful act under the 'Fair Business Practices Act of 1975.'
(g) This Code section shall apply to all promotions involving real estate developments or places of business in this state or participants who are residents of this state to whom mailings are delivered in this state.
(h) Except as specifically provided in this Code section, this Code section shall not operate to make lawful any otherwise unlawful "con duct."

Part3
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker

Barnes Bell

Bond Bowen

FRIDAY, FEBRUARY 26, 1982

1447

Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Land Lester McGill McKenzie Robinson

Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard Brown of 47th

Deal Littlefield

Reynolds

Those not voting were Senators:

Garner

Kidd

Hudson

Summers

On the passage of the bill, the yeas were 47, nays 5.

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 614. By Senator Kidd of the 25th:
A bill to amend Code Section 48-5-2, relating to definitions with respect to ad valorem taxation of property, so as to exclude certain costs of pur chase and sale from the meaning of the term "fair market value to prop erty"; to provide for other matters relative to the foregoing; to provide an effective date.
The Senate Committee on Banking, Finance and Insurance offered the follow ing amendment:

Amend SB 614 by striking from Section 1, beginning on line 17 of Page 1, the following:
", exclusive of the usual and reasonable fees and costs of purchase and sale, including, but not limited to, real estate commissions and the costs and expenses of financing",
and inserting in lieu thereof the following:
'', exclusive of real estate commissions''.

1448

JOURNAL OF THE SENATE

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 Barker Bell Bond Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell Dean Eldridge English Engram Evans

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Land Lester Littlefield McGill

McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes

Deal

Brown of 47th

Those not voting were Senators:

Ballard

Hudson

Reynolds Kidd

On the passage of the bill, the yeas were 49, nays 4.
The bill, having received the requisite constitutional majority, was passed as amended.

FRIDAY, FEBRUARY 26, 1982

1449

The following bills of the House were read the first time and referred to com mittees:

HB 1314. By Representatives Johnson of the 72nd, Murphy of the 18th, 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 relative to disability benefits for cer tain members; to amend the Official Code of Georgia Annotated ac cordingly.
Referred to Committee on Retirement.

HB 1433. By Representatives Thomas and Johnson of the 66th and Shepard of the 67th:
A bill to amend the "Adequate Program for Education in Georgia Act," so as to change the conditions under which teachers and other profes sional personnel shall be entitled to lifetime certification; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Education.

HB 1488. By Representative Greer of the 43rd:
A bill to amend an Act known as ' The Metropolitan Atlanta Rapid Tran sit Authority Act of 1965," so as to empower the Authority, without the necessity for competitive bidding, to enter into lease agreements under Section 168(f)(8) of the Internal Revenue Code of 1954 concerning qualified mass commuting vehicles as defined in said Code.
Referred to Committee on County and Urban Affairs.

HB 1601. By Representative Rainey of the 135th:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia An notated, relating to the registration, operation, and sale of watercraft, so as to specify appropriate boating safety zones consistent with public safe ty at certain dams.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1102. By Representatives Culpepper of the 98th, Davis of the 45th, Bray of the 70th and others:
A bill to regulate the sale and offer to sell of certain subdivided land and practices pertaining thereto; to provide a short title; to provide for defini tions; to require registration with the Commissioner of Securities.
Referred to Committee on Governmental Operations.

1450

JOURNAL OF THE SENATE

The following general bills of the Senate and House, favorably reported by the committees, were read the third tune and put upon their passage:

SB 535. By Senator Land of the 16th:
A bill to amend an Act establishing the Georgia Legislative Retirement System, as amended, so as to change the provisions relative to the cessa tion of benefits upon returning to state service; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.

Senator Land of the 16th moved that SB 535 be committed to the Committee on Retirement.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 535 was committed to the Committee on Retirement.

HB 1389. By Representatives Adams of the 14th and Jackson of the 9th:
A bill to amend an Act providing for a State Board of Registration of Used Car Dealers, so as to continue the board and the laws relating thereto un til July 1, 1988; to amend the Official Code of Georgia Annotated ac cordingly.
Senate Sponsor: Senator Dean of the 31st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond 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 Hudgins Kennedy Land Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

FRIDAY, FEBRUARY 26, 1982

1451

Those not voting were Senators:

Allgood Ballard

Garner Holloway

Hudson Kidd

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 627. By Senator Greene of the 26th: A bill to amend Code Chapter 68A-11, relating to miscellaneous rules of the Uniform Rules of the Road, as amended, so as to add a new Code sec tion specifying the requirements for the towing of vehicles by a nonrigid connection and to provide a penalty for the violation of such re quirements; to amend the Official Code of Georgia Annotated according ly; to provide 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Brannon Brantley Brown of 47th Bryant Cobb Cole man Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Gillis Greene Horton Howard Kennedy Land 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:

Garner

Hill

Hudgins

1452

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood (excused conferee) Broun of 46th (excused conferee)

Barker

Fincher of 54th

Bowen

Holloway (excused conferee)

Hudson Kidd

On the passage of the bill, the yeas were 45, nays 3.
The bill, having received the requisite constitutional majority, was passed.
HB 1549. By Representatives Rowland of the 119th, Baugh of the 108th and Parham of the 109th: A bill to amend an Act relating to the control, licensing, and operation of clinical laboratories, so as to require licensure of specimen collection sta tions; to define specimen collection stations; to provide for licensure of specimen collection stations as part of state licensed parent laboratories; to amend the Official Code of Georgia Annotated accordingly. Senate Sponsor: Senator Greene of the 26th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bowen Brantley
Brown of 47th Bryant Cobb Coleman Coverdell Deal
Dean
Eldridge Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene
Hill Horton Howard Hudgins Kennedy Land
Lester
Littlefield McGill

Reynolds Robinson Scott Starr Stephens Stumbaugh
Summers Sutton Tate Thompson Trulock Turner
Tysinger
Walker Wessels

FRIDAY, FEBRUARY 26, 1982

1453

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Allgood (excused conferee) Bond
Broun of 46th (excused conferee) English

Evans Holloway (excused conferee)
Hudson

Kidd McKenzie
Timmons

On the passage of the bill, the yeas were 45, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Deal of the 49th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1549.
The following general bill of the Senate, having been read the third time on February 17 and committed to the Committee on Public Safety, and favorably reported by the committee, was put upon its passage:
SB 599. By Senator Broun of the 46th: A bill to amend Code Section 68B-307, relating to the authority of the Department of Public Safety, to suspend or revoke licenses, as amended, so as to require the Department of Public Safety to deduct any points assessed against an individual under certain circumstances; to amend the Official Code of Georgia Annotated accordingly; to provide 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, 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

Coverdell

Deal

Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster

1454
Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Land Lester

JOURNAL OF THE SENATE

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood (excused conferee)

Holloway (excused conferee) Kidd

Bond

Hudson

Timmons

Broun of 46th (excused conferee)

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
HB 1384. By Representatives Vandiford of the 53rd, Jackson of the 77th, Colbert of the 23rd and others: A bill to amend Code Chapter 24-28, relating to sheriffs, so as to authorize sheriffs to deposit cash bonds and cash reserves of professional bonds in interest-bearing accounts and to use interest proceeds for opera tion of their departments; to amend the Official Code of Georgia An notated accordingly. Senate Sponsor: Senator Howard of the 42nd.
Senator Howard of the 42nd offered the following substitute to HB 1384:
A BILL
To be entitled an Act to amend Code Chapter 24-28, relating to sheriffs, so as to authorize sheriffs of certain counties to deposit cash bonds and cash reserves of professional bonds in interest-bearing ac counts and to use interest proceeds for operation of their departments; to provide for related matters; to amend the Official Code of Georgia An notated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 26, 1982

1455

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 24-28, relating to sheriffs, is amended by adding a new Code Section 24-2813.1 to read as follows:
"24-2813.1. The sheriff of any county with a population of 400,000 or more according to the decennial census of 1980 or any future decennial census may deposit cash bonds and cash reserves of professional bondsmen held by him in interest-bearing accounts in one or more financial institutions designated as county depositories. Interest earned on any such account shall be periodically transferred from the depository into the operating fund of the sheriff's depart ment and used for the operation of the department. The sheriff shall make an accounting to the county governing authority of amounts of interest earned and transferred at such periods as the governing authority specifies."

Part 2
Section 2. Chapter 16 of Title 15 of the Official Code of Georgia An notated, relating to sheriffs, is amended by adding a new Code Section 15-16-27 to read as follows:
"15-16-27. The sheriff of any county with a population of 400,000 or more according to the decennial census of 1980 or any future decennial census may deposit cash bonds and cash reserves of profes sional bondsmen held by him in interest-bearing accounts in one or more financial institutions designated as county depositories. Interest earned on any such account shall be periodically transferred from the depository into the operating fund of the sheriff's department and us ed for the operation of the department. The sheriff shall make an ac counting to the county governing authority of amounts of interest earned and transferred at such periods as the governing authority specifies."
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

1456

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engrain Evans
Fincher of 52nd Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Land Lester

Littlefield
McGill Reynolds Scott Starr Stephens Sutton Tate Thompson Timmons Trulock Turner Tysinger Wessels

Those not voting were Senators:

Allgood (excused conferee)

Holloway (excused conferee)

Bell

Hudson

Broun of 46th (excused conferee) Kidd

Fincher of 54th

McKenzie

Robinson Stumbaugh Summers Walker

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Tysinger of the 41st gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1384.
HR 674. By Representatives Castleberry of the lllth, Buck of the 95th, Smyre of the 92nd and others: A resolution urging the Congress of the United States to continue the Apalachicola-Chattahoochee-Flint Rivers Waterway System. Senate Sponsor: Senator Timmons of the 11th.

FRIDAY, FEBRUARY 26, 1982

1457

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Kennedy 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:

Allgood (excused conferee)

Holloway (excused conferee)

Bell

Hudson

Broun of 46th (excused conferee)

Kidd Robinson

On the adoption of the resolution, the yeas were 47, nays 2.
The resolution, having received the requisite constitutional majority, was adopted.
The following bills of the House were taken up for the purpose of considering the Conference Committee Reports thereon:
HB 1109. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others: A bill to amend an Act known as the "Georgia Water Quality Control Act," so as to provide for monitoring, recording, and reporting certain in formation regarding the withdrawal of water from surface waters for cer tain irrigation systems.

1458

JOURNAL OF THE SENATE

The Conference Committee Report on HB 1109 was as follows:

The Conference Committee on HB 1109 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1109 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Hugh M. Gillis, Sr. Senator, 20th District

/s/ L. L. Phillips Representative, 120th District

/s/ Sam P. McGill Senator, 24th District

/s/ John G. Crawford Representative, 5th District

/s/ James R. Walker Senator, 19th District

/s/ Ronald E. Ginsberg Representative, 122nd District

Conference Committee substitute to HB 1109:
A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide for monitoring, recording, and reporting certain information regarding the withdrawal of water from surface waters for certain irrigation systems; to provide for penalties; 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. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," is amended by adding at the end of Code Section 12-5-31 a new subsec tion (p) to read as follows:
"(p) (1) Any other provision of this article notwithstanding, any person who owns or operates an irrigation system used for agricultural purposes which operation results in the withdrawal of surface waters in excess of 100,000 gallons per day on a monthly average shall monitor, record, and report to the county agricultural agent of the county in which the irrigation system is located data

FRIDAY, FEBRUARY 26, 1982

1459

necessary to calculate monthly volumes of water withdrawn from surface-water sources. Such monitoring, recording, and reporting may be based on any reliable procedure approved in writing by the direc tor, but the director shall not require the installation of any such monitoring, recording, and reporting system which costs more than $100.00 for any single irrigation system. Monitoring and recording of such data shall begin no later than the date of receipt of notification from the director that a particular procedure for monitoring, record ing, and reporting has been approved. Each person affected must file a written request for such approval with the director by not later than January 1, 1983. The initial report shall be submitted to the ap propriate county agricultural agent no later than April 1, 1983. Thereafter, an annual report must be submitted to the appropriate county agricultural agent no later than April 1 of each year.
(2) Each county agricultural agent shall forward the reports sub mitted to such agent under paragraph (1) of this subsection to the director within 30 days after such reports are received by the county agricultural agent.
(3) Each annual report required by this subsection must contain all information necessary, including adequate descriptions of all equipment, to enable the director to convert time of use to volume of surface water withdrawn each month.
(4) Any person subject to this subsection shall provide to the agent of the director access to the irrigation system for purposes of verifying data reported and measuring flow. Such access will be during normal working hours.
(5) Any person violating any provision of this subsection shall be liable for a civil penalty not to exceed $100.00 for such violation and an additional civil penalty not to exceed $10.00 for each day during which such violation continues."
Section 2. This Act shall become effective on November 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Gillis of the 20th moved that the Senate adopt the Conference Commit tee Report on HB 1109.

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

Bond Brannon Brantley Brown of 47th

Bryant Cobb Coleman Deal

1460

JOURNAL OF THE SENATE

Dean English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton

Howard Hudgins Land Lester McGill Reynolds Robinson Scott Starr Stephens

Stumbaugh Summers Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Bell Eldridge

Kennedy Littlefield

McKenzie Sutton

Those not voting were Senators:

Bowen Broun of 46th Coverdell

Fincher of 52nd Holloway

Hudson Kidd

On the motion, the yeas were 43, nays 6; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1109.
HB 1110. By Representatives Phillips of the 120th, Crawford of the 5th, Reaves of the 147th and others: A bill to amend an Act known as the "Groundwater Use Act of 1972," so as to change the provisions relating to exemptions from said Act.

FRIDAY, FEBRUARY 26, 1982

1461

The Conference Committee Report on HB 1110 was as follows:

The Conference Committee on HB 1110 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1110 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

1st Hugh M. Gillis, Sr. Senator, 20th District

1st L. L. Phillips Representative, 120th District

1st Sam P. McGill Senator, 24th District

Isi John G. Crawford Representative, 5th District

Is/ James R. Walker Senator, 19th District

1st Ronald E. Ginsberg Representative, 122nd District

Conference Committee substitute to HB 1110:
A BILL
To be entitled an Act to amend Part 2 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Ground Water Use Act of 1972," so as to change provisions relative to exemp tions from said Act; to provide for penalties; 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. Part 2 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Ground Water Use Act of 1972," is amended by striking Code Section 12-5-105 which reads as follows:
"12-5-105. Notwithstanding any other provision of this part, this part shall not apply to persons utilizing or withdrawing water for agricultural purposes or for poultry-processing purposes. The county agricultural agent of each county shall annually, upon request of the division, furnish the division with the best available estimates of the quantity of ground water used or withdrawn by those persons who

1462

JOURNAL OF THE SENATE

are exempt under this Code section. This estimate shall be determined by nominal means from available equipment, including pump and power ratings, but shall not require the installation of metering devices on the part of those persons utilizing or withdrawing ground water.",
in its entirety and substituting in lieu thereof a new Code Section 12-5-105 to read as follows:
"12-5-105. (a) Except as provided for in this Code section, this part shall not apply to persons utilizing or withdrawing water for agricultural purposes.
(b) Any person who owns or operates an irrigation system used for agricultural purposes which operation results in the withdrawal and utilization of ground waters in excess of 100,000 gallons per day on a monthly average shall monitor, record, and report to the county agricultural agent of the county in which the irrigation system is located data necessary to calculate monthly volumes of water withdrawn from ground-water sources. Such monitoring, recording, and reporting may be based on any reliable procedure approved in writing by the director, but the director shall not require the installa tion of any such monitoring, recording, and reporting system which costs more than $100.00 for any single irrigation system. Monitoring and recording of such data shall begin no later than the date of receipt of notification from the director that a particular procedure for monitoring, recording, and reporting has been approved. Each person affected must file a written request for such approval with the direc tor by not later than January 1, 1983. The initial report shall be sub mitted to the appropriate county agricultural agent no later than April 1, 1983. Thereafter, an annual report must be submitted to the ap propriate county agricultural agent no later than April 1 of each year.
jc) Each county agricultural agent shall forward the reports sub mitted to such agent under subsection (b) of this Code section to the director within 30 days after such reports are received by the county agricultural agent.
(d) Each annual report required by this Code section must contain all information necessary, including adequate description of all equip ment, to enable the director to convert time of use to volume of ground water withdrawn each month. In addition, the location, depth, and diameter of the well must be specified.
(e) Any person subject to subsection jb) of this Code section shall provide to the agents of the director access to the irrigation system for purposes of verifying data reported and measuring flow. Such access will be during normal working hours.
(f) Any person violating this Code section shall be liable for a civil penalty not to exceed $100.00 for such violation and an additional civil penalty not to exceed $10.00 for each day during which such violation continues."

FRIDAY, FEBRUARY 26, 1982

1463

Section 2. This Act shall become effective on November 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Gillis of the 20th moved that the Senate adopt the Conference Commit tee Report on HB 1110.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bond Brannon Brantley 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 Hudgins Kennedy Land Lester Littlefield

McGill Robinson Scott Starr Stephens Summers Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes Bell Deal

McKenzie Reynolds

Those not voting were Senators:

Bowen Broun of 46th

Holloway Hudson

Stumbaugh Sutton
Kidd

On the motion, the yeas were 44, nays 7; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1110.

1464

JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1223. By Representatives Miles of the 107th, Cheeks of the 89th, Colbert of the 23rd and Sherrod of the 143rd: A bill to amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, so as to continue the Board of Chiropractic Examiners and the laws relating thereto but to provide for the later termination of the board and such laws; to amend the Official Code of Georgia An notated accordingly.
Senator Howard of the 42nd moved that the Senate insist upon the Senate substitute to HB 1223.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1223.
The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:
HB 1235. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th: A bill to amend an Act providing appropriations for the fiscal year 1981-82, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1981-82.

FRIDAY, FEBRUARY 26, 1982

1465

The Conference Committee Report on HB 1235 was as follows:

The Conference Committee on HB 1235 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1235 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

1st Paul C. Broun Senator, 46th District

Isi Joe Frank Harris Representative, 8th District

/s/ Thomas F. Allgood Senator, 22nd District

/s/ Marcus E. Collins Representative, 144th District

/s/ Al Holloway Senator, 12th District

/s/ Clarence R. Vaughn, Jr. Representative, 57th District

Conference Committee substitute to HB 1235:
A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal year 1981-82, known as the "General Appropriations Act," ap proved April 9, 1981 (Ga. Laws 1981, p. 1036), so as to change certain ap propriations for the fiscal year 1981-82; to amend an Act providing a sup plementary appropriation for the State Fiscal Year ending June 30, 1982, approved January 19, 1982, known as Act 829, so as to amend the ap propriations made therein; to make language and other changes; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the fiscal year 1981-82, known as the "General Appropriations Act," approved April 9, 1981 (Ga. Laws 1981, p. 1036), is amended by striking the following:

1466

JOURNAL OF THE SENATE

"PARTI. LEGISLATIVE BRANCH

Section 1. Legislative Branch.

Budget Unit: Legislative Branch ..............$ Operations ............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

15,828,133 15,828,133 15,828,133 15,828,133

Budget Unit Object Classes: Operations ............................$ 15,828,133

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 Legisktures 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; 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 Government, and the pay ment 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

FRIDAY, FEBRUARY 26, 1982

1467

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 ..............$

5,149,264 4,799,264 4,799,264 4,799,264
350,000 350,000 350,000
4,799,264 350,000 28 150
2,208,582

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.

1468

JOURNAL OF THE SENATE

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

59

Section 4. Superior Courts.

Budget Unit: Superior Courts. ............$ 17,972,417

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 $97,000 per annum for each judgeship created by law during the 1981 ses sion of the General Assembly.

Provided, that of the above appropriation relating to Superior Courts, $424,371 is designated and commit ted for the Prosecuting Attorneys' Council for opera tions and $73,998 is designated and committed for the Sentence Review Panel, and $63,078 is designated and committed for the Probation Advisory Council.

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

458

Section 5. Court of Appeals.

Budget Unit: Court of Appeals ............$ 2,499,016

FRIDAY, FEBRUARY 26, 1982
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 $12,000 per annum for each additional Emeritus position established during the fiscal year.
Total Positions Budgeted
Section 6. Administrative Office of the Courts.
Budget Unit: Administrative Office of the Courts .............................$
Administrative Office of the Courts ........$ Institute for Continuing Judicial
Education ...........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
For the cost of operating the Administrative Office of the Courts and for the cost of operating the Institute for Continuing Judicial Education.

1469
54
744,022 541,742 202,280 744,022 744,022
20

Section 7. Appellate Court Reports. Budget Unit: Court Reports ...............$
For the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks and others as required by Code Chapter 90-2.
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.
Total Positions Budgeted

211,000
0 49,760
0 14,123
n

1470

JOURNAL OF THE SENATE

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 Judicial Administrative Districts.
Budget Unit: .............................$
For the cost of operating the Georgia Judicial Ad ministrative Districts.
Total Positions Budgeted

97,592 3
12,700 0
496,630 20

PART III.

EXECUTIVE BRANCH

Section 13. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services ................$ 37,581,393

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

208,181 7,780 3,084 --0-- 500 500 --0-- 12,516 3,180 13,813
249,554 249,554
6

FRIDAY, FEBRUARY 26, 1982

1471

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 ................ ...S State Funds Budgeted ...................$ Total Positions Budgeted
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

966,064 319,538
7,291 --0-- 6,200 1,450 --0-- 47,221 16,170 --0--
10,600,000
5,480
2,650,000
850,000 15,469,414 15,469,414
41
764,772 31,480 5,830
--0-- 12,000
1,500 4,539,050
27,851 12,500
--0-- --0--
--0--
2,000,000
608,800 8,003,783 5,732,887
30

4. Central and Surplus Property Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$

226,239 160,205

1472

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 .............$ Materials for Resale .....................$ Utilities ..............................$ 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

750 --0-- 7,000 1,450 --0-- 58,671 5,300
800 5,400,000
--05,860,415
--0-- 15
1,123,995 107,600 6,888 --0-- 29,600 500 228,759 56,502 32,500 --0--
1,586,344 1,586,344
52
284,119 19,207 5,240 --0-- 2,300 1,500 14,600 12,165 22,750 --0--
361,881 67,696
13

7. Real Property and Space Management Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

254,848 5,430 925 --0-- 400

FRIDAY, FEBRUARY 26, 1982

1473

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

500 --0-- 17,999 4,420
300 --0-- 284,822 284,822
11

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

15,310,272 1,268,077 54,522
6,950 221,975 248,225 299,000 12,051,986 1,029,947 306,250
2,270,896 1,014,900 34,083,000 9,000,000
666

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

347,178 1,455,392
--0-- 288,000
--0-- 30,000
--0-- 720
--0-- --0-- 2,121,290 --0--
23

10. Communication Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment
Purchases .........................$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$

2,246,167 391,004 10,062
30,100 58,200
6,525 209,030

1474

JOURNAL OF THE SENATE

Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Telephone Billings ......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

56,348 460
5,000 24,943,000 27,955,896
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

1,277,063 1,647,093
--0-- --0-- --0-- 38,800 --0-- 122,900 --0-- 400,000 --0-- 3,485,856 --0--
71

12. Surplus Property 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 ............. Utilities .............................. Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

725,669 291,900
25,300 --0--
11,300 700
41,000 6,596 11,750
25,000 11,500 23,980 1,174,695 182,776
44

13. Mail and Courier 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 .............$

131,574 112,823
--0-- --0-- --0--8,500 --0-- 2,239 1,550 --0-- --0--

FRIDAY, FEBRUARY 26, 1982

1475

Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

256,686 7,900 10

14. Self-Insurance 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

505,029 23,677 24,500 --0-- 2,000 --0-- 55,000 26,227 9,500 --0-- 32,000
677,933 --0-- 22

Budget Unit Object Classes:
Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment
Purchases .........................$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ 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 Floyd Buildings Operations. ................$ State Liability Self-Insurance Reserve ...........................$ Telephone Billings ......................$ Materials for Resale .....................$ Public Safety Officers Indemnity Fund. ....................$

24,371,170 5,841,206 144,392
325,050 351,475 340,150 5,386,439 1,477,902 426,330 1,078,313 12,051,986 23,980
--0--
2,270,896
5,480
10,600,000
850,000
2,650,000
--0-- 24,943,000
5,825,000
608,800

1476

JOURNAL OF THE SENATE

Unemployment Compensation Reserve ...........................$
Total Positions Budgeted Authorized Motor Vehicles

2,000,000 1,110 284

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 .......................$ Total. ................................$

361,881 34,083,000 2,121,290 27,955,896 3,485,856 68,007,923

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.

Provided, however, the Department is authorized to construct from available funds a surplus property storage facility adjacent to the current facility in Swainsboro, the cost not to exceed $22,000.

B. Budget Unit: Georgia Building Authority .....$
1. Georgia Building Authority Budget: Personal Services .......................$ Regular Operating Expenses ..............$

--0--
8,772,085 2,113,171

FRIDAY, FEBRUARY 26, 1982

1477

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

3,500
--0-- 30,000 90,000
--0-- --0-- 40,000 89,000 10,600,000 1,039,500 3,300,000
--0-- 26,077,256
--0-- 419

2. Operations of Floyd Building Budget:
Personal Services....................... Regular Operating Expenses .............. Travel. ............................... Motor Vehicle Equipment Purchases ....... Publications and Printing. ................ Equipment Purchases ................... Computer Charges. ..................... Real Estate Rentals. ..................... Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Authority Lease Rentals. .................$ Utilities ..............................$ Facilities Renovations
and Repairs ........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

659,225 350,000
--0-- --0-- --0-- 20,000 --0-- --0-- --0-- --0-- -0-- --0-- 1,300,000
--0-- 2,329,225
--0-- 88

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 ..............................$

9,431,310 2,463,171
3,500
--0-- 30,000 110,000
--0-- --0-- 40,000 89,000 10,600,000 1,039,500 4,600,000

1478

JOURNAL OF THE SENATE

Facilities Renovations and Repairs .........
Total Positions Budgeted Authorized Motor Vehicles

--0-
507
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, however, the Georgia Building Authori ty is authorized to utilize available funds for acquiring additional parking facilities in the Capitol Hill area, but no funds shall be so applied without prior approval of the Fiscal Affairs Subcommittees of the House and Senate.

Section 14. Department of Agriculture.
A. Budget Unit: Department of Agriculture ....................... V..$
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

21,361,941
3,337,355 342,406 125,267 59,803 26,000 87,030 --0-- 5,178 41,550 600
4,025,189 3,528,894
188

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. ..........................$

1,124,760 114,275 39,705 --0-- 10,000 2,700 --0-- --0-- 45,650 75,000
421,000

FRIDAY, FEBRUARY 26, 1982

1479

Tifton Veterinary Laboratory Contract. ..........................$
Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton ................
Veterinary Fees ........................ Indemnities ........................... Capital Outlay ......................... Total Funds Budgeted ................... State Funds Budgeted ................... Total Positions Budgeted

764,170
878,000 525,000 75,000
--0-- 4,075,260 3,760,711
56

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 ...........................$ Major Repairs and Maintenance
Projects at Major and Minor Markets .........................$
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

850,279 128,485 51,208
--0-- 19,980 8,100
--0-- --0-- 37,500 31,600 55,000
35,000 1,217,152 1,205,902
42
1,788,782 721,000 11,569 14,000 7,000 17,000 --0-- --0-- 36,000 35,000 19,400
550,000 3,199,751
774,751 115

1480

JOURNAL OF THE SENATE

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
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.. ..............................$

1,916,789 106,097 176,709 51,200 4,000 3,000 --0-- 3,600 16,400 --0--
2,277,795 2,277,795
112
1,192,875 209,484 27,799 --0-- 21,000. 17,175 239,650 512,300 32,150 2,000
2,254,433 2,210,011
57
139,770 11,210 1,357 --0--
377,000 8,300 --0-- --0-- 6,600 --0--
470,000 1,014,237 1,014,237
9
1,237,700 221,660 93,362

FRIDAY, FEBRUARY 26, 1982

1481

Motor Vehicle Equipment Purchases .......$ Publications 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. ................$ 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 .............$

58,200 5,500
20,000 --0-- --0--
15,550 --0--
1,651,972 1,649,472
74
631,458 72,110 16,175 24,000 4,500 2,000 --0-- --0-- 20,100 1,500 771,843
771,843 30
2,752,507 129,563 166,324 30,000 8,200 12,000 --0-- 5,520 30,100 --0--
3,134,214 2,557,116
134
2,572,358 85,917 165,808 36,000 2,600 1,120 --0-- --0-- 19,200 107,900

1482

JOURNAL OF THE SENATE

Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,990,903 1,234,319
130

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

--0-- --0-- --0-- --0-- --0-- --0-- --0--
--0-- --0-- --0-- 100,000 100,000 100,000
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

276,890 276,890 276,890
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

166,784 4,800 900
20,000 200
158,000 --0-- --0-- --0-- --0--
350,684 --0-- 8

Budget Unit Object Classes:
Personal Services. ......................$ Regular Operating Expenses ....... ......$ Travel. ............................... Motor Vehicle Equipment Purchases ....... Publications and Printing. ................ Equipment Purchases ................... Computer Charges. .....................

17,711,417 2,147,007
876,183 293,203 485,980 336,425 239,650

FRIDAY, FEBRUARY 26, 1982
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 ........................$ 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, $50,000 is designated and committed for livestock and poultry shows relating to research and promoting.
Provided, that of the above appropriation, the Department is authorized and directed to notify dairy farmers of milk--sample test results after each test.
Provided, that of the above appropriation relating to Repairs to Major and Minor Markets, no expen diture shall be made without prior approval of the Georgia Building Authority (Markets).
It is the intent of this General Assembly that the Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and that no new fees be imposed on Georgia farmers.
B. Budget Unit: Georgia Agrirama Devel opment Authority ...................$
Georgia Agrirama Devel opment Authority Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges..................... . $ Real Estate Rentals. .....................$ Telecommunications ....................$

1483
526,598 300,800 238,000 470,000 100,000 421,000 764,170
878,000 525,000 75,000 90,000 276,890 585,000
-0955 259
--0--
437,121 93,361
6,072 --0-- 17,400 1,575 --0-- --0-- 4,500

1484

JOURNAL OF THE SENATE

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.

36,103 67,924 83,900 8,300 756,256
--0-- 27
437,121 93,361 6,072 --0-- 17,400 1,575 --0-- --0-- 4,500 36,103 67,924 83,900 8,300 27 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 ..............$

2,972,796
2,442,370 127,420 226,358 --0-- 18,039 6,110 14,850 104,842 30,807 2,000
2,972,796 2,972,796
95
2,442,370 127,420

FRIDAY, FEBRUARY 26, 1982

1435

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 and Administrative Budget:
Personal Services .......................$ 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 .................$ Multi-State Transportation Board ..........$ Payments to Georgia Residential
Finance Authority. ....................$ Local Assistant Grants ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
2. Technical 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 .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Information Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$

226,358 --0--
18,039 6,110 14,850 104,842 30,807 2,000
95 21
4,336,647
593,904 39,147 11,750 --0-- 7,100 1,700 --0-- 107,143 9,500 10,000 6,000 10,000
--0-- 446,000 1,242,244 1,139,828
21
507,858 20,765 36,000
--0-- 18,285
--0-- 1,600 25,627 16,000 24,100 650,235 537,674
20
236,990 7,590

1486

JOURNAL OF THE SENATE

Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Juvenile Justice Grant ...................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
4. Community Betterment Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications 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. Community 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 .............$ 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

5,500 --0-- 2,300 --0--
750 8,600 4,800 7,600 --0-- 1,533,000 --0-- 1,807,130 155,825
9
283,465 10,000 19,260 --0-- 4,165 --0-- --0-- 13,640 7,560 13,650
351,740 351,740
11
742,746 16,775 46,200 --0-- 17,400 8,867 3,000 41,280 18,693 5,144
1,350,000 325,604
144,985
11,875 2,732,569 2,151,580
36

FRIDAY, FEBRUARY 26, 1982

1487

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. .........................$ Multi-State Transportation Board ..........$ Juvenile Justice Grants ..................$ Payments to Georgia Residential
Finance Authority. ....................$ Total Positions Budgeted Authorized Motor Vehicles

2,364,963 94,277 118,710 --0-- 49,250 10,567 5,350 196,290 56,553 60,494 6,000
1,350,000 325,604 446,000
144,985
11,875 10,000 1,533,000
--0-- 97 4

Provided that of the above appropriations $10,000 is designated and committed for The Multi-State Transportation Board.

B. Budget Unit: Georgia Residential Finance Authority ....................$
Georgia Residential Finance Authority Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Rental Assistance Payments ..............$ Grants to Housing Sponsors. ..............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

--0--
1,230,787 161,114 71,400 7,000 37,500 48,800 14,000 98,330 64,000 237,585
8,252,162 475,000
10,697,678 --0-- 68 26

1488

JOURNAL OF THE SENATE

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Rental Assistance Payments ..............$ Grants to Housing Sponsors. ..............$ Total Positions Budgeted Authorized Motor Vehicles

1,230,787 161,114 71,400 7,000 37,500 48,800 14,000 98,330 64,000 237,585
8,252,162 475,000 68 26

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
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 .............$

5,215,667
517,994 65,172
5,262 --0-- 7,500 1,770 --0-- --0-- 13,650 --0-- 611,348 599,351
21
947,738 41,482 6,749 --0-- 101,940 3,540 127,500 20,195 22,100 2,000

FRIDAY, FEBRUARY 26, 1982

1489

Computer Equipment and Feasibility Study . . $ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Industrial Loans Regulation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
4. Information and Enforcement Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
5. Fire Safety and Mobile Home Regulation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...,...........................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 1,273,244 1,187,244
45
334,138 20,524 16,787
5,500 5,250
150 --0-- --0-- 5,250 --0-- 387,599 387,599
14
858,869 36,617 28,224 --0-- 3,400 1,730 --0-- 21,753 29,650 --0--
980,243 980,243
45
2,038,020 89,640 132,568 49,500 16,500 2,000 5,516 36,844 25,630 10,000
2,406,218 2,061,230
104

1490

JOURNAL OF THE SENATE

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Computer Equipment and
Feasibility Study ....................$ Per Diem, Fees and Contracts .............$ Total Positions Budgeted Authorized Motor Vehicles

4,696,759 253,435 189,590 55,000 134,590 9,190 133,016 78,792 96,280
--0-- 12,000
229 57

Section 18. Department of Defense.
Budget Unit: Department of Defense .......$
1. Administration and Support of State Militia Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Military Assistance to
Safety and Traffic Grant ................$ Georgia Military Institute Grant ...........$ Civil Air Patrol Contract .................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
2. Civil Defense Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel.. ..............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$

2,503,638
834,159 78,207 3,200 --0-- 20,850 --0-- --0-- --0-- 23,019 30,850
--0-- 18,000 40,000
--0-- 1,048,285 1,025,091
36
707,477 98,771 16,500 --0-- 7,605 --0-- --0-- --0-- 31,664 57,244

FRIDAY, FEBRUARY 26, 1982

1491

Local Civil Defense Grants--Training. ...................$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Construction and Facilities Maintenance Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Grants to National Guard Units. ...........$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
4. Disaster Preparedness and Recovery Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel................... .............$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
5. Service Contracts Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$

32,000 951,261 460,840
31
109,261 118,180
2,400 --0-- --0-- 9,900 --0-- --0-- --0--
500 312,000
98,100 650,341 650,341
5
259,961 9,930 14,750 --0-- 3,600 1,000 --0-- 4,560 3,550 --0--
297,351 20,872 12
1,938,699 1,508,509
2,300 --0-- --0-- --0-- --0-- --0-- --0-- --0-- 3,449,508

1492

JOURNAL OF THE SENATE

State Funds Budgeted ...................$ Total Positions Budgeted

346,494 115

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 .........................$ Local Civil Defense
Grants--Training. ...................$ Total Positions Budgeted Authorized Motor Vehicles

3,849,557 1,813,597
39,150 --0--
32,055 10,900
--0-- 4,560 58,233 88,594
--0-- 312,000
18,000 40,000 98,100
32,000 199 20

Section 19. State Board of EducationDepartment of Education.

A. Budget Unit: Department of Education. ..........................$ 1,319,610,984

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

3,060,803 131,568 267,461 --0-- 201,526 14,070 137,959 93,382 321,273 7,689
4,235,731 1,973,253
123

2. Governor's Honors Program Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

260,738 33,098 3,575 --0-- 1,600 500

FRIDAY, FEBRUARY 26, 1982

1493

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. ...............................I 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. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,815 4,800 348,000 655,126 655,126
2
2,880,592 169,355 242,487 --0-- 72,211 10,726 126,771 85,516
2,532,507 11,088
6,131,253 2,043,084
110
3,359,809 1,970,627
83,271 --0--
200,996 70,820 11,964 67,611
204,295 330,678
--0-- 6,300,071 5,088,238
180
963,936 374,274
18,502 15,894
318 120,298 35,525 180,087
11,798 1,720,632
799,817 52

1494

JOURNAL OF THE SENATE

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
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
9. Planning and Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases ......$

937,350 182,049 50,879
--0-- 20,556
6,000 56,420 25,277 205,674 1,484,205 1,123,720
34
4,785,791 242,854 355,212 --0-- 173,593 13,250 810,087 260,232 102,287 98,700 5,066
6,847,072 130,000
4,427,603 220
508,123 24,558
1,500 --0-- 6,939
675 --0-- 29,801 14,000 4,554 590,150 558,838
31
2,081,587 73,669 113,718 --0--

FRIDAY, FEBRUARY 26, 1982

1495

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
11. Vocational Advisory 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 .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
12. Professional Practices Commission Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$

66,150 5,700
95,228 47,821 1,185,555 3,669,428 2,938,617
82
52,691 6,910 1,650 6,050 175 4,284 3,769
45,190 120,719 120,719
2
76,924 20,071
8,000 --0-- 14,044 5,000 --0-- 7,000 5,043 32,000 168,082 --0--
3
176,694 9,192 11,710 --0-- 1,555 --0-- --0-- 19,011 5,721
46,000 269,883

1496

JOURNAL OF THE SENATE

State Funds Budgeted ...................$ Total Positions Budgeted

216,757 6

13. Local Programs Budget:

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1) and 10(a) (2)) .... $ 541,572,390

Salaries of Instructional Personnel (Sec. 5). . $ 90,836,201

Salaries of Instructional Personnel (Sec. 7). . $ 20,737,494

Salaries of Student Supportive

Personnel (Sec. 20 (a)) ................$ 22,853,206

Salaries of Administrative

and Supervisory Personnel (Sec. 21) .....$ 64,479,476

Special Education Leadership

Personnel (Sec. 21 (d) (2)). .............$ 2,782,579

Instructional Media (Sec. 13) ............$ 20,004,451

Instructional Equipment (Sec. 14) ........$ 690,079

Maintenance and Operation (Sec. 15). .....$ 89,764,765

Sick and Personal Leave (Sec. 16) .........$ 5,556,770

Travel (Sec. 17) .......................$ 1,011,707

Pupil Transportation--(Sec. 25) ..........$ 73,982,232

Isolated Schools ......................$ 470,344

Mid-Term Adjustment .................$

--0--

Non-APEG Grants:

Education of Children of

Low-Income Families ................$ 88,977,609

Teacher Retirement ...................$ 90,885,328

Instructional Services for

the Handicapped ....................$ 22,905,728

Preparation of Professional

Personnel in Education

of Handicapped Children .............$

75,000

Tuition for the Multi-handicapped ........$ 1,172,000

Severely Emotionally Disturbed. .........$ 15,617,456

Compensatory Education ...............$ 12,746,747

School Library Resources and

Other Materials .....................$ 4,062,878

School Lunch (Federal) .................$ 108,417,000

School Lunch (State) ...................$ 14,560,000

Supplementary Education Centers

and Services. .......................$ 2,359,716

Staff Development ....................$ 925,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ..................$ 3,499,884

Cooperative Educational

Service Agencies ....................$ 3,719,738

Superintendents' Salaries ...............$ 4,546,327

High School Program ..................$ 24,982,554

Area Vocational-Technical

Schools. ...........................$ 47,386,492

FRIDAY, FEBRUARY 26, 1982

1497

Career Education .....................$ 325,162

Junior College Vocational

Program. ..........................$ 1,784,636

Quick Start Program. ..................$ 3,171,416

Comprehensive Employment

and Training .......................$ 3,647,196

Vocational Research

and Curriculum .....................$ 991,982

Adult Education ......................$ 4,049,473

Salaries and Travel of

Public Librarians ....................$ 4,070,099

Public Library Materials. ...............$ 3,757,524

Talking Book Centers ..................$ 666,258

Public Library Maintenance

and Operation ......................$ 2,501,483

Public Library Construction .............$ 587,000

Competency-Based High School

Graduation Requirements. ............$ 240,000

Instructional Aides ....................$ 8,898,359

Teacher Health Insurance ..............$ 31,732,574

Nutritional Education. .................$ 370,733

Basic Skills ..........................$

82,727

Capital Outlay (under 32-648a). ..........$ 20,277,000

Grants to Local School

Systems for Educational

Purposes (Act 562) ...................$ 75,000,000

Indo-Chinese Refugee .................$

167,064

Salaries of Extended

Pre-School Personnel. ................$ 9,065,763

Area Vocational Technical

School Construction .................$ 1,107,600

Total Funds Budgeted ................... $1,554,075,200

State Funds Budgeted ................... $1,299,665,212

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 .........................$

19,145,038 3,238,225 1,157,965
--0-- 781,114 127,234 810,087 871,783 490,752 5,203,835 366,319
-- 0--

APEG Grants:
Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) .......................$ 541,572,390

1498

JOURNAL OF THE SENATE

Salaries of Instructional Personnel (Sec. 5). ...................$
Salaries of Instructional Personnel (Sec. 7). ...................$
Salaries of Student Supportive Personnel (Sec. 20 (a)) ................$
Salaries of Administrative and Supervisory Personnel (Sec. 21) ........$
Special Education Leadership Personnel (Sec. 21(d) (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) ....................$ Isolated Schools ......................$ Mid-Term Adjustment .................$

90,836,201
20,737,494
22,853,206
64,479,476
2,782,579 20,004,451
690,079 89,764,765
5,556,770 1,011,707
73,982,232 470,344 --0--

Non-APEG Grants:

Education of Children of

Low-Income Families ................$ 88,977,609

Teacher Retirement ...................$ 90,885,328

Instructional Services for

the Handicapped ....................$ 22,905,728

Preparation of Professional

Personnel in Education

of Handicapped Children .............$

75,000

Tuition for the Multi-handicapped ........$ 1,172,000

Severely Emotionally Disturbed. .........$ 15,617,456

Compensatory Education ...............$ 12,746,747

School Library Resources

and Other Materials .................$ 4,062,878

School Lunch (Fed.) ...................$ 108,417,000

School Lunch (State) ...................$ 14,560,000

Supplementary Education

Centers and Services .................$ 2,359,716

Staff Development ....................$ 925,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ..................$ 3,499,884

Cooperative Educational

Service Areas .......................$ 3,719,738

Superintendents Salaries ...............$ 4,546,327

High School Program ..................$ 24,982,554

Area School Program ..................$ 47,386,492

Career Education .....................$ 325,162

Junior College Program ................$ 1,784,636

Quick Start ..........................$ 3,171,416

Comprehensive Employment

and Training .......................$ 3,647,196

FRIDAY, FEBRUARY 26, 1982

1499

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. ............$
Competency-Based High School Graduation Requirements. ............$
Instructional Aides ....................$ Teacher Health Insurance ..............$ . Nutritional Education. .................$ Basic Skills ..........................$ Capital Outlay (under 32-648a). ..........$
Grants to Local School Systems for Educational Purposes (Act 562) ...................$
Indo-Chinese Refugee .................$
Salaries of Extended Pre-School Personnel. ................$
Area Vo-Tech School Construction. .......$
Total Positions Budgeted Authorized Motor Vehicles

991,982 4,049,473
4,070,099 3,757,524
666,258 2,501,483
587,000
240,000 8,898,359 31,732,574
370,733 82,727
20,277,000
75,000,000 167,064
9,065,763 1,107,600
845 17

B. Budget Unit: Institutions. ....................$ 13,365,381

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. 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 ..............................$

2,255,408 227,411 4,958 --0-- 3,845 12,051 12,413 6,245 116,011 151,500
2,789,842 2,496,656
154
4,068,954 553,090 9,686 54,574 200 22,596 17,557 20,250 336,560

1500

JOURNAL OF THE SENATE

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
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

93,476 5,176,943 4,760,074
270
1,649,407 172,887 6,533 --0-- 2,517 36,921 14,884 5,900 100,749 33,720
2,023,518 1,755,559
97
2,211,121 574,920 17,974 --0-- 5,860 57,418 13,695 2,500 246,402 --0--
3,129,890 2,302,408
104
1,859,492 464,017 16,083 --0-- 4,070 45,673 20,647 7,500 227,036 --0--
2,644,518 2,050,684
94

FRIDAY, FEBRUARY 26, 1982
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

1501
12,044,382 1,992,325 55,234 54,574 16,492 174,659 79,196 42,395 1,026,758 278,696 719 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 ($10,883) 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 $10,883 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.

1502

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 $925,000 for Staff Development, $92,500 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

FRIDAY, FEBRUARY 26, 1982

1503

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.
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.
Provided, that the funds appropriated herein for local school construction shall be used to complete the funding of those projects for which F.Y. 1981 en titlements were sufficient to cover eligible projects (pursuant to Section 48 of APEG), based on a total state entitlement of $100 million for F.Y. 1981.
Section 20. Employees' Retirement System.
Budget Unit: Employees'Retirement System. .$
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 ...............................$ Cost-of-Living Increases-Other
Retirees. ............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

90,000
533,000 15,020 8,400 --0-- 12,600 4,500
196,350 48,130
9,718 370,663
35,000
70,000 1,303,381
90,000 28
533,000 15,020 8,400

1504

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 ...............................$ Cost-of-Living Increases-Other
Retirees. ............................$ Total Positions Budgeted Authorized Motor Vehicles

--0-- 12,600 4,500 196,350 48,130 9,718 370,663 35,000
70,000 28 1

Section 21. Forestry Commission.

Budget Unit: Forestry Commission ..........$ 20,545,423

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

707,707 688,179
4,963 21,970
3,324 13,214 14,437
--0-- 9,376 82,132 517,000 2,062,302 865,302
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

14,563,597 3,554,717
88,268 645,903 29,625 1,122,147
35,970 13,152 419,028 39,443 60,000 135,800 20,707,650 17,988,070
807

3. General Administration and Support Budget:
Personal Services .......................$

650,087

FRIDAY, FEBRUARY 26, 1982

1505

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

91,384 18,254
--0-- 39,489
5,656 73,944
--0-- 17,500
4,137 420,990
--0-- 1,321,441
1,292,051 25

4. Wood Energy Budget:

Wood Energy Program. ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

400,000 400,000 400,000
4

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Contractual Research. ...................$ Ware County Grant .....................$ Herty Foundation ......................$ Wood Energy Program. ..................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

15,921,391 4,334,280
111,485 667,873 72,438 1,141,017 124,351
13,152 445,904 125,712 420,990
60,000 --0--
400,000 652,800
867 751

Provided, that to the extent that Federal Funds are realized in excess of the amounts of such funds con templated in the Cooperative Forest Protection, 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 $450,000 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.

1506

JOURNAL OF THE SENATE

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 ..........................$ 16,352,345

1. General Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. ......................I Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

494,215 26,570 5,000 --0-- 2,500 1,050 --0-- 31,777 21,250 3,200 4,900 --0-- 590,462 590,462 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

6,358,476 1,053,159
295,730 358,708 20,500 45,975
700 102,872 207,488
9,382 145,000
8,100 45,000 8,651,090 8,651,090
230

3. Forensic Sciences Division Budget:
Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

2,176,178 409,460 25,000 --0-- 5,000 50,000

FRIDAY, FEBRUARY 26, 1982

1507

Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

99,436 11,190 80,400
500 17,200
--0-- 2,874,364 2,874,364
89

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

1,699,305 95,056 9,000 6,000 40,000 1,160
1,877,808 3,600
482,000 2,500
20,000 4,236,429 4,236,429
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

10,728,174 1,584,245 334,730 364,708 68,000 98,185 1,977,944 149,439 791,138 15,582 145,000 50,200 45,000 439 254

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

1508

JOURNAL OF THE SENATE

if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.

Section 23. Georgia 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

--0--
840,062 30,980 8,000 --0-- 4,000 1,500 18,000 56,461 12,000 110,000
1,081,003 --0-- 30

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

840,062 30,980 8,000 --0-- 4,000 1,500 18,000
56,461 12,000 110,000
30 0

It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the following project for the Department of Industry and Trade 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 project:

Expansion of Georgia World Congress Center in Atlanta. .............$ 83,000,000

It is the intent of this General Assembly that none of the General Obligation Bonds authorized in this Ap propriations Act shall be for a term of more than twen
ty years.

FRIDAY, FEBRUARY 26, 1982

1509

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
Budget Unit Object Classes:

4,354,032
1,587,999 40,000
2,300,000 112,798
4,040,797 4,010,797
329,381 12,668 12,000 --0-- 3,500 1,100 --0-- 20,132 10,459 23,995
413,235 343,235
15

Cost of Operations ......................$ Mansion Allowance .....................$ Governor's Emergency Fund. .............$ Intern Stipends and Travel ...............$ Personal Services .......................$

1,587,999 40,000
2,300,000 112,798 329,381

1510

JOURNAL OF THE SENATE

Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Positions Budgeted Authorized Motor Vehicles
B. Budget Unit: Office of Planning and Budget. .........................$
1. General Administration and Support Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

12,668 12,000
--0-- 3,500 1,100 --0-- 20,132 10,459 23,995
15 1
6,786,184
441,786 87,430 9,000 --0-- 30,000 1,000 --0-- 172,476 12,000 146,000
899,692 808,135
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

138,178 8,853 5,000 --0-- 7,100 --0-- --0-- 18,716 7,500 8,000
1,392,806 595,000 35,000
2,216,153 1,586,153
8

FRIDAY, FEBRUARY 26, 1982
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
6. Human Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

15 n
282,663 1,300 8,600 --0-- --0-- 600 --0-- --0-- 4,600 8,000
305,763 305,763
9
201,986 3,597
29,604 --0-- 300 1,200 --0-- --0--
10,000 2,000 248,687 248,687
7
571,223 1,750 7,000 --0-- --0-- 1,190
27,000 --0-- 8,000 1,300
617,463 617,463
21
344,724 200
5,000 --0-- --0--
500

1512

JOURNAL OF THE SENATE

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 .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$

--0-- --0-- 4,900 7,000 362,324 362,324
11
932,070 50,065 15,000 --0-- 6,500 1,500 25,000 56,062 102,000 7,000
1,195,197 853,297 44
290,171 28,000 35,000 --0-- 70,000 --0-- 8,700 --0-- 17,000
4,530,000 4,978,871
280,546 16
134,574 7,610 3,680 --0-- 5,470 --0-- 3,100 8,110 3,300 13,500
179,344

FRIDAY, FEBRUARY 26, 1982
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 ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
13. Consumer's Utility Counsel Budget:
Personal Services .......................$

i 513
89,282 4
103,597 300
5,000 --0-- 2,000 1,000 169,000 --0-- 3,000 85,000 368,897 368,897
3
376,657 5,000 19,000 --0-- 5,000 1,000 12,000 --0-- 11,000 70,000
499,657 339,657
14
351,693 1,800 7,500 --0-- --0-- 1,000 --0-- --0-- 5,000 --0--
366,993 366,993
11
276,510

1514

JOURNAL OF THE SENATE

Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases .................. . $ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
14. Criminal Justice Coordinating 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 .............$ 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, not less than 95% of $1,392,806 is designated and committed for Grants to Counties, Cities and Non-Profit Organiza tions in the State of Georgia.

11,706 7,000 --0--
900 --0-- --0-- 13,000 5,700 30,000 344,816 344,816
13
157,106 11,750 8,700
--0-- 10,000
--0-- --0-- 6,875 5,500 14,240 214,171 214,171
5
4,602,938 219,361 165,084 --0-- 137,270 8,990 244,800 275,239 199,500
4,922,040 1,392,806
595,000 35,000
181 0

FRIDAY, FEBRUARY 26, 1982

1515

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 ...................$

6,801,631
2,600,000 2,600,000 2,600,000
4,201,631 4,201,631 4,201,631

Budget Unit Object Classes:
Grants to Counties ......................$ Grants to Municipalities .................$

2,600,000 4,201,631

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 ..........................$ 211,434,061

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. ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ Indirect GBA Funding ...................$ Agency Funds .........................$ Title XXFunds. ........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

12,596,029 820,982 545,758 22,500 117,880 86,175 789,582
2,682,375 581,790
2,396,567 141,120 514,885 --0--
21,295,643
610,592 --0--
11,073,794 57,191
9,554,066 636 7

1516

JOURNAL OF THE SENATE

General Administration and Support Functional Budgets

Total Funds

Commissioner's Office ......$ 589,539

Child Care Licensing. .......$ 1,212,876

Laboratory Improvement .... $ 477,859

Child Support Recovery

$ 6,107,305

Contract Management. ......$ 186,647

Public Affairs. .............$ 316,404

Office of Administrative

Appeals. ................$ 580,216

Health Care Facilities

Regulations. .............$ 1,763,976

Radiological Health .........$ 394,408

Administrative Policy,

Coordination

and Direction ............$ 143,045

Personnel. ................$ 1,461,725

Administrative Support

Services ................$ 1,917,490

Office of Review

and Investigation .........$ 1,265,255

Systems Planning,

Development and Training .$ 263,068

Program Analysis ..........$ 113,986

Electronic Data Processing,

Planning and Coordination .$ 418,116

Facilities Management ......$ 2,861,944

Regulatory Services-

Program Direction

and Support .............$ 446,983

MH/MR Advisory Council. ...$ 46,691

Council on Family Planning . . $ 76,615

Developmental Disabilities . . . $ 273,484

Council on Maternal and

Infant Health ............$ 79,657

Community and Intergovern

mental Affairs. ...........$ 298,354

Indirect Cost ..............$

-- 0--

Undistributed .............$

-- 0--

Total. ....................$ 21,295,643

State Funds Pos.

$ 589,539

18

$ 1,039,361

56

$ 330,859

19

$ 389,337 195

$ 186,647

7

$ 316,404

12

$ 580,216

22

$ 651,021

64

$ 394,408

14

$ 143,045

4

$ 1,405,525

70

$ 1,690,255

52

$ 309,255

43

$ 263,068

9

$ 113,986

5

$ 150,500

0

$ 2,094,964

8

$ 446,983

15

$ 46,691

1

$ 11,610

2

$

-0-

9

$ 79,657

3

$ 298,354

8

$ (1,977,619)

0

$

-0-

0

$ 9,554,066 636

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 ........

$ 4,779,385

$

129,708

$

192,125

$

-0-

$

21,005

$

24,590

$

-0-

$

3,500

$

-0-

$

150,000

FRIDAY, FEBRUARY 26, 1982

1517

Utilities ..............................$ Postage ...............................$ Institutional Repairs and Maintenance ......$ Total Funds Budgeted ...................$ Title XX Funds. ........................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

--0-- 33,100 500,000 5,833,413
-01,901,961 3,931,452
236 0

Financial Management Functional Budgets

Total Funds

Budget Administration ......$ 1,535,349

Accounting Services ........$ 2,583,641

Auditing Services. ..........$ 1,714,423

Indirect Cost ..............$

-0-

Undistributed .............$

--0--

Total. ....................$ 5,833,413

State Funds Pos.

$ 1,535,349

37

$ 2,583,641 138

$ 1,714,423

61

$ (1,901,961]

0

$

--0--

0

$ 3,931,452 236

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 .............$ Menninger Group Homes ................$ Contract--Georgia
Advocacy Office, Inc. ..................$ Grant--Savannah Speech
and Hearing Center ...................$ Utilities ..............................$ Postage. ..............................$ 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

2,505,819 14,162,499
127,450 --0--
103,180 3,390
286,968 9,223
57,935 24,758,308
85,000
215,000
39,947 --0--
21,875 610,300 42,986,894 4,745,052 44,143 33,046,759 5,150,940
116 111

1518

JOURNAL OF THE SENATE

Special Programs Functional Budgets

Total Funds

State Economic

Opportunity Office. .......$ 304,162

District Programs,

Director's Office. .........$ 531,158

Child Development

Administration ...........$ 1,122,283

Child Development

Contracts--Foster Care ....$ 285,035

Special Projects ............$ 911,779

Child Development

Contracts-Day Care ......$ 19,054,213

Child Development

Contracts--Home

Management ............$ 268,246

Child Development

Contracts--Outreach ......$ 629,408

Information and Referral .... $ 325,340

Troubled Children Benefits. ..$ 695,300

Council on Aging. ..........$ 47,167

Energy Assistance ..........$ 17,724,352

Title XX Administration .....$ 1,088,451

Undistributed .............$

--0--

Total. ....................$ 42,986,894

State Funds Pos.

$ 140,566

10

$ 497,532

21

$ 336,460

42

$

8,641

0

$ 627,847

3

$ 2,066,431

0

$ 26,640

0

$ 75,598

0

$ 325,340

0

$ 695,300

0

47,167

1

$

--0--

4

$ 303,418

35

$

--0--

0

$ 5,150,940 116

4. Public 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

2,244,669 170,584 54,779 --0-- 48,560 7,000 386,778 --0-- 182,200 101,110 --0-- 1,450
3,197,130 568,978 296,260
2,331,892
114 0

Public Health--Program Direction and Support Functional Budgets.

Total Funds
Director's Office ...........$ 521,246 Employee's Health .........$ 241,228 Primary Health Care ........$ 302,470

State Funds Pos.

$ 342,246

8

$ 149,328

9

$ 299,270

10

FRIDAY, FEBRUARY 26, 1982

1519

Health Program Management .$ Vital Records ..............$ Health Services Research .... $
Undistributed .............$ Total. ....................$

700,215 891,045 540,926
--0-- 3,197,130

$ 528,655

27

$ 876,045

53

$ 136,348

7

$

--0--

0

$ 2,331,892 114

5. Public 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 ...........$ Family Planning Benefits. ................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

5,499,369 2,436,021
278,686 7,755
111,800 4,120
154,770 9,660 56,370
6,030,360 --0--
23,450
3,879,000 3,150,000
550,000 1,890,000
100,000
25,000
40,000
106,000
188,850 15,000
226,530 24,782,741
11,350 10,679,108 14,092,283
242 4

Public Health -- Family Health Functional Budgets

Total Funds
Family Health Management ..$ 5,713,057 Cancer Control ............$ 2,510,496

State Funds Pos.

$ 290,725

23

$ 2,282,496

6

1520

JOURNAL OF THE SENATE

Crippled Children ..........$ 4,672,503

Immunization .............$ 489,128

Maternal Health ...........$ 236,382

Sexually Transmitted Diseases $ 184,357

Infant and Child Health. .....$ 4,564,744

Diabetes. .................$ 243,495

Chronic Disease. ...........$ 1,443,682

Coordination, Education,

Prevention ..............$ 575,997

Malnutrition ..............$ 584,479

Stroke and Heart Attack

Prevention ..............$ 143,177

Family Planning ...........$ 756,329

Epidemiology. .............$ 1,366,496

Dental Health .............$ 68,051

Community Tuberculosis

Control .................$ 1,048,562

Crippled Children-SSI ......$ 181,806

Undistributed .............$

--0--

Total. ....................$ 24,782,741

$ 2,468,113

60

$

--0--

17

$ 236,382

6

$ 184,357

6

$ 4,517,744

12

$ 63,130

5

$ 1,443,682

22

$

--0--

10

$

-0-

18

$ 136,177

6

$ 51,193

13

$ 1,309,871

11

$ 68,051

3

$ 1,040,362

24

$

-0-

0

$

--0--

0

$ 14,092,283 242

6. Public 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 ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

3,110,290 443,129 51,971 --0-- 43,015 43,950 --0-- --0-- 4,000 324,267 --0-- 11,950
4,032,572 4,000
394,863 3,633,709
152 1

Public Health -- Community Health Functional Budgets

Total Funds

Occupational and

Radiological Health .......$ 348,045

Laboratory Services. ........$ 3,088,979

Emergency Health... .......$ 595,548

Undistributed .............$

-0-

Total. ....................$ 4,032,572

State Funds Pos.

$ 222,378

7

$ 2,888,783 129

$ 522,548

16

$

-0-

0

$ 3,633,709 152

FRIDAY, FEBRUARY 26, 1982

1521

7. Public 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 ...................$ Total Positions Budgeted Authorized Motor Vehicles

12,054,764 22,486,673
484,923 --0--
31,590 58,710 160,575 145,650 4,836,441
6,350 26,395
1,050,000
42,800 75,000 175,000 1,162,625
250,000
3,451,480
97,300
92,800 29,856,694 76,545,770
130,470 38,720,980
225,000 37,469,320
563 2

Public Health -- Local Services Functional Budgets

Total Funds Minimum Foundation .......$ 7,090,589 Grant-in-Aid to Counties. ....$ 26,807,153 Stroke and Heart
Attack Prevention ........$ 1,146,208 Family Planning ...........$ 5,551,208 Sickle Cell, Vision
and Hearing .............$ 341,892 Sexually Transmitted
Diseases ................$ 1,061,688

State Funds Pos.

$ 6,674,089 224

$22,150,320

0

$ 615,008

20

$ 1,045,643 183

$ 341,892

15

$ 95,270

29

1522

JOURNAL OF THE SENATE

High Risk Pregnant Women

and Their Infants .........$ 3,910,273

Newborn Follow-Up Care ....$ 284,694

District Dental. ............$ 915,839

Teenage Pregnancy Preventions 250,000

District Crippled Children. ...$ 2,133,187

Mental Retardation Projects ..$ 190,100

Malnutrition ..............$ 26,862,939

Undistributed .............$

--0--

Total. ....................$ 76,545,770

$ 3,836,273

19

$ 284,694

12

$ 898,324

18

$ 250,000

0

$ 1,277,807

33

$

--0--

0

$

--0-

10

$

--0--

0

$ 37,469,320 563

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

3,483,197 183,814 169,246 --0-- 50,300 7,000 760,780 --0-- 164,300 489,807 2,500 2,700
5,313,644 128,750 997,287 942,258
3,245,349 145

Mental Health--Program Direction and Support Functional Budgets

Total Funds

Administration ............$ 2,593,681

Special Projects

and Contracts ............$ 400,600

Program Coordination. ......$ 2,142,275

Central Lab ...............$ 177,088

Undistributed .............$

--0--

Total. ....................$ 5,313,644

State Funds Pos.

$ 1,612,194

63

$

--0--

9

$ 1,633,155

66

$

-0-

7

$

--0--

0

$ 3,245,349 145

9. Purchase of Social Services:

Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

--0-- --0-- --0-- --0-- --0--

FRIDAY, FEBRUARY 26, 1982

1523

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-- 410,000 --0-- --0-- 802,357
171,434 8,695,517
111,202 471,879 124,000 320,286 11,106,675 5,444,114 274,419 5,388,142
0

Purchase of Social Services Functional Budgets

Total Funds

Work Incentive Benefits .....$ 802,357

Grants to Fulton County

for 24-hour Emergency

Social Services ...........$ 171,434

Legal Services .............$ 410,000

AFDC-Family Foster Care. ..$ 2,499,472

AFDC--Institutional

Foster Care ..............$ 806,447

Specialized Foster Care ......$

53,564

Child Welfare-

Family Foster Care ........$ 4,032,118

Adoption Supplement .......$ 220,000

Non-AFDC Institutional

FosterCare. .............$ 242,157

Liability Insurance .........$

15,400

Emergency Shelter Care .....$

84,070

Day Care .................$ 547,960

Psychiatric, Psychological

and Speech Therapy. ......$ 128,064

Maternity Care ............$

59,265

Return of Runaways--County. $

7,000

Homemaker Projects. .......$ 1,027,367

Undistributed .............$

-0-

Total. ....................$ 11,106,675

State Funds Pos.

$ 127,357

0

$ 171,434

0

$ 312,081

0

$ 839,308

0

$ 270,812

0

$ 53,564

0

$ 2,545,326

0

$ 220,000

0

$ 242,157

0

$ 15,400

0

$ 84,070

0

$ 127,960

0

$ 105,564

0

$ 26,057

0

$

7,000

0

$ 240,052

0

$

-0-

0

$ 5,388,142

0

1524

JOURNAL OF THE SENATE

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

715,930 15,000 17,963 --0-- 4,000 --0-- --0-- --0-- 19,000 2,500 --0-- --0-- --0--
774,393 --0-- --0--
774,393 29 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. ........................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

1,057,921 26,029 52,809 --0-- 8,465 --0-- --0-- 3,951 27,865
20,965,352 --0-- 500
22,142,892 1,030,144
19,297,042 1,815,706 41 224

Services to the Aged Functional Budgets

Total Funds

Title XX Adult Services ......$ 4,468,397

Administration and Planning .$ 2,512,140

Nutrition Grants ...........$ 9,426,756

Areawide Grants ...........$ 5,735,599

Undistributed .............$

--0--

Total. ....................$ 22,142,892

State Funds Pos.

$ 711,795

0

$ 416,181

41

$ 437,730

0

$ 250,000

0

$

--0--

0

$ 1,815,706

41

FRIDAY, FEBRUARY 26, 1982

1525

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

1,349,288 88,879 75,579 --0-- 23,185 3,500
433,420 --0--
27,450 268,245
--0-- 2,000 150,000 228,750 2,650,296 --0-- 1,716,460 933,836
54

Vocational Rehabilitation--Program Direction and Support Functional Budgets

Total Funds

Program Direction and

Support. ................$ 1,856,149

Grants Management ........$ 794,147

Undistributed .............$

--0--

Total. ....................$ 2,650,296

State Funds Pos.

$ 541,571

45

$ 392,265

9

$

--0--

0

$ 933,836

54

13. Vocational Rehabilitation-- Facilities Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage ...............................$ Capital Outlay .........................$ Case Services ..........................$ Total Funds Budgeted ...................$

3,027,072 297,321 20,997 40,200 700 29,060 --0-- 127,900 34,050 105,300 58,950 3,825 --0-- --0--
3,745,375

1526

JOURNAL OF THE SENATE

Indirect DOAS Services Funding ...........$ Agency Funds .........................$ Title XX Funds. ........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

--0-- 2,856,331
--0-- 889,044
167 19

Vocational Rehabilitation--Facilities Functional Budgets

Total Funds

Youth Development Center--

V. R. Unit .................$ 327,796

Atlanta Rehabilitation Center ...$ 1,843,334

Alto Rehabilitation Center ......$ 241,397

Cave Spring

Rehabilitation Center ........$ 338,959

Central Rehabilitation Center ...$ 641,290

Georgia Vocational Adjustment

Center--Gracewood .........$ 352,599

Undistributed. ...............$

--0--

Total .......................$ 3,745,375

State Funds

$ 78,104 $ 447,290 $ 60,706

$ 79,146 $ 136,389

$ 87,409

$

--0--

$ 889,044

Pos.
15 76 12
18 27
19 0 167

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

6,678,993 1,224,049
44,143 33,355 15,900 70,465
--0-- --0-- 117,670 581,950 400,000 11,800 25,000 600,000 --0-- 9,803,325 50,000 5,658,085 4,095,240
404 23

FRIDAY, FEBRUARY 26, 1982

1537

Roosevelt Warm Springs Rehabilitation InstituteFunctional Budgets

Total Funds

Administration ............$ 4,044,886

Rehabilitation Services ......$ 4,696,093

Instruction. ...............$ 383,906

Independent Living .........$ 540,684

Research/Training ..........$ 137,756

Undistributed .............$

--0--

Total. ....................$ 9,803,325

State Funds Pos.

$ 2,421,186 128

$ 965,603 234

$ 30,011

16

$ 540,684

21

$ 137,756

5

$

--0--

0

$ 4,095,240 404

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. ..............................$ Capital Outlay .........................$ Case Services ..........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

2,414,514 4,679,177
53,478 153,500
3,200 223,200
--0-- 8,400 23,640 110,000 85,000 5,800 185,040 225,000 8,169,949 7,452,852 717,097
44 14

Georgia Factory for the Blind Functional Budgets

Total Funds

Operations. ...............$ 7,085,040

Supervision ...............$ 357,097

Business Enterprise Vending

Stand Project ............$ 727,812

Undistributed .............$

-0-

Total. ....................$ 8,169,949

State Funds Pos.

$ 185,040

8

$ 357,097

19

$ 174,960

17

$

-0--

0

$ 717,097

44

16. Vocational Rehabilitation--Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

13,711,891 458,940 432,754
--0-- 12,700

1528

JOURNAL OF THE SENATE

Equipment Purchases ...................$ Computer Charges ......................$ RealEstate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$ Contract with Vocational
Rehabilitation Community Facilities ............................$ Contract for Epilepsy. ...................$ Case Services . .........................$ Contract with the Affirmative Industries ...........................$ Cerebral Palsy Contract. .................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

18,500 --0--
611,758 351,300 306,860
65,520 73,105
3,439,970 60,000
11,582,750
100,000 130,000 31,356,048 50,000 21,681,749 9,624,299
694 5

17. Vocational Rehabilitation-- Disability Adjudication Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$ Case Services ..........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

7,744,177
194,137 20,950
--0-- 43,270 78,690 249,527 505,746 405,080 372,342
--0-- 155,000 6,974,732 16,743,651 16,743,651
--0-- 384

18. Public Assistance 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 .............$ SSI-Supplement Benefits .................$

--0-- 400,000
--0-- --0-- --0-- --0-- --0-- --0-- --0-- 60,000

FRIDAY, FEBRUARY 26, 1982

1529

AFDC Benefits .........................$ 169,734,584

Total Funds Budgeted ...................$ 170,194,584

Agency Funds .........................$ 113,101,418

State Funds Budgeted ...................$ 57,093,166

Total Positions Budgeted

0

Public Assistance Functional Budgets

Total Funds

Refugee Benefits ..........$ 400,000

AFDC Payments ..........$ 169,734,584

SSI--Supplement Benefits. ..$

60,000

Undistributed ............$

--0--

Total .-..................$ 170,194,584

State Funds Pos.

$

--0--

0

$57,033,166

0

$ 60,000

0

$

--0--

0

$ 57,093,166

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--
55,267,344
43,878,230 99,145,574 51,024,850
3,589,645 44,531,079
0

Local Services--Community Services and Benefits Payments Functional Budgets

Total Funds

Local Services--

Benefits Payments Grants ..$ 55,267,344

Grants to Counties

for Social Services. ........$ 43,878,230

Undistributed .............$

--0--

Total. ....................$ 99,145,574

State Funds Pos.

$26,050,347

0

$ 18,480,732

0

$

--0--

0

$ 44,531,079

0

1530

JOURNAL OF THE SENATE

20. Family and Children Services-- Program Direction and Support Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage ...............................$ Total Funds Budgeted ...................$ Agency Funds .........................$ Indirect DOAS Services Funding. ..........$ Title XX Funds. ........................$ State Funds Budgeted ...................$ Total Positions Budgeted

7,617,596 301,744 352,755 --0-- 651,835 43,430
3,655,240 181,922 849,503
2,861,936 6,615
275,620 16,798,196 10,050,968
540,180 44,000
6,163,048 343

Family and Children Services--Program Direction and Support Functional Budgets

Total Funds

Director's Office ...........$ 445,313

Research and Demonstration . $ 59,629

Program Planning

and Development. ........$ 876,557

Program Management

andTraining. ............$ 1,729,029

Administration

and Management .........$ 9,435,133

Management Information

Systems. ................$ 928,325

District Program Operations. . $ 2,608,427

District Administration ......$ 715,783

Indirect Cost ..............$

-0-

Undistributed .............$

--0--

Total. ....................$ 16,798,196

State Funds Pos.

$ 445,313

7

$ 59,629

3

$ 876,557

17

$ 1,477,828

61

$ 3,374,529

88

$ 853,325

50

$ 2,608,427

99

$ 715,783

18

$ (4,248,343)

0

$

--0--

0

$ 6,163,048 343

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$

90,590,904 48,518,686
2,976,366 257,310
1,290,585 701,780
6,717,065 4,305,010

FRIDAY, FEBRUARY 26, 1982

1531

Telecommunications ....................$ 3,047,803

Per Diem, Fees and Contracts .............$ 65,071,345

Utilities ..............................$ 766,055

Postage. ..............................$ 1,163,455

Capital Outlay .........................$ 785,040

Grants for Regional Prenatal

and Postnatal Care Programs ............$ 3,879,000

Crippled Children Benefits ...............$ 4,312,625

Kidney Disease Benefits .................$ 550,000

Cancer Control Benefits. .................$ 1,890,000

Benefits for Medically Indigent

High Risk Pregnant Women and

Their Infants .........................$ 3,476,480

Family Planning Benefits. ................$ 301,530

Benefits for Midwifery Program ...........$

175,000

Grants for DeKalb County

Mental Retardation Project. .............$

97,300

Grants for Chatham County

Mental Retardation Project. .............$

92,800

Grant-In-Aid to Counties .................$ 29,856,694

Grant--Savannah Speech

and Hearing Center ...................$

39,947

Work Incentive Benefits .................$ 802,357

Grants to Fulton County for 24-hour

Emergency Social Services ..............$

171,434

Benefits for Child Care ..................$ 9,305,817

Homemaker Meals .....................$ 111,202

Chatham County Homemaker Project ......$ 471,879

Douglas County Homemaker Project .......$ 124,000

Fulton County Homemaker Project. ........$ 320,286

Grants for Nephrology Centers ............$ 228,750

Case Services ..........................$ 18,807,482

E.S.R.P. Case Services ...................$

150,000

SSI-Supplement Benefits .................$

60,000

AFDC Benefits .........................$ 169,734,584

Local Services Benefits

Payments Grants .....................$ 55,267,344

Grants to Counties for Social Services .......$ 43,878,230

Contract with Vocational

Rehabilitation Community

Facilities ............................$ 3,439,970

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program ..................$

100,000

Contract with the

Affirmative Industries .................$

100,000

Institutional Repairs

and Maintenance .....................$ 500,000

Contract with Emory University

for Arthritis Research ..................$

188,850

Grant for Epilepsy Program. ..............$

60,000

Grant to Grady Hospital for

Cystic Fibrosis Program ................$

40,000

Contract for Scoliosis

Screening ...........................$

15,000

1532

JOURNAL OF THE SENATE

Menninger Group Homes ................$ Contract--Georgia
Advocacy Office, Inc. ..................$ Grant for Teenage Pregnancy
Prevention Program ...................$ Contract--Cancer Research
at Emory............................$ Contract -- Macon-Bibb County
Hospital Authority ....................$ Cerebral Palsy Contract. .................$ Grants to Counties for
Metabolic Disorders
Screening and Testing. .................$ Total Positions Budgeted

85,000 215,000 250,000 106,000 1,050,000 130,000
42,800 4,364

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 Public Health -- Local Services Budget not less than $125,000 is committed for continuation of the Community Car diovascular Council Stroke-Screening Program.

Provided that no State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising.

There is hereby appropriated $57,033,166 in State funds for the purpose of making AFDC benefit payments.

Provided that for the last three months of Fiscal 1982, the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6

Standards of Need
$202 306 366 432 494 536

Maximum Monthly Amount
$107 162 194 229 262 284

FRIDAY, FEBRUARY 26, 1982

1533

7

580

307

8

616

326

9

648

343

10

694

368

11

742

393

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 53% of the above stan dard of needs effective April 1, 1982.
Provided, that of the above appropriation, $130,000 is designated and committed to operate the Rome Cerebral Palsy Center.
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, $3,879,000 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 the Public 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 funds above the amounts anticipated in this appropriation shall be used to improve and expand Public Health programs and not to supplant State funds in this appropriation.
Provided that grants of Federal Title V funds above the amounts anticipated in this appropriation shall be used to improve and expand Public 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

1534

JOURNAL OF THE SENATE

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 Resources is authorized to make payments (not to ex ceed $5,000) to the Georgia Building Authority for the purpose 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 deter mined to need support from the State.
Provided further, the Roosevelt Warm Springs In stitute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program.

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. ...............................$

431,400
787,840 45,320 20,100
7,500 1,600 30,000 75,700 21,210 140,000 5,000 1,134,270 --0-- 702,870 431,400
33 0
787,840 45,320 20,100

FRIDAY, FEBRUARY 26, 1982
Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Positions Budgeted Authorized Motor Vehicles

1535
7,500 1,600 30,000 75,700 21,210 140,000 5,000
33 0

C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions. ...............$ 264,306,041

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--
July 1,1981 Total Positions Budgeted--
June 30, 1982 Authorized Motor Vehicles

8,174,080 1,047,928
10,865 31,200
5,200 229,185
89,000 --0--
88,420 217,600 291,500
8,300 387,000
17,234 10,597,512
1,125,325 82,919
9,389,268
492
503 24

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 .............$

10,489,014 1,393,424 16,815 8,000 9,100 114,640 128,000 --0-- 114,500 133,125

1536

JOURNAL OF THE SENATE

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

444,000 10,000 7,000
513,000 13,380,618
1,959,100 116,784
11,304,734 642 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--
July 1, 1981 Total Positions Budgeted--
June 30, 1982 Authorized Motor Vehicles

8,143,132 898,096 14,086 34,350 1,900 21,660 123,000 --0-- 99,300 132,775 354,000 6,900 500,000 106,250
10,435,449 864,300 108,957
9,462,192
498
493 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 .........................$

7,035,211 855,182 13,898 7,750 4,930 29,535 107,000 --0-- 93,000 36,720 370,000 10,700 666,500 500,000

FRIDAY, FEBRUARY 26, 1982

1537

Total Funds Budgeted ...................$
Agency Funds .........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted--
July 1,1981 Total Positions Budgeted--
June 30, 1982 Authorized Motor Vehicles

9,730,426 892,600 89,714
8,748,112
441
434 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

10,009,775 1,090,271 11,646 62,330 1,360 83,720 128,000 --0-- 89,150 36,600 1,003,000 7,000 724,296 883,500
14,130,648 2,673,415
113,803 11,343,430
649 45

6. Gracewood State School and Hospital Budget:
Personal Services ..........,............$ Regular Operating Expenses ..............$ Travel. ..............................,$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage ...............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$

25,759,841 3,117,408 11,475 106,650 6,640 126,695 92,000 --0-- 247,600 115,970 1,350,000 13,200 554,871
31,502,350 11,766,400
132,805 19,603,145

1538

JOURNAL OF THE SENATE

Total Positions Budgeted-- July 1,1981
Total Positions Budgeted-- June 30, 1982
Authorized Motor Vehicles

1,801
1,745 111

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

17,342,240 1,867,065
17,881 50,800 5,300 116,775 136,000
--0-- 133,600 241,490 689,000 14,000 87,766 20,701,917 5,315,500 131,502 15,254,915
1,155 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

14,694,108 2,709,613
12,759 9,350 6,610 74,075 140,000 --0-- 149,800 132,050 957,300 9,350 794,000 35,000 19,724,015 8,301,300 149,063 11,273,652
935 39

9. Georgia Mental Health Institute Budget:
Personal Services .......................$ Regular Operating Expenses ..............$

8,820,845 1,124,782

FRIDAY, FEBRUARY 26, 1982

1539

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

15,121 14,860 5,635 80,790 148,000
--0-- 160,500 626,890 1,251,000
11,900 275,000
8,750 12,544,073
1,195,075 141,386
11,207,612 525 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 1,1981 Total Positions Budgeted--
June 30, 1982 Authorized Motor Vehicles

64,912,363 8,910,913 22,424 147,450 41,850 185,175 564,000 --0-- 440,200 196,400 3,856,000 38,000 786,000 664,000
80,764,775 17,771,295
458,067 62,535,413
4,180
4,162 215

11. State Youth Development Centers Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel..... ...........................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$

11,157,936 1,310,355 8,277 62,420 3,000 171,385 --0--

1540

JOURNAL OF THE SENATE

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

--0-- 98,800 123,840 672,100 18,465 250,000 13,876,578 323,635 13,552,943
710 103

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 .........................$ Reserve for Gwinnett
County RYDC. .......................$ Grants to County-Owned Detention
Centers .............................$ Total Funds Budgeted ...................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

5,850,391 823,835 12,026 27,350 2,700 42,650 --0-- --0-- 56,485 69,800 434,000 8,450 632,500
-0-
1,844,220 9,804,407
226,625 9,577,782
406 41

13. Community Mental Health/ Mental Retardation Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ................... . $ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$ Capital Outlay .........................$

8,541,320 483,388 57,126 --0-- 8,640 2,530 --0-- 102,720 42,590 254,930 27,000 2,900 50,000

FRIDAY, FEBRUARY 26, 1982

1541

Drug Abuse Contracts ...................$ 899,058

Day Care Centers for the

Mentally Retarded ....................$ 41,624,640

MR Day Care Center Motor

Vehicle Purchases. ....................$ 521,625

Developmental Disability

Services Chiefs .......................$ 747,002

Group Homes for the

Mentally Retarded ....................$ 3,490,039

Supportive Living Staff ..................$ 1,113,903

Supportive Living Benefits ...............$ 1,783,610

Georgia State Foster

Grandparent/Senior

Companion Program ..................$ 514,000

Community Residential Services Staff. ......$ 1,588,771

Community Residential

Services. ............................$ 2,606,734

Community Mental Health

Center Services. ......................$ 53,386,771

Project Rescue .........................$ 249,412

Project ARC ...........................$

155,000

Project Friendship ......................$ 209,000

Group Homes for

Autistic Children .....................I 218,332

Uniform Alcoholism Projects .............$ 2,291,132

Total Funds Budgeted ...................$ 120,972,173

Title XX ..............................$ 6,784,665

Agency Funds .........................$ 52,115,335

State Funds Budgeted ...................$ 62,072,173

Total Positions Budgeted

435

Authorized Motor Vehicles

801

Community Mental Health/Mental Retardation Services Functional Budgets

Total Funds

Mental Health Community

Assistance. ..............$ 5,271,124

Outdoor Therapeutic

Program ................$ 685,827

Mental Retardation

Community Assistance ....$ 1,435,359

Central Pharmacy ..........$

98,646

Metro Drug Abuse Centers ...$ 1,043,438

Developmental Disability

Service Chiefs. ...........$ 747,002

Day Care Centers for the

Mentally Retarded ........$ 42,446,519

Supportive Living ..........$ 2,897,513

Group Homes for the

Mentally Retarded ........$ 3,490,039

Georgia State Foster

Grandparent/Senior

Companion Program ......$ 514,000

State Funds Pos.

$ 5,217,274 240

$ 685,827 24

$ 1,435,359 64

$

98,646

3

$ 420,348 47

$ 747,002

0

$ 20,966,596 21

$ 2,897,513

0

$ 3,490,039

0

$ 514,000

0

1542

JOURNAL OF THE SENATE

Community Residential

Services ................$ 4,195,505

Group Homes for

Autistic Children .........$ 218,332

Project Rescue .............$ 249,412

Drug Abuse Contracts .......$ 899,058

Project ARC. ..............$ 155,000

Project Friendship ..........$ 209,000

Community Mental Health

Center Services. ..........$ 54,125,267

Uniform Alcoholism Projects .$ 2,291,132

Undistributed .............$

--0--

Total. ....................$ 120,972,173

$ 2,876,880

0

$ 218,332

0

$ 149,336

0

$ 245,125

0

$ 155,000

0

$ 209,000

0

$ 19,676,464 36

$ 2,069,432

0

$

--0--

0

$ 62,072,173 435

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

7,447,208 599,985 376,657 18,700 3,750 4,950 --0-- 267,190 203,550 --0-- 26,480 17,200 15,000
8,980,670 8,980,670
421 19

Community Youth Services Functional Budgets

Total Funds

Group Homes .............$ 399,746

Community Detention ......$ 804,244

DayCenters. ..............$ 512,840

Community Treatment

Centers .................$ 1,516,975

Court Services .............$ 5,376,655

Runaway Investigations .....$ 307,755

Interstate Compact .........$ 62,455

Undistributed .............$

--0--

Total. ....................$ 8,980,670

State Funds Pos.

$ 399,746

19

$ 804,244

18

$ 512,840

24

$ 1,516,975

82

$ 5,376,655 260

$ 307,755

15

$ 62,455

3

$

--0--

0

$ 8,980,670 421

15. Regular Operating Expense Reserve Budget:
Regular Operating Expense ...............$ Total Funds ...........................$ State Funds. ...........................$

--0-- -0--0--

FRIDAY, FEBRUARY 26, 1982

1543

Budget Unit Object Classes:

Personal Services .......................$ 208,377,464

Regular Operating Expenses ..............$ 26,232,245

Travel. ...............................$ 601,056

Motor Vehicle Equipment Purchases .......$ 581,210

Publications and Printing. ................$ 106,615

Equipment Purchases ...................$ 1,283,765

Computer Charges ......................$ 1,655,000

Real Estate Rentals. ...'..................$ 369,910

Telecommunications ....................$ 2,017,495

Per Diem, Fees and Contracts .............$ 2,318,190

Utilities ..............................$ 11,725,380

Postage. ..............................$ 176,365

Capital Outlay .........................$ 3,637,667

Authority Lease Rentals. .................$ 4,805,000

Grants to County-Owned

Detention Centers. ....................$ 1,844,220

Reserve for Gwinnett

County RYDC. .......................$

-0-

Drug Abuse Contracts ...................$ 899,058

Day Care Centers for the

Mentally Retarded ....................$ 41,624,640

MR Day Care Center Motor

Vehicle Purchases. ....................$ 521,625

Developmental Disability

Services Chiefs .......................$ 747,002

Group Homes for the

Mentally Retarded ....................$ 3,490,039

Supportive LivingStaff ..................$ 1,113,903

Supportive Living Benefits ...............$ 1,783,610

Georgia State Foster

Grandparent/Senior

Companion Program ..................$ 514,000

Community Residential

Services Staff. ........................$ 1,588,771

Community Residential Services. ..........$ 2,606,734

Community Mental Health

Center Services .......................$ 53,386,771

Project Rescue .........................$ 249,412

Project ARC ...........................$

155,000

Project Friendship ......................$ 209,000

Group Homes for

Autistic Children .....................$ 218,332

Uniform Alcoholism Projects .............$ 2,291,132

Child Care Benefits .....................$

15,000

Total Positions Budgeted--

July 1,1981

13,290

Total Positions Budgeted--

June 30, 1982

13,215

Authorized Motor Vehicles

1,543

1544

JOURNAL OF THE SENATE

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 small group living situations or semi-independent living situations for clients; and further 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 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 homeproviders 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, that of the above appropriation relating to Uniform Alcoholism Projects, $250,000 is desig nated and committed for projects at Waycross ($200,000) and Dalton ($50,000).
Provided, however, it is the intent of this General Assembly that no additional Youth Services group

FRIDAY, FEBRUARY 26, 1982

1545

homes or community treatment centers be started with Federal Funds without prior approval by the General Assembly of Georgia.
Provided, further it is the intent of this General Assembly that the Office of Planning and Budget is authorized and directed to amend an additional $100,000 in agency income, if realized, above the amount contemplated in this bill for the purpose of contracting for a comprehensive study of the State Forensic Services needs including physical plant con siderations.

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. ...............................$

9,074,487
540,182 10,900 42,200 --0-- 8,000 710 14,300 --0-- --0-- 1,000
617,292 617,292
23
311,708 5,000 2,000 --0--
48,850 --0-- 3,600 --0-- --0--
18,100 389,258 389,258
14
632,241 75,000 65,500

1546

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Historic Chattahoochee
Commission Contract ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
4. Tourist -- Welcome Centers Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Local Welcome Centers ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
5. Internal Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ 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 ...........$ Georgia World Congress Center Operating Expenses ...................$

--0-- 308,100
4,800 22,900
--0-- --0-- 189,650
40,000 1,338,191 1,239,191
30
1,329,955 358,700 34,830 --0-- 14,000 9,925 --0-- --0-- 10,000 4,450 -095,000
1,856,860 1,772,935
99
589,753 228,950
15,000 10,400 40,000 1,200 7,288 200,000 110,045 16,000 160,000
2,597,500
700,000
25,000 25,000 10,000
--0--

FRIDAY, FEBRUARY 26, 1982

1547

Georgia World Congress Center Marketing Program ...................$
International Council of Georgia, Inc .........................$
Georgia Semiquincentenary Commission .........................$
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 .........................$ Local Welcome Center Contracts ..........$ Advertising ...........................$ Georgia Ports Authority --
Authority Lease Rentals ................$ Georgia Ports Authority --
General Obligation Bond Payments ...........................$ Historic Chattahoochee Commission Contract ..................$

--0--
16,000
20,000 4,772,136 3,263,636
25
500,800 51,200 76,750 --0-- 23,000 2,845 21,000 42,900 22,660 83,020
824,175 824,175
15
968,000 968,000 968,000
0
3,904,639 729,750 236,280 10,400 441,950 19,480 69,088 242,900 142,705 312,220 160,000 --095,000 968,000
2,597,500
700,000
40,000

1548

JOURNAL OF THE SENATE

Atlanta Council for International Visitors ..................$
Waterway Development in Georgia ........$
Georgia Music Week Promotion ...........$ Georgia World Congress Center
Operating Expenses ...................$
Georgia World Congress Center Marketing Program ...................$
International Council of Georgia, Inc .........................$
Georgia Semiquincentenary
Commission .........................$ Total Positions Budgeted
Authorized Motor Vehicles

25,000 25,000 10,000
--0--
--0--
16,000
20,000 206 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

2,686,912 945,147 22,200 --0-- 18,000 30,000 600 --0-- 43,200 874,813
--0-- 4,620,872
--0-- 120

2. Georgia Ports Authority Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ 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 ...............$ Computer Charges. .....................$ Per Diem, Fees and Contracts .............$

20,472,698 6,726,691 371,972
10,728,026 92,400 84,960
258,940
1,679,184 390,720
1,035,540

FRIDAY, FEBRUARY 26, 1982

1549

Other Debt-Service Payments .............$ Capital Reinvestment ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

595,000 --0--
42,436,131 --0-- 750

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 .............$ 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

23,159,610 7,671,838 394,172 --0-- 110,400 30,000 391,320 84,960 302,140 1,910,353
10,728,026
1,679,184 595,000 --0--
--0-- 870 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

1550

JOURNAL OF THE SENATE

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 ..........$ 796,264

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

627,974 28,925 119,024 --0-- 5,000 500 --0-- 7,591 6,500 750 796,264 796,264 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

627,974 28,925 119,024 --0-- 5,000 500 --0-- 7,591 6,500 750 29

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training ..............$

2,342,580

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 ....................$

34,792,741 2,615,738 1,101,861
11,000 21,000 1,015,000 817,500 1,398,131 1,180,000

FRIDAY, FEBRUARY 26, 1982

1551

Per Diem, Fees and Contracts .............$ W.I.N. Grants .........................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,528,830 600,000 --0--
45,081,801 756,165 1,709

2. Comprehensive Employment and Training Act (CETA) Budget:

Personal Services .......................$ 12,880,185

Regular Operating Expenses ..............$ 2,166,270

Travel. ...............................$ 350,000

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$

15,000

Equipment Purchases ...................$ 250,000

Computer Charges. .....................$ 300,000

Real Estate Rentals. .....................$ 595,115

Telecommunications ....................$ 325,000

Per Diem, Fees and Contracts (CETA) .......$ 1,100,000

CETA Direct Benefits. ...................$ 100,000,000

Total Funds Budgeted ...................$ 117,981,570

State Funds Budgeted ...................$

--0--

Total Positions Budgeted

603

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

1,370,658 75,511 46,666 --0-- 100 1,000 2,600 51,280 20,600 18,000
1,586,415 1,586,415
62

Budget Unit Object Classes:

Personal Services .......................$ 49,043,584

Regular Operating Expenses ..............$ 4,857,519

Travel. ...............................$ 1,498,527

Motor Vehicle Equipment Purchases .......$

11,000

Publications and Printing. ................$

36,100

Equipment Purchases ...................$ 1,266,000

Computer Charges. .....................$ 1,120,100

Real Estate Rentals. .....................$ 2,044,526

Telecommunications ....................$ 1,525,600

Per Diem, Fees and Contracts (CETA) .......$ 1,100,000

Per Diem, Fees and Contracts .............$ 1,546,830

W.I.N. Grants .........................$ 600,000

CETA Direct Benefits. ...................$ 100,000,000

1552

JOURNAL OF THE SENATE

Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles
Section 29. Department of Law.
Budget Unit: Department of Law. ...........$
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
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

--0-- 2,374
6
4,082,638
3,547,157 192,006 105,000 7,500 32,000 15,275 14,420 53,000 293,480 81,000 42,000 --0--
4,382,838 4,082,638
116
3,547,157 192,006 105,000 7,500 32,000 15,275 14,420 293,480 81,000 42,000 53,000 -0116 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

FRIDAY, FEBRUARY 26, 1982

1553

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 ............. . $ 185,131,809

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

1,295,367 41,167 58,504 --0-- 10,270 6,360 --0-- 59,068 48,645 22,360 900 16,492
--0-- 1,559,133
742,428
65

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

986,268 79,553 11,021 -- 0-- 18,000 1,500 31,820 77,422 22,558
282,400 202,464
15,456 799,700 2,528,162 968,014
46

3. Program Management Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

1,857,304 89,674 49,749

1554

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...............................$ Utilities ..............................$ Contract with Georgia Medical
Care Foundation......................$ Total Funds Budgeted ...................$
State Funds Budgeted ...................$ Total Positions Budgeted

-- 0-- 36,204 10,560 16,776 96,134 65,665 6,789,882
--0-- 19,406
--0-- 9,031,354 1,376,879
116

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 DO AS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,802,151 204,157 4,698 --0-- 114,425 2,404
7,587,300 95,611 77,992 --0--
667,888 27,246 10,583,872 1,000,000 7,885,744 1,698,128
114

5. Benefits Payments Budget:

Medicaid Benefits ......................$ 571,057,800

Payments to Counties

for Mental Health .....................$ 8,650,000

Total Funds Budgeted ...................$ 579,707,800

State Funds Budgeted ...................$ 180,346,360

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 ....................$

5,941,090 414,551 123,972 --0-- 178,899 20,824
7,635,896 328,235 214,860

FRIDAY, FEBRUARY 26, 1982

1555

Per Diem, Fees and Contracts .............$ 7,094,642

Postage. ..............................$ 871,252

Utilities ..............................$

78,600

Medicaid Benefits ......................$ 571,057,800

Payments to Counties for

Mental Health. .......................$ 8,650,000

Audits Contracts .......................$ 799,700

Contract with Georgia

Medical Care Foundation ...............$

--0--

Total Positions Budgeted

341

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.

Provided, further, that the Department is autho rized to procure additional or new office facilities.

Provided, however, that the Board of Medical Assistance is authorized to adjust the pharmacy reim bursement rate.

Provided, however, that the Department of Medical Assistance is authorized to pay, from the above amounts appropriated, Fiscal Year 1981
Medicaid claims. Further, the Department of Medical Assistance is authorized to pay, from the above amounts appropriated, claims by the Federal Govern ment for Federal payment of Fiscal Year 1981 benefits in such fashion as may be prescribed by the United States Department of Health and Human Services.

Section 31. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments .......$
1. Applicant Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

4,477,084
815,249 17,160 10,273 --0--

1556

JOURNAL OF THE SENATE

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
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

52,500 1,810
435,531 785
14,300 1,500
90,300 1,439,408 1,424,244
41
453,108 5,450 2,466 --0-- 7,000 200
166,743 --0-- 5,500 1,000 2,880
644,347 635,949
20
292,965 12,701 1,027 --0-- 500 36,148
216,895 --0-- 4,100 --0-- 1,000
565,336 560,010
14

4. Employee Training and Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

546,564 23,680 22,767 --0-- 26,000 2,686

FRIDAY, FEBRUARY 26, 1982

1557

Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ Agency Assessments ....................$ Total Positions Budgeted

16,544 --0-- 8,925
109,308 4,400
760,874 753,114
26

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

434,048 10,770 3,595 --0-- 6,800 1,900
417,939 24,210 35,975
4,006,996 30,300
4,972,533
--0--
4,972,533 24

6. Health Insurance Claims Budget:

Personal Services .......................$

--0--

Regular Operating Expenses ..............$

--0--

Travel. ...............................$

--0--

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$

--0--

Equipment Purchases ...................$

--0--

Computer Charges ......................$

--0--

Real Estate Rentals. .....................$

--0--

Telecommunications ....................$

--0--

Per Diem, Fees and Contracts .............$ 3,243,551

Postage. ..............................$

--0--

Health Insurance Claims .................$ 113,620,000

Total Funds Budgeted ...................$ 116,863,551

Other Health Insurance Agency Funds ......$

--0--

Employer and Employee Contributions .....$ 116,863,551

Total Positions Budgeted

0

7. Internal Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

660,288 13,840 5,124 --0-- 8,000

1558

JOURNAL OF THE SENATE

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

1,300 53,611
--0-- 11,500 8,510 3,260
335,400 1,100,833
596,890 124,000 20,925
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

278,634 9,718 9,200 --0-- 14,000 950 --0--
178,951 4,700 50,000 3,300
549,453 506,877
8

Budget Unit Object Classes:

Personal Services .......................$ 3,480,856

Regular Operating Expenses ..............$

93,319

Travel. ...............................$

54,452

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$ 114,800

Equipment Purchases ...................$

44,994

Computer Charges ......................$ 1,307,263

Real Estate Rentals. .....................$ 203,946

Telecommunications ....................$

85,000

Per Diem, Fees and Contracts .............$ 7,420,865

Postage ...............................$

135,440

Federal Sub-grants to

State and Local Agencies ...............$ 335,400

Health Insurance Claim Payments .........$ 113,620,000

Total Positions Budgeted

166

Authorized Motor Vehicles

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

FRIDAY, FEBRUARY 26, 1982

1559

Salary Index, before the assignment of Required Local Effort.
Provided, however, that the Department is autho rized to use funds, appropriated above for Personnel Services, to upgrade positions in the Classification and Compensation, Applicant Services, Employee Training and Development, and Health Insurance Administra tion Divisions.

Section 32. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources. $ 48,558,064

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

1,875,195 179,503 21,220 --0-- 192,225 13,550 163,617 150,172 67,347 72,195 95,117 75,000
2,905,141
55,000 2,850,141
83

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 .........................$

10,949,175 3,200,957
94,578 833,365 106,170 735,745 67,142 41,317 210,114 83,919
60,157
13,000
1,006,970 125,000

1560

JOURNAL OF THE SENATE

Grants to Local Governments .............$ Capital Outlay--Heritage
Trust--Wildlife Management Area Land Acquisition ................ . $ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0--
339,000 17,866,609 15,079,354
482

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 ..............$ Capital Outlay -- User Fee
Enhancements .......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

8,045,850 3,490,742
100,323 170,482 113,818 202,622
10,000 107,742 228,439 222,490 63,906 1,875,924 2,050,422 300,000 750,000 1,526,000 6,000,000 415,000
-0-- 186,000 50,000
1,054,000 26,963,760 13,402,595
394

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 .................$

8,508,849 653,815 288,298 21,785 72,500 52,065 142,000 419,222 161,102 691,221 92,137
1,500,000 6,000,000

FRIDAY, FEBRUARY 26, 1982

1561

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

227,670
125,000 18,955,664 15,689,134
345

5. 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 .....................$ Capital Outlay -- Buoy
Maintenance .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

738,087 224,850
19,574 14,100 27,240 47,731 13,560
--0-- 23,201
6,350 15,405
--0--
3,770
9,750 1,143,618 1,008,583
29

6. 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

405,574
122,683 528,257 528,257
0

7. 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

1562

JOURNAL OF THE SENATE

8. Stone Mountain Memorial Association Budget:
Payments to Stone Mountain Memorial Association. .................$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- --0-- --0--
0

Budget Unit Object Classes:
Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications 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. ..........$ Grants to Local Governments .............$ Georgia Sports Hall of Fame ..............$

30,117,156 7,749,867 523,993 1,039,732 511,953 1,051,713 396,319 718,453 690,203 1,076,175 326,722 6,000,000 415,000
--0-- 6,000,000 1,500,000
227,670
125,000 13,000 2,000,924
3,061,162 300,000 75,000
1,526,000 750,000
405,574
122,683
--0--
--0-- 186,000
--0-- 50,000

FRIDAY, FEBRUARY 26, 1982

1563

Capital Outlay--Heritage Trust--Wildlife Management Area Land Acquisition .................$
Payments to Stone Mountain Memorial Association. .................$
Capital Outlay -- User Fee Enhancements .......................$
Capital Outlay -- Buoy Maintenance .........................$
Total Positions Budgeted Authorized Motor Vehicles

339,000
--0--
1,054,000
9,750 1,333 1,015

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 to counties and municipalities for emergency type projects, and that $5,000,000 is designated and committed for grants to local govern ments for water and sewer projects utilizing a max imum State match of 50% of the total cost of each proj ect. Provided, further that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.

Provided that to the extent State Parks and 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 critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.

Provided further, it is the intent of this General Assembly that a two paygrade increase (step-for-step adjustment -- 10%) be authorized for the following classes: Wildlife Biologist; Wildlife Biologist, Senior; Wildlife Program Regional Supervisor; Wildlife Pro gram, Assistant State Supervisor; Wildlife Program, State Supervisor; Conservation Major; Assistant Chief of Law Enforcement (DNR); Chief of Law Enforcement (DNR).

B. Budget Unit: Authorities ..........................$

--0--

1. Lake Lanier Islands Development Authority Budget:
Personal Services .......................$

1,514,473

1564

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 .............$ 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 and
Transportation Systems ................$ Promotion Expenses ....................$ Payments to the Department
of Natural Resources ..................$ 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 ...............$

538,099 5,680 --0--
40,300 61,100
--0-- --0-- 34,895 24,000 245,366 --0-- --0-- 2,463,913 --0--
63
2,206,609 1,551,810
16,345 139,000 26,086 68,500
9,091 --0-- 30,177 61,894 --0--
38,150 --0--
30,000 4,177,662
--0-- 155
3,721,082 2,089,909
22,025 139,000 66,386 129,600
9,091 --0-- 65,072 85,894 245,366 --0-- --0--

FRIDAY, FEBRUARY 26, 1982
Payments to the Department of Natural Resources ..................$
Mortgage Payments .....................$ Capital Outlay and
Transportation Systems ................$ 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.

1555
30,000 --0--
38,150 218 91

Section 33. Department of Offender Rehabilitation.

A. Budget Unit: Department of Offender Rehabilitation ........................$ 119,225,815

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

3,067,130 229,630 57,465 --0-- --0-- 14,200 554,288 225,000 147,068 456,483 --0--
4,751,264 4,751,264
141

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

1,203,247 114,088 650 --0-- --0-- 10,000 --0-- --0-- 16,750 --0-- 93,200
1,437,935 1,437,935
65

1566

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 ..............................$ Central Repair Fund ....................$ Capital Outlay .........................$ Health Service Purchases. ................$ 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 .............$ Central Repair Fund ....................$ Utilities ..............................$ Health Service Purchases. ................$

4,414,607 552,042 6,500 --0-- 1,500 74,739 --0-- 30 36,324 1,800 380,000 30,000 60,000 14,691
5,572,233 5,572,233
296
1,233,153 71,090 2,300 --0-- --0-- 6,500 --0-- --0-- 3,900 --0-- --0--
1,316,943 1,072,743
51
4,371,696 610,888 2,200 --0-- --0-- 41,217 --0-- --0-- 35,300 3,300 40,647 432,200 11,753

FRIDAY, FEBRUARY 26, 1982

1567

Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

5,549,201 5,549,201
276

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

9,489,893 756,402 7,250 --0-- --0-- 94,370 --0-- --0-- 58,700 53,200 975,000 --0--
11,434,815 11,402,815
670

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

3,622,988 383,438 5,300 --0-- --0-- 35,375 --0-- --0-- 40,000 10,230 275,000
4,372,331 4,210,011
212

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

1,794,654 158,122 2,000 --0-- --0-- 10,000 --0-- --0-- 19,400 --0-- 175,000
2,159,176 2,159,176
117

1568

JOURNAL OF THE SENATE

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 ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,078,398 129,324 1,200 --0-- --0-- 1,950 --0-- --0-- 12,000 2,600 105,000 --0--
1,330,472 1,330,472
59
1,050,383 156,431 2,000 --0-- --0-- 6,000 --0-- --0-- 16,700 --0-- 104,000
1,335,514 1,335,514
62
1,756,969 94,724 --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
1,851,693 1,851,693
108

FRIDAY, FEBRUARY 26, 1982

1569

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. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,395,878 199,819 1,500 --0-- --0-- 9,265 -- 0-- --0-- 12,000 --0-- 209,000
2,827,462 2,827,462
140
3,888,225 483,157 4,200 --0-- --0-- 39,836 --0-- 3,960 72,642 --0-- 189,000
373,065 5,054,085 5,054,085
239
2,123,702 192,088 2,000 --0-- --0-- 1,500 --0-- --0-- 13,000 --0-- 180,000
2,512,290 2,512,290
135

1570

JOURNAL OF THE SENATE

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 .............$ Health Service Purchases. ................$ Utilities ..............................$ Central Repair Fund ....................$ 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 .............$ Health Service Purchases. ................$

1,573,739 88,723 --0-- -- 0-- -- 0-- --0-- --0-- --0-- --0-- --0-- -0-
--0-- 1,662,462 1,662,462
97
2,241,716 295,619 3,000 --0-- --0-- 33,795 --0-- 8,424 14,000 --0-- 35,259 195,000 122,300
2,949,113 2,949,113
179
2,268,923 241,912 6,846 --0-- 1,650 104,450 --0-- 4,800 14,000 --0-- 21,267

FRIDAY, FEBRUARY 26, 1982

1571

Utilities ..............................$ Central Repair Fund ....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

195,000 27,300 2,886,148 2,816,148
182

18. Adult Facilities and Programs Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel.. ..............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,377,376 137,250 52,735 95,000 --0-- 54,174 --0-- 2,100 21,135 71,200 -0-
2,810,970 2,810,970
123

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. .................$ Minimum Security Facilities
Renovation ..........................$ Court Costs ...........................$ Inmate Release Funds ...................$ County Subsidy ........................$ County Subsidy for Jails. .................$ Central Repair Fund ....................$ County Subsidy -- Hall
County Expansion ....................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

100,796 1,233,042
53,706 269,000 139,000
22,175 --0-- --0--
139,809 --0--
600,000 840,000
500,000 490,000 626,200 4,653,750 912,500 700,000
80,500 4,590,000 15,950,478 15,785,478
3

1572

JOURNAL OF THE SENATE

20. Training and Staff Development Center Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
21. D.O.T. Work Details Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
22. Food Processing and Distribution Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Payments to Central State
Hospital for Meals ....................$ Payments to Central State
Hospital for Utilities ...................$ Total Funds Budgeted ...................$

625,998 162,858 137,209
--0-- 660
12,360 --0--
33,000 12,000
--0-- 21,900 1,005,985 1,005,985
32
400,000 10,577 --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
410,577 --0-- 26
2,252,468 3,705,951
4,200 --0-- --0-- 154,600 --0-- --0-- 8,000 50,000 --0-- -0--
1,433,020
40,600 7,648,839

FRIDAY, FEBRUARY 26, 1982

1573

State Funds Budgeted ...................$ Total Positions Budgeted
23. Farm Operations Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
24. Dodge 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

7,306,551 154
579,885 2,932,884
--0-- -- 0-- --0-- 46,265 --0-- --0-- --0-- 27,800 -0-- --0-- 3,586,834 3,556,834
33
56,500 383,285
5,700 85,000
--0-- 669,515
--0-- --0-- 10,000 --0-- --0180,000 1,390,000 1,390,000
52

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 ...................$

2,010,383 187,953 7,000 --0-- --0-- 12,000 --0-- 359,920 30,200 5,832 206,000 --0--
2,819,288

1574

JOURNAL OF THE SENATE

State Funds Budgeted ...................$ 2,819,288

Total Positions Budgeted

119

26. Augusta Correctional and Medical 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 .............$ Capital Outlay .........................$ Utilities ..............................$ Health Service Purchases. ................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

125,348 448,303
4,062 116,000
--0-- 891,696
--0-- 17,440 30,000
--0-- 217,000
50,000 100,151 2,000,000 2,000,000
72

27. Health Care Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges...................... Real Estate Rentals. ..................... Telecommunications.................... Per Diem, Fees and Contracts ............. Utilities .............................. Health Service Purchases. ................ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,736,680 653,064 --0-- --0-- --0-- 108,825 --0-- --0-- --0-- 34,768 --0-
5,894,048 9,427,385 9,427,385
145

28. 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 ..............................$

10,845,716 317,906 235,000 --0-- --0-- 30,000 --0-- 213,000 165,000 8,000 5,000

FRIDAY, FEBRUARY 26, 1982

1575

Total Funds Budgeted ...................$ 11,819,622

State Funds Budgeted ...................$ 11,819,622

Total Positions Budgeted

587

29. 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

2,607,894 194,994 16,700 --0-- --0-- 14,400 --0-- 248,272 39,300 14,000 154,000
3,289,560 2,809,085
157

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 ...................$ Minimum Security Facilities
Renovation ..........................$ Court Costs ...........................$ Inmate Release Funds ...................$ County Subsidy ........................$ County Subsidy -- Hall
County Expansion ....................$ County Subsidy for Jails. .................$ Health Service Purchases. ................$ Central Repair Fund ....................$ Authority Lease Rentals. .................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

72,294,345 15,125,564
620,723 565,000 142,810 2,499,207 554,288 1,115,946 967,228 739,213 4,544,300
1,433,020
413,665
500,000 490,000 626,200 4,653,750
80,500 912,500 6,077,169 920,247 840,000 5,047,000
4,532 488

It is the intent of this General Assembly that, with respect to the Legal Services Program for inmates,

1576

JOURNAL OF THE SENATE

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.
Provided, that the Department is hereby autho rized to utilize $20,000 in available funds for a study of the potential utilization of the Atlanta Federal Peniten tiary.
Provided, that the Department is hereby autho rized to redirect $390,000 from funds available to the Georgia Building Authority (Penal) for cell hardening in the L and M Buildings at Georgia State Prison.

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. ....................$ TotalFundsBudgeted ...................$ 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 ....................$

5,220,161
4,585,526 102,029 215,821 --0-- 12,500 23,250 5,000 121,542 106,293 11,000 37,200
5,220,161 5,220,161
237
4,585,526 102,029 215,821 --0-- 12,500 23,250 5,000 121,542 106,293

FRIDAY, FEBRUARY 26, 1982

1577

Per Diem, Fees and Contracts .............$ County Jail Subsidy .....................$ Total Positions Budgeted Authorized Motor Vehicles

11,000 37,200
237 2

C. Budget Unit: Georgia Correctional Industries ...........................$

--0--

Georgia Correctional Industries Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Cost of Sales ...........................$ Repayment of Prior Year's Appropriations... $ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,406,407 511,000 33,000 86,000 2,000 108,000 1,800 22,500 38,000 100,000
5,320,000 84,000 140,000
7,852,707 --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

1,406,407 511,000 33,000 86,000 2,000 108,000 1,800 22,500 38,000 100,000
5,320,000 84,000 140,000 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 .......$

46,590,504
378,749 24,720 17,850
--0--

1578

JOURNAL OF THE SENATE

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. 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

5,500 15,550 10,780 30,071 15,000 50,000 4,500 552,720 125,680
14
3,530,466 1,527,183
101,787 9,500
173,141 140,515 33,517
--0-- 163,950 83,440 33,300 5,796,799
--0-- 5,565,931
180

3. Driver 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. ..............................$ Conviction Reports .....................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

4,998,940 166,544 4,200 --0-- 796,100 62,560
1,417,522 6,198 73,793 4,500
563,215 180,000
--0-- 8,273,572 1,095,000 7,178,572
308

4. Field Operations Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

23,205,684 3,800,467
18,400

FRIDAY, FEBRUARY 26, 1982

1579

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 ................... Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

2,080,000 214,800 --0-- 517,777 1,896 551,100 7,900 34,800 --0--
30,432,824 405,000
30,027,824 969

5. Georgia Peace Officer 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

611,236 1,623,316
26,200 6,500 19,706 3,250
45,738 39,250 19,600 30,291 4,300 2,429,387 2,338,020
25

6. Police Academy:
Personal Services .......................$ Regular Operating Expenses .............. Travel. ............................... Motor Vehicle Equipment Purchases ....... Publications and Printing. ................ Equipment Purchases ................... Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

423,869 119,680
6,300 --0-- 13,200 2,868
150 --0-- 9,125 116,960 2,480
694,632 671,533
16

7. Fire Academy:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

262,647 40,030 11,000 --0--

1580

JOURNAL OF THE SENATE

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. 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
9. 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
10. Georgia Public Safety Training Facility Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

2,800 3,400 --0-- 15,182 8,500 86,655 4,000 434,214 400,559
12
106,825 8,830 8,700 --0-- 2,063 2,000 --0-- 3,000 3,000 2,500 900
137,818 137,818
4
103,694 15,962 10,000 --0-- 1,700 --0-- --0-- --0-- 2,250 18,840 1,000
153,446 94,696
3
51,736 1,000
13,660 --0-- --0--

FRIDAY, FEBRUARY 26, 1982

1581

Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

7,000 --0-- --0-- 1,000 26,099 --0-- 100,495 49,871
2 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 ...............$

33,673,846 7,327,732 218,097 2,096,000 1,229,010 237,143 2,025,484 95,597 847,318 427,185 648,495 180,000 --0-- 1,533 1,048

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

1582

JOURNAL OF THE SENATE

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 No vember 1 of each year. Provided, further, the Depart ment of Administrative Services is hereby instructed to complete said specifications and place to bid for the let ting of contracts by December 1 of such fiscal year.

Section 35. Public School Employees' Retirement System.

Budget Unit: Public School Employees' Retirement System ....................$ 11,374,727

Departmental Operations Budget:
Payments to Employees' Retirement System ....................$
Employer Contributions .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

156,627 11,218,100 11,374,727 11,374,727

Budget Unit Object Classes:
Payments to Employees' Retirement System ....................$
Employer Contributions .................$

156,627 11,218,100

Section 36. Public Service Commission.

Budget Unit: Public Service Commission .........................$ 3,520,206

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

700,664 16,824 8,500 --0-- 1,150 4,875 --0-- 64,275 24,445 6,000
826,733 825,233
23

2. Transportation Budget: Personal Services .......................$

969,975

FRIDAY, FEBRUARY 26, 1982

1583

Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Utilities Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases ....... Publications and Printing................. Equipment Purchases ................... Computer Charges. ..................... Real Estate Rentals. ..................... Telecommunications.................... Per Diem, Fees and Contracts ............. Total Positions Budgeted Authorized Motor Vehicles

126,660 33,479
-- 0-- 8,500 2,625 --0-- 55,221 19,500 14,775 1,230,735 1,230,735
48
1,199,944 52,260 72,731 6,250 2,111 2,450 15,924 42,005 32,700 114,014
1,540,389 1,464,238
53
2,870,583 195,744 114,710 6,250 11,761 9,950 15,924 161,501 76,645 134,789 124 26

Section 37. Regents, University System of Georgia.
A. Budget. Unit: Resident Instruction and University System Institutions . . . .$ 513,253,564
1. Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs. ............$ 383,109,662 Sponsored Operations .................$ 55,925,817

1584

JOURNAL OF THE SENATE

Operating Expenses:
Educ., Gen., and Dept. Svcs. ............$ 99,429,271 Sponsored Operations .................$ 43,878,947 Office of Minority Business Enterprise ...................$ 183,763 Special Desegregation Programs ...........$ 250,000 Satellite Medical Facility
Program ............................$ 500,000 Teachers' Retirement. ...................$ 45,213,478 Authority Lease Rentals. .................$ 20,877,000
Capital Outlay .........................$ 19,004,005 Total Funds Budgeted ...................$ 668,371,943

Less Agency Funds:

Departmental Income ...................$ 13,729,954

Sponsored Income ......................$ 105,867,042

Other Funds. ..........................$ 101,414,107

Auxiliary Income . ......................$ 5,121,983

Indirect Communication Charges ..........$ 3,027,300

State Funds Budgeted ...................$ 439,211,557

Total Positions Budgeted

16,481

Provided, that from appropriated funds in A, the amount of $20,877,000 in F.Y. 1982 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

FRIDAY, FEBRUARY 26, 1982
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.
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, $3,000,000 is specifically appropriated for renovations and improvements of physical plant facilities.
Provided, further, it is the intent of this General Assembly that the 1 Vz % Personal Services continua tion factor incorporated into the Resident Instruction appropriation in this Appropriations Act be utilized to provide 2 Vz % merit-type increases.
Provided, the State Board of Regents shall be per mitted to use available surplus from the Resident In struction Budget Unit for Capital Outlay and Equip ment Purchases only.
2. Marine Resources Extension Center Budget:
Personal Services: Educ., Gen., and Dept. Svcs. ............$ 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

1585
538,476 --0--
273,020 9,623
821,119 --0-- 9,623
117,869 9,800
683,827 26

1586

JOURNAL OF THE SENATE

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 ...................$

707,943 672,800
519,300 869,200 2,769,243

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$
Other Funds...........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$
Total Positions Budgeted

--0-- 1,542,000
316,381 --0--
910,862 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 ...................$

332,009 196,000
176,200 154,000 858,209

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$
Other Funds...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 350,000
10,516 --0--
497,693 20

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 ...................$

8,191,149 19,736,235
6,345,900 16,165,006
396,801 50,835,091

FRIDAY, FEBRUARY 26, 1982

1587

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

-- 0-- 35,901,241
9,887,145 117,600
4,929,105 310

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 ...................$

924,387 35,000
470,675 15,000
358,555 1,803,617

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ........'..................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 50,000 843,017 12,200 898,400
36

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 ...................$

17,186,793 3,575,000
7,217,100 1,925,000
--0-- 29,903,893

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 5,500,000 6,180,600
95,900 18,127,393
848

1588

JOURNAL OF THE SENATE

8. Cooperative Extension Service Budget:
Personal Services: Education, General and Departmental Services ...............$ Sponsored Operations .................$
Operating Expenses: Education, General and Departmental Services ...............$ Sponsored Operations .................$
Total Funds Budgeted ...................$

19,681,551 4,590,000
2,971,900 2,010,000 29,253,451

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 6,600,000 4,875,500
126,700 17,651,251
951

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 ...................$

38,200,582 2,377,513
16,893,220 611,238
2,500,000 60,582,553

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$
Other Funds. ..........................$ Board of Corrections ....................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

837,201 2,988,751 31,083,198 1,647,000
193,500 23,832,903
2,785

10. Veterinary Medicine Experiment Station Budget:
Personal Services: Education, General and Departmental Services ...............$ Sponsored Operations .................$
Operating Expenses: Education, General and Departmental Services ...............$

730,000 --0--
353,550

FRIDAY, FEBRUARY 26, 1982

1589

Sponsored Operations .................$ Agricultural Research ...................$ Disease Research .......................$ Fire Ant Research ......................$ Total Funds Budgeted ...................$
Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted
11. Veterinary Medicine Teaching Hospital 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
12. 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
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-

--0-- 300,000
70,000 150,000 1,603,550
--0-- --0-- --0-- --0-- 1,603,550
30
658,697 --0--
742,668 --0--
1,401,365
--0-- --0-- 1,050,000 --0-- 351,365
60
106,426
118,360
1,880,000 1,785,000
225,000 135,000 4,249,786 4,249,786
4

1590

JOURNAL OF THE SENATE

ticipating in the program shall receive $500 and each family physician shall receive $500.
13. Georgia Radiation Therapy Center Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ 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

503,171 --0--
147,000 --0--
650,171
--0-- --0-- 344,299 --0-- 305,872
32

Budget Unit Object Classes:

Personal Services:

Education, General and

Departmental Services ...............$ 470,870,846

Sponsored Operations .................$ 87,108,365

Operating Expenses:

Education, General and

Departmental Services ...............$ 135,658,164

Sponsored Operations .................$ 65,638,014

Office of Minority

Business Enterprise ...................$ 183,763

Special Desegregation Programs ...........$ 250,000

Satellite Medical Facility

Program ............................$ 500,000

Fire Ant Research ......................$ 150,000

Agricultural Research ...................$ 696,801

Disease Research .......................$

70,000

Advanced Technology

Development Center ..................$ 358,555

Capitation Contracts for

Family Practice Residency ..............$ 1,880,000

New Program Development

Contracts for Family

RePsri- adcetn- iccey-RCea-spiidt-eanti- coyn - .G.r.- a.n.t.s.. .............$- 1,272855,,000000

Student Preceptorships .

135,000

Teachers' Retirement. . .

45,213,478

Authority Lease Rentals.

20,877,000

Capital Outlay -- ETMH Renovations.

2,500,000

Capital Outlay .........................$ 19,004,005

Total Positions Budgeted

21,616

FRIDAY, FEBRUARY 26, 1982

1591

Provided, that none of the funds appropriated for Fire Ant Research shall be expended unless matching funds are provided by the U.S.D.A.

B. Budget Unit: Regents Central Office ........$
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 ......................$ Central Savannah River Area
Business League ......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

14,675,060
2,661,480 675,200
3,776,700 510,000 500,000 200,000
6,136,680
190,000
25,000 14,675,060 14,675,060
98

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 ......................$ Central Savannah River Area
Business League ......................$ Total Positions Budgeted Authorized Motor Vehicles

2,661,480 675,200
3,776,700 510,000 500,000 200,000
6,136,680
190,000
25,000 98 0

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $772 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.

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... .............................$

33,251,339
966,530 573,000 126,396
16,753

1592

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 ...................$ Indirect Georgia Building
Authority Rents ......................$ State Funds Budgeted ...................$ Total Positions Bdgeted
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

8,400 16,000 2,730 12,000
--0-- 20,800
5,000 100
1,747,709
--0-- 1,747,709
33
4,230,118 199,810 5,921 --0-- 257,100 36,543
1,913,697 --0--
83,700 --0--
2,000,000 387,500 --0--
9,114,389 1,050,000 8,064,389
256

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $2,000,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the pro duction of at least 1,960,000 motor vehicle tags, and for this purpose only.
Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production.
3. Property Tax Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

1,179,417 57,958 72,396 21,800 88,000 1,800

FRIDAY, FEBRUARY 26, 1982

1593

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. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$

330,249 --0--
20,500 206,500
--0--
1,430,000
--0-- 11,000 3,419,620
--0-- 250,000 3,169,620
62
1,385,053 17,030 3,201 --0-- 68,000 4,250
556,150 --0--
25,280 --0--
85,200 2,144,164
305,000 1,839,164
85
050,479 5,580 2,082 --0--
52,000 1,850
240,591 --0--
13,300 --0--

1594

JOURNAL OF THE SENATE

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. ..............................$ Total Funds Budgeted ...................$

--0-- 965,882 100,000 865,882
37
2,360,518 40,890 3,147 --0-- 325,000 10,250
2,056,494 --0--
39,450 --0--
251,800 5,087,549 1,500,000 3,587,549
126
2,361,352 11,376
419,350 --0-- 2,500 2,500
13,500 9,750 17,200 --0--
50 2,837,578 2,837,578
82
6,120,446 197,750 309,290 36,573 66,500 25,590 79,734 161,760 167,600 --0-- 60,541
7,225,784

FRIDAY, FEBRUARY 26, 1982

1595

Indirect DOAS Services Funding ...........$

50,000

State Funds Budgeted ...................$ 7,175,784

Total Positions Budgeted

307

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

1,235,537 142,780 1,196 --0-- 300,000 132,050 65,642 814,679 13,780 --0--
1,258,000 3,963,664
--0-- 3,963,664
69

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

20,489,450
573,000 799,570 833,336 66,773 1,175,100 217,563 5,268,057 986,189 401,610 211,500
--0-- 1,430,000 2,000,000
387,500 --0--
1,666,691 1,057 60

Section 39. Secretary of State.

A. Budget Unit: Secretary of State .............$ 1. Occupational Certification Budget: Personal Services .......................$

12,263,100 2,636,786

1596

JOURNAL OF THE SENATE

Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

822,921 115,172 36,000 104,216 23,283 277,458 201,136 68,940 345,785 4,631,697 4,631,149
136

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. ......$ PestControl. ..............$ Pharmacy. ................$ Physical Therapy. ..........$ Podiatry. .................$ Polygraph Examiners .......$ Practical Nursing. ..........$ Private Detective ...........$ Psychologists. .............$ Recreation ................$ Sanitarian. ................$ Speech Pathology ..........$ Used Car Dealers. ..........$ Used Car Parts. ............$

Board Costs
119,185 26,777
1,032 4,279 12,889 5,983 54,769 27,582 38,642 53,173 4,070 13,841 4,748 4,020 3,850 1,470
--0-- 143,889
11,509 111,446
5,203 6,365 1,126 8,145 46,245 12,955 1,919
713 58,268
--0-- 19,428 3,366 4,256 4,969 10,451
-0-

Cost of

Operations

$ 219,987

$ 90,210

$

1,647

$ 28,435

$ 188,473

$ 36,343

$ 211,957

$ 631,368

$ 194,365

$ 272,000

$ 23,043

$ 116,839

$ 17,745

$ 27,818

$ 15,037

$ 15,641

$

--0--

$ 698,255

$ 28,763

$ 630,477

$ 26,788

$ 32,068

$

5,491

$ 72,764

$ 293,625

$ 31,087

$ 13,604

$ 12,755

$ 315,837

$ 193,836

$ 50,156

$ 17,603

$ 18,668

$ 18,619

$ 175,141

$

6,857

FRIDAY, FEBRUARY 26, 1982

1597

Veterinary ................$ Wastewater ...............$ Well Water ...............$ Administration ............$ Investigative ..............$ Total. ....................$

20,205 7,434 2,884 --0-- --0--
857,086

$ 67,270

$ 51,214

$

9,439

$

--0--

$

--0--

$ 4,861,225

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

421,611 29,550 8,265 --0-- 3,500 1,120 17,366 17,290 9,878 2,000 510,580
505,070 19

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

496,923 20,894 2,982 --0-- 19,320 1,800 118,508 54,420 40,200 --0-- 38,300 793,347 793,347 31

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

405,894 33,175 23,714 --0--300 1,400 --0-- 5,782 5,000 2,500
477,765 477,765
15

1598

JOURNAL OF THE SENATE

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 .............$

Capital Outlay .........................$

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 .............$ Postage ...............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

8. State Campaign and Financial Disclosure Commission Budget:
Personal Services .......................$ Regular Operating Expenses ............. . $

1,848,535 198,783 41,251 8,000 18,015 46,750 15,000 28,707 39,426 6,266 --0--
1,276,000 3,526,733 3,376,699
93
546,088 48,612
2,257 --0-- 112,974 2,233 --0-- 6,085 13,156 1,860 733,265 729,538
29
784,673 47,953
4,624 --0-- 100,000 1,100 6,000 21,239 26,839 1,000 29,000 1,022,428 1,022,428
35
73,571 9,955

FRIDAY, FEBRUARY 26, 1982

1599

Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications 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. ..............................$ Capital Outlay .........................$ Authority Lease Rentals. .................$ Total Positions Budgeted Authorized Motor Vehicles

3,230 --0-- 9,000 --0-- --0-- 9,492 3,600 5,637 114,485 114,485
3
177,881 20,955
2,259 --0-- 6,000 --0-- --0-- --0-- 4,524 1,000 400,000 612,619 612,619
8
7,391,962 1,232,798
203,754 44,000 373,325 77,686
434,332 344,151 211,563 366,048 400,000
67,300 --0-
1,276,000 369 70

B. Budget Unit: Real Estate Commission .......$
Real Estate Commission Budget: Personal Services .......................$ Regular Operating Expenses ..............$

931,299
484,754 203,759

1600

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

13,332 14,000 29,000 18,776 53,387 30,450 13,041 70,800 931,299 931,299
27

Real Estate Commission Functional Budget

State Funds Real Estate Commission .....$ 931,299

Cost of

Operations Pos.

$ 975,602

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

484,754 203,759
13,332 14,000 29,000 18,776 53,387 30,450 13,041 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

15,528,138
1,527,013 167,592 33,900 --0-- 50,000 509,495 89,545 129,400 50,200 95,000
2,652,145 --0-- 77

FRIDAY, FEBRUARY 26, 1982

1601

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees. .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

451,250 451,250 406,250
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 ...................$ Georgia Military Scholarship
Grants ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,785,250 10,500,000 3,568,800
134,000
22,000
23,510 17,033,560 15,121,888
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 ........................$ Georgia Military Scholarship
Grants ..............................$ Total Positions Budgeted Authorized Motor Vehicles

1,527,013 167,592 33,900 --0-- 50,000 509,495 89,545 129,400 50,200 95,000 451,250
2,785,250 10,500,000 3,568,800
22,000
134,000
23,510 77 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.

1602

JOURNAL OF THE SENATE

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 $140,000 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 $675 per academic year, and for payment of grants for the 1981 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 rel ative to North Georgia College Military Scholarships provides for payment of scholarships to select recip ients as provided for in Article 9 of Code Chapter 32-37.

FRIDAY, FEBRUARY 26, 1982
Provided, that the above appropriated amount rel ative 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

1603
796,994
367,383 37,500 39,000 --0-- 18,900 4,000 --0-- 15,300 9,200 141,200
632,483 632,483
12
120,521 12,550 9,790 --0-- 2,000 500 4,000 4,350 2,800 8,000 164,511 164,511 5

1604

JOURNAL OF THE SENATE

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Positions Budgeted Authorized Motor Vehicles

487,904 50,050 48,790 --0-- 20,900 4,500 4,000 19,650 12,000 149,200 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 .................$ TotalFundsBudgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,089,000
1,235,056 69,500 12,000 --0-- 26,000 5,000 368,428 72,196 38,000 115,000 60,000
1,097,000 992,000
4,090,180 2,089,000
61

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 ...................$

1,235,056 69,500 12,000 --0-- 26,000 5,000 368,428 72,196 38,000 115,000 60,000
1,097,000

FRIDAY, FEBRUARY 26, 1982

1605

Employer Contributions .................$ Total Positions Budgeted Authorized Motor Vehicles
It is the intent of the General Assembly that from funds available the Teachers' Retirement System is authorized to implement H.B. 15 of the 1975 Regular 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
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
3. Authorities Budget:
Authority Lease Rentals. .................$ State of Georgia General
Obligation Debt Sinking Fund ...........$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

992,000 61 1
412,618,699
68,838,559 4,023,131 1,373,885
--0-- 249,800
50,545 --0--
31,125 823,020 8,767,791 343,479,646 427,637,502 169,152,502
3,186
53,022,336 33,108,086
310,800 --0--
10,250 --0-- --0-- --0--
109,650 990,175 90,150,000 177,701,297 175,601,297
3,725
24,805,619
3,724,517 28,530,136 28,530,136

1606

JOURNAL OF THE SENATE

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases .......$ Equipment Purchases ...................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

1,000,000 2,200,000
300,000 3,500,000 3,400,000

5. Assistance to Counties Budget:
Grants to Counties ......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

9,317,013 9,317,013 9,317,013

6. Administration Budget:
Personal Services .......................$ Regular Operating Expenses .............. Travel. ............................... Motor Vehicle Equipment Purchases ....... Publications and Printing................. Equipment Purchases ................... Computer Charges. ..................... Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

7,593,372 2,133,014
118,363 --0--
168,850 --0--
1,217,500 909,512 201,070 170,000
12,511,681 12,511,681
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.

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

FRIDAY, FEBRUARY 26, 1982

1607

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 hi accordance with lease rental contracts now hi 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.

1608

JOURNAL OF THE SENATE

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 this General Assembly that the Department of Transportation is authorized to use interstate rehabilitation funds for four-laning and passing lanes.

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 .......................$ 312,629.00 Augusta Railroad Project .................$ 1,500,000.00 Capital Outlay--Paving State and Local Schools and State Institutions ............$ 750,000.00
Paving State Parks and Historic Sites. ........................$ 500,000.00
Capital Outlay -- Paving Farmers Markets. ............................$ 250,000.00
Maintenance and Betterments Capital Outlay -- Rehabilitation and Improvements -- Off System ............$ 14,388,137.06

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropria tions of an amount equivalent to motor fuel tax revenue required under Article III, Section X, Paragraph VII, subsection (b) of the State Constitution.

7. Assistance to Municipalities Budget:
Grants to Municipalities .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

9,317,000 9,317,000 9,317,000

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

Provided, further, that a member of the governing authority of the municipality, designated by such authority, shall execute an affidavit annually that

FRIDAY, FEBRUARY 26, 1982
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
9. Inter-Modal Transfer Facilities Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay--Airport
Development ........................$ Capital Outlay--Airport
Operational Improvements .............$ Capital Outlay--Airport
Approach Aid ........................$ Mass Transit Grants. ....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1609
495,160 399,269
12,000 --0-- 200
11,000 --0-- 1 4,200 2,500 -0-
924,330 574,330
17
625,632 49,620 26,275 --0-- 24,000 800 --0-- --0-- 17,300
453,393 700,000 1,000,000 300,000 548,220 3,745,240 3,470,240
24

1610

JOURNAL OF THE SENATE

10. Harbor Maintenance Budget:
Harbor Maintenance Payments. ...........$ Capital Outlay--Land Acquisition. .........$ 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 ......$ Capital Outky--Land Acquisition. .........$ Total Positions Budgeted Authorized Motor Vehicles

454,500 290,000 744,500 744,500
130,575,059 39,713,120
1,841,323 1,000,000
453,100 2,262,345 1,217,500
940,638 1,155,240 10,383,859 433,929,646
548,220 9,317,000
454,500 9,317,013 24,805,619
700,000
3,724,517
1,000,000 300,000 290,000 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 up to but not exceeding one-half (Vz) of the non-federal share when matching both Federal and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Depart-

FRIDAY, FEBRUARY 26, 1982

1611

ment of Transportation is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia.

Provided, that $744,500 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.

Provided further, it is the intent of this General Assembly that the following class may be reassigned at the discretion of the Department of Transportation as shown:

Class Name Transportation Engineer Associate

New Paygrade 31@3or4

Provided that the Department of Transportation is authorized to retain its Bus Rental Income to operate, maintain, and upgrade the department owned buses.

Section 44. Department of Veterans Services.

Budget Unit: Department of Veterans Service .............................$ 10,738,865

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........................ Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

,957,836 95,086 83,600 -0-
19,000 26,860
100 130,876 61,575
6,000 27,800 ,408,733 ,128,899
157 1

1612

JOURNAL OF THE SENATE

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 ...............................$ 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 ..............................$
1. Workers' Compensation Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

--0-- 52,000
63,700
6,791,112 6,906,812 5,469,442
--0-- 5,250
--0--
2,916,994 2,922,244 2,140,524
2,957,836 95,086 83,600 --0-- 19,000 84,110 100 130,876 61,575 6,000 --0-- 27,800
6,791,112
2,916,994
63,700 157 1
3,896,936
2,897,230 111,579 40,465

FRIDAY, FEBRUARY 26, 1982

1613

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-- 38,000 4,200 86,520 229,525 80,000 46,319 53,000 3,586,838 3,572,338
127

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

270,447 6,147 9,400 --0-- 3,000 --0-- 525 21,779 5,000 5,300 3,000
324,598 324,598
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

3,167,677 117,726 49,865 --0-- 41,000 4,200 87,045 251,304 85,000 51,619 56,000 139 1

Section 46. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund.. ..............................$

50,703,850

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $9,130,000 is specifically ap-

1614

JOURNAL OF THE SENATE

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.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,300,000 is specifically ap propriated for the purpose of financing the acquisition of an office facility, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $459,000 is specifically ap propriated for the purpose of financing the construc tion of an Advanced Technology Center at Georgia In stitute of Technology, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $567,000 is specifically ap propriated for the purpose of financing the expansion of Unicoi State Park through the issuance of not more than $2,100,000 in principal amount of General Obligation Debt.
Section 47. Energy Conservation. Budget Unit: Energy Conservation
Program ...............................$ Total Funds Budgeted ................$ State Funds Budgeted ................$
Section 48. In addition to all other appropriations for the fiscal year ending June 30, 1982, there is hereby appropriated $2,425,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby ap propriated $5,503,400 for the purpose of providing operating funds for the State physical health laboratories ($175,000 - Budget Unit 'A') and for State mental health/mental retardation institutions ($5,328,400 -- 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.

958,143 1,794,829
958,143

FRIDAY, FEBRUARY 26, 1982

1615

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 1982 and thereafter.
Section 50. 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 General Assembly that each State agency utilizing xerographic reproducing equipment maintain a log for each unit of equipment indicating the date, number of copies and such other data determined appropriate to conserve the utilization of such equipment. It is the further 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 51. 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
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.

1616

JOURNAL OF THE SENATE

Section 52. 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 53. 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 54. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.
Section 55. 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 56. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any 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, 1981, 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.

FRIDAY, FEBRUARY 26, 1982

1617

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 57. 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 1981 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an ap propriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1982, and provided, further, that no funds what soever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source deriv ed. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institu tion or other agency of this State are in violation of this Section or in violation of any amendments properly ap proved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recom mendation by the Governor of expenditures as to ob jects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 58. Wherever in this Act the term'Budget Unit Object Classes' is used, it shall mean that the ob ject classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1982 submitted to the General Assembly at the 1981 regular session.

1618

JOURNAL OF THE SENATE

Section 59. 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 vehicle^ 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 60. 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 60A. An Act providing a supplementary ap propriation for the State Fiscal Year ending June 30, 1982, approved January 19, 1982, known as Act 829, is hereby amended by striking '$16,356,000' from page 1 of said Act in the two places it appears and inserting in each place '$15,783,003', by striking '$1,069,000' from subsection A of page 1 of said Act and inserting in lieu thereof '$1,041,234', by striking '$1,272,000' from subsection B of page 1 of said Act and inserting in lieu thereof '$1,128,360', by striking '$6,320,000' from subsection C of page 1 of said Act in the two places it appears and inserting in each place '$6,053,141', by striking '$3,240,000' from subsection D of page 1 of said Act and inserting in lieu thereof '$3,183,271', and by striking '$4,455,000' from subsection E of page 1 of said Act and inserting in lieu thereof '$4,376,997'.
Section 61. TOTAL APPROPRIATIONS F.Y. 1982 ..........................$ 3,498,883,445.
Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 63. 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.

FRIDAY, FEBRUARY 26, 1982

1619

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Broun of the 46th moved that the Senate adopt the Conference Com mittee Report on HB 1235.

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 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 Kennedy 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:

Bell Fincher of 52nd

Hudson

Kidd

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1235.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 477. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend the *'Fair Employment Practices Act of 1978", as amended, so as to extend the life of the Act; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

1620

JOURNAL OF THE SENATE

The House amendment was as follows:

Amend SB 477 by striking from lines 7 and 15 of Page 1 and from line 2 of Page 2 the following:
"1984",
and inserting in lieu thereof the following: "1985".
By striking from line 18 of Page 1 the following: "1984",
and inserting in lieu thereof the following: "1985".

Senator Howard of the 42nd moved that the Senate agree to the House amend ment to SB 477.

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 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 Holloway Horton Howard Kennedy 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:

Bell Broun of 46th Fincher of 52nd

Hudgins Hudson

Kidd Littlefield

FRIDAY, FEBRUARY 26, 1982

1621

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 477.

The following resolution of the Senate was read and put upon its adoption:

SR 326. By Senators Allgood of the 22nd and Holloway of the 12th:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 26, and to reconvene at 10:00 o'clock A.M. on Monday, March 8, 1982.

On the adoption of the resolution, the yeas were 36, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1426. By Representative Ham of the 80th: A bill to amend Code Chapter 47-1, relating to the General Assembly, so as to change the composition of certain state representative districts; to provide for incorporation of the provisions of this Act into the Official Code of Georgia Annotated.
The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 1235. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others: A bill to amend an Act providing appropriations for the fiscal year 1981-1982, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1981-1982.

1622

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 326. By Senators Allgood of the 22nd and Holloway of the 12th: A resolution relative to adjournment.

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 SR 326, previously adopted, until Monday, March 8, at 10:00 o'clock A.M.

MONDAY, MARCH 8, 1982

1623

Senate Chamber, Atlanta, Georgia Monday, March 8,1982
Twenty-eighth Legislative Day

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, 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:

HB 1555. By Representative Elliott of the 49th:
A bill to amend an Act creating the State Court of DeKalb County, so as to authorize the chief judge of the State Court of DeKalb County to designate an agency to develop, operate, and administer a volunteer pro gram to provide legal services to low-income clients involved in civil ac tions.

HB 1595. By Representative Moore of the 152nd:
A bill to provide that in each county of this state having a population of not less than 26,200 nor more than 27,000 according to the United States decennial census of 1980 or any future such census the maximum court costs for the county law library fund which may be charged and collected in each action or case shall be $5.00; to amend the Official Code of Georgia Annotated accordingly.

HB 1717. By Representatives Phillips of the 125th, Ginsberg of the 122nd, Davis of the 124th and others:
A bill to fix the salary of the clerk of the probate court of Chatham Coun ty-

1624

JOURNAL OF THE SENATE

HB 1718. By Representative Sizemore of the 136th:
A bill to amend an Act creating a board of commissioners of roads and revenues of Worth County, so as to provide for commissioner districts for the election of commissioners.

HB 1720. By Representatives Johnson, Benefield and Lee of the 72nd and others:
A bill to amend an Act creating the "Clayton County Water Authority," so as to change the compensation of the chairman and other members of the authority.

HB 1721. By Representatives Johnson, Benefield and Lee of the 72nd and others:
A bill to amend an Act known as the "Clayton County Civil Service System Act," so as to change the provisions relating to the compensation of the members of the civil service board.

HB 1725. By Representatives Wilson, Thompson and Darden 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 1727. By Representatives Darden, Thompson and Wilson of the 19th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to eliminate the requirement that accusations in criminal cases be based upon affidavit, except in cases where the defendant has not been previously arrested in conjunction with the transaction charged in the ac cusation and the accusation is to be used as the basis for the issuance of a warrant for the arrest of the defendant.

HB 1740. By Representatives Milford, Clark and Mann of the 13th:
A bill to amend an Act creating the office of tax commissioner of Hart County, so as to place the tax commissioner on an annual salary in lieu of the salary plus commission system of compensation.

HB 1744. 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.

MONDAY, MARCH 8, 1982

1625

HB 1751. By Representatives Milford, Clark and Mann of the 13th:
A bill to provide for referendum elections in Franklin County at which the voters of the Franklin County School District shall be given a choice of having the Franklin County Board of Education be composed of five persons elected thereto and appointing the superintendent of the School district, or of having the Franklin County Board of Education be compos ed of five persons elected thereto and having the superintendent of the school district be elected.

HB 1243. 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 provide that certain senior judges may elect spouses benefits; to amend the Official Code of Georgia ac cordingly.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 626. By Senators Gillis of the 20th, Fincher of the 54th, Walker of the 19th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, so as to revise the list of waters classified as trout waters, to specify seasons therefor, and to correct typographical errors in the list; to provide for severability.

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.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 716. By Representatives Burton of the 47th, Widener of the 44th, Davis of the 45th and others:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $50,000.00 from all ad volorem taxes levied and collected by the ci ty.

1626

JOURNAL OF THE SENATE

HR 730. By Representatives Harrison, Nix and Isakson of the 20th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that a vacancy in the office of a justice of the peace in Cobb County shall not be filled until the next general election after the occurrence of the vacancy.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 735. By Senators McGill of the 24th, Gillis of the 20th and Walker of the 19th:
A bill to amend Chapter 6 of Title 4 of the Official Code of Georgia An notated, relating to livestock dealers and market operators, so as to change the amount of bond required of licensees; to prohibit licensing of businesses owned by or employing persons who have previously been involved in defaulting businesses; to provide for all related matters; to provide an effective date.
Referred to Committee on Agriculture.

SB 736. By Senators Brannon of the 51st and Cobb of the 28th:
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 require persons, firms, or corporations which sell certain types of flashing or revolving blue, red, or amber lights to provide certain in formation to law enforcement agencies; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Public Safety.

SB 737. 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 change the provisions relating to the descriptions of commissioner districts.
Referred to Committee on County and Urban Affairs.

SB 738. By Senator Lester of the 23rd:
A bill to amend Code Section 59-120, relating to compensation of court bailiffs and payment of expense allowance to jurors, as amended, so as to provide that the first grand jury impaneled at the fall term of the superior court of the several counties shall fix, subject to the approval of the governing authority, the compensation of court bailiffs and the payment of expense allowance to jurors; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

MONDAY, MARCH 8, 1982

1627

SB 739. By Senator Coverdell of the 40th:
A bill to amend Code Section 91A-102, relating to definitions under the "Georgia Public Revenue Code", so as to change the provisions relating to the definition of the term "Internal Revenue Code"; to amend the Of ficial Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal.
Referred to Committee on Banking, Finance and Insurance.

SB 740. By Senator Sutton of the 9th:
A bill to amend the "Georgia Residential Finance Authority Act", as amended, so as to remove from the authority the director of the Co operative Extension Service of the University of Georgia; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Governmental Operations.

SB 741. By Senator Littlefield of the 6th:
A bill to amend certain laws of this state based upon classifications of population providing for boards of elections or boards of registration and elections, so as to change the provisions relative to population and cen sus; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 742. By Senators Greene of the 26th and Robinson of the 27th:
A bill to amend an Act establishing the board of public education and or phanage for Bibb County, as amended, so as to authorize said board to expend funds to acquire, improve, and sell real or personal property in connection with its secondary and postsecondary vocational educational curricula or program.
Referred to Committee on County and Urban Affairs.

SB 743. By Senator Scott of the 43rd:
A bill to amend Code Section 56-2447, relating to required accident and sickness insurance coverage of mental disorders, so as to change the nature of required coverage; to amend the Official Code of Georgia An notated accordingly; to provide effective dates.
Referred to Committee on Banking, Finance and Insurance.

SR 324. By Senators Trulock of the 10th and Holloway of the 12th:
A resolution designating the Georgia-Florida Parkway. Referred to Committee on Transportation.

1628

JOURNAL OF THE SENATE

SR 325. By Senators Fincher of the 52nd, Kennedy of the 4th, Lester of the 23rd and others:
A resolution requiring the State Department of Education to utilize teacher aides to reduce the student-teacher ratio in grades one through four.
Referred to Committee on Education.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1243. 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 provide that certain senior judges may elect spouses benefits; to amend the Official Code of Georgia accor dingly.
Referred to Committee on Retirement.

HB 1426. By Representative Ham of the 80th:
A bill to amend Code Chapter 47-1, relating to the General Assembly, so as to change the composition of certain state representative districts; to provide for incorporation of the provisions of this Act into the Official Code of Georgia Annotated.
Referred to Committee on Reapportionment.

HB 1555. By Representative Elliott of the 49th:
A bill to amend an Act creating the State Court of DeKalb County, so as to authorize the chief judge of the State Court of DeKalb County to designate an agency to develop, operate, and administer a volunteer pro gram to provide legal services to low-income clients involved in civil ac tions.
Referred to Committee on County and Urban Affairs.

HB 1595. By Representative Moore of the 152nd:
A bill to provide that in each county of this state having a population of not less than 26,200 nor more than 27,000 according to the United States decennial census of 1980 or any future such census the maximum court costs for the county law library fund which may be charged and collected in each action or case shall be $5.00; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs.

MONDAY, MARCH 8, 1982

1629

HB 1717. By Representatives Phillips of the 125th, Ginsberg of the 122nd, Davis of the 124th and others:
A bill to fix the salary of the clerk of the probate court of Chatham Coun tyReferred to Committee on County and Urban Affairs.

HB 1718. By Representative Sizemore of the 136th:
A bill to amend an Act creating a board of commissioners of roads and revenues of Worth County, so as to provide for commissioner districts for the election of commissioners. Referred to Committee on County and Urban Affairs.

HB 1720. By Representatives Johnson, Benefield and Lee of the 72nd and others:
A bill to amend an Act creating the "Clayton County Water Authority," so as to change the compensation of the chairman and others members of the authority.
Referred to Committee on County and Urban Affairs.

HB 1721. By Representatives Johnson, Benefield and Lee of the 72nd and others:
A bill to amend an Act known as the "Clayton County Civil Service System Act," so as to change the provisions relating to the compensation of the members of the civil service board. Referred to Committee on County and Urban Affairs.

HB 1725. By Representatives Wilson, Thompson and Darden 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 1727. By Representatives Darden, Thompson and Wilson of the 19th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to eliminate the requirement that accusations in criminal cases be based upon affidavit, except in cases where the defendant has not been previously arrested in conjunction with the transaction charged in the ac cusation and the accusation is to be used as the basis for the issuance of a warrant for the arrest of the defendant.
Referred to Committee on County and Urban Affairs.

1630

JOURNAL OF THE SENATE

HB 1740. By Representatives Milford, Clark and Mann of the 13th:
A bill to amend an Act creating the office of tax commissioner of Hart County, so as to place the tax commissioner on an annual salary in lieu of the salary plus commission system of compensation. Referred to Committee on County and Urban Affairs.

HB 1744. 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 1751. By Representatives Milford, Clark and Mann of the 13th:
A bill to provide for referendum elections in Franklin County at which the voters of the Franklin County School District shall be given a choice of having the Franklin County Board of Education be composed of five persons elected thereto and appointing the superintendent of the School district, or of having the Franklin County Board of Education be compos ed of five persons elected thereto and having the superintendent of the school district be elected.
Referred to Committee on County and Urban Affairs.

HR 716. By Representatives Burton of the 47th, Widener of the 44th, Davis of the 45th and others:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $50,000.00 from all ad valorem taxes levied and collected by the ci-
ty-
Referred to Committee on County and Urban Affairs.

HR 730. By Representatives Harrison, Nix and Isakson of the 20th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that vacancy in the office of a justice of the peace in Cobb County shall not be filled until the next general election after the occurrence of the vacancy.
Referred to Committee on County and Urban Affairs.

MONDAY, MARCH 8, 1982

1631

The following reports of standing committees were read by the Secretary:

Mr. President:

The 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 1218. Do pass as amended.
Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The 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:
SR 320. Do pass. HB 1264. Do pass. HB 1480. Do pass. HB 1481. Do pass. HB 1505. Dp pass. HB 1506. Do pass. HB 1597. Do pass. HR 158. Do pass. HR 663. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The 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 693. Do pass as amended.
SB 717. Do pass.
HB 883. Do pass.

1632

JOURNAL OF THE SENATE

HB 1167. HB 1323. HB 1324. HB 1450. HB 1541. HR 589.

Do pass by substitute. Do pass by substitute. Do pass. Do pass by substitute. Do pass as amended. Do pass.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

Mr. President:

The Committee on Natural Resources and Environmental Quality 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 313. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety 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 170. Do pass by substitute.
Respectfully submitted, Senator Timmons of the 11th District, Chairman

Mr. President:

The 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 1268. Do pass as amended.
Respectfully submitted, Senator Tate of the 38th District, Chairman

MONDAY, MARCH 8, 1982

1633

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
HB 245. Do not pass. HB 1313. Do pass. HB 1314. Do pass. HB 1502. Do pass as amended. SB 555. Do pass by substitute.
Respectfully submitted, Senator Tate of the 38th District, Chairman

Mr. President:

The Committee on Rules 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 299. Do not pass. SR 306. Do pass. HR 265. Do pass.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

Mr. President:

The 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 539. Do pass by substitute.
Respectfully submitted, Senator Wessels of the 2nd District, Chairman

1634

JOURNAL OF THE SENATE

The following bills and resolutions of the Senate and House were read the sec ond time:

SB 676. By Senator Ballard of the 45th:
A bill to amend Code Section 114-101, relating to definitions under the workers' compensation law, so as to change the definition of the terms '' employer'' and " employee "; to amend the Official Code of Georgia An notated accordingly; to provide effective dates.

SB 713. By Senators Gillis of the 20th, Robinson of the 27th, Cobb of the 28th and others:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving tractors, farm equipment and implements, or parts; to provide a policy statement; to provide defini tions; to provide for applicability; to provide that certain conduct is unlawful; to prohibit certain conduct and transactions; to provide an ef fective date.

SB 716. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a Small Claims Court for Hancock County, as amended, so as to change the provisions relating to the collection and utilization of court costs; to provide a salary for the judge of the small claims court in lieu of the fee system of compensation; to change the provisions relating to court costs.

SB 719. By Senator Brown of the 47th:
A bill to amend an Act creating the office of tax commissioner of Hart County, as amended, so as to place the tax commissioner on an annual salary in lieu of the salary plus commission system of compensation; to provide for other matters relative to the foregoing.

SB 720. By Senator Starr of the 44th:
A bill to amend an Act known as the "Statewide Probation Act," as amended, so as to provide for a special term of probation for persons con victed of certain violations of the "Georgia Controlled Substances Act" in addition to any term of imprisonment; to provide for additional years of special probation for second or subsequent offenders; to amend the Official Code of Georgia Annotated accordingly.

SR 308. By Senators Fincher of the 52nd, Lester of the 23rd, McGill of the 24th and others:
A resolution urging the State Department of Education to establish cardiopulmonary resuscitation (CPR) programs for students in grades nine through twelve.

MONDAY, MARCH 8, 1982

1635

SR 315. By Senators Fincher of the 54th, Gillis of the 20th, Kidd of the 25th and others:
A resolution requiring the Board of Medical Assistance to review the needs of pharmacy providers and adopt such policies to ensure that these providers receive a pro rata share of supplemental funds appropriated to the Department of Medical Assistance.

SR 321. By Senator Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to pro vide that unless the joint county and municipal sales and use tax is ap proved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School District shall be required to impose, levy, and collect a 1 percent sales and use tax for educational purposes; to provide for the submission of this amendment for ratification or rejection.

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.

HB 460. By Representative Beck of the 148th:
A bill to amend an Act providing for the transfer of functions, personnel and equipment from the State Building Administrative Board to the Department of Community Affairs, so as to add a municipal or county code enforcement official to the advisory board to the commissioner of the Department of Community Affairs.

HB 638. By Representatives Fuller of the 16th, Adams of the 14th and Childers of the 15th:
A bill to amend the ' 'Children and Youth Act'', so as to change the defini tion relating to family day-care homes.

HB 1205. By Representatives Richardson of the 52nd, Felton of the 22nd, Childs of the 51st and Lowe of the 43rd:
A bill to amend Code Section 36-2-2 of the Official Code of Georgia An notated, relating to residents of militia districts, so as no longer to require residents constituting a militia district to be males.

HB 1207. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salespersons, so as to provide limitations upon certain actions; to provide for the continuation of the Georgia Real Estate Commission and the laws relating thereto but to provide for the later termination of such commis sion and laws; to amend the Official Code of Georgia Annotated accord ingly.

1636

JOURNAL OF THE SENATE

HB 1259. By Representative Adams of the 36th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act," so as to change the maximum amount of bonds and notes which the authority may have outstanding at any one time; to amend the Official Code of Georgia Annotated accordingly.

HB 1261. 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 continue the State Board of Pharmacy and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to amend the Official Code of Georgia An notated accordingly.

HB 1335. By Representatives Lambert of the 1 12th and Argo of the 63rd:
A bill to provide for a statement of purpose; to provide for the declaration of an emergency with regard to jail and prison overcrowding by the Governor; to provide for the release of state prison inmates by the State Board of Pardons and Paroles without regard to time-served re quirements; to amend the Official Code of Georgia Annotated according-

HB 1336. By Representatives Lambert of the 1 12th and Argo of the 63rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Of fender Rehabilitation and to prisons, public works camps and prisoners, so as to change the responsibility for the payment of certain medical costs incurred by certain inmates; to amend the Official Code of Georgia Annotated accordingly.
HB 1337. By Representatives Lambert of the 1 12th and Argo of the 63rd:
A bill to amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in in stitutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities while their con viction is on appeal; to change the provisions relative to the delivery of custody of inmates to the Department of Offender Rehabilitation.
HB 1386. By Representative Bishop of the 94th:
A bill to amend Chapter 2 of Title 30 of the Official Code of Georgia An notated, relating to the Georgia Factory for the Blind, so as to redesignate said agency as the Georgia Industries for the Blind; to change a reference to factory to industry or industries.

MONDAY, MARCH 8, 1982

1637

HB 1399. By Representative Ross of the 76th:
A bill to amend an Act known as the "Georgia Professional Standards Act," so as to delete the expiration date from said Act; to amend the Of ficial Code of Georgia Annotated accordingly.

HB 1471. By Representative Dobbs of the 74th:
A bill to amend an Act incorporating and granting a new charter to the City of Covington, so as to provide that any sale or conveyance of the city cable television system shall first be approved by the qualified voters of the city voting in a special election.

HB 1622. By Representative Dobbs of the 74th:
A bill to grant to the Newton County probate court jurisdiction over violations of ordinances of Newton County; to provide for a prosecuting attorney and for practices and procedures.

HB 1640. By Representative Hutchinson of the 133rd:
A bill to provide for a board of elections in each county of this state hav ing a population of not less than 11,675 nor more than 11,725 according to the United States decennial census of 1980 or any future such census.

HB 1644. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act placing the sheriff of Laurens County upon an an nual salary, so as to change the compensation of the sheriff.

HB 1646. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner.

HB 1647. 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.

HB 1649. 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.

1638

JOURNAL OF THE SENATE

HB 1650. 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; to change the compensation of the deputy clerk of the clerk of the superior court.

HB 1651. 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 and solicitor of said court.

HB 1653. By Representatives Anderson, Hasty and Harris of the 8th:
A bill to amend an Act creating the office of commissioner of Cherokee County, so as to change the compensation of the commissioner of said county.

HB 1661. By Representative Jones of the 78th:
A bill to amend an Act creating a new charter for the City of Milner, so as to change certain provisions relative to the time of election of the mayor and members of the city council.

HB 1662. By Representative Jones of the 78th:
A bill to place the coroner of Lamar County on an annual salary in lieu of a fee system.

HB 1663. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating the Tax Commissioner of Lamar County and providing for an annual salary, so as to change the compensation of the tax commissioner.

HB 1664. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act creating a Board of Commissioners of Bulloch County, so as to change the provisions relative to the compensation of the clerks.

HB 1665. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act placing the judge of the probate court of Bulloch County upon an annual salary, so as to change the compensation of the clerk.

MONDAY, MARCH 8, 1982

1639

HB 1666. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act creating the office of Tax Commissioner of Bulloch County, so as to change the compensation of the tax commis sioner's assistants.

HB 1667. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk's employees.

HB 1668. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act placing the Sheriff of Bulloch County upon an an nual salary, so as to change the compensation of the sheriff's deputies and office clerk.

HB 1669. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend the charter of the City of Valdosta, so as to redefine the corporate limits of said city.

HB 1673. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia and the Recorder's Court of the City of Athens, Georgia, into one court, so as to provide that ap peals of civil cases from that court shall be to the State Court of Clarke County, Georgia.

HB 1674. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to provide for members of the board of the hospital authority of Clarke County; to provide for the appointment of members, their terms, and qualifications.

HB 1675. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act establishing a City Court in the County of Clarke (now known as the State Court of Clarke County, Georgia), so as to pro vide that the judge of that court shall not engage in the private practice of law; to provide for compensation of the judge; to provide for an assistant solicitor of the court, and the appointment, qualifications, powers, duties, and compensation thereof.

1640

JOURNAL OF THE SENATE

HB 1679. By Representative Chamberlin of the 73rd:
A bill to amend an Act creating the Henry County Development Authori ty, so as to provide for the appointment of the members of the authority; to provide for the selection of the officers of the authority.

HB 1680. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing a new board of commissioners of Henry County, so as to change the description of the commissioner districts; to clarify that elections and terms under the newly described districts shall remain the same as under these districts as formerly described.

HB 1681. By Representative Chamberlin of the 73rd:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to provide for the membership of the authority.

HB 1687. By Representative Jackson of the 77th:
A bill to amend an Act incorporating the City of Grovetown, Georgia, so as to change the provisions relating to the City Court of Grovetown to provide for the judge of said court; to provide for penalties for violation of ordinances.

HB 1689. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of commissioner of Chattooga County, so as to change procedures for disposal of county property; to provide for sales by public auction.

HB 1690. 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.

HR 542. By Representative Greer of the 43rd:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions rekting to the repeal of the resolution.

HR 594. By Representative Dobbs of the 74th:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption for residents of the City of Covington in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the ci ty-

MONDAY, MARCH 8, 1982

1641

HR 705. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to enlarge and expand upon the types and kinds of projects which the Thomaston-Upson County Industrial Development Authority may undertake and in which it may be engaged.

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 549. By Senator Coverdell of the 40th:
A bill to amend an Act providing that cities having a population of more than 150,000 according to the United States decennial census of 1920 or any future such census shall furnish pensions to officers and employees of such cities, as amended, so as to provide that certain benefits for of ficers elected or appointed for definite terms shall not apply to officers who take office after a certain date.

The following fiscal note, as required by law, was read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Fulton County Senate Delegation

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and
Budget

DATE:

February 1, 1982

SUBJECT: Fiscal Note-Senate Bill 549 (LC 7 4668) Atlanta General Employees' Pension System

This Bill would make officers first elected or appointed after July 1, 1982 eligible for the same early retirement benefits as those now available to regular employees which includes the application of an age reduction factor which is applied to early retirees. Currently officers with 15 years' service or four terms of office are eligible to receive early retirement benefits without application of this age reduction factor.

The fiscal impact of this Bill cannot be determined since the number of officers who would take advantage of early retirement provisions can not be predicted. However, the savings the system would realize from this Bill can be illustrated by using an example of an officer retiring at age

1642

JOURNAL OF THE SENATE

45 with 15 years' service. Assuming an officer had an average salary (for retirement calculations) of $30,000, he would be able to receive a pen sion of $9,000 per year under current law while if this Bill passes applica tion of the age reduction factor would reduce the pension to $3,600 per year in this example.

It should be noted that the page number used in the Bill to cite the Act to be amended (Ga. Laws 1976, p. 3237) is in error.

1st W. M. Nixon State Auditor

Isl C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend SB 549 by striking the figure "3237" where the same appears in line 7 on Page 1, in line 19 on Page 1, and in line 21 on Page 1 and in serting in lieu thereof the figure "3257".
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.
SB 687. By Senators Barnes of the 33rd and Thompson of the 32nd: A bill to amend an Act reincorporating the City of Marietta in Cobb County and creating a new charter for said city, as amended, so as to change the date for holding certain elections; to change the time at which the mayor protem is appointed; to change the time at which one member of the board of lights and waterworks is appointed; to provide for judges of the municipal court and a solicitor of the city court.
The Senate Committee on County and Urban Affairs offered the following substitute to SB 687:
A BILL
To be entitled an Act to amend an Act reincorporating the City of Marietta in Cobb County and creating a new charter for said city, ap proved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to

MONDAY, MARCH 8, 1982

1643

change the date for holding certain elections; to change the time at which the mayor pro tern is appointed; to change the time at which one member of the board of lights and waterworks is appointed; to provide for judges of the municipal court and a solicitor of the city court; to provide for qualifications; to provide for additional personnel; to provide for a municipal court; to provide for personnel of said court; to provide for the powers, duties, and jurisdiction of said court; to provide for punishment in said court; to provide for the procedures of said court; to provide for rules of said court and for appeals from said court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act reincorporating the City of Marietta in Cobb County and creating a new charter for said city, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by striking the first undesignated subsection of Section 2.4 in its entirety and inserting in lieu thereof a new subsection to read as follows:
"The present mayor and councilmen in the city shall continue in office during the terms for which they were elected, and on the first Tuesday in October, 1985, and every four years on said day thereafter an election shall be held in said city for a mayor and seven coun cilmen."
Section 2. Said Act is further amended by striking Section 2.7 in its entirety and inserting in lieu thereof a new Section 2.7 to read as follows:
"Section 2.7. Mayor pro tern; presiding officer. The mayor pro tern shall be appointed at the January meeting of each year for a term of one year from the councilmen by the mayor with the consent of a majority of the council. The mayor pro tern shall be clothed with all rights, powers, and duties of the mayor during the absence or disabili ty of the latter officer. If there shall be a vacancy in the office of the mayor pro tern, the mayor, with the consent of a majority of the coun cil, may fill the same at any regular meeting of the council, or in vaca tion. In the event of the death or resignation of the mayor or his removal from office, the mayor pro tern shall discharge the duties of the mayor or until the vacancy is filled by the selection of a successor as hereinafter provided. If the mayor should not appoint, with the consent of council, a mayor pro tern by January 31 of each year, the council may select the mayor pro tern by majority vote of the coun cil."
Section 3. Said Act is further amended by striking Section 4.11 in its entirety and inserting in lieu thereof a new Section 4.11 to read as follows:
"Section 4.11. Municipal court, (a) (1 (There is created the office of judge of the municipal court or associate judges, as may be deemed appropriate, who shall be appointed by the mayor, and such officer is subject to removal by the mayor. The mayor may serve as judge ex officio. The judge or judges shall preside over the municipal court for the trial of offenders against the ordinances of the city. The judge or

1644

JOURNAL OF THE SENATE

judges shall have the full power and authority as provided hereinafter in this charter in Article VI and in the laws of the state. The compensa tion of the judges shall be fixed by ordinance.
(2) A municipal court solicitor or assistant solicitors may be ap pointed to serve at the pleasure of and upon the concurrence of the mayor and a majority of the city council, and such officer is subject to removal upon the concurrence of the mayor and a majority of this council. The duties of the solicitors shall be those hereinafter set forth in Article VI, Section 6.6 of this charter. Compensation of the solicitors shall be fixed by ordinance.
(b) Notwithstanding any other provision of this charter, no person shall serve as city solicitor or municipal court judge unless he or she is a member in good standing of the State Bar of Georgia.
(c) A municipal court clerk and such other personnel as may be deemed appropriate may be appointed to serve at the pleasure of the mayor and upon concurrence of the mayor and a majority of the city council, and such personnel are subject to removal upon the concur rence of the mayor and a majority of the council. The duties of said personnel shall be provided for by ordinance. The compensation of such personnel shall be fixed by ordinance."
Section 4. Said Act is further amended by striking Section 5.1 in its entirety and inserting in lieu thereof a new Section 5.1 to read as follows:
"Section 5.1. Created; membership; terms; etc. The board of lights and waterworks, hereinafter referred to as 'board' is hereby declared and created a body corporate, with all the powers incident to and necessary to its duties and which has the right to sue and be sued and power to make all contracts and obligations necessary to the duties that devolve upon it, and which shall consist of the mayor of the city and a member of the council of the City of Marietta who shall be appointed by the mayor, with the consent of the majority of coun cil, each January to be effective on the first Monday in January follow ing such appointment for a one-year term and of three residents of Marietta. If a nomination of a member of the council is not made by the mayor by January 31 of each year, the councilmen may select the council appointment from the council by majority vote. The clerk of the city council shall be ex officio clerk of the board of lights and waterworks, but shall not be a member of the board and shall have such duties as said board may impose upon him, and he shall be allowed such compensation as said board of lights and waterworks may fix previous to entering upon his duties. The resident members of the board shall be elected by a majority vote of the council and shall serve for a term of four years and, at the end of said time, or sooner if there should be a vacancy in any one of said places, their successors shall be elected by the council for the term of four years from the time of said election. The members of the board shall be paid such compen sation as is set by the council.''

MONDAY, MARCH 8, 1982

1645

Section 5. Said Act is further amended by striking Article VI in its entirety and inserting in lieu thereof a new Article VI to read as follows:
"ARTICLE VI MUNICIPAL COURT
Section 6.1. Creation; jurisdiction. There shall be a court of the city, to be known as 'The Municipal Court of Marietta, Georgia/ which shall be vested with all the jurisdiction and powers throughout the city generally granted to mayor's, recorder's, police courts, or municipal courts and particularly as to the abatement of nuisances, prosecution of traffic violations, and violations of other ordinances of the city.
Section 6.2. Chief judge, associate judges; appointments; compen sation; oaths; removal, (a) The municipal court shall be presided over by a chief judge and by such associate judges as shall be provided by ordinance. All judges shall be appointed by the mayor.
(b) Only persons who are active members of the State Bar of Georgia and in good standing shall be qualified and eligible to serve as judge of the municipal court.
|c) Compensation of the judges shall be fixed by ordinance.
(d) Before entering on the duties of the office, each judge shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of the office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council.
je) The mayor may serve as judge ex officio of the court.
(f) All judges shall serve at the pleasure of the mayor, and any judge may be removed from office by the mayor.
Section 6.3. Convening; powers; punishments, (a) The municipal court shall convene in the council room or such other place as the council may designate.
(b) The municipal court shall have the authority to:
(1) Preserve order, continue cases, and assess bail for the ap pearance of the accused party;
(2) Compel the production of evidence in the possession of any party with the same authority as the superior court and compel the presence of all parties, residents within or without the limits of the ci ty, necessary to a proper disposal of each case by the issuance of sub poenas and warrants which may be served and executed by an officer as authorized by ordinance or by general state law;
(3) Administer all oaths and perform all other acts necessary in the conduct of said court; and

1646

JOURNAL OF THE SENATE

(4) In cases where it is made to appear that state law has been violated, bind the offender over to the proper court for trial and to assess bail for his appearance at said court.
(c) The municipal court shall have the power and authority to im pose upon the vioktor of any law or ordinance of the city for each violation thereof the following punishments: a fine not to exceed $500.00, commitment at labor upon the public works and streets of the city for a period of not more than 60 days, confinement in the jail or other place of imprisonment in the county for a period of not more than six months; or any one or all of the foregoing punishments when the facts of the case justify such punishments. Each contempt of the municipal court shall be punishable either by imposition of a fine not exceeding $ 100.00 or by confinement in the jail or other place of im prisonment in the county not exceeding 20 days.
(d) The municipal court and the judges thereof shall have such ad ditional jurisdiction, powers, and authority as may be conferred by or dinance and the laws of the state.
Section 6.4. Rules of court. The chief judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the court. The rules and regulations made or adopted by said court shall be filed with the city clerk and shall be made available for public in spection.
Section 6.5. Certiorari. When any party in any cause in the municipal court shall be dissatisfied with the decision or judgment in such cause, such party may apply for and obtain a writ of certiorari by petition to the superior court, as provided by general law.
Section 6.6. Solicitor, (a) A solicitor and such assistant solicitors as may be deemed appropriate may be appointed by a concurrence of the mayor and a majority of the council. All solicitors shall serve at the pleasure of the mayor and council and may be removed from office by a concurrence of the mayor and a majority of the council.
(b) Compensation of the solicitors shall be fixed by ordinance.
(c) The duties of the solicitors shall be to:
(1) Prosecute persons charged with violating ordinances of the ci ty;
(2) Aid the police department in the preparation of cases for trial;
(3) Assist the judges and other officers and personnel of the courts in achieving justice in all cases and in the efficient and expeditious performance of their duties; and
(4) Perform such other duties as are or may be required by law or by ordinance or which necessarily appertain to his office.

MONDAY, MARCH 8, 1982

1647

Section 6.7. Municipal court clerk. A municipal court clerk may be appointed by the concurrence of the mayor and a majority of the council and such clerk shall serve at the pleasure of the mayor and council and may be removed by the concurrence of the mayor and a majority of the council. The compensation of the municipal court clerk shall be fixed by ordinance. The municipal court clerk shall per form such duties as may be established by the council."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 654. By Senator Evans of the 37th:
A bill to an..end an Act authorizing counties to establish and maintain law libraries, as amended, so as to provide that a city court of any city of the state having a population of 300,000 or more according to the 1980 United States decennial census or any future such census shall not be re quired to collect any costs that may be required by the foregoing Act; to amend the Official Code of Georgia Annotated accordingly.

The report 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 1626. By Representative Walker of the 115th: A bill to repeal an Act creating the Perry Redevelopment Authority.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1648

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1635. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to create the Mountville Water Authority and to authorize such authority to acquire, construct, operate, and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private and public concerns, and commercial and industrial establishments.

The report 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 following served as doctor of the day during the time the Senate and House stood in recess:

Dr. J. W. Gamwell of Atlanta, Georgia, on March 1.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Barker Barnes Bell Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Deal Dean Eldridge English Engram

Fincher of 52nd 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 Tysinger Walker Wessels

MONDAY, MARCH 8, 1982

1649

Those not answering were Senators:

Bowen Coleman

Coverdell (excused) Evans

Fincher of 54th Turner

Senator Kidd of the 25th introduced the chaplain of the day, Reverend Andrew Russell, of Midville, Georgia, who offered scripture reading and prayer.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1728. By Representatives Darden, Thompson, and Wilson of the 19th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

HB 1390. By Representatives Argo of the 63rd, Adams of the 36th, Bolster of the 30th and others:
A bill to amend Article 4, Chapter 12 of Title 45 of the Official Code of Georgia Annotated, which article relates to the Office of Planning and Budget, so as to provide for the creation of the Georgia Energy Research and Development Council.

HB 1385. By Representative Watson of the 114th:
A bill to amend Code Chapter 68-5, relating to motor contract carriers, so as to require private carriers to be covered by certain vehicle safety re quirements; to change the definition of the term "motor carrier"; to define the term "private carrier"; to amend the Official Code of Georgia Annotated accordingly.

HB 1395. By Representative Savage of the 25th:
A bill to amend Chapter 23 of Title 31 of the Official Code of Georgia An notated, relating to eye banks, so as to change the definition of the term "eye bank"; to change the provisions relating to persons who may operate eye banks.

1650

JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 625. By Senators Kennedy of the 4th, Littlefield of the 6th and Bryant of the 3rd:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia An notated, relating to superior courts, so as to increase to three the number of judges of the superior courts of the Atlantic Judicial Circuit; to provide for the initial appointment of such additional judge by the Governor; to provide for the initial term of office of such judge.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

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.

The following bills of the House were read the first time and referred to com mittees:

HB 1385. By Representative Watson of the 114th:
A bill to amend Code Chapter 68-5, relating to motor contract carriers, so as, to require private carriers to be covered by certain vehicle safety re quirements; to change the definition of the term "motor carrier"; to define the term "private carrier"; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Public Utilities.

HB 1390. By Representatives Argo of the 63rd, Adams of the 36th, Bolster of the 30th and Johnson of the 66th:
A bill to amend Article 4, Chapter 12 of Title 45 of the Official Code of Georgia Annotated, which article relates to the Office of Planning and Budget, so as to provide for the creation of the Georgia Energy Research and Development Council.
Referred to Committee on Appropriations.

HB 1395. By Representative Savage of the 25th:
A bill to amend Chapter 23 of Title 31 of the Official Code of Georgia An notated, relating to eye banks, so as to change the definition of the term "eye bank"; to change the provisions relating to persons who may operate eye banks.
Referred to Committee on Human Resources.

MONDAY, MARCH 8, 1982

1651

HB 1728. By Representatives Darden, Thompson and Wilson of the 19th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
Referred to Committee on County and Urban Affairs.

The following resolutions of the Senate were read and adopted:

SR 327. By Senators Greene of the 26th, Dean of the 31st, Garner of the 30th and others:
A resolution commending Mr. Greg Lyon.

SR 328. By Senator Tate of the 38th:
A resolution congratulating Mr. Nathaniel Glover on his ninetieth birth day.

SR 329. By Senator Fincher of the 52nd: A resolution commending Mr. Carl Collins.

SR 332. By Senator Ballard of the 45th:
A resolution expressing acknowledgement and recognition to Mr. Kenny Rogers.

SR 334. By Senators Bond of the 39th and Tate of the 38th: A resolution commending Dr. Robert H. Brisbane.

The following resolution of the Senate was read and put upon its adoption:

SR 335. By Senators Hudson of the 35th, Holloway of the 12th, Starr of the 44th and others:
A resolution calling upon the Attorney General for the State of Georgia to file an action in the United States District Court for the District of Colum bia seeking a declaratory judgment that Georgia's congressional redistricting plan (Act No. 5, 1981 Ex. Sess.) has neither the purpose nor effect of denying or abridging the right to vote on account of race, color or otherwise.

Senator Tate of the 38th moved that SR 335 be postponed until March 9.

1652

JOURNAL OF THE SENATE

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond Brantley Deal Evans Greene

Hill Horton Hudgins Kidd McKenzie Robinson

Stephens Sutton Tate Trulock Turner Tysinger

Those voting in the negative were Senators:

Barnes Bell Bowen Brannon Broun of 46th Brown of 47th Cobb Dean Eldridge English Engram

Fincher of 52nd Foster Garner Gillis Holloway Hudson Kennedy Land Lester Littlefield

Those not voting were Senators:

Ballard Bryant

Coleman Coverdell (excused)

McGill Reynolds Scott Starr Stumbaugh Summers Thompson Timmons Walker Wessels
Fincher of 54th Howard

On the motion, the yeas were 19, nays 31; the motion was lost, and SR 335 was not postponed until March 9.

Senator Bond of the 39th offered the following amendment:

Amend SR 335 by striking on Page 2, lines 18 through 21 in their en tirety.

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

Bell Bond Brantley

Evans Greene Hudgins

Kidd Robinson Stephens

MONDAY, MARCH 8, 1982

1653

Sutton Tate

Trulock Tysinger

Those voting in the negative were Senators:

Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Deal Dean Eldridge English Engram Fincher of 52nd

Fincher of 54th Foster Garner Gillis Hill Holloway Horton Howard Hudson Kennedy Land Lester

Littlefield McGill McKenzie Reynolds Scott Starr Stumbaugh Summers Timmons Turner Walker Wessels

Those not voting were Senators:

Coleman

Coverdell (excused)

Thompson

On the adoption of the amendment, the yeas were 16, nays 37, and the amend ment was lost.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Deal Dean Eldridge English Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Holloway Horton Howard Hudson Kennedy Lester

Littlefield McGill McKenzie Reynolds Scott Starr Stumbaugh Summers Timmons Trulock Walker Wessels

1654

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Allgood Ballard Barker Bell Bond Brantley

Evans Greene Hudgins Kidd Land Robinson

Stephens Sutton Tate Thompson Turner Tysinger

Not voting were Senators Coleman and Coverdell (excused).

On the adoption of the resolution, the yeas were 36, nays 18.
The resolution, having received the requisite majority, was adopted.
SENATE RULES CALENDAR Monday, March 8, 1982
TWENTY-EIGHTH LEGISLATIVE DAY
HB 1252. ^Distilled Spirits Sale--separate license for each business (SUBSTITUTE) (C Aff-39th)
HB 1074. Physician's Assistant Act--supervise more than 2 assistants (Hum R-42nd)
HB 1373. Board of Landscape Architects--continue until certain date (AMENDMENT) (C Aff-33rd)
SB 711. Insurance Code--fine upon insurer for certain acts of officers, employees (SUBSTITUTE) (BF&I-23rd)
SB 709. Appointment of Law Enforcement Officers--to assist law enforce ment agencies of state (Pub Saf--44th)
SB 656. Certain Nude and Sexual Conduct--prohibit where alcoholic beverages sold (AMENDMENT) (IL&Tou-33rd)
HB 1281. Use of Certain Surnames by Spouse--conditions (SUBSTITUTE) (Judy-42nd)
SB 718. State Patrol--duties upon interstates (Pub Saf--43rd)
HB 1533. "Financial Institution"--state credit unions charge same interest rate as federal (AMENDMENT) (BF&I-43rd)
SR 310. Motor Vehicle Safety Week--third week of November (Pub Saf-- 40th)
SB 588. Persons Convicted of Crimes--conditions for appeal bonds (S Judy-19th)
SB 589. Criminal Appeal--no jury instruction complained of unless made at trial (S Judy--20th)

MONDAY, MARCH 8, 1982

1655

SB 710. Student Grants--colleges of osteopathic medicine (H Ed--21st)
HB 1339. Teachers' Retirement--requirements for remission of employee, employer contributions (Ret--38th)
HB 1175. Controlled Substances Crimes--use of surveillance devices (Judy-- 33rd)
HB 1249. Development Authority Law--redefine "cost of project" (IL&Tou-33rd)
SR 307. Medal to Honor 250th Anniversary--urge design and produce to honor state (IL&Tou--45th)
HB 1191. Firemen--civil liability (AMENDMENT) (Judy--33rd)
SB 541. Forfeiture of Money and Currency--change provisions relating to (SJudy-25th)
SR 273. Filling Vacancies of Certain Justices and Judges--unexpired term (AMENDMENT) (Judy-16th)
SR 244. House Resolution 4 (New Constitution)--change provisions on Baldwin, Putnam County Courts (Judy--25th)
SB 684. Public Health Law Inspection Warrants--redefine inspection war rant (Hum R--34th)
Respectfully submitted,
Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1252. By Representative Watson of the 114th: A bill to amend Code Chapter 5A-25, relating to state license re quirements and regulations for manufacture, distribution, and package sales business; to amend the Official Code of Georgia Annotated accord ingly. Senate Sponsor: Senator Bond of the 39th.
Senator Bond of the 39th moved that HB 1252 be committed to the Committee on Consumer Affairs.
On the motion, the yeas were 42, nays 0; the motion prevailed, and HB 1252 was committed to the Committee on Consumer Affairs.

1656

JOURNAL OF THE SENATE

HB 1074. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act known as the "Physician's Assistant Act," so as to provide for physicians to supervise more than two physician's assistants in certain circumstances.
Senate Sponsors: Senators Howard of the 42nd and Greene of the 26th.

Senator Greene of the 26th offered the following substitute to HB 1074:

A BILL
To be entitled an Act to amend Code Section 84-902, relating to the establishment of the Composite State Board of Medical Examiners, as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and orthotists, so as to continue the Composite State Board of Medical Examiners and the laws relating thereto but to provide for the later termination of the board and those laws; to provide that a physician may supervise more than two physicians' assistants in certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. Code Section 84-902, relating to the establishment of the Composite State Board of Medical Examiners, as amended, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agen cies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Composite State Board of Medical Examiners and the laws relating thereto are hereby continued until July 1, 1988, at which time the Board shall be terminated. Upon its termination, the Board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the Board shall not be reduced or otherwise limited. The laws relative to the Board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the ter mination period, the laws relative to the Board shall stand repealed in their entirety. During the termination period, the Board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the Board."

MONDAY, MARCH 8, 1982

1657

Part 2
Section 2. Chapter 34 of Title 43 of the Official Code of Georgia An notated, relating to physicians, osteopaths, and orthotists, is amended by striking Code Section 43-34-2 in its entirety and inserting in lieu thereof a new Code Section 43-34-2 to read as follows:
"43-34-2. For the purposes of Chapter 2 of this title, The Act Pro viding for the Review, Continuation, Reestablishment, or Termina tion of Regulatory Agencies,' the Composite State Board of Medical Examiners shall be terminated on July 1, 1988, and this chapter and any other laws relating to such board shall be repealed in their entire ty effective on the date specified in Code Section 43-2-8."
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 43-34-103 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) No physician shall have more than two physician's assistants certified to him at any one time. However, a physi cian may supervise more than two physician's assistants while on call for a solo practitioner or for a member of a group prac tice setting, such as clinics, hospitals, and other institutions. The physician on call must be approved to supervise the physi cian's assistant of the physician for whom he is taking calls."

Part3
Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes

Bell Bowen Brannon

Brantley Broun of 46th Brown of 47th

1658
Bryant Cobb Coleman Deal Dean Eldridge Engram Fincher of 52nd Fincher of 54th Foster Garner Greene Hill

JOURNAL OF THE SENATE

Holloway Horton Howard Hudgins Kennedy Kidd Land 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 Ballard.

Those not voting were Senators:

Bond Coverdell (excused) English

Evans Gillis

Hudson Summers

On the passage of the bill, the yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1074.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 625. By Senators Kennedy of the 4th, Littlefield of the 6th and Bryant of the 3rd: A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia An notated, relating to superior courts, so as to increase to three the number of judges of the superior courts of the Atlantic Judicial Circuit; to provide for the initial appointment of such additional judge by the Governor; to provide for the initial term of office of such judge; to provide an effective date.

MONDAY, MARCH 8, 1982

1659

The House substitute to SB 625 was as follows:

A BILL
To be entitled an Act to provide for an additional judge of the superior court of the Atlantic Judicial Circuit; to provide for the election of such judge and of his successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Atlantic Judicial Circuit; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution, a new judge of the superior courts is added to the Atlantic Judicial Circuit, thereby increas ing to three the number of judges of said circuit.
Section 2. Such additional judge shall be elected in a manner provid ed by law for the election of judges of the superior courts of this state at the general election in November, 1982, for a term of four years begin ning on January 1, 1983, and until the election and qualification of a suc cessor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
Section 3. Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the three judges of the superior courts of said circuit may preside over any case therein and perform any official act as judge thereof.
Section 4. The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Atlantic Judicial Circuit.
Part 2
Section 5. Chapter 6 of Title 15 of the Official Code of Georgia An notated, relating to superior courts, is amended by striking paragraph (4) of subsection (a) of Code Section 15-6-2 in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Atlantic Circuit. .................................. 3"

1660

JOURNAL OF THE SENATE

Part3
Section 6. (a) Part 1 of this Act shall become effective upon its ap proval by the Governor or upon its becoming law without his approval.
(b) Part 2 of this Act shall become effective on November 1, 1982.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Kennedy of the 4th moved that the Senate agree to the House substitute to SB 625.

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 Deal Dean Eldridge English

Evans Fincher of 52nd Fincher of 54th Foster Garner Hill Horton Howard Hudgins Hudson
Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate
Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Coverdell (excused) Engram

Gillis Greene

Holloway Trulock

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 625.

Senator Tysinger of the 41st asked unanimous consent to enter the following statement in the Journal regarding the absence of Senator Coverdell of the 40th to day:

MONDAY, MARCH 8, 1982

1661

Senator Paul Coverdell, as a member of the National Conference of State Legislatures' Executive Committee representing the State of Georgia, was ap pointed to the Executive Committee Negotiating Team of State Legislators. The White House has requested the Negotiating Team's presence at a meeting on March 8, 1982 concerning negotiations on President Reagan's New Federalism proposal. For this reason, Senator Coverdell is not in attendance on this, the 28th Legislative Day of the 1982 Session of the Georgia General Assembly.

The consent was granted.

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 1373. By Representatives Reaves of the 147th, Veazey of the 146th, Balkcom of the 140th and others:
A bill to amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, so as to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Official Code of Georgia Annotated according-
iy.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Consumer Affairs offered the following amendment:

Amend HB 1373 by striking from line 10 of Page 2 and from line 12 of Page 3 the following:
"1984",
and inserting in its place the following: "1988".

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

Barnes Bell Bond

Bowen Brannon Brantley

1662
Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster

JOURNAL OF THE SENATE

Garner Greene Hill Horton Howard Hudgins Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson

Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative were Senators Land and Stumbaugh.

Those not voting were Senators:

Coverdell (excused) Gillis

Holloway

Hudson

On the passage of the bill, the yeas were 50, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 711. By Senators Lester of the 23rd and Gillis of the 20th: A bill to amend Code Title 56, known as the "Georgia Insurance Code," as amended, so as to provide that the Commissioner may impose an ad ministrative fine upon an insurer for certain acts of officers, employees, agents, or representatives; to amend the Official Code of Georgia An notated accordingly; to provide for effective dates.
The Senate Committee on Banking, Finance, and Insurance offered the follow ing substitute to SB 711:
A BILL
To be entitled an Act to amend Code Title 56, known as the "Georgia Insurance Code," as amended, so as to provide that the Commissioner may impose an administrative fine upon an insurer for certain acts of of ficers, employees, agents, or representatives; to change the time within which the insurer must furnish claim forms to the insured; to provide that individual, group, and blanket accident and sickness insurance

MONDAY, MARCH 8, 1982

1663

policies shall contain a provision that benefits shall be payable im mediately upon receipt of proof of loss by the insurer; to provide that any insurer which fails to pay a claim within five days after receipt of a proof of loss shall mail the insured a written itemization of such documents or information as may be needed to complete the claim for payment or mail the insured a letter giving the reason or reasons the insurer may have for failing to make such payment; to provide for the payment of a claim by the insurer after receipt of requested documents or information; to pro vide that each insurer shall pay the insured interest on claims which are not paid in a timely manner; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Title 56, known as the "Georgia Insurance Code," as amended, is amended by striking Code Section 56-317.1 in its entirety and inserting in lieu thereof a new Code Section 56-317.1 to read as follows:
"56-317.1. Administrative fine for certain acts of officers, employees, agents or representatives. The commissioner may, after a hearing, impose upon an insurer an administrative fine if he finds that such insurer through the acts of its officers, employees, agents or representatives has:
(1) With such frequency as to indicate its general business practice in this State:
(a) Failed to use due diligence in processing all claims, failed to pay claims in a timely manner, failed to provide proper notice with reasons for the insurer's failure to make claims payments, refused without just cause, to pay proper claims arising under coverage pro vided by its policies, whether such claim is in favor of an insured or in favor of a third person with respect to the liability of an insured to such third person or in favor of any other person entitled to the pro ceeds of a policy, or
(b) Compelled, without just cause, insureds, claimants or other persons entitled to the proceeds of its policies in this State to accept less than the amount due them or to bring suit against the insurer or an insured to secure full payment or settlement thereof.
(c) Accepted money, trade stamps, gifts or other remuneration of any kind in return for referring automobile and other property repair business including glass breakage to a particular automobile repairer, glass company, construction company or other repair company of any kind.

1664

JOURNAL OF THE SENATE

The administrative fine imposed for violations set forth in paragraphs (a), (b) or (c) shall not exceed $1,000 for each act of misconduct constituting a violation provided, however, a fine of not more than $5,000 for each act of wilful misconduct constituting a violation may be imposed."
Section 2. Said Code title is further amended by striking subsections (6) and (8) of Code Section 56-3004 in their entirety and inserting in lieu thereof new subsections (6) and (8) to read as follows:
"(6) Claim forms. The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within ten working days after the giving of such notice the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.
(8) Time of payment of claims.
(a) A provision that all benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of written proof of such loss. Should the insurer fail to make payment for which such a claim has been made, the insurer shall have ten working days after receipt of such a claim within which to mail the insured a written itemization of such documents or information as may be needed to complete the claim for payment or to mail the in sured a letter giving the reason or reasons the insurer may have for failing to make such payment. The insurer shall pay the claim of the insured within ten working days after receipt of the documents or in formation requested by the insurer. Subject to proof of loss, all ac crued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuation of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof.
(b) Each insurer admitted to transact accident and sickness in surance in this state shall pay interest to the insured equal to 25 per cent per annum on the proceeds or benefits due under the terms of the policy for failure to comply with the requirements of paragraph (a)."
Section 3. Said Code title is further amended by striking subsections (3) and (5) of Code Section 56-3105 in their entirety and inserting in lieu thereof new subsections (3) and (5) to read as follows:
"(3) A provision that the insurer will furnish to the policyholder such forms as are usually furnished by it for filing proof of loss. If such forms are not furnished before the expiration of ten working days after the giving of such notice, the claimant shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting within the time fixed in the policy for filing proof of loss, written proof covering the occurrence, character and extent of the loss for which claim is made.

MONDAY, MARCH 8, 1982

1665

(5) (a) A provision that all benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of written proof of such loss. Should the insurer fail to make payment for which such a claim has been made, the insurer shall have ten working days after receipt of such a claim within which to mail the insured a written itemization of such documents or information as may be needed to complete the claim for payment or to mail the in sured a letter giving the reason or reasons the insurer may have for failing to make such payment. The insurer shall pay the claim of the insured within ten working days after receipt of the documents or in formation requested by the insurer. Subject to proof of loss, all ac crued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof.
(b) Each insurer admitted to transact accident and sickness in surance in this state shall pay interest to the insured equal to 25 per cent per annum on the proceeds or benefits due under the terms of the policy for failure to comply with the requirements of paragraph (a)."
Part 2
Section 4. Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," is amended by striking subsection (a) of Code Section 33-3-20 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Commissioner may, after a hearing, impose upon an in surer an administrative fine if he finds that such insurer through the acts of its officers, employees, agents, or representatives has with such frequency as to indicate its general business practice in this state:
(1) Failed to use due diligence in processing all claims, failed to pay claims in a timely manner, failed to provide proper notice with reasons for the insurer's failure to make claims payments, refused without just cause, to pay proper claims arising under coverage pro vided by its policies, whether the claim is in favor of an insured or in favor of a third person with respect to the liability of an insured to a third person or in favor of any other person entitled to the proceeds of a policy;
(2) Compelled, without just cause, insureds, claimants, or other .persons entitled to the proceeds of its policies in this state to accept less than the amount due them or to bring an action against the in surer or an insured to secure full payment or settlement thereof; or
(3) Accepted money, trade stamps, gifts, or other remuneration of any kind in return for referring automobile and other property repair business including glass breakage to a particular automobile repairer, glass company, construction company, or other repair company of any kind."

1666

JOURNAL OF THE SENATE

Section 5. Said title is further amended by striking paragraphs (6) and (8) of subsection (b) of Code Section 33-29-3 in their entirety and in serting in lieu thereof new paragraphs (6) and (8) to read as follows:
"(6) The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If the forms are not furnished within ten working days after the giving of the notice, the claimant shall be deemed to have com plied with the requirements of this policy as to proof of loss upon sub mitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character, and the extent of the loss for which claim is made.
(8) (A) A provision that all benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of written proof of such loss. Should the insurer fail to make payment for which such a claim has been made, the insurer shall have ten working days after receipt of such a claim within which to mail the insured a written itemization of such documents or information as may be needed to complete the claim for payment or to mail the in sured a letter giving the reason or reasons the insurer may have for failing to make such payment. The insurer shall pay the claim of the insured within ten working days after receipt of the documents or in formation requested by the insurer. Subject to proof of loss, all ac crued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof.
(B) Each insurer admitted to transact accident and sickness in surance in this state shall pay interest to the insured equal to 25 per cent per annum on the proceeds or benefits due under the terms of the policy for failure to comply with the requirements of subparagraph (A)."
Section 6. Said title is further amended by striking paragraphs (3) and (5) of subsection (b) of Code Section 33-30-6 in their entirety and in serting in lieu thereof new paragraphs (3) and (5) to read as follows:
"(3) A provision that the insurer will furnish to the policyholder such forms as are usually furnished by it for filing proof of loss. If the forms are not furnished before the expiration of ten working days after the giving of notice, the claimant shall be deemed to have com plied with the requirements of the policy as to proof of loss upon sub mitting, within the time fixed in the policy for filing proof of loss, writ ten proof covering the occurrence, character, and extent of the loss for which claim is made;
(5) (A) A provision that all benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of written proof of such loss. Should the insurer fail to make payment for which such a claim has been made, the insurer shall have ten working days after receipt of such a claim within which to mail the insured a written itemization of such documents or information as

MONDAY, MARCH 8, 1982

1667

may be needed to complete the claim for payment or to mail the in sured a letter giving the reason or reasons the insurer may have for failing to make such payment. The insurer shall pay the claim of the insured within ten working days after receipt of the documents or in formation requested by the insurer. Subject to proof of loss, all ac crued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable, and any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof.
(B) Each insurer admitted to transact accident and sickness in surance in this state shall pay interest to the insured equal to 25 per cent per annum on the proceeds or benefits due under the terms of the policy for failure to comply with the requirements of subparagraph
(A);".
Parts
Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 8. All laws and parts of laws in conflict with this Act are 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 Bowen Brannon Brantley
Broun of 46th Bryant

Cobb Coleman Deal Dean Eldridge English Engram Evans
Fincher of 52nd Foster

Gamer Greene Hill Holloway Horton Howard Hudgins Hudson
Kennedy Kidd

1668
Land Lester Littlefield McGill McKenzie Reynolds Robinson

JOURNAL OF THE SENATE

Scott Starr Stephens Stumbaugh Summers Sutton Thompson

Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brown of 47th

Coverdell (excused) Fincher of 54th

Gillis Tate

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following local bill of the Senate was taken up for the purpose of consider ing the House substitute thereto:

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 House substitute to SB 147 was as follows:

A BILL
To be entitled an Act to amend an Act creating and establishing a small claims court for Baldwin County, Georgia, approved April 21, 1967 (Ga. L. 1967, p. 3312), as amended, so as to change the provisions relating to the jurisdiction of the Small Claims Court of Baldwin County; to place the small claims court judge on an annual salary; to provide for the disposition of fees; to provide for a treasury for the small claims court; to change the provisions relating to costs in such court; to change the provisions relating to cost in cases of garnishment; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating and establishing a small claims court for Baldwin County, Georgia, approved April 21, 1967 (Ga. L. 1967, p. 3312), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

MONDAY, MARCH 8, 1982

1669

"Section 1. There is hereby created and established in Baldwin County a small claims court, which court shall have civil jurisdiction in all cases ex contractu in which the principal amount of the demand of damages claimed or value of the property involved does not exceed $3,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county; and such jurisdiction shall include the power to issue writs of garnish ment and attachment and, in addition to the powers herein specifical ly granted, also the powers granted to justices of the peace by the Con stitution and laws of the State of Georgia."
Section 2. Said Act is further amended by striking Section 5 in its en tirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) All fees collected by the judge as herein authorized shall be paid into a depository at a chartered bank designated by the Baldwin County Board of Commissioners. Said depository shall serve as the treasury of the small claims court. The salary of the judge, com pensation of court personnel, and other expenses in the operation of the small claims court shall be paid from such treasury by the Baldwin County Board of Commissioners.
(b) The judge of the Small Claims Court of Baldwin County is plac ed on an annual salary, the amount of which shall be determined an nually by the Baldwin County Board of Commissioners."
Section 3. Said Act is further amended by striking from subsection (d) of Section 6 the following:
"$9.00",
and inserting in lieu thereof the following:
"$10.00",
so that when so amended subsection (d) shall read as follows:
"(d) When served as provided, the actual cost of service shall be taxable as costs not to exceed $10.00. The cost of service shall be ad vanced by the party demanding same in addition to the filing fee hereinafter provided and shall be taxed as other costs."
Section 4. Said Act is further amended by striking in its entirety subsection (a) of Section 8 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The plaintiff, when he files his claim, shall deposit with the court the sum of $10.00, which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of at tachment, garnishment, or trover shall be $ 10.00; provided, however, that the deposit of cost in cases of continuing garnishment as provided in Code Chapter 46-7 shall be $70.00. If a party shall fail to pay ac crued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid and likewise to

1670

JOURNAL OF THE SENATE

deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discre tion."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 147.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 147.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 709. By Senator Starr of the 44th:
A bill to provide for the appointment of law enforcement officers of the United States or of any of the several states to assist law enforcement agencies of this state; to provide for the powers, duties, privileges, and immunities of such appointed law enforcement officers; to provide pro cedures in connection with such appointments; to amend the Official Code of Georgia Annotated accordingly.

Senator Starr of the 44th offered the following amendment:
Amend SB 709 by adding in Section 1 on line 16 of Page 1, between the word "the" and the word "chief", the following:
"sheriff or the".
By adding in Section 1 on line 2 of Page 2, between the word "the" and the word "chief", the following:
"sheriff or the".
By adding in Section 1 on line 5 of Page 2, between the word "the" and the word "chief", the following:
"sheriff or the".
By adding in Section 4 on line 7 of Page 3, between the word "the" and the word "chief", the following:
"sheriff or the".
By adding in Section 4 on line 22 of Page 3, between the word "the" and the word "chief", the following:
"sheriff or the".

MONDAY, MARCH 8, 1982

1671

By adding in Section 4 on line 25 of Page 3, between the word "the" and the word "chief", the following:
"sheriff or the".

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 Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Deal Dean Eldridge English

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 Scott Starr Stephens Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Brown of 47th Coverdell (excused)

Gillis Stumbaugh

Summers

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 709.

1672

JOURNAL OF THE SENATE

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 bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 656. By Senators Barnes of the 33rd, Thompson of the 32nd, Starr of the 44th and others:
A bill to prohibit certain nude and sexual conduct on premises where alcoholic beverages are sold or dispensed for consumption on the premises; to define terms; to prohibit the use of devices or objects to per form or simulate such conduct on such premises; to prohibit the showing and display of pictures and other reproductions and images depicting such conduct on such premises; to prohibit the solicitation of drinks by certain persons on such premises; to amend the Official Code of Georgia Annotated accordingly.

The Senate Committee on Industry, Labor and Tourism offered the following amendment:
Amend SB 656 by striking on Page 5, line 19, the number "43" and inserting in lieu thereof "44"; and
By striking on Page 5, line 25, the number "44" and inserting in lieu thereof "45"; and
By striking on Page 5, line 32, the number "45" and inserting in lieu thereof "46".

Senator Evans of the 37th offered the following amendment:
Amend SB 656 by striking lines 26 through 30 on Page 2 and lines 4 through 8 on Page 5 and to strike on Page 1, lines 5 through 7 the follow ing:
"to prohibit the showing and display of pictures and other reproductions and images depicting such conduct on such premises;"

Senator Littlefield of the 6th moved that SB 656 be committed to the Committee on Industry, Labor and Tourism.

On the motion, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

MONDAY, MARCH 8, 1982

1673

Those voting in the affirmative were Senators:

Allgood Barker Bowen Brantley Broun of 46th Brown of 47th Eldridge

English Holloway Hudgins Kennedy Kidd Lester Littlefield

McGill McKenzie Scott Stephens Trulock Walker Wessels

Those voting in the negative were Senators:

Ballard Barnes Bell Bond Brannon Cobb Deal Dean Engram Evans

Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Horton Howard Land Reynolds

Those not voting were Senators:

Bryant Cole man

Coverdell (excused) Gillis

Robinson Starr Stumbaugh Summers Sutton Tate Thompson Turner Tysinger
Hudson Timmons

On the motion, the yeas were 21, nays 29; the motion was lost, and SB 656 was not committed to the Committee on Industry, Labor and Tourism.

On the adoption of the amendment offered by the Senate Committee on In dustry, Labor and Tourism, the yeas were 42, nays 0, and the amendment was adopted.

On the adoption of the amendment offered by Senator Evans of the 37th, the yeas were 48, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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

1674
Brown of 47th Cobb Coleman Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene

JOURNAL OF THE SENATE

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

Voting in the negative was Senator Bowen.

Those not voting were Senators:

Bryant Coverdell (excused)

Gillis

Timmons

On the passage of the bill, the yeas were 51, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 656.
Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.
The following general bill of the House, having been lost on February 25, recon sidered on February 26 and placed at the foot of the General Calendar, was put upon its passage:
HB 1281. By Representatives Childs of the 51st, Snow of the 1st, Burruss of the 21st and Edwards of the 110th: A bill to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, so as to permit a spouse to use certain surnames when the use of the surnames is not with the intent to deprive another fraudulently of any right under the law; to amend the Official Code of Georgia Annotated accordingly. Senate Sponsors: Senators Howard of the 42nd and Trulock of the 10th.

MONDAY, MARCH 8, 1982

1675

The substitute to HB 1281 offered by the Senate Committee on Judiciary and adopted on February 25 was as follows:

A BILL
To be entitled an Act to amend Code Chapter 53-2, relating to mar riage licenses, so as to provide for the determination of legal surnames which will be used after marriage; to provide for other matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 53-2, relating to marriage licenses, is amended by adding between Code Sections 53-202 and 53-203 a new Code Section 53-202.1 to read as follows:
"53-202.1. Determination of legal surname, (a) The form for ap plication for marriage licenses shall be designed and printed in such a manner that applicants therefor shall designate the surnames which will be used as their legal surnames after the marriage is consum mated. The legal surnames shall be designated as provided in subsec tion (b) of this Code section.
(b) A spouse may use as a legal surname his or her:
(1) Given surname or, in the event the given surname has been changed as provided in Code Chapter 79-5, the surname so changed;
(2) Spouse's surname; or
(3) Surname as provided in paragraph (1) of this subsection in con junction with the surname of the other spouse."
Part 2
Section 2. Article 2 of Chapter 3 of Title 19, relating to the marriage license and ceremony, is amended by adding between Code Sections 19-3-33 and 19-3-34 a new Code Section 19-3-33.1 to read as follows:
"19-3-33.1. (a) The form for application for marriage licenses shall be designed and printed in such a manner that applicants therefor shall designate the surnames which will be used as their legal sur names after the marriage is consummated. The legal surnames shall be designated as provided in subsection (b) of this Code section.
(b) A spouse may use as a legal surname his or her:

1676

JOURNAL OF THE SENATE

(1) Given surname or, in the event the given surname has been changed as provided in Chapter 12 of this title, the surname so chang ed;
(2) Spouse's surname; or
(3) Surname as provided in paragraph (1) of this subsection in con junction with the surname of the other spouse."
Part3
Section 3. (a) Except as provided in subsection jc) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Trulock of the 10th moved that the Senate reconsider its action of February 25 in adopting the substitute to HB 1281 offered by the Senate Committee
on Judiciary.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the substitute to HB 1281 offered by the Senate Committee on Judiciary was recon sidered.

Senator Trulock of the 10th offered the following amendment:
Amend the Committee Substitute to HB 1281 as follows:
(1) By adding in the title before the words "to provide for other mat ters relative thereto" the following:
"to change the provisions relative to restoration of a maiden or prior name;".
(2) By adding a new section to be known as Section 1A to read as follows:
"Section 1A. Code Section 30-121, relating to the changing of a wife's name in divorce cases, is amended by adding at the end thereof the following:
'In those cases in which the father is granted permanent custody of the minor child or children, the father may petition the court asking that the mother take the name which she chose at the time of her last previous marriage or her maiden name as the case may be. If the father so petitions, the court may order the same to be done in its final judgment and decree.' "

MONDAY, MARCH 8, 1982

1677

(3) By adding a new section to be known as Section 2A to read as follows:
"Section 2A. Code Section 19-5-16 of the Official Code of Georgia Annotated, relating to the restoration of a maiden or prior name, is amended by adding at the end thereof the following:
'In those cases in which the father is granted permanent custody of the minor child or children, the father in his discretion may require the mother to take the name which she chose at the time of her last previous marriage or her maiden name as the case may be. If the father so elects, the court may order the same to be done in its final judgment and decree.' "

Senator Hill of the 29th moved that HB 1281 be placed on the Table.

On the motion, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Bowen Brannon Broun of 46th Brown of 47th Cobb

Dean English Fincher of 52nd Fincher of 54th Garner Hill Hudson

Those voting in the negative were Senators:

Barker Barnes Bond Brantley Coleman Deal Eldridge Engram Evans Foster

Greene Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill

Those not voting were Senators:

Allgood Bryant

Coverdell (excused) Gillis

McKenzie Reynolds Starr Thompson Timmons Trulock
Robinson Scott Stephens Stumbaugh Sutton Tate Turner Tysinger Walker Wessels
Holloway (presiding) Summers

On the motion, the yeas were 20, nays 30; the motion was lost, and HB 1281 was not tabled.

1678

JOURNAL OF THE SENATE

On the adoption of the amendment offered by Senator Trulock of the 10th, the yeas were 28, nays 13, and the amendment was adopted.

Senator Ballard of the 45th moved that the Senate reconsider its action in adop ting the amendment offered by Senator Trulock of the 10th.

On the motion, the yeas were 28, nays 11; the motion prevailed, and the amendment offered by Senator Trulock of the 10th to the substitute to HB 1281 of fered by the Senate Committee on Judiciary was reconsidered.

On the adoption of the amendment offered by Senator Trulock of the 10th, the yeas were 11, nays 28, and the amendment was lost.

On the adoption of the substitute, the yeas were 38, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brantley Coleman Coverdell Deal Eldridge English Engram Evans

Foster Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

Those voting in the negative were Senators:

Allgood Ballard Bell Brannon Broun of 46th Brown of 47th

Cobb Dean Fincher of 52nd Fincher of 54th Garner

Robinson Scott Stephens Stumbaugh Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels
Hill McKenzie Reynolds Starr Thompson

MONDAY, MARCH 8, 1982

1679

Those not voting were Senators:

Bryant Gillis

Holloway (presiding)

Summers

On the passage of the bill, the yeas were 36, nays 16.
The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Reynolds of the 48th introduced the doctor of the day, Dr. Larry Anderson, of Snellville, 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:
SB 718. By Senator Scott of the 43rd:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia An notated, relating to the jurisdiction and duties of the Georgia State Patrol, so as to provide that the primary responsibility for performing certain duties upon the interstate highways shall be that of the Uniform Division but to allow other law enforcement agencies to perform such duties; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Bowen Cobb Coverdell Evans Fincher of 52nd Fincher of 54th

Foster Greene Hill Horton Howard Hudgins Hudson Kidd Land Lester McKenzie

Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Tysinger

1680

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

^

1

Barker

English

McGill

'f

Brannon

Garner

Reynolds

Broun of 46th

Kennedy

Walker

:

Deal

Littlefield

Wessels

Those not voting were Senators:

Brantley Brown of 47th Bryant Coleman

Dean Eldridge Engram Gillis

Holloway (presiding) Summers Timmons

On the passage of the bill, the yeas were 33, nays 12.

The bill, having received the requisite constitutional majority, was passed.

Senator Garner of the 30th gave notice that, at the proper time, he would move

;

that the Senate reconsider its action in passing SB 718.

V-

HB 1533. By Representative Phillips of the 59th:
A bill to amend Code Section 41A-102, relating to definitions, so as to provide that the term "financial institution" shall include federal credit unions for the purpose of permitting Georgia state chartered credit unions to charge interest rates equal to interest rates charged by federal credit unions; to amend the Official Code of Georgia Annotated accord ingly.
Senate Sponsor: Senator Scott of the 43rd.

Senator Lester of the 23rd offered the following amendment:

:

Amend HB 1533 by striking the figure "71" on line 9 of Page 2 and inserting in lieu thereof the figure " 7".

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.

MONDAY, MARCH 8, 1982

1681

On 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 Cobb Coverdell Deal Dean Eldridge English

Engram Fincher of 54th Foster Garner Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Brannon Bryant Coleman Evans

Fincher of 52nd Gillis Holloway (presiding)

Stumbaugh Summers Timmons

On the passage of the bill, the yeas were 45, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1533.
SR 310. By Senator Coverdell of the 40th: A resolution to establish the third week of November annually as "Georgia Motor Vehicle Safety Week''.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

1682

JOURNAL OF THE SENATE

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Cobb Coverdell Deal Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Howard Hudgins 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:

Ballard Brannon Bryant Coleman

Engram Gillis Holloway (presiding)

Horton Hudson Summers

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 588. By Senators Walker of the 19th, McGill of the 24th, Gillis of the 20th and others:
A bill to amend Code Chapter 27-9, relating to bail in criminal cases, so as to change the conditions under which appeal bonds may be granted to persons convicted of crimes; to amend the Official Code of Georgia An notated accordingly; to provide effective dates.

Senators Littlefield of the 6th and Walker of the 19th offered the following amendment:

Amend SB 588 by striking on lines 4, 6, 22 and 24 of Page 2 the word "two" and inserting in lieu thereof on each of the aforementioned lines the word "five".

MONDAY, MARCH 8, 1982
I On the adoption of the amendment, the yeas were 40, nays ment was adopted.

Senators Barnes of the 33rd and Allgood of the 22nd offered tne following amendment:

Amend SB 588 by striking lines 2 through 7 and lines 20 through 25 on Page 2 and inserting therein the following:
"The judge of the convicting court may grant an appeal bond only upon a showing that the defendant will not flee the jurisdiction, harm or threaten any witness to his trial or commit another offense."

On the adoption of the amendment, the yeas were 17, nays 24, and the amend ment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to 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
Bell Bowen Brantley
Bryant Cobb Coverdell
Dean Eldridge
English Engram Fincher of 52nd Foster

Garner
Hill Horton Howard
Hudgins Hudson Kennedy
Land Lester
Littlefield McGill McKenzie

Those voting in the negative were Senators:

Allgood Barker Barnes Bond Broun of 46th

Brown of 47th Deal Evans Greene

Reynolds Robinson Scott Starr Stumbaugh Sutton Thompson Timmons Trulock Turner Walker Wessels
Kidd Stephens Tate Tysinger

JOURNAL OF THE SENATE

* Those not voting were Senators:

Brannon Coleman

Fincher of 54th Gillis

Holloway (presiding) Summers

On the passage of the bill, the yeas were 37, nays 13.
The bill, having received the requisite constitutional majority, was passed as amended.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 588.
The following local, uncontested resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:
SR 264. By Senator Stephens of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt the capital improvements of the Cabbagetown Historic District economic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes, including ad valorem taxes for school purposes, for a period of seven years following their establishment or addition; to provide certain exceptions; 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 amended by adding at the end thereof the following:
"All capital improvements for the economic reuse establishment of certified historic structures located within the Cabbagetown Historic District shall be exempt from all City of Atlanta and Fulton County ad valorem taxes, including ad valorem taxes for school pur poses, for seven years from the time of its establishment, provided such establishment has capital improvements of $ 1 million. Each ad dition to the capital improvements for the economic reuse establish ment of the Cabbagetown Historic District for new commercial and housing development in conjunction with certified historic structures within the district shall be exempt from all City of Atlanta and Fulton County ad valorem taxes, including ad valorem taxes for school pur poses, for seven years from the time of its establishment, provided such establishment has capital improvements of $1 million or more and provided the addition results in a substantial increase in employ-

MONDAY, MARCH 8, 1982

1685

ment for the district. For the purpose of this exemption, the term 'economic reuse establishment' shall mean and include every person, firm, partnership, or corporation engaged in the redevelopment of the district in conjunction with certified historic structures. The term 'capital improvements' shall mean and include buildings, machinery, and equipment directly connected with and included in the economic redevelopment plans for the district."
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 exempt the capital improvements of the Cabbagetown Historic
[ ] NO District economic reuse establishment and certain addi tions thereto from all City of Atlanta and Fulton County ad valorem property taxes, including ad valorem taxes for school purposes, for a period of seven years following their establishment or addition?"
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 264:

A RESOLUTION
Proposing an amendment to the Constitution so as to exempt certain capital improvements of the Cabbagetown Historic District economic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes, including ad valorem taxes for school purposes, for a period of seven years following their establishment or addition; to provide certain exceptions; 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 amended by adding at the end thereof the following:
"The increased value of any property resulting from capital im provements on such property for the economic reuse establishment of certified historic structures located within the Cabbagetown Historic District shall be exempt from all City of Atlanta and Fulton County ad

1686

JOURNAL OF THE SENATE

valorem taxes, including ad valorem taxes for school purposes, for seven years from the time of its establishment, provided such establishment has capital improvements of $1 million. The value of any property in existence at the time of any capital improvement shall not be exempt from taxation. The increased value of any property resulting from each addition to the capital improvements on such property for the economic reuse establishment of the Cabbagetown Historic District for new commercial development in conjunction with certified historic structures within the district shall be exempt from all City of Atlanta and Fulton County ad valorem taxes, in cluding ad valorem taxes for school purposes, for seven years from the time of its establishment, provided such establishment has capital improvements of $ 1 million or more and provided the addition results in a substantial increase in employment for the district. The value of any property in existence at the time of any such addition shall be treated as heretofore provided in this paragraph. For the purpose of this exemption, the term 'economic reuse establishment' shall mean and include every person, firm, partnership, or corporation engaged in the redevelopment of the district in conjunction with certified historic structures. The term 'capital improvements' shall mean and include buildings, machinery, and equipment directly connected with and included in the economic redevelopment plans for the district. The exemptions provided in this paragraph shall not apply to increas ed values in property resulting from investments and capital im provements in such property made after December 31, 1985."
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 exempt certain capital improvements of the Cabbagetown Historic
[ ] NO District economic reuse establishment and certain addi tions thereto from all City of Atlanta and Fulton County ad valorem property taxes, including ad valorem taxes for school purposes, for a period of seven years following their establishment or addition?''
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 49, 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.

MONDAY, MARCH 8, 1982

1687

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 Bo wen Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Garner Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Brannon Coleman Fincher of 54th

Gillis Holloway (presiding)

Reynolds Summers

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted by substitute.
SR 309. By Senator Foster of the 50th:
A RESOLUTION
Proposing an amendment to the Constitution so as to require the Board of Education of the Rabun County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Rabun County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

1688

JOURNAL OF THE SENATE

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows:
"The Board of Education of the Rabun County School District shall impose, levy, and collect a sales and use tax for educational pur poses of that school district. This tax shall be at the rate of 1 percent, but in all other respects, except as otherwise provided in this paragraph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipality sales and use tax. The ad valorem tax millage rate limitation applicable to the Rabun County School District under this Section VII of the Constitution shall be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within the Rabun County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately preceding taxable year. The Rabun County School District shall also comply with the provisions of Code Section 48-8-91 as if the Rabun County School District were a county or municipality within the meaning of that Code section and as if the tax provided for herein were levied pursuant to Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. No referendum shall be required for the imposition of this tax. Nothing in this paragraph shall prohibit Rabun County and those municipalities located therein from imposing as an additional tax that joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. The Rabun County School District is authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this paragraph. The tax authorized by this paragraph may be imposed, levied, and collected as provided herein without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to further define and implement its provisions. This authority 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 that subject matter notwithstanding the provisions of any conflicting general law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to require the Board of Education of the Rabun County School District to
[ ] NO impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limita-

MONDAY, MARCH 8, 1982

1689

tions upon and the millage rate levied by the Rabun Coun ty School District on and after January 1, 1984, to take in to account the proceeds received from that tax by the school district the preceding year?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the 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 Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Garner Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Brannon Coleman Fincher of 54th

Gillis Holloway (presiding)

Reynolds Summers

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

1690

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 4:05 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomor row.

TUESDAY, MARCH 9, 1982

1691

Senate Chamber, Atlanta, Georgia Tuesday, March 9, 1982
Twenty-ninth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Robinson of the 27th reported that the Journal of yesterday's pro ceedings had been read and found correct.

Senator Lester of the 23rd moved that the Senate reconsider its action of March 8 in passing the following bill of the House:

HB 1074. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act known as the "Physician's Assistant Act," so as to provide for physicians to supervise more than two physician's assistants in certain circumstances.

On the motion, 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:

Allgood
Barker Barnes Brannon Brown of 47th Bryant Cobb Coleman
Dean English

Engram
Fincher of 52nd Foster Hudson Kennedy Lester McGill McKenzie
Reynolds

Starr
Stephens Stumbaugh Thompson Timmons Turner Tysinger Walker
Wessels

Those voting in the negative were Senators:

Deal Eldridge Greene
Hill Holloway

Kidd Land Littlefield Robinson

Scott Summers Sutton Trulock

1692

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard Bell Bond Bowen Brantley

Broun of 46th Coverdell Evans Fincher of 54th Garner

Gillis Horton Howard Hudgins Tate

On the motion, the yeas were 28, nays 13; the motion prevailed, and HB 1074 was reconsidered and placed at the foot of the Senate Rules Calendar today.

Senator Kidd of the 25th moved that the Senate reconsider its action of March 8 in passing the following bill of the Senate:

SB 656. By Senators Barnes of the 33rd, Thompson of the 32nd, Starr of the 44th and others:
A bill to prohibit certain nude and sexual conduct on premises where alcoholic beverages are sold or dispensed for consumption on the premises; to define terms; to prohibit the use of devices or objects to per form or simulate such conduct on such premises; to prohibit the showing and display of pictures and other reproductions and images depicting such conduct on such premises; to prohibit the solicitation of drinks by certain persons on such premises; to amend the Official Code of Georgia Annotated accordingly.

On the motion, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker
Bell Brannon Broun of 46th Bryant Coleman Eldridge English Engram

Gillis Hill
Holloway Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds
Scott Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes Cobb Deal Dean

Foster Greene Robinson Starr

Stumbaugh Sutton Thompson

TUESDAY, MARCH 9, 1982

1693

Those not voting were Senators:

Ballard Bond
Bowen
Brantley Brown of 47th Coverdell

Evans Fincher of 52nd
Fincher of 54th
Garner Horton Howard

Hudgins Land Stephens
Summers Tate

On the motion, the yeas were 28, nays 11; the motion prevailed, and SB 656 was reconsidered and placed at the foot of the Senate Rules Calendar today.
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 1748. By Representatives Perry and Veazey of the 146th: A bill to provide for the election of the school superintendent of Cook County.
HB 1753. By Representatives Darden, Thompson and Wilson of the 19th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the number of assistant solicitors; to change the compensation of assistant solicitors.
HB 1758. By Representative Lambert of the 112th: A bill to amend an Act changing the compensation of the coroner of Morgan County from a fee to salary system, so as to change the salary of the coroner.
HB 1759. By Representative Lambert of the 112th: A bill to amend an Act to create and establish a Small Claims Court in and for Morgan County, so as to change the jurisdiction of said court; to change the cost of service.

1694

JOURNAL OF THE SENATE

HB 1760. By Representative Lambert of the 112th:
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 create new election districts for the board of commissioners.

HB 1752. By Representative Adams of the 14th:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia An notated, relating to the sale of alcoholic beverages on Sundays and elec tion days, so as to authorize the governing authority of any county or municipality to prohibit the sale of alcoholic beverages on Christmas Day.

HB 1291. By Representatives Walker of the 115th, Nicholson of the 88th, Adams of the 79th and others:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or depart ments or agencies thereof, so as to provide for the payment of certain claims against the state by the Claims Advisory Board.

HB 1706. 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 certain fees; to remove language relating to the payment of fees required in certain civil actions and proceedings; to amend the Official Code of Georgia Annotated accordingly.

HB 1381. By Representative Rainey of the 135th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to prohibit the use of any body-gripping trap of a size in excess of 9Vz inches square except in and around the water.

HB 1618. By Representatives Ware of the 68th, Marcus of the 26th, Castleberry of the 111th and others:
A bill to amend an Act relating to fair access to insurance requirements, so as to change the date upon which the Act will cease to be effective; to amend the Official Code of Georgia Annotated accordingly.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 331. By Representative Kilgore of the 65th: A resolution compensating Ms. Linda A. Sikes.

TUESDAY, MARCH 9, 1982

1695

HR 518. By Representative Buck of the 95th: A resolution compensating Mr. J. B. Cummings.

HR 528. By Representative Oliver of the 121st: A resolution compensating Mr. John D. Bradley.

HR 585. By Representative Steinberg of the 46th: A resolution compensating Mr. Bobby L. Kinard.

HR 598. By Representative Fuller of the 27th: A resolution compensating Mr. Richard]. Heinicka.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 744. By Senator Tysinger of the 41st:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to change before which justices of the peace certain dispossessory af fidavits may be made; to provide an effective date.
Referred to Committee on Judiciary.

SB 745. By Senator Ballard of the 45th:
A bill to amend Code Chapter 114-7, relating to the State Board of Workers' Compensation, as amended, so as to change the provisions relating to records of injuries and certain reports which are required to be filed with the board; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.
Referred to Committee on Industry, Labor and Tourism.

SB 746. By Senator Ballard of the 45th:
A bill to amend an Act creating the Alcovy Judicial Circuit, as amended, so as to change the salary and expenses of the official court reporter of said circuit. Referred to Committee on County and Urban Affairs.

1696

JOURNAL OF THE SENATE

SB 747. By Senator Horton of the 17th:
A bill to amend an Act known as the "Fair Business Practices Act of 1975", as amended, so as to provide for the regulation of career con sulting firms; to define a certain term; to require certain contracts and clauses; to provide for matters relative to the foregoing; to amend the Of ficial Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Consumer Affairs.

SB 748. By Senator Trulock of the 10th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia An notated, relating to the creation, duties, review of assessment, and ap peals of county boards of equalization, so as to designate the alternate members of the board of equalization; to provide for an alternate becom ing a member of the board; to provide for filling a vacancy among the alternates; to provide an effective date.
Referred to Committee on Banking, Finance and Insurance.

SB 749. By Senators Deal of the 49th and Brannon of the 51 st:
A bill to amend the "Georgia Post Mortem Examination Act", as amend ed, so as to provide for appeals from verdicts of coroners' juries; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
Referred to Committee on Judiciary.

SB 750. By Senators Robinson of the 27th and Cobb of the 28th:
A bill to amend Code Title 5A, relating to alcoholic beverages, as amend ed, so as to allow the commissioner to authorize certain domestic wineries to sell directly to retail dealers; to change the amount of wine which may be produced by such wineries selling at retail on their premises; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Consumer Affairs.

SB 751. 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; to provide for the ap pointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of such small claims court; to pro vide for severability; to provide an effective date.
Referred to Committee on County and Urban Affairs.

TUESDAY, MARCH 9, 1982

1697

SB 752. By Senator Bryant of the 3rd:
A bill to provide for the election of members of the Board of Commis sioners of Bryan County; to provide for commissioner districts and posts; to provide for initial and regular terms of office; to provide for filling vacancies; to provide for practices and procedures; to provide for other matters relative to the foregoing; to provide for a referendum.
Referred to Committee on County and Urban Affairs.

SB 753. By Senator Bryant of the 3rd:
A bill to provide for the appointment of the Superintendent of Schools of Bryan County by the Board of Education of Bryan County; to provide for a referendum. Referred to Committee on County and Urban Affairs.

SB 754. By Senator Lester of the 23rd:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia An notated, relating to bonds, so as to provide that the governing authority of any county, municipality, or political subdivision of the State of Georgia may provide for the refunding of all or any part of its outstand ing bonded indebtedness by the issuance of general obligation refunding bonds without the necessity of conducting a referendum.
Referred to Committee on Banking, Finance and Insurance.

SB 755. By Senator Foster of the 50th:
A bill to provide for the appointment of the superintendent of schools of Lumpkin County by the Board of Education of Lumpkin County; to pro vide for a referendum and other conditions for the effectiveness of this Act.
Referred to Committee on County and Urban Affairs.

SB 756. By Senator Foster of the 50th:
A bill to provide for the election of the members of the Board of Educa tion of Lumpkin County; to provide for other matters relative to the foregoing; to provide for a referendum.
Referred to Committee on County and Urban Affairs.

SB 757. By Senator Stumbaugh of the 55th:
A bill to provide for an advisory referendum within DeKalb County to determine the opinion of the electorate relative to DeKalb Community College continuing to be operated as an institution of the DeKalb County Board of Education or being transferred to the Board of Regents and operated as a unit of the University System of Georgia.
Referred to Committee on County and Urban Affairs.

1698

JOURNAL OF THE SENATE

SB 758. By Senators Horton of the 17th and Littlefield of the 6th:
A bill to amend Code Chapter 32-9, relating to county board of education, so as to continue the authority of local school systems to provide for the elderly; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Education.

SB 759. By Senator Evans of the 37th:
A bill to repeal an Act creating the City of Atlanta Group Insurance Board Authority. Referred to Committee on County and Urban Affairs.

SB 760. By Senator Bryant of the 3rd:
A bill to abolish the office of Treasurer of Bryan County; to provide that the Board of Commissioners of Bryan County shall appoint depositories for county funds; to provide for the clerk of the board of commissioners to exercise certain duties; to provide for a referendum.
Referred to Committee on County and Urban Affairs.

SB 761. By Senator Hudgins of the 15th:
A bill to amend an Act known as the "Children and Youth Act", as amended, so as to provide that the regional Youth Service Program direc tor may delegate responsibility to a designee for determining whether children committed to the Department of Human Resources who have violated the conditions of supervision should be apprehended; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
Referred to Committee on Human Resources.

SB 762. By Senator Hudson of the 35th:
A bill to be entitled an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to provide for legislative intent; to change certain provisions relating to the use of the proceeds of certain taxes, bonds, and certificates; to delete certain provi sions relating to effective dates; to provide for effective dates.
Referred to Committee on Transportation.

SB 763. By Senator Barnes of the 33rd:
A bill to provide the compensation of judges of certain courts of limited jurisdiction; to provide definitions; to provide for applicability; to pro vide for the procedures whereby the governing authority of a county shall select the method of compensating the judges; to provide for alter native compensation plans for judges of courts of limited jurisdiction; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

TUESDAY, MARCH 9, 1982

1699

SB 764. By Senator Coverdell of the 40th:
A bill to amend Code Chapter 15-3, relating to jurisdiction over certain land ceded to or acquired by the United States, so as to consent to the ces sion of concurrent jurisdiction to the United States over lands within the boundaries of the State of Georgia that are owned by the United States or over which such jurisdiction is necessary for the effective administration and management of the lands owned by the United States; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

SB 765. By Senator Barnes of the 33rd:
A bill to amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles and providing for other matters relative thereto, as amended, so as to change a definition; to include certain per sons in possession of abandoned vehicles; to provide rights for all in terest holders in abandoned vehicles; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

SB 766. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 90-2, relating to reports of the Supreme Court and the Court of Appeals, as amended, so as to delete certain re quirements that the state publisher of court reports publish or maintain certain prior volumes of the reports of the Supreme Court of Georgia and reports of the Court of Appeals of Georgia; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

SR 330. By Senator Tysinger of the 41st:
A resolution proposing an amendment to the Constitution so as to in crease the amount of the homestead exemption from city ad valorem taxes for certain residents of the City of Chamblee; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

SR 331. By Senator Broun of the 46th:
A resolution designating the Georgia Museum of Art at the University of Georgia as the State Museum of Art of the State of Georgia. Referred to Committee on Higher Education.

1700

JOURNAL OF THE SENATE

SR 333. By Senator Bryant of the 3rd:
A resolution proposing an amendment to the Constitution so as to change the requirement that the governing authority of Bryan County levy and collect an annual ad valorem tax of two mills for developing and pro moting industry and pay the funds derived to the Bryan County In dustrial Development Authority; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

SR 336. By Senator Thompson of the 32nd:
A resolution creating the Alcohol Abuse Study Committee. Referred to Committee on Rules.

SR 338. By Senators Starr of the 44th and Thompson of the 32nd:
A resolution urging the passage of appropriate legislation relative to the issuance of prestige license plates for members of the Veterans of Foreign Wars of the United States.
Referred to Committee on Defense and Veterans Affairs.

SR 339. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A resolution creating the Motor Vehicle Safety Inspection Study Commit tee. Referred to Committee on Public Safety.

SR 340, By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to pro vide for the sovereign immunity of the state and all of its departments and agencies; to provide for a waiver thereof by Act of the General Assembly; to provide for the submission of this amendment for ratifica tion or rejection.
Referred to Committee on Judiciary.

SR 341. By Senators Fincher of the 52nd and Dean of the 31st:
A resolution urging Congress to support efforts to have issued a stamp honoring Martha Berry in The Great American Series. Referred to Committee on Rules.

SR 342. By Senators Fincher of the 52nd and Kennedy of the 4th:
A resolution creating the Joint Penal System Study Committee. Referred to Committee on Offender Rehabilitation.

TUESDAY, MARCH 9, 1982

1701

SR 343. By Senators Brantley of the 56th and Coverdell of the 40th:
A resolution to amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly, which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general elec tion in 1982, so as to provide for the method of consolidating municipalities and counties.
Referred to Committee on Judiciary.

SR 344. By Senator Hudgins of the 15th:
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 1291. By Representatives Walker of the 115th, Nicholson of the 88th, Adams of the 79th and others:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or depart ments or agencies thereof, so as to provide for the payment of certain claims against the state by the Claims Advisory Board.
Referred to Committee on Appropriations.

HB 1381. By Representative Rainey of the 135th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to prohibit the use of any body-gripping trap of a size in excess of 9 Vi inches square except in and around the water.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1618. By Representatives Ware of the 68th, Marcus of the 26th, Castleberry of the 111th and others:
A bill to amend an Act relating to fair access to insurance requirements, so as to change the date upon which the Act will cease to be effective; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Banking, Finance and Insurance.

1702

JOURNAL OF THE SENATE

HB 1706. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and Evans of the 84th:
A bill to amend Code Title 22, relating to corporations, so as to change certain fees; to remove language relating to the payment of fees required in certain civil actions and proceedings; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Special Judiciary.

HB 1752. By Representative Adams of the 14th:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia An notated, relating to the sale of alcoholic beverages on Sundays and elec tion days, so as to authorize the governing authority of any county or municipality to prohibit the sale of alcoholic beverages on Christmas Day.
Referred to Committee on Consumer Affairs.

HB 1748. By Representatives Perry and Veazey of the 146th:
A bill to provide for the election of the school superintendent of Cook County. Referred to Committee on County and Urban Affairs.

HB 1753. By Representatives Darden, Thompson and Wilson of the 19th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the number of assistant solicitors; to change the compensation of assistant solicitors.
Referred to Committee on County and Urban Affairs.

HB 1758. By Representative Lambert of the 112th:
A bill to amend an Act changing the compensation of the coroner of Morgan County from a fee to salary system, so as to change the salary of the coroner.
Referred to Committee on County and Urban Affairs.

HB 1759. By Representative Lambert of the 112th:
A bill to amend an Act to create and establish a Small Claims Court in and for Morgan County, so as to change the jurisdiction of said court; to change the cost of service.
Referred to Committee on County and Urban Affairs.

TUESDAY, MARCH 9, 1982

1703

HB 1760. By Representative Lambert of the 112th:
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 create new election districts for the board of commissioners. Referred to Committee on County and Urban Affairs.

HR 331. By Representative Kilgore of the 65th:
A resolution compensating Ms. Linda A. Sikes in the amount of $50.00. Referred to Committee on Appropriations.

HR 518. By Representative Buck of the 95th:
A resolution compensating Mr. J. B. Cummings in the amount of $1,327.27. Referred to Committee on Appropriations.

HR 528. By Representative Oliver of the 121st:
A resolution compensating Mr. John D. Bradley in the amount of $3,000.00. Referred to Committee on Appropriations.

HR 585. By Representative Steinberg of the 46th:
A resolution compensating Mr. Bobby L. Kinard in the amount of $198.00. Referred to Committee on Appropriations.

HR 598. By Representative Fuller of the 27th: A resolution compensating Mr. Richard J. Heinicka in the amount of $103.58.
Referred to Committee on Appropriations.
The following reports of standing committees were read by the Secretary:
Mr. President:
The 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 739. Do pass. HB 1550. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

1704 Mr. President:

JOURNAL OF THE SENATE

The 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 734. Do pass.
Respectfully submitted, Senator Bond of the 39th District, Chairman

Mr. President:

The 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 726. Do pass. SB 742. Do pass. HB 1266. Do pass. HB 1341. Do pass. HB 1483. Do pass. HB 1486. Do pass as amended. HB 1595. Do pass. HB 1624. Do pass. HB 1698. Do pass. HB 1701. Do pass. HB 1702. Do pass. HB 1710. Do pass. HB 1711. Do pass. HB 1712. Do pass. HB 1713. Do pass. HB 1718. Do pass. HB 1720. Do pass. HB 1721. Do pass. HB 1740. Do pass. HB 1744. Do pass.

TUESDAY, MARCH 9, 1982

1705

HB 1751. Do pass. HR 597. Do pass. HR 634. Do pass by substitute.
Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

Your Committee on Governmental Operations has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 730. Do pass. SB 733. Do pass. SB 740. Do pass. SB 741. Do pass. HB 1419. Do pass.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 727. Do pass. HB 1299. Do pass. HB 1328. Do pass. HB 1403. Do pass as amended. HB 1584. Do pass. HR 510. Do pass. HR 513. Do pass.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman

1706 Mr. President:

JOURNAL OF THE SENATE

The 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 1585. Do pass by substitute.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman

Mr. President:

The Committee on Special 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 574. Do pass. SB 587. Do pass as amended. SB 714. Do pass. SB 728. Do pass. SR 318. Do pass. HB 767. Do pass by substitute.
Respectfully submitted, Senator Wessels of the 2nd District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 489. Do pass. SR 324. Do pass. HB 739. Do pass. HR 592. Do pass. HR 593. Do pass.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

TUESDAY, MARCH 9, 1982

1707

The following bills and resolutions of the Senate and House were read the sec ond time:

SB 539. By Senator Kidd of the 25th:
A bill to amend Code Chapter 46-7, relating to continuing garnishment, as amended, so as to change the provisions relating to the number of answers to a summons of continuing garnishment; to change the provi sions relating to answer and payment; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 555. By Senators Tate of the 38th, Coverdell of the 40th, Allgood of the 22nd and others:
A bill to amend an Act establishing the Teachers Retirement System, as amended, so as to change the provisions relative to the transfer of teachers under a certain independent school system to the Teachers Retirement system; to amend the Official Code of Georgia Annotated ac cordingly; to provide effective dates; to provide for specific repeal.

SB 693. By Senator Sutton of the 9th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for certain penalties; to provide for certain actions in the superior courts; to provide for attorney's fees; to provide for other mat ters relative to the foregoing; to provide an effective date.

SB 717. By Senator Trulock of the 10th:
A bill to amend an Act providing for and assisting in statutory and Code revision by the repeal of certain obsolete and superseded laws based upon classifications of population, so as to delete the provision which repeals an Act providing for street improvements in municipalities hav ing a population of 600 or more, as amended, officially codified as Code Chapter 69-4.

SR 306. By Senator Horton of the 17th:
A resolution creating the Career Consulting Service Joint Study Commit tee.

SR 313. By Senators Walker of the 19th, Gillis of the 20th, English of the 21st and others:
A resolution creating the Trapper Safety Course Study Committee.

1708

JOURNAL OF THE SENATE

SR 320. By Senator Hudson of the 35th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create the Hapeville Development Authority; to provide for the powers, authority and duty of such Authority; to authorize the Authority to issue its revenue bonds, and to provide for the method and manner of such issuance and for validation thereof; to provide for sub mission of this amendment for ratification or rejection.

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.

HB 883. By Representatives Culpepper of the 98th, Kemp of the 139th, Davis of the 45th and others:
A bill to amend the "Georgia Civil Practice Act," so as to change the ef fect of a dismissal for failure of the plaintiff to prosecute.

HB 1167. By Representatives Darden of the 19th and Snow of the 1st:
A bill to amend Code Section 27-2503, relating to presentence hearings in felony cases, so as to provide for mistrials in the sentencing phase of death penalty cases; to provide for all related matters; to amend the Of ficial Code of Georgia Annotated accordingly.

HB 1218. By Representatives McDonald of the 12th, Watson of the 114th, Kilgore of the 65th and others:
A bill to amend Code Chapter 84-3, relating to architects, so as to change the time of the termination of the State Board for Examination, Qualifica tion, and Registration of Architects and the repeal of the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly.

HB 1264. By Representatives McKinney of the 35th, Glover of the 32nd, Dean of the 29th and Benn of the 38th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for said city, so as to change the provisions relative to the President of the Council.

HB 1268. By Representatives Johnson of the 72nd, Matthews of the 145th, Lane of the 81st and others:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to provide that the Board of Commissioners of the Sheriffs' Retire ment Fund of Georgia may invest not more than 50 per cent of the assets of the retirement fund in common stocks and equities; to amend the Of ficial Code of Georgia Annotated accordingly.

TUESDAY, MARCH 9, 1982

1709

HB 1313. By Representatives Johnson of the 72nd, Murphy of the 18th, 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 amount to be paid to a beneficiary upon the death of a peace officer; to amend the Official Code of Georgia An notated accordingly.

HB 1314. By Representatives Johnson of the 72nd, Murphy of the 18th, 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 relative to disability benefits for cer tain members; to amend the Official Code of Georgia Annotated accord ingly.

HB 1323. By Representative Phillips of the 59th:
A bill to amend Code Section 16-12-1 of the Official Code of Georgia An notated, relating to contributing to the delinquency of a minor, so as to make contributing to the delinquency, unruliness, or deprivation of a minor unlawful.

HB 1324. By Representative Phillips of the 59th:
A bill to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and other related offenses, so as to repeal a subsection of the Code section relating to the offense of kidnapping which makes it unlawful for certain persons to take certain action relative to individuals under the age of 16 years.

HB 1450. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia An notated, relating to imputable negligence in tort cases, so as to provide for liability of parents and persons in loco parentis for damage to public school property willfully or maliciously caused by children.

HB 1480. By Representative Colbert of the 23rd:
A bill to amend an Act to reincorporate the City of Mountain Park in the Counties of Fulton and Cherokee; to create a new charter for said city.

HB 1481. By Representative Colbert of the 23rd:
A bill to amend an Act establishing a new charter for the City of Roswell, so as to change the corporate limits of said city.

1710

JOURNAL OF THE SENATE

HB 1502. By Representative Johnson of the 72nd:
A bill to amend Code Section 28-5-42 of the Official Code of Georgia An notated, relating to the introduction of retirement bills and bills having a significant impact upon anticipated revenue or expenditure levels and fiscal notes, so as to change the provisions relating to the content of fiscal notes.

HB 1505. By Representative Marcus of the 26th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said City, so as to change the provisions relating to the qualifications of the members of the Board of Education of the City of Atlanta.

HB 1506. By Representative Marcus of the 26th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said City, so as to change the name of the Civil Service Board of the Atlanta School System to the Civil Service Commission and for review of Civil Service Commis sion decisions by the Atlanta Board of Education.

HB 1541. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Section 38-41B, relating to confidential communica tions, so as to authorize physicians to release certain patient information to the Department of Human Resources and its divisions, agents, and successors under certain conditions and to provide immunity from liability therefor; to amend the Official Code of Georgia Annotated accordingly.

HB 1597. By Representatives Robinson of the 58th, Hawkins of the 50th, Richard son of the 52nd and others:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court in DeKalb County.

HR 158. By Representative Adams of the 36th:
A resolution proposing an amendment to the Constitution so as to pro hibit Fulton County from constructing, maintaining, operating, or taxing for public libraries within the corporate limits of any city located wholly or partially within Fulton County and having a population exceeding 5,000.

HR 265. By Representatives Smith of the 152nd, Moody and Byrd of the 138th and Branch of the 137th:
A resolution proclaiming an official "Armadillo Olympics Day" in Georgia.

TUESDAY, MARCH 9, 1982

1711

HR 589. By Representatives Wall of the 61st, Martin of the 60th, Phillips of the 59th and others:
A resolution to reconfirm House Resolution 161 from the 1975 regular session of the General Assembly of Georgia.

HR 663. By Representatives Robinson of the 58th, Hawkins of the 50th, Richard son of the 52nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the mayor and council of the City of Pine Lake in DeKalb County to exempt from ad valorem taxation an amount not to exceed $4,000.00 of the value of the homestead of residents of the City of Pine Lake.

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 716. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a Small Claims Court for Hancock County, as amended, so as to change the provisions relating to the collection and utilization of court costs; to provide a salary for the judge of the small claims court in lieu of the fee system of compensation; to change the provisions relating to court costs.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 719. By Senator Brown of the 47th:
A bill to amend an Act creating the office of tax commissioner of Hart County, as amended, so as to place the tax commissioner on an annual salary in lieu of the salary plus commission system of compensation; 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, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1712

JOURNAL OF THE SENATE

HB 1471. By Representative Dobbs of the 74th:
A bill to amend an Act incorporating and granting a new charter to the City of Covington, so as to provide that any sale or conveyance of the city cable television system shall first be approved by the qualified voters of the city voting in a special election.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1622. By Representative Dobbs of the 74th:
A bill to grant to the Newton County probate court jurisdiction over violations of ordinances of Newton County; to provide for a prosecuting attorney and for practices and procedures.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1640. By Representative Hutchinson of the 133rd:
A bill to provide for a board of elections in each county of this state hav ing a population of not less than 11,675 nor more than 11,725 according to the United States 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1644. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act placing the sheriff of Laurens County upon an an nual salary, so as to change the compensation of the sheriff.

TUESDAY, MARCH 9, 1982

1713

The report 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 1646. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1647. 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.

The report 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 1649. 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.

1714

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1650. 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; to change the compensation of the deputy clerk 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 1651. 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 and solicitor of said court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1653. By Representatives Anderson, Hasty and Harris of the 8th:
A bill to amend an Act creating the office of commissioner of Cherokee County, so as to change the compensation of the commissioner of said county.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 9, 1982

1715

HB 1661. By Representative Jones of the 78th:
A bill to amend an Act creating a new charter for the City of Milner, so as to change certain provisions relative to the time of election of the mayor and members of the city 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, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1662. By Representative Jones of the 78th:
A bill to place the coroner of Lamar County on an annual salary in lieu of a fee system.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1663. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating the Tax Commissioner of Lamar County and providing for an annual salary, so as to change the compensation of the tax commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1664. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act creating a Board of Commissioners of Bulloch County, so as to change the provisions relative to the compensation of the clerks.

1716

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 1665. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act placing the judge of the probate court of Bulloch County upon an annual salary, so as to change the compensation of the clerk.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1666. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act creating the office of Tax Commissioner of Bulloch County, so as to change the compensation of the tax commis sioner's assistants.

The report 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 1667. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk's employees.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

TUESDAY, MARCH 9, 1982

1717

The bill, having received the requisite constitutional majority, was passed.

HB 1668. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act placing the Sheriff of Bulloch County upon an an nual salary, so as to change the compensation of the sheriff's deputies and office clerk.

The report 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 1669. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend the charter of the City of Valdosta, so as to redefine the corporate limits of said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1673. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia and the Recorder's Court of the City of Athens, Georgia, into one court, so as to provide that ap peals of civil cases from that court shall be to the State Court of Clarke County, Georgia.

Senator Broun of the 46th offered the following amendment:

Amend HB 1673 by striking in its entirety Section 2 on lines 22 through 24 on Page 2, which reads as follows:
"Section 2. This Act shall become effective on January 1, 1983, and shall apply to the appeals of judgments entered in all civil cases on or after that date.",

1718

JOURNAL OF THE SENATE

and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. This Act shall become effective July 1, 1982, and shall apply to the appeals of judgments entered in all civil cases on or after that date."

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.

HB 1674. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to provide for members of the board of the hospital authority of Clarke County; to provide for the appointment of members, their terms, and qualifications.

The report 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 1675. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act establishing a City Court in the County of Clarke (now known as the State Court of Clarke County, Georgia), so as to pro vide that the judge of that court shall not engage in the private practice of law; to provide for compensation of the judge; to provide for an assistant solicitor of the court, and the appointment, qualifications, powers, duties, and compensation thereof.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

TUESDAY, MARCH 9, 1982

1719

The bill, having received the requisite constitutional majority, was passed.

HB 1679. By Representative Chamberlin of the 73rd:
A bill to amend an Act creating the Henry County Development Authori ty, so as to provide for the appointment of the members of the authority; to provide for the selection of the officers 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 1680. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing a new board of commissioners of Henry County, so as to change the description of the commissioner districts; to clarify that elections and terms under the newly described districts shall remain the same as under these districts as formerly described.

The report 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 1681. By Representative Chamberlin of the 73rd:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to provide for the membership 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.

1720

JOURNAL OF THE SENATE

HB 1687. By Representative Jackson of the 77th:
A bill to amend an Act incorporating the City of Grovetown, Georgia, so as to change the provisions relating to the City Court of Grovetown; to provide for the judge of said court; to provide for penalties for violation of ordinances.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

-.On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1689. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of commissioner of Chattooga County, so as to change procedures for disposal of county property; to provide for sales by public auction.

The report 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 1690. 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 9, 1982

1721

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Barker 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 Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

Those not answering were Senators:

Barnes

Bond

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Broun of 46th

Senator Allgood of the 22nd introduced the chaplain of the day, Reverend John Oliver, pastor of the First Presbyterian Church, Augusta, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 337. By Senators Wessels of the 2nd, Coleman of the 1st and Kennedy of the 4th: A resolution expressing sympathy at the passing of Dr. James Clayton Metts.
SR 323. By Senators Reynolds of the 48th, Brown of the 47th, Ballard of the 45th and others: A resolution relative to the retirement of the Honorable Emory C. Par rish.
Senator Reynolds of the 48th introduced Honorable Emory Parrish who briefly addressed the Senate.

1722

JOURNAL OF THE SENATE

SENATE RULES CALENDAR Tuesday, March 9, 1982
TWENTY-NINTH LEGISLATIVE DAY
SB 589. Criminal Appeal--no jury instruction complained of unless made at trial (SJudy-20th)
SB 644. Forfeiture of Bonds, Recognizances--proceedings (S Judy--2nd)
SB 646. Certain Claims for Lien--be executed under oath (AMENDMENT) (Judy-22nd)
HB 1335. Jail, Prison Overcrowding--Governor declare emergency (SUBSTITUTE) (Off R-44th)
HB 1399. Professional Standards Act--delete expiration date (Ed--50th)
SB 684. Public Health Law Inspection Warrants--redefine inspection war rant (SUBSTITUTE) (Hum R-34th)
HB 1386. Factory for the Blind--redesignate as Industries for the Blind (Ed-- 50th)
SB 103. Kosher Food Sale-advertising (SUBSTITUTE) (C Aff-42nd)
HB 1259. Residential Finance Authority--maximum amount of bonds outstanding (SUBSTITUTE) (C&UA-G-5th)
HB 638. Children and Youth Act--redefine family day-care homes (SUBSTITUTE) (Hum R-25th)
HB 1249. Development Authority Law--redefine "cost of project" (IL&Tou-33rd)
SR 307. Medal to Honor 250th Anniversary--urge design and produce to honor state (IL&Tou--45th)
HB 1337. Criminal Serving in Institution under Department of Offender Rehabilitation--while appealing conviction (SUBSTITUTE) (Off R44th)
SB 710. Student Grants--colleges of osteopathic medicine (H Ed--21st)
SB 713. Tractor and Farm Equipment Manufacturers, Dealers--regulate (SUBSTITUTE) (Ag-20th)
HB 1336. Certain Inmates--responsibility for payment of certain medical costs (Off R--44th)
HB 1207. Real Estate Commission--continue but later terminate (IL&Tou-- 45th)
HB 1261. Board of Pharmacy-continue but later terminate (SUBSTITUTE) (Hum R--42nd)
HB 1191. Firemen-civil liability (AMENDMENT) (Judy-33rd)
SR 244. House Resolution 4 (New Constitution)--change provisions on Baldwin, Putnam County Courts (Judy--25th)
HB 1205. Militia Districts--not required to be males (Hum R--39th)

TUESDAY, MARCH 9, 1982

1723

SB 541. Forfeiture of Money and Currency--change provisions relating to (SJudy-25th)
HB 1175. Controlled Substances Crimes--use of surveillance devices (Judy-- 33rd)
HB 73. Crimes of Theft-- change penalty provisions (SUBSTITUTE) (S Judy-- 22nd)
HB 460. Community Affairs Department--code enforcement official to ad visory board (C&UA-G--8th)
SB 720. Certain Violations of Controlled Substances Act--special probation term (Off R--44th)
HB 1339. Teachers' Retirement--requirements for remission of employee, employer contributions (Ret--38th)
HB 1206. Military, Police, Patrol, Road Duty-- women not exempt (S Judy-- 2nd)
SR 308. CPR Programs--urge for students in grades 9 through 12 (SUBSTITUTE) (Ed-52nd)
SR 315. Pharmacy Providers--receive pro rata share of funds appropriated to Department of Medical Assistance (Hum R--54th)
HR 517. Filling Vacancies in Constitutional Offices--repeal HR 119 (Judy-- 33rd)
HB 1406. Parental Kidnaping--information from Department of Human Resources for locating parent or child (AMENDMENT) (Judy-- 33rd)
SB 656. Certain Nude and Sexual Conduct--prohibit where alcoholic beverages sold (AMENDMENTS) (IL&Tou-33rd)
HB 1074. Physician's Assistant Act--supervise more than 2 assistants (SUBSTITUTE) (Hum R-42nd)

Respectfully submitted,
/s/ Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 589. By Senators Gillis of the 20th, English of the 21st, McGill of the 24th and others:
A bill to amend the "Appellate Procedure Act of 1965", as amended, so as to provide that the giving of or failure to give a jury instruction may not be complained of in criminal appeals unless a timely objection was made at trial; to amend the Official Code of Georgia Annotated ac cordingly; to provide effective dates.

1724

JOURNAL OF THE SENATE

Senator Gillis of the 20th offered the following amendment:

Amend SB 589 by striking on Page 1, line 24 the word "jurty," and inserting in lieu thereof the word "jury,".

On the adoption of the amendment, the yeas were 41, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Hudgins Hudson Kennedy Land

Those voting in the negative were Senators:

Allgood Ballard Barker Barnes Bond Brown of 47th Deal

Evans Greene Holloway Howard Kidd Lester Littlefield

McGill Robinson Starr Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker
McKenzie Reynolds Scott Stephens Tate Trulock Wessels

On the passage of the bill, the yeas were 35, nays 21.
The bill, having received the requisite constitutional majority, was passed as amended.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 589.

TUESDAY, MARCH 9, 1982

1725

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 1204. By Representatives Richardson of the 52nd, Felton of the 22nd, Williams of the 48th and others:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide a new charter establishing children's responsibility for cost of nursing home care of their parents.

HB 1429. By Representatives Snow of the 1st, Walker of the 115th, Murphy of the 18th and others:
A bill to amend Title 8, relating to buildings and housing; to amend Title 9, relating to civil practice; to amend Title 12, relating to conservation and natural resources; to amend Title 15, relating to courts; to amend Ti tle 16, relating to crimes and offenses.

HB 1634. By Representative Nicholson of the 88th:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia An notated relating to fees in superior courts, so as to change the fees for recording and indexing financing statements.

HB 780. By Representative Marcus of the 26th:
A bill to amend Code Title 88, known as the "Georgia Health Code," so as to comprehensively and exhaustively revise, supersede, consolidate, and codify the laws relating to vital records; to provide penalties for the violation thereof.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 596. By Representative Crawford of the 5th: A resolution compensating Mr. Arthur Mann.

1726

JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 471. By Senators Thompson of the 32nd and Barnes of the 33rd:
A bill to amend Code Section 5A-507, prohibiting sales of alcoholic beverages on Sundays and elections days, as amended, so as to change certain population brackets; to amend the Official Code of Georgia An notated accordingly.

The following bills and resolution of the House were read the first time and referred to committees:

HB 780. By Representative Marcus of the 26th:
A bill to amend Code Title 88, the Georgia Health Code, so as to com prehensively revise the laws relating to vital records. Referred to Committee on Human Resources.

HB 1204. By Representatives Richardson of the 52nd, Felton of the 22nd, Williams of the 48th and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to social services, so as to provide a new chapter establishing children's responsibility for cost of nursing home care of their parents.
Referred to Committee on Human Resouces.

HB 1429. By Representatives Snow of the 1st, Walker of the 115th, Murphy of the 18th and Karrh of the 106th:
A bill to amend Title 8, relating to buildings and housing; to amend Title 9, relating to civil practice; to amend Title 12, relating to conservation and natural resources; to amend Title 15, relating to courts; to amend Ti tle 16, relating to crimes and offenses.
Referred to Committee on Judiciary.

HB 1634. By Representative Nicholson of the 88th:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia An notated, relating to fees in superior courts, so as to change the fees for recording and indexing financing statements. Referred to Committee on Special Judiciary.

HR 596. By Representative Crawford of the 5th:
A resolution compensating Mr. Arthur Mann in the amount of $ 114.98. Referred to Committee on Appropriations.

TUESDAY, MARCH 9, 1982

1727

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 644. By Senators Wessels of the 2nd and Coleman of the 1st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia An notated, relating to bonds and recognizances, so as to change the provi sions relating to proceedings for forfeiture of bonds or recognizances; to provide that judgement of forfeiture shall not be entered in cases where the defendant has not been brought to trial for a period of three years; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond 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 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 Ty singer Walker Wessels

Those not voting were Senators:

Barker

Coverdell

Greene

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

1728

JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:

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.

The House amendments were as follows:

Amendment No. 1:

Amend SB 83 by adding after the word "person" on line 14 of Page 1 and on line 28 of Page 2 the following:
"employed by a licensed compressed gas dealer".

Amendment No. 2:

Amend SB 83 by striking on line 15, Page 1 and line 29, Page 2 the word "Police" and inserting the words "Law Enforcement".

Amendment No. 3:

Amend SB 83 on Page 3, line 6 and on Page 1, line 25 by inserting after the word "wrongdoing" a ";" in place of the "." and inserting the following:
"or unless any action performed is within the bounds of that per son's professional competency based on their training and/or educa tion in the field of knowledge in which the action falls."

Senator Cobb of the 28th moved that the Senate agree to House Amendments No. 1 and No. 2 and disagree to Amendment No. 3.

On the motion, the President ordered a roll call, 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

TUESDAY, MARCH 9, 1982

1729

Bryant
Cobb Coleman
Deal Dean Eldridge English Engram Evans Fincher of 52nd Foster Garner Gillis

Hill
Horton Howard
Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie Reynolds Scott

Starr
Stephens Stumbaugh
Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Brannon Coverdell

Fincher of 54th Greene Holloway

Littlefield Robinson Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to House Amendments No. 1 and No. 2 and disagreed to Amendment No. 3.
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 646. By Senator Allgood of the 22nd:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, which article relates to liens, so as to require that certain claims for lien be executed under oath; to change bonding amounts; to provide for an effective date.

The Senate Committee on Judiciary offered the following amendment:
Amend SB 646 by inserting on Page 3, line 1 after the word "be" the following:
"in one'and one-half times the amount claimed under that lien and shall be".
On the adoption of the amendment, the yeas were 29, nays 1, and the amend ment was adopted.

1730

JOURNAL OF THE SENATE

Senators Allgood of the 22nd, Wessels of the 2nd and Coleman of the 1st of fered the following substitute to SB 646:

A BILL
To be entitled an Act to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide that architects shall have a lien for services performed with respect to real property; to require that certain claims for liens be executed under oath; to change bonding amounts; 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. Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, is amended by striking Code Section 44-14-361 in its entirety and inserting in lieu thereof a new Code Section 44-14-361 to read as follows:
"44-14-361. (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials:
(1) All mechanics of every sort who have taken no personal securi ty for work done and material furnished in building, repairing, or im proving any real estate of their employers;
(2) All contractors, all subcontractors and all materialmen fur nishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate;
(3) All registered architects furnishing plans, drawings, designs, or performing other architectural services on or with respect to any real estate;
(4) All registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate;
(5) All contractors, all subcontractors and materialmen furnishing material to subcontractors, and all laborers furnishing labor for sub contractors for building factories, furnishing material for factories, or furnishing machinery for factories;
(6) All machinists and manufacturers of machinery, including cor porations engaged in such business, who may furnish or put up any mill or other machinery in any county or who may repair the same; and
(7) All contractors to build railroads.

TUESDAY, MARCH 9, 1982

1731

(b) When work done or material furnished for the improvement of real estate is done or furnished upon the employment of a contractor or some person other than the owner or when registered land survey ing or registered professional engineering services or architectural services are so furnished or performed with respect to real estate, the lien given by this Code section shall attach to the real estate which is improved or with respect to which registered land surveying or registered professional engineering services or architectural services are rendered or performed, against the true owner of the real estate for the amount of the work done or material furnished or for the value of the services furnished or performed, unless the true owner shows that the lien has been waived in writing or produces the sworn state ment of the contractor or other person at whose instance the work was done or material was furnished or such services were furnished or rendered, which statement declares that the agreed price or reasonable value thereof has been paid. In no event shall the ag gregate amount of liens set up by this Code section exceed the con tract price of the improvements made or services performed; and pro vided, further, that, with respect to the lien for architectural services furnished, registered land surveying furnished, or registered profes sional engineering services furnished, the lien shall become effective against third parties without notice of the lien only after the notice of the lien has been filed for record as provided for in this part. As used in this subsection, the words 'contractor or other person at whose in stance the work was done or material was furnished' shall not include subcontractors. The sworn statement of the contractor or other person at whose instance the work was done or material was furnished shall operate to dissolve all liens given by this Code section.''
Section 2. Said article is further amended by striking paragraphs (1), (2), and (4) of Code Section 44-14-362 in their entirety and inserting in lieu thereof new paragraphs (1), (2), and (4) to read as follows:
"(1) A substantial compliance by the party claiming the lien with his contract for building, repairing, or improving; for architectural services furnished or performed; for registered land surveying or registered professional engineering services furnished or performed; or for materials or machinery furnished or set up, as set forth in Code Section 44-14-361;
(2) The filing for record of his claim of lien within three months after the completion of the work, the furnishing or performing of the architectural services, or the furnishing or performing of such survey ing or engineering services or within three months after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located, which claim shall be in the substance as follows:
'A. B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered land surveyor, registered professional engineer, or other person (as the case may be) claims a lien in the amount of (specify the amount claim ed) on the house, factory, mill, machinery, or railroad (as the case may be) and the premises or real estate on which it is erected or built, of C.D. (describing the houses, premises, real estate, or railroad), for

1732

JOURNAL OF THE SENATE

satisfaction of a claim which became due on (specify the date the claim was due) for building, repairing, improving, or furnishing material or services (or whatever the claim may be).'
The claim shall be executed under oath by the party claiming the lien. The clerk of the superior court shall have the right to rely upon the amount specified above in determining the sufficiency of any bond to discharge under Code Section 44-14-364. The failure to execute the claim under oath or to specify both the amount claimed due under the lien and the date said claim was due shall result in such lien not con stituting notice for any purposes;
(4) In the event any contractor or subcontractor procuring material, architect's services, registered land surveyor's services, or registered professional engineer's services, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure or with respect to any real estate, building or other structure shall abscond or die or leave the state within 12 months from the date such services, labor, supplies, or material are furnished to him, so that personal jurisdiction cannot be obtained on the contractor or subcon tractor in an action for the services, material, labor, or supplies, or if the contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of an action, no final judgment can be obtained against him for the value of such material, services, labor, or supplies because of his death or adjudication in bankruptcy, then and in any of these events, the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an action or obtain ing judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor or against the property with respect to which registered land surveying or registered professional engineering or registered ar chitectural services were rendered or performed. Subject to Code Sec tion 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved or against the property with respect to which registered land surveying or registered professional engineering or registered ar chitectural services were rendered or performed in an action against the owner thereof, if filed within 12 months from the time the lien becomes due, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved or against the property with respect to which registered land surveying or registered professional engineering or registered architectural ser vices were rendered or performed and to impose no personal liability upon the owner of the property; provided, however, that in such ac tion for recovery, the owner of the real estate improved or the real estate with respect to which registered land surveying or registered professional engineering or registered architectural services were rendered or performed, who has paid the agreed price or any part of same, may set up the payment in any action brought and prove by competent and relevant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the prop erty improved or against the property with respect to which registered land surveying or registered professional engineering or registered ar chitectural services were rendered or performed;''.

TUESDAY, MARCH 9, 1982

1733

Section 3. Said article is further amended by striking Code Section 44-14-364 in its entirety and inserting in lieu thereof a new Code Section 44-14-364 to read as follows:
"44-14-364. When any person entitled under this part to claim a lien against any real estate located in this state files his lien in the of fice of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate or the contractor employed to improve the property may, before or after foreclosure proceedings are instituted, discharge the lien by filing a bond in the office of that clerk. The bond shall be conditioned to pay to the holder of the lien the sum that may be found to be due the holder upon the trial of any action that may be filed by the lienholder to recover the amount of his claim within 12 months from the time the claim be comes due. The bond shall be in one and one-half times the amount claimed under that lien and shall be either a bond with good security approved by the clerk of the court or a cash bond, and the bond shall be in the amount claimed under the lien. Upon the filing of the bond provided for in this Code section, the real estate shall be discharged from the lien. With respect to property bonds, the clerk shall not ac cept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of the property and indicating the record owner thereof, including any liens and en cumbrances and amounts thereof, the market value, and the value of the sureties' interest therein, which affidavit shall be executed by the owner or owners of the interest; the bond and affidavit shall be 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 attached affidavit."
Section 4. This Act shall become effective November 1,1982.
Section 5. All laws and parts of laws in conflict with this Act are 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 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 Bowen

Brantley Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal

Dean Eldridge English Engrain Fincher of 52nd Foster Garner

1734

JOURNAL OF THE SENATE

Gillis Hill Holloway Horton Howard Hudgins Kennedy Kidd Land

Lester McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Summers

Those not voting were Senators:

Brannon Cobb Evans

Fincher of 54th Greene Hudson

Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels
Littlefield Reynolds Thompson

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1335. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to provide for a statement of purpose; to provide for the declaration of an emergency with regard to jail and prison overcrowding by the Governor; to provide for the release of state prison inmates by the State Board of Pardons and Paroles without regard to time-served require ments; to amend the Official Code of Georgia Annotated accordingly. Senate Sponsor: Senator Starr of the 44th.
The Senate Committee on Offender Rehabilitation offered the following substitute to HB 1335:
A BILL
To be entitled an Act to provide for a statement of purpose; to pro vide for the declaration of an emergency with regard to jail and prison overcrowding by the Governor; to provide for the release of certain state prison inmates by the State Board of Pardons and Paroles without regard to time-served requirements; to provide for definitions; to provide for certain reports to the General Assembly; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly recognizes that the number of per sons convicted of crimes in the State of Georgia and sentenced to serve terms of imprisonment in the state prison system has increased greatly in

TUESDAY, MARCH 9, 1982

1735

recent years; that, under the moral requirements of humane treatment for prisoners, there is a limit to the present capacity of penal institutions comprising the prison system of the State of Georgia; that, because of the limited present capacity of the state penal system, there is a resulting crisis in overcrowding of local jail and detention facilities due to the backlog of convicted persons awaiting transfer to the state prison system; that the delay in time required to construct new state prison facilities in order to increase the capacity of the state prison system would cause lit tle present relief of the crisis of overcrowding which exists in jail and local detention facilities; that there is an uncertainty as to future needs for additional capacity in the state prison system if alternatives to in carceration are adequately developed and utilized after the present crisis has passed; that there is an uncertainty as to the necessity for local governments to build additional bed space in jails and local detention facilities at their own expense to alleviate the present overcrowding crisis if the present state capacity may be better utilized to relieve that crisis; and, finally, that the release of state prison inmates not otherwise eligible for release on parole is necessary to alleviate the overcrowded prison system during a declared emergency. It is the purpose of this Act to authorize the Governor and the State Board of Pardons and Paroles to remedy an emergency with regard to the overcrowding of the state prison system.
Parti
Section 2. As used in this Act, the term:
(1) "Population" shall mean the actual number of inmates present in the correctional institutions of the state prison system and shall not in clude state inmates assigned to county operated correctional institutions.
(2) "Capacity" shall mean the actual bed space in the prison system of the State of Georgia now or in the future, as certified by the commis sioner of the Department of Offender Rehabilitation and approved by the director of the Office of Planning and Budget.
(3) "Dangerous offender" means a state prison inmate who is im prisoned for conviction of any one or more of the following crimes as defined by the Criminal Code of Georgia: murder, voluntary man slaughter, kidnapping, armed robbery, rape, aircraft hijacking, ag gravated sodomy, aggravated battery, aggravated assault, incest, child molestation, or enticing a child for indecent purposes, or any felony punishable under Code Section 79A-811, relating to prohibited acts regarding marijuana and controlled substances. The term 'dangerous of fender' shall also include an inmate who is incarcerated for a second or subsequent time for the commission of a crime for which the inmate could have been sentenced to life imprisonment.
Section 3. The Governor, upon certification by the commissioner of the Department of Offender Rehabilitation and approval by the director of the Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity for 30 con secutive days, may, within five days of receipt of the commissioner's cer tification, declare a state of emergency with regard to jail and prison overcrowding.

1736

JOURNAL OF THE SENATE

Section 4. Upon the declaration of a state of emergency with regard to the jail and prison overcrowding by the Governor, the State Board of Pardons and Paroles shall select sufficient state prison inmates to reduce the state prison population to 100 percent of its capacity and issue such selected inmates a parole, but no dangerous offender shall be eligible for selection by the State Board of Pardons and Paroles. The selection of state prison inmates to be released under the authority contained herein may be made without regard to limitations placed upon the service of a portion of the prison sentence provided by an Act to create the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly by an Act approved March 18, 1964 (Ga. L. 1964, p. 487).
Section 5. It shall be the duty of the Director of the Office of Plan ning and Budget to prepare an annual report on prison inmates who are paroled pursuant to this Act. Such report shall summarize each such former inmate's behavior since parole and generally evaluate the former inmate's success or lack of success in becoming a law-abiding member of society. The annual report shall be filed with the Clerk of the House and the Secretary of the Senate on or before December 31, with the first such report submitted by December 31 of the first year that prison inmates are paroled pursuant to this Act. A notice of the filing of this report shall be submitted to each member of the General Assembly when the annual report is filed with the Clerk of the House and Secretary of the Senate. Copies of this report shall be made available to members of the General Assembly upon their request. The State Board of Pardons and Paroles, the Department of Offender Rehabilitation, and other departments and agencies of the state government shall cooperate with and assist the Director of the Office of Planning and Budget in developing the informa tion necessary to prepare the annual reports required by this section.
Part 2
Section 6. Article 3 of Title 42 of the Official Code of Georgia An notated, relating to granting of pardons, paroles, and other relief by the State Board of Pardons and Paroles, is amended by adding at the end thereof a new Code Section 42-9-60 to read as follows:
"42-9-60. (a) As used in this Code section, the term:
(1) 'Capacity' shall mean the actual bed space in the prison system of the State of Georgia now or in the future, as certified by the com missioner of the Department of Offender Rehabilitation and approved by the director of the Office of Planning and Budget.
(2) 'Dangerous offender' means a state prison inmate who is im prisoned for conviction of any one or more of the following crimes as defined by the Criminal Code of Georgia: murder, voluntary manslaughter, kidnapping, armed robbery, rape, aircraft hijacking, aggravated sodomy, aggravated battery, aggravated assault, incest, child molestation, or enticing a child for indecent purposes, or any felony punishable under Code Section 16-13-31, relating to prohibited acts regarding marijuana, cocaine, and illegal drugs. The term 'dangerous offender' shall also include an inmate who is incarcerated for a second or subsequent time for the commission of a crime for which the inmate could have been sentenced to life imprisonment.

TUESDAY, MARCH 9, 1982

1737

(3) 'Population' shall mean the actual number of inmates present in the correctional institutions of the state prison system and shall not include state inmates assigned to county operated correctional institu tions.
(b) The Governor, upon certification by the commissioner of the Department of Offender Rehabilitation and approval by the director of the Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity for 30 con secutive days, may, within five days of receipt of the commissioner's certification, declare a state of emergency with regard to jail and prison overcrowding.
(c) Upon the declaration of a state of emergency with regard to the jail and prison overcrowding by the Governor, the State Board of Par dons and Paroles shall select sufficient state prison inmates to reduce the state prison population to 100 percent of its capacity and issue such selected inmates a parole, but no dangerous offender shall be eligible for selection by the State Board of Pardons and Paroles. The selection of state prison inmates to be released under the authority contained herein may be made without regard to limitations placed upon the service of a portion of the prison sentence provided by Code Section 42-9-45.
(d) It shall be the duty of the director of the Office of Planning and Budget to prepare an annual report on prison inmates who are paroled pursuant to this Code section. Such report shall summarize each such former inmate's behavior since parole and generally evaluate the former inmate's success or lack of success in becoming a law-abiding member of society. The annual report shall be filed with the Clerk of the House and the Secretary of the Senate on or before December 31, with the first such report submitted by December 31 of the first year that prison inmates are paroled pursuant to this Code section. A notice of the filing of this report shall be submitted to each member of the General Assembly when the annual report is filed with the Clerk of the House and the Secretary of the Senate. Copies of this report shall be made available to members of the General Assembly upon their re quest. The State Board of Pardons and Paroles, the Department of Of fender Rehabilitation, and other departments and agencies of the state government shall cooperate with and assist the director of the Office of Planning and Budget in developing the information necessary to prepare the annual reports required by this subsection.''
Parts
Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1,1982.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

1738

JOURNAL OF THE SENATE

Senators Garner of the 30th and Dean of the 31st offered the following amend ment:

Amend the substitute to HB 1335 offered by the Senate Committee on Offender Rehabilitation by adding on line 3, Page 3 and line 14 on Page 5 after the word "molestation," the following:
"child abuse,"

On the adoption of the amendment, the yeas were 43, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 41, nays 2, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Bond Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Dean Engram Evans

Fincher of 52nd Fincher of 54th Foster Gillis Holloway Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Timmons Turner Wessels

Those voting in the negative were Senators:

Barker Barnes Bell Brannon Brantley Coverdell Deal

Eldridge English Garner Greene Hill Horton Land

Stumbaugh Sutton Tate Thompson Trulock Tysinger Walker

On the passage of the bill, the yeas were 35, nays 21.

TUESDAY, MARCH 9, 1982

1739

The bill, having received the requisite constitutional majority, was passed by substitute.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1335.

The President announced that the Senate would stand in recess from 12:45 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1399. By Representative Ross of the 76th:
A bill to amend an Act known as the "Georgia Professional Standards Act," so as to delete the expiration date from said Act; to amend the Of ficial Code of Georgia Annotated accordingly.
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:

Ballard Barker Barnes Brown of 47th Bryant
Cobb Coverdell
Deal Dean Eldridge Engram

Fincher of 52nd Foster Garner Greene Hill
Howard Hudgins
Hudson Kennedy Lester McGill

Reynolds Robinson Scott Starr Stephens
Stumbaugh Summers
Trulock Turner Tysinger

Those not voting were Senators:

Allgood Bell Bond

Bowen Brannon Brantley

Broun of 46th Coleman English

1740
Evans Fincher of 54th Gillis Holloway Horton

JOURNAL OF THE SENATE

Kidd Land
Littlefield McKenzie Sutton

Tate Thompson
Timmons Walker Wessels

On the passage of the bill, the yeas were 32, 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 26 and postponed until March 8, was put upon its passage:

SB 684. By Senators Engram of the 34th, Starr of the 44th, Gillis of the 20th and others:
A bill to amend Code Chapter 88-3A, relating to public health law inspec tion warrants, so as to change the definition of inspection warrant; to provide for persons who may obtain inspection warrants; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

Senator Engram of the 34th offered the following substitute to SB 684:
A BILL
To be entitled an Act to amend Code Chapter 88-3A, relating to public health law inspection warrants, approved April 18, 1975 (Ga. L. 1975, p. 693), so as to change the definition of inspection warrant; to pro vide for persons who may obtain inspection warrants; to provide for other matters relative thereto; to amend the Official Code of Georgia An notated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 88-3A, relating to public health law inspec tion warrants, approved April 18, 1975 (Ga. L. 1975, p. 693), is amended by striking Code Sections 88-301A and 88-302A, which read as follows:
"88-301A. Definitions.--Unless a different meaning is required by the context, the following term as used in this Chapter shall have the meaning hereinafter respectively ascribed to it:
(a) 'Public Health Law' means Chapters 1, 2, 10, 11, 12, 13, 14, 15, 16, 19, 27, 28, and 31 of this Title 88 of the Code of Georgia and any rule or regulation duly promulgated thereunder.

TUESDAY, MARCH 9, 1982

1741

(b) 'Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of a 'public health law.'
88-302A. Persons who may obtain inspection warrants.--The Commissioner of Human Resources or his delegate, and the director of any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant, under the con ditions specified in this Chapter, authorizing him, or his agents, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under Code Title 88, the Georgia Health Code, as amended.",

and substituting in lieu thereof the following two new Code sections to read as follows:
"88-301A. Definitions. Unless a different meaning is required by the context, as used in this Chapter, the term 'inspection warrant' means a warrant authorizing a search or inspection of private proper ty where such a search or inspection is one that is necessary to deter mine health conditions within a private boarding school or is necessary for the enforcement of any of the provisions of laws authorizing licensure by the Department of Human Resources or a local agency thereof; provided, however, that use of the inspection warrant shall be limited to private boarding schools and those type facilities which are required to be licensed by the Department of Human Resources in accordance with state law.
88-302A. Persons who may obtain inspection warrants. The Commissioner of Human Resources or his delegate, and the director of any county board of health may obtain an inspection warrant, under the conditions specified in this Chapter, authorizing him, or his agents, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is necessary to determine health conditions within a private boarding school or is one that is elsewhere authorized under a provision of law which authorizes licen sure by the Department of Human Resources or a local agency thereof."
Part 2
Section 2. Article 2 of Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to public health law inspection warrants, is amended by striking Code Sections 31-5-20 and 31-5-21 and substituting in lieu thereof new Code sections to read as follows:
"31-5-20. As used in this chapter, the term 'inspection warrant' means a warrant authorizing a search or inspection of private proper ty where such a search or inspection is one that is necessary to deter mine health conditions within a private boarding school or is

1742

JOURNAL OF THE SENATE

necessary for the enforcement of any of the provisions of laws authorizing licensure by the Department of Human Resources or a local agency thereof; provided, however, that use of the inspection warrant shall be limited to private boarding schools and those type facilities which are required to be licensed by the Department of Human Resources in accordance with state law.
31-5-21. The commissioner or his delegate or the director of any county board of health may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or the director of any county board of health, or the agents of either, or the Department of Agriculture, as appropriate, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is necessary to determine health conditions within a private boarding school or is one that is elsewhere authorized under this title or any provision of law which authorizes licensure by the Department of Human Resources or a local agency thereof, pro vided that only the Commissioner of Agriculture shall have the authority to obtain an inspection warrant in connection with matters arising under Chapter 25 of this title."
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Engram of the 34th offered the following amendment:
Amend the substitute to SB 684 offered by Senator Engram of the 34th by striking on line 14, Page 4, the word "under".

On the adoption of the amendment offered by Senator Engram of the 34th to the substitute to SB 684 offered by Senator Engram of the 34th, the President
ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Brantley Bryant Cobb Coleman

Deal Dean Eldridge Engram Fincher of 52nd Fincher of 54th Foster

Garner Greene Hill Horton Howard Hudgins Hudson

Kennedy Lester McGill Reynolds Robinson

TUESDAY, MARCH 9, 1982

1743

Scott Starr Stephens Stumbaugh

Summers Trulock Turner Tysinger

Those not voting were Senators:

Allgood Ballard Bond
Bowen Brannon Broun of 46th Brown of 47th Coverdell

English Evans Gillis
Holloway Kidd Land Littlefield

McKenzie Sutton Tate
Thompson Timmons Walker Wessels

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

On the adoption of the substitute to SB 684 offered by Senator Engram of the 34th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes
Bell Brantley Brown of 47th Bryant
Cobb Coverdell
Deal Dean Eldridge
Engram Fincher of 52nd Fincher of 54th

Foster
Garner Gillis Greene Hill
Horton Howard
Hudgins Hudson Kennedy
Lester McGill

Those not voting were Senators:

Allgood Ballard Barker Bond Bowen Brannon Broun of 46th

Coleman English Evans Holloway Kidd Land

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Trulock Turner Tysinger Walker
Littlefield McKenzie Tate Thompson Timmons Wessels

1744

JOURNAL OF THE SENATE

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, 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:

Barnes Bell Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Fincher of 54th Foster Garner Gillis Greene Hill Howard Hudgins Hudson Kennedy Kidd Lester

McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Trulock Turner Tysinger Walker

Voting in the negative was.Senator Fincher of 52nd.

Those not voting were Senators:

Allgood Ballard Barker Bond Bowen Brannon

Broun of 46th Evans Holloway Horton Land Littlefield

McKenzie Summers Tate Thompson Timmons Wessels

On the passage of the bill, the yeas were 37, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 684.
Senator Deal of the 49th introduced the doctor of the day, Dr. John Darden, of Gainesville, Georgia.

TUESDAY, MARCH 9, 1982

1745

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 1386. By Representative Bishop of the 94th:
A bill to amend Chapter 2 of Title 30 of the Official Code of Georgia An notated, relating to the Georgia Factory for the Blind, so as to redesignate said agency as the Georgia Industries for the Blind; to change a reference to factory to industry or industries.
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:

Ballard Barker Barnes Bell Bond 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

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bowen Brannon Brantley

Broun of 46th Land Littlefield

Tate Timmons Wessels

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

1746

JOURNAL OF THE SENATE

SB 103. By Senator Howard of the 42nd:
A bill to amend Code Section 42-302B, prohibiting certain representa tions relating to the sale of Kosher food, so as to remove certain exemp tions relating to advertising.

The Senate Committee on Consumer Affairs offered the following substitute to SB 103:

A BILL
To be entitled an Act 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; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 42-302B, prohibiting certain representations relating to the sale of Kosher food, is hereby amended by adding in the second sentence thereof after the following:
" 'Glatt,' ",
the following:
" 'KosherStyle,' ",
and by striking in its entirety the last sentence thereof which reads as follows:
"Nothing contained in this section shall prohibit the use of the words 'Kosher Type' or 'Kosher Style Food' in advertising.",
so that when so amended said Code section shall read as follows:
"42-302B. Sale of Kosher food. No person, with intent to defraud, shall sell, prepare, or expose for sale food which such person falsely represents to be Kosher food. A person may not falsely represent any food or the contents of any package or container to be Kosher or Kosher for Passover by having or permitting to be inscribed on it, in any language, the words 'Kosher,' 'Parve,' 'Glatt,' 'Kosher Style,' or 'Rabbinical Supervision.' "

TUESDAY, MARCH 9, 1982

1747

Part 2
Section 2. Code Section 26-2-331 of the Official Code of Georgia An notated, relating to sale and preparation of Kosher food, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) No person shall falsely represent any food or the contents of any package or container to be Kosher or Kosher for Passover by hav ing or permitting to be inscribed on it, in any language, the words 'Kosher,' 'parve,' 'glatt,' 'Kosher style,' or'rabbinical supervision.' "
Section 3. Said Code section is further amended by striking subsec tion (c) thereof, which reads as follows:
"(c) Nothing contained in this Code section shall prohibit the use of the words 'Kosher type' or 'Kosher style food' in advertising."
Part3
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are 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 Barnes Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Evans Fincher of 52nd Foster Garner Gillis Greene Hill Holloway Howard

Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson Scott

1748

JOURNAL OF THE SENATE

Starr Stephens Stumbaugh Summers

Sutton Thompson Turner

Tysinger Walker Wessels

Those not voting were Senators:

Allgood Bell Bond Bowen Brannon

Broun of 46th Engram Fincher of 54th Horton

Land Tate Timmons Trulock

On the passage of the bill, the yeas were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1259. By Representative Adams of the 36th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act," so as to change the maximum amount of bonds and notes which the authority may have outstanding at any one time; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Bell of the 5th.
The Senate Committee on County and Urban Affairs offered the following substitute to HB 1259:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, so as to remove the requirement that notes issued by the authority must be secured by a capital reserve fund; to pro vide that notes issued by the authority may be limited as well as general obligations of the authority; to change the composition of the authority; to enlarge the investment options of the authority; to clarify the uses of income earned on authorized investments of the authority; to change the maximum amount of bonds and notes which the authority may have outstanding at any one time; to change the commingling restrictions on the funds of the authority; to change the cross-liability restrictions on the funds of the authority; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 9, 1982

1749

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, is amended by striking in their entirety paragraphs (b) and (1) of Section 3 and inserting in lieu thereof new paragraphs (b) and j 1) in the proper alphabetical sequence to read as follows:
"(b) 'Bonds' shall mean the bonds issued by the Authority, and such bonds shall be general obligations of the Authority.
.Wherever the words 'bond' or 'bonds' appear in sections 9, 11 and 13 of this Act, they shall be deemed to include the words 'note' or 'notes' as defined in subsection (1) of this section.
(1) 'Notes' shall mean the notes issued by the Authority, and such notes may be limited or general obligations of the Authority."
Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 5 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Authority shall be composed of nine members as follows:
(1) the Governor, or in the event he is unable to attend a meeting, the Director of the Office of Planning and Budget;
(2) the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commission;
(3) the Commissioner of the State Department of Community Af fairs; and
(4) six public members.
No more than two public members shall be residents of the same congressional district. At least two of the public members appointed by the Governor shall reside outside of the Standard Metropolitan Statistical Areas of the State and at least one such public member shall reside within one of the Standard Metropolitan Statistical Areas of the State. One of the public members shall be an active family farmer. Public members shall serve for four-year terms, except as otherwise provided by law. Such public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term. The public members of the Georgia Residential Finance Authority shall be subject to the code of ethics covering members of boards, commissions and Authorities heretofore adopted (Ga. L. 1976, p. 344) and shall be subject to removal for viola tion thereof in the same manner (Ga. L. 1976, p. 344). Any vacancy

1750

JOURNAL OF THE SENATE

created by any such removal for cause shall be filled by the Governor. The Authority shall elect a Chairman who shall be chief executive of ficer of the Authority, and a Secretary. The members of the Authority may appoint an Executive Director, who shall be a person experienc ed in mortgage lending, home building or real estate development. The Executive Director shall become an ex officio nonvoting member of the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Authority. A majority of members then in office shall constitute a quorum for the transaction of any business and for the ex ercise of any power or function of the Authority. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Except for the issuance of debt, the Authority may delegate to one or more of its members, the Executive Director, agent or agents, or employees such power and duties as it may deem proper. The public members of the Authority shall be compensated in the amount of $44 per day, plus actual ex penses incurred, for each day's service spent in the performance of the duties of the Authority; provided, however, such compensation shall be limited to 30 days during any one fiscal year, unless one of the public members is elected Chairman, in which event such compensa tion shall be limited to 100 days during any one fiscal year. The per manent members shall be reimbursed for actual expenses incurred in the performance of their duties under this Act."
Section 3. Said Act is further amended by striking in its entirety paragraph (14) of subsection (a) of Section 6 and inserting in lieu thereof a new paragraph (14) to read as follows:
"(14) subject to any agreement with bondholders, to invest monies of the Authority not required for immediate use to carry out the purposes of this Chapter, including the proceeds from the sale of any bonds and any monies held in reserve funds, in obligations which shall be limited to the following:
(A) bonds or other obligations of the State, or bonds or other obligations the principal and interest of which are guaranteed by the State;
(B) bonds or other obligations of the United States or of sub sidiary corporations of the United States Government fully guaranteed by such government;
(C) obligations of agencies of the United States Government issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives;
(D) bonds or other obligations issued by any public housing agen cy or municipality in the United States, which such bonds or obliga tions are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States Government, or project notes issued by any public housing agency, urban renewal agency or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan or payment agree ment with the United States Government;

TUESDAY, MARCH 9, 1982

1751

(E) certificates of deposit of national or State banks located within the State which have deposits insured by the Federal Deposit In surance Corporation or the Georgia Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and State building and loan associations located within the State which have deposits insured by the Federal Savings and Loan Insurance Cor poration or the Georgia Deposit Insurance Corporation (including the certificates of deposit of any bank, savings and loan association or building and loan association acting as depository, custodian or trustee for any such bond proceeds); provided, however, that the por tion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Cor poration, if any, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or State bank located within the State of one or more of the following securities in an ag gregate principal amount equal at least to the amount of such excess: direct and general obligations of the State, or of any county or municipality in the State, obligations of the United States or sub sidiary corporations included in subparagraph (B) above, obligations of the agencies of the United States Government included in subparagraph (C) above, or bonds, obligations or project notes of public housing agencies, urban renewal agencies or municipalities included in subparagraph (D) above.
and
(F) interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least fifty million dollars ($50,000,000) or with any government bond dealer reporting to, trading with and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least fifty million dollars ($50,000,000) or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956; provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement or other similar banking arrangement shall permit the monies so placed to be available for use at the time provided with respect to the investment or reinvestment of such monies; and provid ed further that all monies in each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement or other similar banking arrangement shall be continuous ly and fully secured by obligations described in subparagraphs (A), (B), (C) or (D) of this paragraph, equal at all times to the amount of the interest-bearing time deposits, repurchase agreement, reverse repur chase agreement, rate guarantee agreement or other similar banking arrangement;".

1752

JOURNAL OF THE SENATE

Section 4. Said Act is further amended by adding between paragraphs (14) and (15) of subsection (a) of Section 6 a new paragraph, to be designated paragraph (14A), to read as follows:
"(14A) to use income earned on any investment authorized in paragraph (14) of subsection (a) of Section 6 above for such corporate purposes of the Authority as the Authority in its discretion shall deter mine and provide;".
Section 5. Said Act is further amended by striking in its entirety paragraph (3) of subsection (a) of Section 9 and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) The authority shall not have outstanding at any one time bonds and notes for its multi-family residential housing program in an aggregate principal amount exceeding $150 million, excluding bonds and notes issued to refund outstanding bonds and notes.''
Section 6. Said Act is further amended by striking in their entirety paragraphs (5) and (6) of subsection (a) of Section 9 and inserting in lieu thereof new paragraphs (5) and (6) to read as follows:
"(5) On or after May 1, 1981, the Authority shall at no time com bine funds, revenues or proceeds derived from the issuance of bonds and notes used to fund the single-family residential housing program or the multi-family residential housing program with the funds, revenues or proceeds derived from the issuance of bonds or notes used to fund the family farm program.
(6) On or after May 1, 1981, the funds, revenues or proceeds derived from the issuance of bonds and notes used to fund the singlefamily residential housing program or the multi-family residential housing program shall not be liable for any deficit, default, or failure of the family farm program, nor shall the funds, revenues or proceeds derived from the issuance of bonds and notes used to fund the family farm program be liable for any deficit, default, or failure of either the single-family or the multi-family residential housing programs."
Part 2
Section 7. Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authori ty Act," is amended by striking in their entirety paragraphs (3) and (13) of Code Section 8-3-172 and inserting in lieu thereof in the proper numerical sequence new paragraphs (3) and (13) to read as follows:
"(3) 'Bonds' means the bonds issued by the authority. Such bonds shall be general obligations of the authority. Wherever the word 'bond' or 'bonds' appears in Code Section 8-3-183, it shall be deemed to include the word 'note' or 'notes' as defined in paragraph (13) of this Code section.
(13) 'Notes' means the notes issued by the authority. Such notes may be limited or general obligations of the authority."

TUESDAY, MARCH 9, 1982

1753

Section 8. Said article is further amended by striking in its entirety subsection (a) of Code Section 8-3-174 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The authority shall be composed of nine members, as follows:
(1) The Governor, or in the event he is unable to attend a meeting, the director of the Office of Planning and Budget;
(2) The director of the Financing and Investment Division of the Georgia State Financing and Investment Commission;
(3) The commissioner of community affairs; and
(4) Six public members to be appointed by the Governor."
Section 9. Said article is further amended by striking in its entirety subsection (b) of Code Section 8-3-174 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) No more than two public members shall be residents of the same congressional district. At least two of the public members shall reside outside of the standard metropolitan statistical areas of the state, and at least one public member shall reside within one of the standard metropolitan statistical areas of the state. One of the public members shall be an active family farmer. Public members shall serve four-year terms, except as otherwise provided by law. Public members shall continue in office until their successors have been ap pointed and have qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term. The public members shall be subject to the code of ethics cover ing members of boards, commissions, and authorities as contained in Code Sections 45-10-3 through 45-10-5 and shall be subject to removal for violation of that code of ethics as provided in those Code sections. Any vacancy crated by any such removal for cause shall be filled by the Governor."
Section 10. Said article is further amended by striking in its entirety paragraph (14) of subsection (a) of Code Section 8-3-176 and inserting in lieu thereof a new paragraph (14) to read as follows:
"(14) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this article, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following:
(A) Bonds or other obligations of the state, or bonds or other obligations the principal and interest of which are guaranteed by the state;

1754

JOURNAL OF THE SENATE

(B) Bonds or other obligations of the United States or of sub sidiary corporations of the United States government fully guaranteed by such government;
(C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives;
(D) Bonds or other obligations issued by any public housing agen cy or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agree ment with the United States government;
(E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Cor poration or the Georgia Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the por tion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Cor poration, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
(i) Direct and general obligations of the state or of any county or municipality in the state;
(ii) Obligations of the United States or subsidiary corporations in cluded in subparagraph (B) of this paragraph;
(iii) Obligations of agencies of the United States government in cluded in subparagraph (C) of this paragraph; or
(iv) Bonds, obligations, or project notes of public housing agen cies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; and
(F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any

TUESDAY, MARCH 9, 1982

1755

government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall per mit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; and provided, further, that all moneys in each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall be continuously and fully secured by obligations described in subparagraphs (A), (B), (C), or (D) of this paragraph, equal at all times to the amount of the interest-bearing time deposits, repurchase agree ment, reverse repurchase agreement, rate guarantee agreements, or other similar banking arrangement;''.
Section 11. Said article is further amended by striking in its entirety paragraph (26) of subsection (a) of Code Section 8-3-176 and inserting in lieu thereof new paragraphs (26) and (27) to read as follows:
"(26) To do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this article;
(27) To use income earned on any investment authorized in paragraph (14) of this subsection for such corporate purposes of the authority as the authority in its discretion shall determine and pro vide."
Section 12. Said article is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 8-3-180 and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) The authority shall not have outstanding at any one time bonds and notes for its multi-family residential housing program in an aggregate principal amount exceeding $150 million, excluding bonds and notes issued to refund outstanding bonds and notes."
Section 13. Said article is further amended by striking in their entire ty paragraphs (5) and (6) of subsection (a) of Code Section 8-3-180 and in serting in lieu thereof new paragraphs (5) and (6) to read as follows:
"(5) On or after May 1, 1981, the authority shall at no time com bine funds, revenues, or proceeds derived from the issuance of bonds and notes used to fund the single-family residential housing program or the multi-family residential housing program with the funds, revenues, or proceeds derived from the issuance of bonds or notes used to fund the family farm program.
(6) On or after May 1, 1981, the funds, revenues, or proceeds derived from the issuance of bonds and notes used to fund the singlefamily residential housing program or the multi-family residential housing program shall not be liable for any deficit, default, or failure

1756

JOURNAL OF THE SENATE

of the family farm program; nor shall the funds, revenues, or proceeds derived from the issuance of bonds and notes used to fund the family farm program be liable for any deficit, default, or failure of either the single-family or the multi-family residential housing programs."
Part3
Section 14. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
jc) Part 2 of this Act shall become effective on November 1, 1982.
Section 15. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Foster Garner Gillis Greene Hill Holloway Howard Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Thompson Trulock Turner Tysinger Walker Wessels

Voting in the negative were Senators Broun of 46th and Hudgins.

TUESDAY, MARCH 9, 1982

1757

Those not voting were Senators:

Allgood Bowen
Brannon Brantley

Fincher of 54th Horton Land

Stephens Tate Timmons

On the passage of the bill, the yeas were 44, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.
HB 638. By Representatives Fuller of the 16th, Adams of the 14th and Childers of the 15th:
A bill to amend the "Children and Youth Act", so as to change the defini tion relating to family day-care homes.
Senate Sponsor: Senator Kidd of the 25th.
The Senate Committee on Human Resources offered the following substitute to HB638:
A BILL
To be entitled an Act to amend the "Children and Youth Act," ap proved March 14, 1963 (Ga. L. 1963, p. 81), as amended, so as to change the definitions relating to child welfare agencies, family day-care homes and day-care centers; to define the term "group day-care home"; to change certain references; to require registrations in certain situations; to require review of certain regulations; to require the Department of Human Resources to publish guidelines for day-care; to provide for fire inspections of group day-care homes and day-care centers; to provide for the review, modification, and application of fire safety codes; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. The "Children and Youth Act," approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, is amended by striking in its entirety subsection (r) of Section 3 and inserting in lieu thereof a new subsection (r) to read as follows:
"(r) 'Child welfare agency,' as used in Section 14 of this Act, shall mean: 'child-caring institution,' 'child-placing agency,' 'maternity home,' 'family boarding home,' 'family day-care home,' 'group daycare home,' and 'day-care center.' "

1758

JOURNAL OF THE SENATE

Section 2. Said Act is further amended by striking in their entirety subsections (w) and (x) of Section 3, which read as follows:
"(w) 'Family day-care home' shall mean a home operated by any person who receives therein for pay three (3) or more children under seventeen (17) years of age, who are not related to such person and whose parents or guardians are not residents in the same house, for daytime supervision and care, without transfer of custody.
(x) 'Day-care center' shall mean any place operated by a person, society, agency, corporation or institution, or any group wherein are received for pay seven (7) or more children under eighteen (18) years of age for group care, without transfer of custody, for less than twenty-four (24) hours per day.'',
and inserting in lieu thereof new subsections (w), (x), and (y) to read as follows:
"(w) 'Family day-care home' shall mean a private residence operated by any person who receives therein for pay three but not more than six children under 18 years of age, who are not related to such person and whose parents or guardians are not residents in the same private residence, for supervision and care, without transfer of custody, for less than 24 hours per day.
(x) 'Day-care center' shall mean any place operated by a person, society, agency, corporation or institution, or any group wherein are received for pay 19 or more children under 18 years of age for group care, without transfer of custody, for less than 24 hours per day.
(y) 'Group day-care home' shall mean any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day.''
Section 3. Said Act is further amended by striking subsection (a) of Section 14 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Annual License; Standards.--All child welfare agencies, as defined in subsection (r) of Section 3 of this Act, shall be licensed an nually by the department in accordance with procedures, standards, rules, and regulations to be established by the Board; provided, however, that, in lieu of licensure, the department shall require per sons who operate family day-care homes to register with the depart ment. The Board shall develop and publish standards for licensing of child welfare agencies. A license issued to a child welfare agency shall be deemed approval of all family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by the licensed agency as a part of its work, subject to provisions of this Act and rules and regulations of the Board.
(2) The department shall have the responsibility to review existing day-care regulations to determine which regulations are necessary to safeguard and protect the well-being and general welfare of children

TUESDAY, MARCH 9, 1982

1759

and youth, which regulations could more appropriately be issued as guidelines for quality day care, and which regulations unnecessarily restrict the delivery of day-care services. A list of proposed rule changes shall be submitted to the Board of Human Resources no later than November 1, 1982. Copies of the proposed changes shall be sub mitted to the Lieutenant Governor, the Speaker of the House of Representatives, and the chairmen of the Senate Human Resources Committee and the House Health and Ecology Committee.
(3) No later than December 31, 1982, the department shall publish and make available to day-care centers and interested persons a list of guidelines for quality child care."
Section 4. Said Act is further amended by adding between Sections 14 and 15 a new section, to be designated Section 14A, to read as follows:
"Section 14A. Fire Inspections, (a) Fire inspections of group daycare homes and day-care centers shall be performed by local fire departments or local fire marshals. Such local fire departments or local fire marshals shall be responsible for enforcing fire safety- stan dards within their jurisdictions and shall:
(1) Conduct fire safety inspections of group day-care homes and day-care centers at least once a year using the 1973 Life Safety Code (NFPA Standard 101) of the National Fire Protection Association as modified for day-care centers by the Board of Human Resources or us ing any subsequent applicable code adopted by such Board pursuant to Section 14B; and
(2) Issue permanent and temporary certificates of occupancy.
(b) If local fire departments or local fire marshals are unable or un willing to perform fire inspections of group day-care homes and daycare centers, the department shall assume such responsibility."
Section 5. Said Act is further amended by adding between Sections 14A and 15 a new section, to be designated Section 14B, to read as follows:
"Section 14B. Fire Safety Codes. The department shall have the responsibility to review new fire safety codes and make recommenda tions to the Board. The Board may modify any new fire safety codes. Any day-care center constructed after November 1, 1982, shall com ply with such codes; provided, however, that day-care centers in operation, under construction, or with approved plans prior to November 1, 1982, shall comply with the 1973 Life Safety Code (NFPA Standard 101) of the National Fire Protection Association as modified for day-care centers by the Board and shall remain in com pliance with that code as modified as long as the day-care center is operated at the same location."

1760

JOURNAL OF THE SENATE

Part 2
Section 6. Chapter 5 of Title 49 of the Official Code of Georgia An notated, relating to programs and protection for children and youth, is amended by striking in its entirety paragraph (4) of Code Section 49-5-3 and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Day-care center' means any place operated by a person, society, agency, corporation, institution, or group wherein are receiv ed for pay for group care for fewer than 24 hours per day without transfer of legal custody 19 or more children under 18 years of age."
Section 7. Said chapter is further amended by striking in its entirety paragraph (8) of Code Section 49-5-3 and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) 'Family day-care home' means a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, three but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence."
Section 8. Said chapter is further amended by adding at the end of Code Section 49-5-3 a new paragraph (18) to read as follows:
"(18) 'Group day-care home' means any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day."
Section 9. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 49-5-12 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) 'Child welfare agency' means any child-caring institution, child-placing agency, maternity home, family boarding home, family day-care home, group day-care home, and day-care center."
Section 10. Said chapter is further amended by striking in its entire ty subsection (b) of Code Section 49-5-12 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) All child welfare agencies, as defined in subsection (a) of this Code section, shall be licensed annually by the department in ac cordance with procedures, standards, rules, and regulations to be established by the board; provided, however, that the department shall require persons who operate family day-care homes to register with the department. The board shall develop and publish standards for licensing of child welfare agencies. A license issued to a child welfare agency shall be deemed approval of all family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by the licensed agency as a part of its work, sub ject to this article and rules and regulations of the board.

TUESDAY, MARCH 9, 1982

1761

(2) The department shall have the responsibility to review existing day-care regulations to determine which regulations are necessary to safeguard and protect the well-being and general welfare of children and youth, which regulations could more appropriately be issued as guidelines for quality day care, and which regulations unnecessarily restrict the delivery of day-care services. A list of proposed rule changes shall be submitted to the Board of Human Resources no later tha*n November 1, 1982. Copies of the proposed changes shall be sub mitted to the Lieutenant Governor, the Speaker of the House of Representatives, and the chairmen of the Senate Human Resources Committee and the House Health and Ecology Committee.
(3) No later than December 31, 1982, the department shall publish and make available to day-care centers and interested persons a list of guidelines for quality child care."
Section 11. Said chapter is further amended by adding between Code Sections 49-5-13 and 49-5-15 a new Code section, to be designated Code Section 49-5-14, to read as follows:
"49-5-14. (a) Fire inspections of group day-care homes and daycare centers shall be performed by local fire departments or local fire marshals. Such local fire departments or local fire marshals shall be responsible for enforcing fire safety standards within their jurisdic tions and shall:
(1) Conduct fire safety inspections of group day-care homes and day-care centers at least once a year using the 1973 Life Safety Code (NFPA Standard 101) of the National Fire Protection Association as modified for day-care centers by the Board of Human Resources or us ing any subsequent applicable code adopted by the said board pur suant to subsection (c); and
(2) Issue permanent and temporary certificates of occupancy.
(b) If local fire departments or local fire marshals are unable or un willing to perform fire inspections of group day-care homes and daycare centers, the department shall assume such responsibility.
(c) The department shall have the responsibility to review new fire safety codes and make recommendations to the board. The board may modify any new fire safety codes. Any day-care center con structed after November 1, 1982, shall comply with such codes; pro vided, however, that day-care centers in operation, under construc tion, or with approved plans prior to November 1, 1982, shall comply with the 1973 Life Safety Code (NFPA Standard 101) of the National Fire Protection Association as modified for day-care centers by the board and shall remain in compliance with that code as modified as long as the day-care center is operated at the same location."
Part 3
Section 12. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

1762

JOURNAL OF THE SENATE

(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 13. All laws and parts of laws in conflict with this Act are repealed.

Senators Kidd of the 25th and Greene of the 26th offered the following amend ment:

Amend the substitute to HB 638 offered by the Senate Committee on Human Resources by adding in the title on line 12 of Page 1, immediately preceding the words "to provide", the following:
"to provide certain exceptions to the requirements of Code Sec tion 26-2-371, relating to permits for the operation of food service establishments;".
By adding at the end of Section 10, immediately below line 35 on Page 7, the following:
"(4) After a family day-care home, group day-care home, or daycare center has been licensed or registered by the department as pro vided in this chapter, the facility shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that standards for food service have been incor porated in the regulations for licensing or registering such agencies."

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 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:

Ballard
Barker Barnes Bell Bond Bowen

Brannon
Brantley Broun of 46th Brown of 47th Bryant Cobb

Coleman
Coverdell Deal Dean Eldridge English

TUESDAY, MARCH 9, 1982

1763

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard

Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Scott

Starr Stephens Stumbaugh Summers Thompson Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Allgood Holloway (presiding)

Land Robinson

Tate Timmons

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 638.

HB 1249. By Representative Darden of the 19th:
A bill to amend an Act known as the "Development Authorities Law," so as to redefine the term "cost of project"; to amend the Official Code of Georgia Annotated accordingly.
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:

Ballard Barker Barnes

Bell Bond Bowen

Brannon Brantley Broun of 46th

1764
Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Fincher of 52nd Fincher of 54th

JOURNAL OF THE SENATE

Foster Garner Gillis Greene Hill Horton Howard Kennedy Kidd Lester Littlefield

McGill Reynolds Starr Stephens Sutton Tate Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Scott.

Those not voting were Senators:

Allgood Evans Holloway (presiding) Hudgins

Hudson Land McKenzie Robinson

Stumbaugh Summers Thompson Timmons

On the passage of the bill, the yeas were 43, nays 1.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:
SR 307. By Senators Ballard of the 45th, Fincher of the 54th, Tysinger of the 41st and others: A resolution urging the members of the Georgia delegation to the United States Congress to use their influence to persuade the United States Treasury Department to design and produce a national medal to honor the State of Georgia on the two hundred fiftieth anniversary of its found ing.
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:

TUESDAY, MARCH 9, 1982

1765

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brannon Brantley Brown of 47th Bryant Cobb Cole man 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 McKenzie

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Bowen Broun of 46th

Holloway (presiding) Hudgins

Hudson Land

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1337. By Representatives Lambert of the 112th and Argo of the 63rd: A bill to amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in in stitutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities while their con viction is on appeal; to change the provisions relative to the delivery of custody of inmates to the Department of Offender Rehabilitation. Senate Sponsor: Senator Starr of the 44th.

1766

JOURNAL OF THE SENATE

The Senate Committee on Offender Rehabilitation offered the following substitute to HB 1337:

A BILL
To be entitled an Act to amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in institutions under the control of the Department of Of fender Rehabilitation shall not remain in confinement in local prison facilities while their conviction is on appeal; to change the provisions relative to the delivery of custody of inmates to the Department of Of fender Rehabilitation; to change certain of the time limitations relative to the payment of counties for the reimbursement of costs of retaining custody of inmates awaiting assumption of their custody by the Depart ment of Offender Rehabilitation; to provide the necessary procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, is amended by strik ing in its entirety Code Section 42-5-50, relating to the transmission of in formation on convicted persons to the commissioner of the Department of Offender Rehabilitation and to the assignment and transportation of inmates to the place of detention, and substituting in lieu thereof a new Code Section 42-5-50 to read as follows:
"42-5-50. (a) Immediately upon the imposition of a sentence as provided in subsection (b) of Code Section 42-5-51, the clerk of the court shall notify the commissioner of the sentence and shall forth with dispatch, along with such notice, by mail, a complete history of the convicted person, upon forms provided by the commissioner. The history shall include a certified copy of the indictment, accusation, or both, a certified copy of the sentence, and such other information as the commissioner may require. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service.
(b) Within 15 days after the receipt of the information provided for in subsection (a) of this Code section, the commissioner shall assign the convicted person to a correctional institution designated by him in accordance with subsection (b) of Code Section 42-5-51. It shall be the financial responsibility of the correctional institution to provide for the picking up and transportation, under guard, of the inmate to his assigned place of detention. If the inmate is assigned to a county correctional institution or other county facility, the county shall assume such duty and responsibility.
(c) The department shall not be required to assume the custody of those inmates who have been convicted and sentenced prior to Janu ary 1, 1983, and because their conviction is under appeal have not been transferred to the custody of the department, until July 1, 1983.

TUESDAY, MARCH 9, 1982

1767

The state shall pay for each such inmate not transferred to the custody of the department the per diem rate specified by subsection (c) of Code Section 42-5-51 for each day the inmate remains in the custody of the county after the department receives the notice provided by subsection (a) on or after January 1, 1983.
(d) In the event that the convicted person is free on bond pending the appeal of his conviction, the notice provided for in subsection (a) shall not be transmitted to the commissioner until all appeals of such conviction have been disposed of or until the bond shall be revoked."
Section 2. Said chapter is further amended by striking from subsec tion (c) of Code Section 42-5-51, relating to the reimbursement of the county for incarceration of inmates awaiting transfer to the Department of Offender Rehabilitation, wherever it shall appear, the figure "30" and substituting in lieu thereof the figure "15", by deleting therefrom the phrase ", unless the sentence is under appeal,", and by striking therefrom "$5.00" and substituting in lieu thereof "$7.50", so that when so amended said subsection (c) of Code Section 42-5-51 shall read as follows:
"(c) After proper documentation is received from the clerk of the court, the department shall have 15 days to transfer an inmate under sentence to the place of confinement. If the inmate is not transferred within 15 days, the department will reimburse the county, in a sum not less than $7.50 per day per inmate and in such an amount as may be appropriated for this purpose by the General Assembly, for the cost of the incarceration, commencing 15 days after proper documen tation is received by the department from the clerk of the court. The reimbursement provisions of this Code section shall only apply to payment for the incarceration of felony inmates available for transfer to the department, except inmates under death sentence awaiting transfer after their initial trial, and shall not apply to inmates who were incarcerated under the custody of the commissioner at the time they were returned to the county jail for trial on additional charges or returned to the county jail for any other purposes, including for the purpose of a new trial."
Section 3. Said chapter is further amended by deleting in their en tirety Code Sections 42-5-54 through 42-5-56, which Code sections read as follows:
"42-5-54. Authority is granted to city and county jail officials, sentencing judges, the department, and the wardens and super intendents of all county and state correctional institutions to arrange for the temporary transfer to state or county correctional institutions of persons who have been convicted of crimes but who will likely be involved in lengthy or long-term appeals and thus forced to spend considerable time in jails or lockups which are not equipped to handle long-term inmates.
42-5-55. (a) Except in the circumstances described in subsections (b) and (c) of this Code section, the authority contained in Code Sec tion 42-5-54 shall not be exercised as to any particular convicted per-

1768

JOURNAL OF THE SENATE

son until and unless the person or his attorney or both have requested of the trial judge the desired transfer to a state or county correctional institution pending outcome of the appeal.
(b) The authority contained in Code Section 42-5-54 may be exer cised when the trial judge certifies in writing to the commissioner that the continued custody in the local jail or lockup of a person who has been convicted of the offense of murder, rape, kidnapping, or armed robbery constitutes a dangerous condition which the local jail or lockup is not equipped to meet or control.
(c) The authority contained in Code Section 42-5-54 may be exer cised when the trial judge certifies in writing to the commissioner that the continued custody in the local jail or lockup of a person whose testimony or actions contributed to the conviction of another person held in the same local jail or lockup presents a dangerous situation which the local jail or lockup is not equipped to meet or control.
(d) The commissioner may decline to accept any convicted person committed and transferred to his custody under the authority granted in this Code section if there is not adequate space in a state or county correctional institution to maintain the person.
42-5-56. The board is authorized to create and promulgate, in writing, reasonable rules and regulations which shall provide the methods and procedures for carrying out the authorization contained in Code Sections 42-5-54 and 42-5-55. The regulations may also pro vide for procedures and regulations governing the handling of the convicted persons, including requiring such work as may lawfully be permissible. No transfers under Code Sections 42-5-54 and 42-5-55 of persons convicted of crimes will be permitted until the board has adopted such rules and regulations."
Section 4. This Act shall become effective on January 1, 1983.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes

Bell Bond Brannon

Brantley Broun of 46th Brown of 47th

TUESDAY, MARCH 9, 1982

1769

Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Foster

Garner Gillis Hill Howard Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson

Scott Starr Stephens Stumbaugh Summers Sutton Tate Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Bowen Fincher of 54th Greene

Holloway (presiding) Horton Hudgins Hudson

Land Thompson Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 710. By Senators English of the 21st, Gillis of the 20th, Walker of the 19th and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Student Finance Authority Act," so as to provide for a program of grants to Georgia residents for at tendance at colleges of osteopathic medicine; to provide that such grants shall be in the form of loans cancellable by certain practice; to provide for governance of the program by the board of regents and administra tion of the program by the Georgia Student Finance 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:

Ballard Barker Barnes Bell

Bond Bowen Brannon Brantley

Bryant Cobb Coleman Deal

1770
Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene

JOURNAL OF THE SENATE

Hill Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson Scott

Starr Stephens Summers Sutton Tate Thompson Trulock Turner Walker Wessels

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Allgood Broun of 46th Brown of 47th Coverdell

Holloway (presiding) Horton Howard Hudgins

Hudson Land Stumbaugh Timmons

On the passage of the bill, the yeas were 43, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 713. By Senators Gillis of the 20th, Robinson of the 27th, Cobb of the 28th and others: A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving tractors, farm equipment and implements, or parts; to provide a policy statement; to provide defini tions; to provide for applicability; to provide that certain conduct is unlawful; to prohibit certain conduct and transactions; to provide an ef fective date.
The Senate Committee on Agriculture offered the following substitute to SB 713:
A BILL
To be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving farm equipment and implements or parts; to provide a policy statement; to provide defini tions; to provide for applicability; to provide that certain conduct is unlawful; to prohibit certain conduct and transactions; to provide for

TUESDAY, MARCH 9, 1982

1771

parts and inventory; to provide for warranty obligations and reim bursements; to provide for the applicability of the article to certain agreements and transactions; to provide for the termination of certain agreements and transactions; to provide for remedies; to provide that certain agreements and transactions are void and unenforceable; to pro vide for the repurchase of certain inventory; to provide for certain liabili ty; to provide for which agreements and transactions are covered by the article; 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. Chapter 8 of Title 13 of the Official Code of Georgia An notated, relating to illegal and void contracts is amended by adding at the end thereof the following:
"ARTICLES
13-8-31. The General Assembly finds that the distribution of farm equipment in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exer cise of its police power, it is necessary to regulate farm equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia in order to prevent frauds, unfair business prac tices, unfair methods of competition, impositions, and other abuses upon its citizens.
13-8-32. As used in this article, the term:
(1) 'Distributor' means any person, company, or corporation who sells or distributes farm equipment or implements or parts to tractor or farm equipment dealers or wholesalers and who maintains distributor representatives within the state.
(2) 'Distributor branch' means a branch office maintained by a distributor which sells or distributes farm equipment or implements or parts to tractor or farm equipment dealers or wholesalers.
(3) 'Distributor representative' means a representative employed by a distributor branch or distributor.
(4) 'Factory branch' means a branch office maintained by a manufacturer which manufactures and assembles farm equipment or implements or parts for sale to distributors, tractor or farm equipment dealers, or wholesalers or which is maintained for directing and supervising the representatives of the manufacturer.
(5) 'Factory representative' means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of farm equipment or implements or parts or for supervising, servicing, instructing, or contracting with farm equipment dealers or prospective dealers or wholesalers.

1772

JOURNAL OF THE SENATE

(6) 'Farm equipment dealer' means any person who sells, solicits, or advertises the sale of farm equipment to the consuming public. It shall not include (A) receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree, or order of any court; (B) public officers while performing their duties as such officers; (C) persons making casual sales of their own item of farm equipment not subject to sales tax under the laws of the State of Georgia; (D) persons engaged in the auction sale of farm equipment; or (E) dealers in used farm equipment.
(7) 'Farm equipment or implements' means those farm im plements primarily designed for use in agriculture.
(8) 'Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer or distributor grants to a wholesaler permission to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of farm equipment or implements or parts or ser vices related thereto at wholesale whether by leasing, sale, or other wise.
(9) 'Franchisee' means a wholesaler to whom a franchise is of fered or granted.
(10) 'Franchisor' means a manufacturer or distributor who grants a franchise to a wholesaler.
(11) 'Fraud' means, in addition to its normal legal connotation, the following: a misrepresentation in any manner, whether intentionally false or arising from gross negligence, of a material fact; a promise or representation not made honestly and in good faith; or an intentional failure to disclose a material fact.
(12) 'Manufacturer' means any person engaged in the business of manufacturing or assembling farm equipment or implements or parts.
(13) 'New farm equipment or implements' means a unit of farm equipment or implement which has not been previously sold to and put into regular use or service by any person except a distributor or wholesaler for resale.
(14) 'Person' means a natural person, corporation, partnership, trust, or other business entity; and, in case of a business entity, it shall include any other entity in which it has a majority interest or effec tively controls as well as the individual officers, directors, and other persons in active control of the activities of each such entity.
(15) 'Sale' means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any unit of farm equipment or imple ment or parts or interest therein or of any franchise related thereto; any option, subscription or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether in oral or written form.

TUESDAY, MARCH 9, 1982

1773

(16) 'Wholesaler' means any person, firm, or corporation which purchases farm equipment or implements or parts from a manufac turer or distributor and resells the same at wholesale to dealers.
13-8-33. Any person who engages directly or indirectly in pur poseful contacts within this state in connection with the offering or advertising for sale of farm machinery or implements and parts shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state upon service of process in accor dance with the provisions of the laws of the State of Georgia.
13-8-34. Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-35 are declared to be unlawful.
13-8-35. (a) It shall be deemed a violation of Code Section 13-8-34 for any manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative, or wholesaler to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage in terms of law or equity to any of the parties or to the public.
(b) It shall be deemed a violation of Code Section 13-8-34 for a manufacturer, a distributor, a distributor branch or division, or a fac tory branch or division, or officer, agent, or other representative thereof, to coerce, or attempt to coerce, any wholesaler:
(1) To order or accept delivery of any unit of farm equipment or implements or parts or accessories therefor, or any other commodity or commodities which such wholesaler has not voluntarily ordered; or
(2) To order or accept delivery of any farm equipment or im plements with special features, accessories, or equipment not includ ed in the base list price of such farm equipment or implements as publicly advertised by the manufacturer thereof.
(c) It shall be deemed a violation of Code Section 13-8-34 for a manufacturer, a distributor, a distributor branch or division, or a fac tory branch or division, or officer, agent, or other representatives thereof:
(1) To refuse to deliver in reasonable quantities and within a reasonable time after receipt of wholesaler's order to any wholesaler having a franchise or contractual agreement for the sale of farm equipment or implements sold or distributed by such manufacturer, distributor branch or division, or factory branch or division any item of farm equipment covered by such franchise or contract specifically advertised or represented by such manufacturer, distributor, distributor branch or division, or factory branch or division to be available for immediate delivery; provided, however, the failure to deliver any such unit of farm equipment or implements shall not be considered a violation of this article if such failure is due to prudent and reasonable restriction on extension of credit by the franchisor to the wholesaler, an act of God, work stoppage or delay due to a strike

1774

JOURNAL OF THE SENATE

or labor difficulty, a bona fide shortage of materials, freight embargo, or other cause over which the manufacturer or distributor, or any agent thereof shall have no control;
(2) To coerce, or attempt to coerce, any wholesaler to enter into any agreement, whether written or oral, supplementary to an existing franchise with such manufacturer, distributor, distributor branch or division, or factory branch or division, or officer, agent, or other representative thereof; or to do any other act prejudicial to such wholesaler by threatening to cancel any franchise or any contractual agreement existing between such manufacturer, distributor, distributor branch or division, or factory branch or division, and such wholesaler; provided, however, that notice in good faith to any wholesaler of such wholesaler's violation of any terms or provisions of such franchise or contractual agreement shall not constitute a viola tion of this article if such notice is in writing mailed by registered or certified mail to such wholesaler at his current business address;
(3) (A) To terminate or cancel the franchise or selling agreement of any such wholesaler without due cause, as defined in subparagraph (B). The nonrenewal of a franchise or selling agreement, without due cause, shall constitute an unfair termination or cancellation, regardless of the specified time period of such franchise or selling agreement. Except where the grounds for such termination or cancellation fall within part 13-8-35(c)(3)(B)(iii), such manufacturer, distributor, distributor branch or division, or factory branch or divi sion, or officer, agent, or other representatives thereof shall notify a wholesaler in writing of the termination or cancellation of the fran chise or selling agreement of such wholesaler at least 60 days before the effective date thereof, stating the specific grounds for such ter mination or cancellation; and in no event shall the contractual term of any such franchise or selling agreement expire without the written consent of the wholesaler involved prior to the expiration of at least 60 days following such written notice. During the 60 day period, either party may, in appropriate circumstances, petition a court to modify such 60 day stay or to extend it pending a final determination of such proceedings on the merits. The court shall have authority to grant preliminary and final injunctive relief;
(B) As used in this subparagraph, tests for determining what con stitutes due cause for a manufacturer or distributor to terminate, cancel, or refuse to renew a franchise agreement shall include whether the wholesaler:
(i) Has transferred an ownership interest in the business without the manufacturer's or distributor's consent;
(ii) Has made a material misrepresentation in applying for or act ing under the franchise agreement;
(iii) Has filed a voluntary petition in bankruptcy or has had an in voluntary petition in bankruptcy filed against the wholesaler which has not been discharged within 30 days after the filing, is in default under the provisions of a security agreement in effect with the manufacturer or distributor, or is in receivership;

TUESDAY, MARCH 9, 1982

1775

(iv) Has engaged in an unfair business practice;
jv) Has inadequately represented the manufacturer's or distributor's products with respect to sales, service, or warranty work;
(vi) Has engaged in conduct which is injurious or detrimental to the public welfare;
(vii) Has inadequate sales and service facilities and personnel;
(viii) Has failed to comply with an applicable licensing law;
(ix) Has been convicted of a crime, the effect of which would be detrimental to the manufacturer, distributor, or wholesale business;
(x) Has failed to operate in the normal course of business for seven consecutive business days;
(xi) Has relocated the wholesaler's place of business without the manufacturer's or distributor's consent; or
(xii) Has failed to comply with the terms of the franchise agree ment;
(4) To resort to or use any false or. misleading advertisement in connection with his business as such manufacturer, distributor, distributor branch or division, or factory branch or division, or of ficer, agent, or other representative thereof;
(5) To offer to sell any unit of farm equipment or implements or parts or accessories therefor to any other wholesaler at a lower actual price therefor than the actual price offered to any other wholesaler for farm equipment or implement identically equipped; or to utilize any device including, but not limited to, sales promotion plans or pro grams which result in such lesser actual price; provided, however, the provisions of this paragraph shall not apply to sales to a wholesaler for resale to any unit of the United States government, the state, or any of its political subdivisions; and provided, further, that the provisions of this paragraph shall not apply so long as a manufacturer or distributor of farm equipment or implement, parts, or accessories to all their franchised wholesalers at an equal price;
(6) To discriminate willfully, either directly or indirectly, in price, programs, or terms of sale offered to franchisees, where the effect of such discrimination may be to lessen competition substantially or to give to one holder of a franchise any business or competitive advan tage not offered to all holders of the same or similar franchise;
(7) To prevent or attempt to prevent, by contract or otherwise, any wholesaler from changing the capital structure of his business or the means by or through which he finances the operation of his business, provided the wholesaler at all times meets any reasonable capital standards agreed to between the wholesaler and the manufacturer or distributor and provided such change by the wholesaler does not result in a change in the executive management of the wholesaler;

1776

JOURNAL OF THE SENATE

(8) To prevent or attempt to prevent, by contract or otherwise, any wholesaler or any officer, partner, or stockholder of any wholesaler from selling or transferring any part of the interest of any of them to any other person or persons or party or parties; provided, however, that no wholesaler, officer, partner, or stockholder shall have the right to sell, transfer, or assign the franchise or power of management or control thereunder without the consent of the manufacturer or distributor, except that such consent shall not be unreasonably withheld;
(9) To obtain money, goods, services, anything of value, or any other benefit from any other person with whom the wholesaler does business or employs on account of or in relation to the transactions between the wholesaler, the franchisor, and such other person; or
(10) To require a wholesaler to assent to a release, assignment, notation, waiver, or estoppel which would relieve any person from liability imposed by this article.
(d) It shall be deemed a violation of Code Section 13-8-34 for a wholesaler:
(1) To require a retail purchaser of any unit of farm equipment or implement, as a condition of sale and delivery thereof, also to pur chase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser; provided, however, that this prohibition shall not apply to special features, appliances, equip ment, parts, or accessories which are already installed when a unit of farm equipment or implement is received by the wholesaler from the manufacturer or distributor thereof;
(2) To represent and sell as new and unused any unit of farm equipment or implement which has been used and operated for demonstration or other purposes without stating to the purchaser the approximate amount of use the unit of farm machinery or implement has experienced; or
(3) To resort to or use any false or misleading advertisement in connection with his business as such wholesaler.
13-8-36. (a) Every manufacturer shall specify and every wholesaler shall provide and fulfill reasonable predelivery and preparation obligations for its farm equipment or implements prior to delivery of same to purchasers.
(b) Every manufacturer shall provide for repair parts availability throughout the reasonable useful life of any farm equipment or imple ment sold.
(c) Every manufacturer or distributor shall provide to his wholesalers, on an annual basis, an opportunity to return a portion of his surplus parts inventory for credit. The surplus parts return pro cedure shall be administered as follow*

TUESDAY, MARCH 9, 1982

1777

(1) The manufacturer or distributor may specify and thereupon notify his wholesalers of a time period of at least 60 days' duration, during which time wholesalers may submit their surplus parts list and return their surplus parts to the manufacturer or distributor;
(2) If a manufacturer or distributor has not notified a wholesaler of a specific time period for returning surplus parts within the preceding 12 months, then he shall authorize and allow the wholesaler's surplus parts return request within 30 days after receipt of such request from the wholesaler;
(3) Pursuant to the provisions of this subsection, a manufacturer or distributor must allow surplus parts return authority on a dollar value of parts equal to 8 percent of the total dollar value of parts pur chased by the wholesaler from the manufacturer or distributor during the 12 month period immediately preceding the notification to the wholesaler by the manufacturer or distributor of the surplus parts return program, or the month the wholesaler's return request is made, whichever is applicable; provided, however, that the wholesaler may, at his option, elect to return a dollar value of his surplus parts less than 8 percent of the total dollar value of parts purchased by the wholesaler from the manufacturer or distributor during the preceding 12 month period as provided herein;
(4) No obsolete or superseded part may be returned, but any part listed in the manufacturer's or distributor's current parts price list at the date of notification to the wholesaler by the manufacturer or distributor of the surplus parts return program, or the date of a wholesaler's parts return request, whichever is applicable, shall be eligible for return and credit hereinabove specified; provided, however, that returned parts must be in new and unused condition and must have been purchased from the manufacturer or distributor to whom they are returned;
(5) The minimum lawful credit to be allowed for returned parts shall be 85 percent of the wholesale cost thereof as listed in the manufacturer's or distributor's current parts price list at the date of the notification to the wholesaler by the manufacturer or distributor of the surplus parts return program, or the date of a wholesaler's parts return request, whichever is applicable;
(6) Applicable credit hereunder must be issued to the wholesaler within 30 days after receipt of his returned parts by the manufacturer or distributor; or
(7) Packing and return freight expense incurred in any return of surplus parts pursuant to the terms of this Code section shall be borne by the wholesaler.
13-8-37. (a) Every manufacturer, distributor, distributor branch or division, or factory branch or division shall provide a fair and reasonable warranty agreement on any unit of farm equipment or im plement which it sells and shall fairly compensate each of its wholesalers for labor and parts used in fulfilling such warranty agree ment. All claims for payment under such warranty agreements made

1778

JOURNAL OF THE SENATE

by wholesalers hereunder for such labor and parts shall be paid within 30 days following their approval. All such claims shall be either approved or disapproved within 30 days after their receipt; and, when any such claim is disapproved, the wholesaler who sub mits it shall be notified in writing of its disapproval within such period; and each such notice shall state the specific grounds upon which the disapproval is based. Any special handling of claims re quired of the wholesaler by the manufacturer, distributor, distributor branch or division, or factory branch or division and not uniformly re quired of all wholesalers of that make may be enforced only after 30 days' notice in writing to the wholesaler and upon good and sufficient reason.
(b) The minimum lawful basis for compensating said wholesaler for warranty work as provided for herein shall be calculated for labor in accordance with the reasonable and customary amount of time re quired to complete such work, expressed in hours and fractions of hours multiplied by the wholesaler's established hourly retail labor rate. Prior to filing a claim for reimbursement for warranty work, the wholesaler must notify the applicable manufacturer or distributor of his hourly retail labor rate. The minimum lawful basis for compensa tion to the wholesaler for parts used in fulfilling said warranty work shall be at the wholesaler's costs thereof, including all freight and handling charges applicable thereto, plus 15 percent of said sum to reimburse the wholesaler's reasonable costs of doing business and providing such warranty service on the manufacturer's behalf.
13-8-38. The provisions of this article shall apply to all written or oral agreements between a manufacturer or distributor with a wholesaler including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, con struction or installation contracts, servicing contracts, and all other such agreements in which the manufacturer or distributor has any direct or indirect interest.
13-8-39. It shall be unlawful for the manufacturer, distributor, or franchisor, without due cause, to fail to renew on terms then equally available to all its wholesalers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall recerVe fair and reasonable compensation for the inventory of the business. As used herein, 'due cause' shall be construed in accordance with the defini tion of same as contained in subparagraph (B) of paragraph (3) of subsection jc) of Code Section 13-8-35.
13-8-40. (a) In addition to temporary or permanent injunctive relief as provided in subparagraph (A) of paragraph (3) of subsection (c) of Code Section 13-8-35, any person who shall be injured in his business or property by reason of anything forbidden in this article may bring an action therefor in the appropriate superior court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney's fee.

TUESDAY, MARCH 9, 1982

1779

jb) When such action is one of common or general interest to many persons or when the parties are numerous and it is imprac ticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including actions for injunctive relief.
(c) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law.
13-8-41. Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void and unenforceable.
13-8-42. (a) Whenever any wholesaler enters into a franchise agreement with a manufacturer or distributor wherein the wholesaler agrees to maintain an inventory of farm equipment or implements or repair parts and the franchise is subsequently terminated, the manufacturer or distributor shall repurchase the inventory as provid ed in this article. The wholesaler may keep the inventory if he desires. If the wholesaler has any outstanding debts to the manufacturer or distributor, then the repurchase amount may be credited to the wholesaler's account.
jb) The manufacturer or distributor shall repurchase that inven tory previously purchased from him and held by the wholesaler on the date of termination of the contract. The manufacturer or distributor shall pay 100 percent of the actual wholesaler's cost, in cluding freight, of all new, unsold, undamaged, and complete units of farm equipment or implements which are resalable and 100 percent of the current wholesale price of all new, unused, undamaged repair parts and accessories which are listed in the manufacturer's current parts price list. The manufacturer or distributor shall pay the wholesaler 5 percent of the current wholesale price on all new, un used, and undamaged repair parts returned to cover the cost of handl ing, packing, and loading. The manufacturer or distributor shall have the option of performing the handling, packing, and loading in lieu of paying the 5 percent sum imposed herein for these services.
(c) Upon payment within a reasonable time of the repurchase amount to the wholesaler, the title and right of possession to the repurchased inventory shall transfer to the manufacturer or distributor, as the case may be.
(d) The provisions of this article shall not require the repurchase from a wholesaler of:
(1) Any repair part which has a limited storage life or is otherwise subject to deterioration;
(2) Any single repair part which is priced as a set of two or more items;
(3) Any repair part which, because of its condition, is not resalable as a new part without repackaging or reconditioning;

1780

JOURNAL OF THE SENATE

(4) Any inventory for which the wholesaler is unable to furnish evidence, reasonably satisfactory to the manufacturer or distributor, of good title, free and clear of all claims, liens, and encumbrances;
(5) Any inventory which the wholesaler desires to keep, provided the wholesaler has a contractual right to do so;
(6) Any unit of farm equipment or implement which is not in new, unused, undamaged, complete condition;
(7) Any repair parts which are not in new, unused, undamaged condition;
(8) Any inventory which was ordered by the wholesaler on or after the date of receipt of the notification of termination of the fran chise; or
(9) Any inventory which was acquired by the wholesaler from any source other than the manufacturer or distributor.
(e) If any manufacturer or distributor shall fail or refuse to repur chase any inventory covered under the provisions of this article within 60 days after termination of a wholesaler's contract, he shall be civilly liable for 100 percent of the current wholesale price of the in ventory plus any freight charges paid by the wholesaler, the wholesaler's reasonable attorney's fees, court costs, and interest on the current wholesale price computed at the legal interest rate from the sixty-first day after termination.
13-8-43. In the event of the death or incapacity of the wholesaler or the majority stockholder of a corporation operating as a wholesaler, the manufacturer or distributor shall, at the option of the heirs at law if the wholesaler died intestate, or the devisees or transferees under the terms of the deceased wholesaler's last will and testament if said wholesaler died testate, repurchase the inventory from said heirs or devisees as aforesaid as if the manufacturer or distributor had ter minated the contract and the inventory repurchase provisions of Code Section 13-8-42 are made expressly applicable hereto. The heirs or devisees as aforesaid shall have one year from the date of the death of the wholesaler or majority stockholder to exercise their option under this article; provided, however, that nothing in this article shall re quire the repurchase of inventory if the heirs or devisees as aforesaid and the manufacturer or distributor enter into a new franchise agree ment to operate the wholesale business.
13-8-44. A manufacturer or distributor, as the case may be, will fully indemnify and hold harmless its wholesaler against any losses including, but not limited to: court costs and reasonable attorney's fees or damages arising out of complaints, claims, or lawsuits in cluding, but not limited to, strict liability, negligence, misrepresenta tion, express or implied warranty, or rescission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this article, parts or accessories, or other functions by the manufacturer or distributor which are beyond the control of the wholesaler.

TUESDAY, MARCH 9, 1982

1781

13-8-45. The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing con tract and all other contracts entered into or renewed after November 1, 1982. Any contract in force and effect on November 1, 1982, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to this article."
Section 2. This Act shall become effective on November 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 2, nays 32, and the committee substitute was lost.

Senator Gillis of the 20th offered the following substitute to SB 713:

A BILL
To be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving farm equipment and implements or parts; to provide a policy statement; to provide defini tions; to provide for applicability; to provide that certain conduct is unlawful; to prohibit certain conduct and transactions; to provide for parts and inventory; to provide for warranty obligations and reim bursements; to provide for the applicability of the article to certain agreements and transactions; to provide for the termination of certain agreements and transactions; to provide for remedies; to provide that certain agreements and transactions are void and unenforceable; to pro vide for the repurchase of certain inventory; to provide for certain liabili ty; to provide for which agreements and transactions are covered by the article; 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. Chapter 8 of Title 13 of the Official Code of Georgia An notated, relating to illegal and void contracts, is amended by adding at the end thereof the following:
"ARTICLES
13-8-31. The General Assembly finds that the distribution of farm equipment in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exer cise of its police power, it is necessary to regulate farm equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia in order to prevent frauds, unfair business prac tices, unfair methods of competition, impositions, and other abuses upon its citizens.

1782

JOURNAL OF THE SENATE

13-8-32. As used in this article, the term:
(1) 'Distributor' or 'wholesaler' means any person, company, or corporation who purchases farm equipment or implements or parts from a manufacturer and resells the same at wholesale to dealers.
(2) 'Distributor or wholesaler branch1 means a branch office main tained by a distributor or wholesaler which sells or distributes farm equipment or implements or parts to tractor or farm equipment dealers.
(3) 'Distributor representative' means a representative employed by a distributor branch or distributor.
(4) 'Factory branch' means a branch office maintained by a manufacturer which manufactures and assembles farm equipment or implements or parts for sale to distributors, tractor or farm equipment dealers, or wholesalers or which is maintained for directing and supervising the representatives of the manufacturer.
(5) 'Factory representative' means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of farm equipment or implements or parts or for supervising, servicing, instructing, or contracting with farm equipment dealers or prospective dealers or wholesalers.
(6) 'Farm equipment dealer' means any person who sells, solicits, or advertises the sale of farm equipment to the consuming public. It shall not include (A) receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree, or order of any court; (B) public officers while performing their duties as such officers; (C) persons making casual sales of their own item of farm equipment not subject to sales tax under the laws of the State of Georgia; (D) persons engaged in the auction sale of farm equipment; or (E) dealers in used farm equipment.
(7) 'Farm equipment or implements' means those farm im plements primarily designed for use in agriculture.
(8) 'Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer grants to a wholesaler permission to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of farm equipment or implements or parts or services related thereto at wholesale whether by leasing, sale, or otherwise.
(9) 'Franchisee' means a wholesaler to whom a franchise is of fered or granted.
(10) 'Franchisor' means a manufacturer who grants a franchise to a wholesaler.

TUESDAY, MARCH 9, 1982

1783

(11) 'Fraud' means, in addition to its normal legal connotation, the following: a misrepresentation in any manner, whether intentionally false or arising from gross negligence, of a material fact; a promise or representation not made honestly and in good faith; or an intentional failure to disclose a material fact.
(12) 'Manufacturer' means any person engaged in the business of manufacturing or assembling farm equipment or implements or parts.
(13) 'New farm equipment or implements' means a unit of farm equipment or implement which has not been previously sold to and put into regular use or service by any person except a distributor or wholesaler for resale.
(14) 'Person' means a natural person, corporation, partnership, trust, or other business entity; and, in case of a business entity, it shall include any other entity in which it has a majority interest or effec tively controls as well as the individual officers, directors, and other persons in active control of the activities of each such entity.
(15) 'Sale' means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage in any form, whether by transfer in trust or otherwise, of any unit of farm equipment or im plement or parts or interest therein or of any franchise related thereto; any option, subscription or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether in oral or written form.
13-8-33. Any person who engages directly or indirectly in pur poseful contacts within this state in connection with the offering or advertising for sale of farm machinery or implements and parts shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state upon service of process in ac cordance with the provisions of the laws of the State of Georgia.
13-8-34. Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-35 are declared to be unlawful.
13-8-35. (a) It shall be deemed a violation of Code Section 13-8-34 for any manufacturer, factory branch, factory representative, or wholesaler to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage in terms of law or equity to any of the parties or to the public.
(b) It shall be deemed a violation of Code Section 13-8-34 for a manufacturer, a factory branch or division, or officer, agent, or other representative thereof, to coerce, or attempt to coerce, any wholesaler:
(1) To order or accept delivery of any unit of farm equipment or implements or parts or accessories therefor, or any other commodity or commodities which such wholesaler has not voluntarily ordered; or

1784

JOURNAL OF THE SENATE

(2) To order or accept delivery of any farm equipment or im plements with special features, accessories, or equipment not includ ed in the base list price of such farm equipment or implements as publicly advertised by the manufacturer thereof.
(c) It shall be deemed a violation of Code Section 13-8-34 for a manufacturer, a factory branch or division, or officer, agent, or other representatives thereof:
(1) To refuse to deliver in reasonable quantities and within a reasonable time after receipt of wholesaler's order to any wholesaler having a franchise or contractual agreement for the sale of farm equipment or implements sold by such manufacturer, or factory branch or division any item of farm equipment covered by such fran chise or contract specifically advertised or represented by such manufacturer, or factory branch or division to be available for im mediate delivery; provided, however, the failure to deliver any such unit of farm equipment or implements shall not be considered a viola tion of this article if such failure is due to prudent and reasonable restriction on extension of credit by the franchisor to the wholesaler, an act of God, work stoppage or delay due to a strike or labor difficul ty, a bona fide shortage of materials, freight embargo, or other cause over which the manufacturer or distributor, or any agent thereof shall have no control;
(2) To coerce, or attempt to coerce, any wholesaler to enter into any agreement, whether written or oral, supplementary to an existing franchise with such manufacturer, factory branch or division, or of ficer, agent, or other representative thereof; or to do any other act prejudicial to such wholesaler by threatening to cancel any franchise or any contractual agreement existing between such manufacturer or factory branch or division, and such wholesaler; provided, however, that notice in good faith to any wholesaler of such wholesaler's viola tion of any terms or provisions of such franchise or contractual agree ment shall not constitute a violation of this article if such notice is in writing mailed by registered or certified mail to such wholesaler at his current business address;
(3) (A) To terminate or cancel the franchise or selling agreement of any such wholesaler without due cause, as defined in subparagraph (B). The nonrenewal of a franchise or selling agreement, without due cause, shall constitute an unfair termination or cancellation, regardless of the specified time period of such franchise or selling agreement. Except where the grounds for such termination or cancellation fall within part 13-8-35(c)(3)(B)(iii), such manufacturer or factory branch or division, or officer, agent, or other representatives thereof shall notify a wholesaler in writing of the termination or cancellation of the franchise or selling agreement of such wholesaler at least 60 days before the effective date thereof, stating the specific grounds for such termination or cancellation; and in no event shall the contractual term of any such franchise or selling agreement expire without the written consent of the wholesaler involved prior to the ex piration of at least 60 days following such written notice. During the 60 day period, either party may, in appropriate circumstances, peti-

TUESDAY, MARCH 9, 1982

1785

tion a court to modify such 60 day stay or to extend it pending a final determination of such proceedings on the merits. The court shall have authority to grant preliminary and final injunctive relief;
(B) As used in this subparagraph, tests for determining what con stitutes due cause for a manufacturer to terminate, cancel, or refuse to renew a franchise agreement shall include whether the wholesaler:
(i) Has transferred an ownership interest in the business without the manufacturer's consent;
(ii) Has made a material misrepresentation in applying for or act ing under the franchise agreement;
(iii) Has filed a voluntary petition in bankruptcy or has had an in voluntary petition in bankruptcy filed against the wholesaler which has not been discharged within 30 days after the filing, is in default under the provisions of a security agreement in effect with the manufacturer, or is in receivership;
(iv) Has engaged in an unfair business practice;
(v) Has inadequately represented the manufacturer's products with respect to sales, service, or warranty work;
(vi) Has engaged in conduct which is injurious or detrimental to the public welfare;
(vii) Has inadequate sales and service facilities and personnel;
(viii) Has failed to comply with an applicable licensing law;
(ix) Has been convicted of a crime, the effect of which would be detrimental to the manufacturer, or wholesale business;
(x) Has failed to operate in the normal course of business for seven consecutive business days;
(xi) Has relocated the wholesaler's place of business without the manufacturer's consent; or
(xii) Has failed to comply with the terms of the franchise agree ment;
(4) To resort to or use any false or misleading advertisement in connection with his business as such manufacturer, or factory branch or division, or officer, agent, or other representative thereof;
(5) To offer to sell any unit of farm equipment or implements or parts or accessories therefor to any other wholesaler at a lower actual price therefor than the actual price offered to any other wholesaler for farm equipment or implement identically equipped; or to utilize any device including, but not limited to, sales promotion plans or pro grams which result in such lesser actual price; provided, however, the

1786

JOURNAL OF THE SENATE

provisions of this paragraph shall not apply to sales to a wholesaler for resale to any unit of the United States government, the state, or any of its political subdivisions; and provided, further, that the provisions of this paragraph shall not apply so long as a manufacturer sells or offers to sell such new farm equipment or implement, parts, or accessories to all their franchised wholesalers at an equal price;
(6) To discriminate willfully, either directly or indirectly, in price, programs, or terms of sale offered to franchisees, where the effect of such discrimination may be to lessen competition substantially or to give to one holder of a franchise any business or competitive advan tage not offered to all holders of the same or similar franchise;
(7) To prevent or attempt to prevent, by contract or otherwise, any wholesaler from changing the capital structure of his business or the means by or through which he finances the operation of his business, provided the wholesaler at all times meets any reasonable capital standards agreed to between the wholesaler and the manufacturer and provided such change by the wholesaler does not result in a change in the executive management of the wholesaler;
(8) To prevent or attempt to prevent, by contract or otherwise, any wholesaler or any officer, partner, or stockholder of any wholesaler from selling or transferring any part of the interest of any of them to any other person or persons or party or parties; provided, however, that no wholesaler, officer, partner, or stockholder shall have the right to sell, transfer, or assign the franchise or power of management or control thereunder without the consent of the manufacturer, except that such consent shall not be unreasonably withheld;
(9) To obtain money, goods, services, anything of value, or any other benefit from any other person with whom the wholesaler does business or employs on account of or in relation to the transactions between the wholesaler, the franchisor, and such other person; or
(10) To require a wholesaler to assent to a release, assignment, notation, waiver, or estoppel which would relieve any person from liability imposed by this article.
(d) It shall be deemed a violation of Code Section 13-8-34 for a wholesaler:
(1) To require a purchaser of any unit of farm equipment or imple ment, as a condition of sale and delivery thereof, also to purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser; provided, however, that this prohibition shall not apply to special features, appliances, equipment, parts, or accessories which are already installed when a unit of farm equipment or implement is received by the wholesaler from the manufacturer thereof;
(2) To represent and sell as new and unused any unit of farm equipment or implement which has been used and operated for demonstration or other purposes without stating to the purchaser the approximate amount of use the unit of farm machinery or implement has experienced; or

TUESDAY, MARCH 9, 1982

1787

(3) To resort to or use any false or misleading advertisement in connection with his business as such wholesaler.
13-8-36. (a) Every manufacturer shall specify and every wholesaler shall provide and fulfill reasonable predelivery and preparation obligations for its farm equipment or implements prior to delivery of same to purchasers.
(b) Every manufacturer shall provide for repair parts availability throughout the reasonable useful life of any farm equipment or imple ment sold.
(c) Every manufacturer shall provide to his wholesalers, on an an nual" basis, an opportunity to return a portion of his surplus parts in ventory for credit. The surplus parts return procedure shall be ad ministered as follows:
(1) The manufacturer or distributor may specify and thereupon notify his wholesalers of a time period of at least 60 days' duration, during which time wholesalers may submit their surplus parts list and return their surplus parts to the manufacturer;
(2) If a manufacturer or distributor has not notified a wholesaler of a specific time period for returning surplus parts within the preceding 12 months, then he shall authorize and allow the wholesaler's surplus parts return request within 30 days after receipt of such request from the wholesaler;
(3) Pursuant to the provisions of this subsection, a manufacturer must allow surplus parts return authority on a dollar value of parts equal to 10 percent of the total dollar value of parts purchased by the wholesaler from the manufacturer during the 12 month period im mediately preceding the notification to the wholesaler by the manufacturer of the surplus parts return program, or the month the wholesaler's return request is made, whichever is applicable; provid ed, however, that the wholesaler may, at his option, elect to return a dollar value of his surplus parts less than 10 percent of the total dollar value of purchases by the wholesaler from the manufacturer during the preceding 12 month period as provided herein;
(4) No obsolete or superseded part may be returned, but any part listed in the manufacturer's current parts price list at the date of notification to the wholesaler by the manufacturer of the surplus parts return program, or the date of a wholesaler's parts return request, whichever is applicable, shall be eligible for return and credit hereinabove specified; provided, however, that returned parts must be in new and unused condition and must have been purchased from the manufacturer to whom they are returned;
(5) The minimum lawful credit to be allowed for returned parts shall be 85 percent of the wholesale cost thereof as listed in the manufacturer's current parts price list at the date of the notification to the wholesaler by the manufacturer of the surplus parts return pro gram, or the date of a wholesaler's parts return request, whichever is applicable;

1788

JOURNAL OF THE SENATE

(6) Applicable credit hereunder must be issued to the wholesaler within 30 days after receipt of his returned parts by the manufacturer; and
(7) Packing and return freight expense incurred in any return of surplus parts pursuant to the terms of this Code section shall be borne by the wholesaler.
13-8-37. Every manufacturer or factory branch or division shall reimburse its wholesalers for any expenses they incur in complying with the provisions of Georgia laws pertaining to warranty re quirements for farm equipment or implements as they apply to prod ucts of the manufacturer.
13-8-38. The provisions of this article shall apply to all written or oral agreements between a manufacturer with a wholesaler including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, in surance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements in which the manufacturer has any direct or indirect interest.
13-8-39. It shall be unlawful for the manufacturer or franchisor, without due cause, to fail to renew on terms then equally available to all its wholesalers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall receive fair and reasonable compensation for the inventory of the business. As used herein, 'due cause' shall be construed in accordance with the definition of same as contained in subparagraph (B) of paragraph (3) of subsection (c) of Code Section 13-8-35.
13-8-40. (a) In addition to temporary or permanent injunctive relief as provided in subparagraph (A) of paragraph (3) of subsection (c) of Code Section 13-8-35, any person who shall be injured in his business or property by reason of anything forbidden in this article may bring an action therefor in the appropriate superior court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney's fee.
jb) When such action is one of common or general interest to many persons or when the parties are numerous and it is imprac ticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including actions for injunc tive relief.
(c) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law.
13-8-41. Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void and unenforceable.

TUESDAY, MARCH 9, 1982

1789

13-8-42. (a) Whenever any wholesaler enters into a franchise agreement with a manufacturer wherein the wholesaler agrees to maintain an inventory of farm equipment or implements or repair parts and the franchise is subsequently terminated, the manufacturer shall repurchase the inventory as provided in this article. The wholesaler may keep the inventory if he desires. If the wholesaler has any outstanding debts to the manufacturer, then the repurchase amount may be credited to the wholesaler's account.
(b) The manufacturer shall repurchase that inventory previously purchased from him and held by the wholesaler on the date of ter mination of the contract. The manufacturer shall pay 100 percent of the actual wholesaler's cost, including freight, of all new, unsold, un damaged, and complete units of farm equipment or implements which are resalable, all demonstrator units of farm equipment or im plements, and 100 percent of the current wholesale price of all new, unused, undamaged repair parts and accessories which are listed in the manufacturer's current parts price list. The manufacturer shall pay the wholesaler 5 percent of the current wholesale price on all new, unused, and undamaged repair parts returned to cover the cost of handling, packing, and loading.
(c) Upon payment within a reasonable time of the repurchase amount to the wholesaler, the title and right of possession to the repurchased inventory shall transfer to the manufacturer.
(d) The provisions of this article shall not require the repurchase from a wholesaler of:
(1) Any repair part which has a limited storage life or is otherwise subject to deterioration;
(2) Any single repair part which is priced as a set of two or more items;
(3) Any repair part which, because of its condition, is not resalable as a new part without repackaging or reconditioning;
(4) Any inventory for which the wholesaler is unable to furnish evidence, reasonably satisfactory to the manufacturer, of good title, free and clear of all claims, liens, and encumbrances;
(5) Any inventory which the wholesaler desires to keep, provided the wholesaler has a contractual right to do so;
(6) Any unit of farm equipment or implement which is not in new, unused, undamaged, complete condition, except units that have been used by the wholesaler as demonstrators;
(7) Any repair parts which are not in new, unused, undamaged condition;
(8) Any inventory which was ordered by the wholesaler on or after the date of receipt of the notification of termination of the fran chise; or

1790

JOURNAL OF THE SENATE

(9) Any inventory which was acquired by the wholesaler from any source other than the manufacturer.
(e) If any manufacturer shall fail or refuse to repurchase any in ventory covered under the provisions of this article within 60 days after termination of a wholesaler's contract, he shall be civilly liable for 100 percent of the current wholesale price of the inventory plus any freight charges paid by the wholesaler, the wholesaler's reasonable attorney's fees, court costs, and interest on the current wholesale price computed at the legal interest rate from the sixty-first day after termination.
13-8-43. In the event of the death or incapacity of the wholesaler or the majority stockholder of a corporation operating as a wholesaler, the manufacturer shall, at the option of the heirs at law if the wholesaler died intestate, or the devisees or transferees under the terms of the deceased wholesaler's last will and testament if said wholesaler died testate, repurchase the inventory from said heirs or devisees as aforesaid as if the manufacturer had terminated the con tract and the inventory repurchase provisions of Code Section 13-8-42 are made expressly applicable hereto. The heirs or devisees as aforesaid shall have one year from the date of the death of the wholesaler or majority stockholder to exercise their option under this article; provided, however, that nothing in this article shall require the repurchase of inventory if the heirs or devisees as aforesaid and the manufacturer enter into a new franchise agreement to operate the wholesale business.
13-8-44. A manufacturer will fully indemnify and hold harmless its wholesaler against any losses including, but not limited to court costs and reasonable attorney's fees or damages arising out of com plaints, claims, or lawsuits including, but not limited to, strict liabili ty, negligence, misrepresentation, express or implied warranty, or recission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this ar ticle, parts or accessories, or other functions by the manufacturer which are beyond the control of the wholesaler.
13-8-45. The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing con tract and all other contracts entered into or renewed after November 1, 1982. Any contract in force and effect on November 1, 1982, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to this article."
Section 2. This Act shall become effective on November 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute offered by Senator Gillis of the 20th, the yeas were 37, nays 0, and the substitute was adopted.

TUESDAY, MARCH 9, 1982

1791

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 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 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 Brannon

Holloway (presiding) Hudson

Land 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 1336. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Of fender Rehabilitation and to prisons, public works camps and prisoners, so as to change the responsibility for the payment of certain medical costs incurred by certain inmates; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Starr of the 44th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1792

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 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 Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Evans Holloway (presiding)

Hudson Land

Tate Timmons

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1207. By Representatives Johnson, Lee, Benefield and Wood of the 72nd: A bill to amend Code Chapter 84-14, relating to real estate brokers and salespersons, so as to provide limitations upon certain actions; to provide for the continuation of the Georgia Real Estate Commission and the laws relating thereto but to provide for the later termination of such commis sion and laws; to amend the Official Code of Georgia Annotated ac cordingly. Senate Sponsor: Senator Ballard of the 45th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, MARCH 9, 1982

1793

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Bowen 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 Hudgins Kennedy Kidd Lester

McGill McKenzie Reynolds Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Barker Broun of 46th Fincher of 54th

Holloway (presiding) Hudson Land Littlefield

Robinson Stumbaugh Summers Trulock

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1261. By Representatives Parham of the 109th and Baugh of the 108th:
A bill to amend Code Title 79A, rekting to pharmacists, pharmacy, and drugs, so as to continue the State Board of Pharmacy and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to amend the Official Code of Georgia An notated accordingly.
Senate Sponsors: Senators Howard of the 42nd and Fincher of the 54th.

The Senate Committee on Human Resources offered the following substitute to HB1261:
A BILL
To be entitled an Act to amend Code Title 79A, relating to phar macists, pharmacy, and drugs, as amended, so as to change the provi sions relating to the membership of the Georgia State Board of Phar-

1794

JOURNAL OF THE SENATE

macy; to continue the State Board of Pharmacy and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to amend Title 26 of the Official Code of Georgia An notated, relating to food, drugs, and cosmetics, so as to provide for the same change described above as well as to provide for nomination, ap pointment, and approval of the director and agents of the Georgia Drugs and Narcotics Agency; to change certain reporting requirements; to remove certain citizenship requirements for pharmacist and pharmacy licensure; to change certain requirements for pharmacy interns; to pro vide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, is amended by striking Code Section 79A-202 in its entirety and substituting in lieu thereof a new Code Section 79A-202 to read as follows:
"79A-202. Effective July 1, 1982, the Georgia State Board of Phar macy shall be expanded from six to seven members and shall consist of six members who meet the qualifications of Code Section 79A-203 and one member who shall meet the qualifications of Code Section 79A-202.1. Members in office on July 1, 1982, shall serve out their terms of office and until their successors are appointed and qualified. Members of the Board shall be appointed by the Governor for a term of five years or until their successors are appointed and qualified. At the annual meeting of the Georgia Pharmaceutical Association there shall be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifica tions imposed by this Chapter to fill the next vacancy occurring on the Board by reason of expiration of term. The secretary of said associa tion shall regularly submit to the Governor the names of the three pharmacists so nominated and the Governor may make the appoint ment to fill such vacancy from the names so submitted. Should any vacancy occur upon the State Board of Pharmacy other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the remainder of the unexpired term from a group of three practicing registered pharmacists nominated as aforesaid at any regular or special meeting of the Georgia Pharmaceutical Associa tion."
Section 2. Said Code Title is further amended by striking Code Sec tion 79A-202.1 in its entirety and substituting in lieu thereof a new Code Section 79A-202.1 to read as follows:
"79A-202.1. Effective July 1, 1982, the Board shall consist of seven members. In addition to the members of the Board who are pharmacists, the Board shall consist of a member, appointed by the Governor, who shall not have any connection whatsoever with the pharmaceutical industry. Such additional member may vote only on matters relating to administration and policy which do not directly

TUESDAY, MARCH 9, 1982

1795

relate to practical and scientific examination of pharmacists for licens ing in this State. Vacancies occurring in the membership of the Board occupied by a consumer shall be filled by the Governor for the unexpired term of office. Except for appointments to fill vacancies, the term of office of all members of the Board shall be for five years."
Section 3. Said Code Title is further amended by adding immediate ly following Code Section 79A-202.1 a new Code Section 79A-202.2 to read as follows:
"79A-202.2. Board continuation and termination. Pursuant to Sec tion 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the State Board of Pharmacy and the laws relating thereto are hereby continued until July 1, 1988, 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 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, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor col lect any license fees which were not due and payable prior to the date of termination of the board."
Part 2
Section 4. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking Code Sec tion 26-4-31 in its entirety and substituting in lieu thereof a new Code Section 26-4-31 to read as follows:
"26-4-31. (a) The board shall consist of six members possessing the qualifications specified in Code Section 26-4-32 and one additional member possessing the qualifications specified in subsection (c) of this Code section who shall be appointed by the Governor for a term of five years or until their successors are appointed and qualified.
(b) At the annual meeting of the Georgia Pharmaceutical Associa tion there shall be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifications imposed by this part to fill the next vacancy occurring on the board by reason of expiration of term. The secretary of said association shall regularly submit to the Governor the names of the three pharmacists so nominated and the Governor may make the ap pointment to fill such vacancy from the names so submitted. Should any vacancy occur upon the board other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the remainder of the unexpired term from a group of three practic ing registered pharmacists nominated as aforesaid at any regular or special meeting of the Georgia Pharmaceutical Association.

1796

JOURNAL OF THE SENATE

(c) The seventh member of the board shall be appointed by the Governor and shall not have any connection whatsoever with the pharmaceutical industry. Such member shall vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in this state. Vacancies occurring in the membership of the board 'oc cupied by a consumer' shall be filled by the Governor for the unexpired term of office."
Section 5. Said title is further amended by striking Code Section 26-4-41 and inserting in its place a new Code Section 26-4-41 to read as follows:
"26-4-41. For the purposes of Chapter 2 of Title 43, The Act Pro viding for the Review, Continuation, Reestablishment, or Termina tion of Regulatory Agencies,' the State Board of Pharmacy shall be ter minated on July 1, 1988, and this part and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 6. Said title is further amended by striking Code Section 26-4-50 and inserting in its place a new Code Section 26-4-50 to read as follows:
"26-4-50. The Georgia State Board of Pharmacy shall nominate a director of the Georgia Drugs and Narcotics Agency and such agents therefor as determined necessary by the board. The Secretary of State shall appoint a director and agents from such nominations. It shall be the duty of the director to visit and inspect factories, warehouses, wholesaling establishments, retailing establishments, chemical laboratories, and such other establishments in which drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toilet articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce; to enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics, or any of the articles enumerated in this Code section; and to perform such other duties as may be directed by the board. He shall report to the board any and all violations of any of the drug laws of this state. The director shall have authority to take up samples of the articles enumerated in this Code section from any of the said establishments for examination and analysis by the state chemist under his direction and supervision, or for examination under the direction and supervision of the board for the purpose of examina tion as provided by Code Section 26-4-54. The director shall be charg ed with the supervision and control of the Georgia Drugs and Nar cotics Agency."
Section 7. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 26-4-72 and redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively, so that when so amended said subsection (a) shall read as follows:
"(a) No person shall be entitled to receive a license as a phar macist unless he shall possess the following qualifications:
(1) Be at least the legal age of majority;

TUESDAY, MARCH 9, 1982

1797

(2) Be a graduate of a generally recognized school or college of pharmacy, as the same may be defined by the board;
(3) Have such practical experience as may be prescribed by the board, provided, however, that any person who shall have been a stu dent in a generally recognized school or college of pharmacy prior to July 1, 1967, shall be required to have only such practical experience as may have been required by law or the board prior to that date;
(4) Has successfully passed an examination administered by the board; and
(5) Be a person of good moral character."
Section 8. Said title is further amended by striking Code Section 26-4-77 and inserting in its place a new Code Section 26-4-77 to read as follows:
"26-4-77. Any student in, or who has been accepted for admission to, any generally recognized school or college of pharmacy, and who has completed the prepharmacy requirements, may register with the board and may be licensed as a pharmacy intern. Licenses issued under this Code section shall bear the date thereof and shall be valid for up to two years. Licenses which shall expire by lapse of time may be renewed upon application, unless at the time of expiration there shall be pending before the board proceedings to suspend or revoke such license. A pharmacy intern may compound, mix, or dispense drugs and medicines or poisons only under the immediate supervision of a pharmacist."
Section 9. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 26-4-101 and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, so that when so amended said subsection (a) shall read as follows:
"(a) No person shall be entitled to receive a pharmacy license unless he shall possess the following qualifications:
(1) Be of good moral character; and
(2) Have never been convicted of any felony or of any other crime of the United States, this state, or of any other state pertaining to the manufacturing, distribution, sales, or dispensing of drugs or narcotics, or have never been found to have violated any rule or regulation of the board.
No person shall have their license revoked, if a hearing officer does not give a report of recommendation within 60 days of a revocation hearing."
Parts
Section 10. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

1798

JOURNAL OF THE SENATE

(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th offered the following amendment:

Amend the Senate Committee on Human Resources Substitute to HB 1261 by striking from Section 1 on line 26 of Page 1 the following:
"seven",
and inserting in lieu thereof the following:
"eight".
By striking from Section 1 on line 1 of Page 2 the following: "six",
and inserting in lieu thereof the following: "seven".
By adding in Section 1 on line 14 of Page 2, immediately preceding the words "The secretary", a new sentence to read as follows:
"At the annual meeting of the Georgia Pharmaceutical Associa tion in 1982, the licensed pharmacists present shall also nominate three practicing registered pharmacists who meet the qualifications imposed by this Chapter to fill one of the additional positions on the Board."
By striking from Section 4 on line 9 of Page 4 the following: "six",
and inserting in lieu thereof the following:

By adding in Section 4 on line 23 of Page 4, immediately preceding the words "The secretary", a new sentence to read as follows:
"At the annual meeting of the Georgia Pharmaceutical Associa tion in 1982, the licensed pharmacists present shall also nominate three practicing registered pharmacists who meet the qualifications imposed by this chapter to fill one of the additional positions on the board."

TUESDAY, MARCH 9, 1982

1799

On the adoption of the amendment, the yeas were 23, nays 9, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 32, 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:

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 Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Lester

Littlefield McGill McKenzie Reynolds Scott Starr Stephens Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Garner

Robinson

Stumbaugh

Those not voting were Senators:

Allgood Barker

Holloway (presiding) Land

Summers Thompson

On the passage of the bill, the yeas were 47, nays 3.

The bill, having received the requisite constitutional majority, was passed by subscttiittunttpe.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1261.

1800

JOURNAL OF THE SENATE

HB 1191. By Representative Phillips of the 125th:
A bill to amend Code Chapter 3-10, relating to limitations of actions for torts, so as to change the fire departments to which Code Section 3-1004.1 is applicable; to renumber Code Section 3-1004.1; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1191 by striking from line 1 of Page 2 and from line 28 of Page 2 the following:
"or in".

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:

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 Garner Gillis Greene Hill Horton Howard 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:

Allgood BalJard Fincher of 54th

Holloway (presiding) Land

Littlefield Robinson

TUESDAY, MARCH 9, 1982

1801

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general resolution of the Senate, favorably reported by the com mittee, was read the third time and put upon its adoption:

SR 244. By Senator Kidd of the 25th:

A RESOLUTION
To amend Resolution Act No. 1 (House Resolution No. 4) adopted at the 1981 extraordinary session of the General Assembly (Ga. L. 1981, Ex. Sess., p. 143), which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982, so as to change the provisions relating to the County Court of Baldwin County and the County Court of Putnam Coun ty; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Resolution Act No. 1 (House Resolution No. 4) adopted at the 1981 extraordinary session of the General Assembly (Ga. L. 1981, Ex. Sess., p. 143), which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982, is amended by striking from Section 1 thereof subparagraph (6) of Article VI, Section X, Paragraph I, which reads as follows:
"(6) Justice of the peace courts, small claims courts, and magistrate courts operating on the effective date of this article, the County Court of Echols County, the County Court of Baldwin County, and the County Court of Putnam County shall become and be classified as magistrate courts.",
and inserting in lieu thereof a new subparagraph (6) to read as follows:
"(6) Justice of the peace courts, small claims courts, and magistrate courts operating on the effective date of this article, and the County Court of Echols County shall become and be classified as magistrate courts. The County Court of Baldwin County and the County Court of Putnam County shall become and be classified as state courts, with the same jurisdiction and powers as other state courts."

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

1802

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 Bowen Brannon Brantley 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 McGill

Those not voting were Senators:

Allgood Fincher of 54th

Holloway (presiding) Land

McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Littlefield Robinson

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, 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 1205. By Representatives Richardson of the 52nd, Felton of the 22nd, Childs of the 51st and Lowe of the 43rd: A bill to amend Code Section 36-2-2 of the Official Code of Georgia An notated, relating to residents of militia districts, so as no longer to require residents constituting a militia district to be males. Senate Sponsor: Senator Bond of the 39th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, MARCH 9, 1982

1803

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Bond
Bowen Brantley
Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Foster Garner Gillis Greene Hill Horton
Howard Hudgins Kennedy Kidd Lester McGill McKenzie

Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger
Walker Wessels

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Allgood Barker Barnes Broun of 46th

Fincher of 54th Holloway (presiding) Hudson

Land Littlefield Robinson

On the passage of the bill, the yeas were 45, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 541. By Senator Kidd of the 25th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures, so as to change the provisions relating to the forfeiture of money and currency and money and currency received from the sale of seized property; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1804

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Bond Brannon Brantley Bryant Coverdell Dean

Greene Horton Howard Hudgins Kennedy Kidd Land

Littlefield Scott Stephens Stumbaugh Tate Turner Tysinger

Those voting in the negative were Senators:

Ballard Barnes Bowen Brown of 47th Cobb Coleman Deal Eldridge English Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Hudson Lester McGill McKenzie

Reynolds Robinson Starr Sutton Thompson Timmons Trulock Walker Wessels

Those not voting were Senators:

Allgood Broun of 46th

Evans Holloway (presiding)

Summers

On the passage of the bill, the yeas were 22, nays 29.

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 541.

HB 1175. By Representatives Savage of the 25th, Kemp of the 139th, Clark of the 13th and others:
A bill to amend Code Section 16-11-64 of the Official Code of Georgia An notated, relating to the use of wiretapping, eavesdropping, and other surveillance devices by law enforcement officers, so as to authorize the use of such devices in investigating crimes involving importation or sale of controlled substances.
Senate Sponsor: Senator Barnes of the 33rd.

TUESDAY, MARCH 9, 1982

1805

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans 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

Voting in the negative was Senator Hill.

Those not voting were Senators:

Allgood Brannon

Broun of 46th Fincher of 52nd

Fincher of 54th Holloway (presiding)

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsors: Senators Allgood of the 22nd and Deal of the 49th.

1806

JOURNAL OF THE SENATE

The Senate Committee on Special Judiciary offered the following substitute to HB73:

A BILL
To be entitled an Act to amend Code Section 26-1812, relating to the punishment for certain crimes of theft, as amended, so as to change the penalty provisions relating to the crimes of theft; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 26-1812, relating to the punishment for cer tain crimes of theft, as amended, is amended by striking from Code Sec tion 26-1812 the caption, introductory language, and subsection (a) and inserting in lieu thereof the following:
"Punishment. A person convicted of violation of Sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807, 26-1808, 26-1815 and 26-1816 shall be punished as for a misdemeanor except:
(a) If the property which was the subject of the theft exceeded $500.00 in value, or was an automobile or other motor vehicle, by im prisonment for not less than one and not more than 10 years, or, in the discretion of the trial judge, as for a misdemeanor;".
Part 2
Section 2. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, is amended by replacing Code Section 16-8-12 with a new Code section to read as follows:
"16-8-12. A person convicted of violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except:
(1) If the property which was the subject of the theft exceeded $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misde meanor;
(2) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his duties as such officer or employee, by im prisonment for not less than one nor more than 15 years;
(3) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, ad jacent to, or within any enclosure of a memorial to the dead, by im-

TUESDAY, MARCH 9, 1982

1807

prisonment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action taken by a cemetery, cemetery owner, lessee, trustee, church, religious or frater nal organization, corporation, civic organization, or club legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act; or
(4) (A) The provisions of paragraph (1) of this Code section not withstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which ex ceeded $100.00 in value, by imprisonment for not less than one nor more than 20 years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second offense under this paragraph shall be punished by im prisonment for not less than three years nor more than 20 years, no portion of which may be suspended, probated, deferred, or withheld; and any person who is convicted of a third offense under this paragraph shall be punished by imprisonment for not less than ten years nor more than 20 years, no portion of which may be suspended, probated, deferred, or withheld.
(B) Subsequent offenses committed under this paragraph, in cluding those which may have been committed after prior felony con victions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7."
Part3
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982.
|b) Part 1 of this Act shall be repealed effective November 1,1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are 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:

Ballard Barker Barnes

Bell Bond Bowen

Brannon Brantley Broun of 46th

1808

JOURNAL OF THE SENATE

Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge
Engram Evans Fincher of 52nd Fincher of 54th
Foster Garner

Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd
Lester Littlefield McGill McKenzie
Reynolds Robinson

Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood English

Greene Holloway (presiding)

Land Trulock

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 460. By Representative Beck of the 148th:
A bill to amend an Act providing for the transfer of functions, personnel and equipment from the State Building Administrative Board to the Department of Community Affairs, so as to add a municipal or county code enforcement official to the advisory board to the commissioner of the Department of Community Affairs.
Senate Sponsor: Senator Turner of the 8th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Bowen

Brantley Brown of 47th Bryant Cobb Coleman Coverdell

Deal Dean Eldridge English Engram Fincher of 52nd

Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Lester

TUESDAY, MARCH 9, 1982

1809

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Brannon Broun of 46th Evans

Fincher of 54th Holloway (presiding) Hudgins

Kidd Land Littlefield

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 720. By Senator Starr of the 44th: A bill to amend an Act known as the "Statewide Probation Act," as amended, so as to provide for a special term of probation for persons con victed of certain violations of the "Georgia Controlled Substances Act" in addition to any term of imprisonment; to provide for additional years of special probation for second or subsequent offenders; to amend the Official Code of Georgia Annotated accordingly.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Brown of 47th

Bryant
Cobb Coleman Coverdell Dean Eldridge English Engram

Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill

1810

JOURNAL OF THE SENATE

Horton Howard Hudgins Hudson Kennedy Kidd 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 Ballard Brannon

Deal Holloway (presiding)

Land Littlefield

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1339. By Representative Johnson of the 72nd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change the requirements relating to the remission of employee and employer contributions; to provide for a penalty in the case of the failure or refusal of the employer to remit timely the employee and employer contributions; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Tate of the 38th.

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and
Budget

DATE:

January 28, 1982

SUBJECT: Fiscal Note-House Bill 1339 (LC 7 4687) Teachers' Retirement System

This Bill places a deadline on boards of education and employers of teachers to remit monthly employee and employer contributions to TRS by the tenth calendar day of the month following the month for which

TUESDAY, MARCH 9, 1982

1811

the contributions were made. Employers submitting contributions after the deadline would be assessed a penalty fee of 1 Vz% of the remittance amount for each month or fraction of a month the remittance is late.

Based on a survey by TRS administrators of late payments experienc ed during a three-month period of 1981 and assuming that TRS would earn 15% interest on such payments, this Bill would enable TRS to earn an additional $418,000 annually.

I si W. M. Nixon State Auditor

Isi C. T. Stevens, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English Engrain

Fincher of 52nd Foster Garner Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Ballard Brannon Bryant

Evans Fincher of 54th Greene

Holloway (presiding) McKenzie Stumbaugh

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

1812

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 bill of the House:

HB 1236. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1982, and ending June 30, 1983.

The following local, uncontested resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their adoption:

SR 321. By Senator Foster of the 50th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that unless the joint county and municipal sales and use tax is approved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School District shall be re quired to impose, levy, and collect a 1 percent sales and use tax for educational purposes and adjust millage rate limitations upon and the millage rate levied by the Towns County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year; 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 VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows:
"The Board of Education of the Towns County School District shall impose, levy, and collect a sales and use tax for educational pur poses of that school district. This tax shall be at the rate of 1 percent, but in all other respects, except as otherwise provided in this paragraph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipality sales and use tax. The ad valorem tax millage rate limitation applicable to the Towns County School District under this Section VII of the Constitution shall be reduced for

TUESDAY, MARCH 9, 1982

1813

every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within the Towns County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately preceding taxable year. The Towns County School District shall also comply with the provisions of Code Section 48-8-91 as if the Towns County School District were a county or municipality within the meaning of that Code section and as if the tax provided for herein were levied pursuant to Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. No referendum shall be required for the imposition of this tax. Nothing in this paragraph shall prohibit Towns County and those municipalities located therein from hereafter imposing as an additional tax that joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, but if such joint county and municipality sales and use tax is approved for imposition within the special district constituting Towns County prior to November 1, 1982, then this paragraph shall be null, void, and of no force and effect. The Towns County School District is authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this paragraph. The tax autho rized by this paragraph may be imposed, levied, and collected as pro vided herein without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the sub ject matter of this paragraph and to further define and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted deal ing with the subject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that unless the joint county and municipal sales and use tax is
[ ] NO approved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School District shall be required to im pose, levy, and collect a 1 percent sales and use tax for educational purposes and adjust millage rate limitations upon and the millage rate levied by the Towns County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

1814

JOURNAL OF THE SENATE

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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:

Barnes Bell Bond Bowen 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 Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Allgood Ballard Barker Brannon

Evans Greene Holloway (presiding)

McGill Reynolds Robinson Scott Starr Stephens Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels
McKenzie Stumbaugh Tate

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

HR 594. By Representative Dobbs of the 74th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Covington in an amount to be fixed by the governing authority of the city at not more

TUESDAY, MARCH 9, 1982

1815

than $20,000.00 from all ad valorem taxes levied and collected by the ci 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 IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The governing authority of the City of Covington may grant an exemption from city ad valorem taxes on a homestead owned and oc cupied by a resident of the city as a residence and homestead, and on ly so long as actually occupied by the owner primarily as such, in an amount to be fixed by the governing authority at not more than $20,000.00 of its value. The governing authority of the city may by or dinance provide the procedures and requirements necessary for the proper administration of this exemption. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence. In such instances, such exemptions shall be granted to such properties, if claimed in the manner required by the city by one or more of the owners actually residing on such property. Such exemp tions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall claim the exemption granted by this paragraph in the manner required by the city."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Cov-
[ ] NO ington in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the city?''
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the 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.

1816

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:

Barnes Bell Bond Bowen 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 Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill Reynolds Robinson Scott Starr Stephens Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Ballard Barker Brannon

Evans Greene Holloway (presiding)

McKenzie Stumbaugh Tate

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

HR 705. By Representative Adams of the 79th:

A RESOLUTION
Proposing an amendment to the Constitution so as to enlarge and ex pand upon the types and kinds of projects which the Thomaston-Upson County Industrial Development Authority may undertake and in which it may be engaged; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The amendment to the Constitution of Georgia of 1945 which created the Thomaston-Upson County Industrial Development Authority, which amendment was ratified at the general election held in

TUESDAY, MARCH 9, 1982

1817

1964 and which is set forth in Ga. L. 1964, p. 817, and which was con tinued in force and effect by the provisions of the Constitution of Georgia of 1976, is amended by striking therefrom subparagraph (2) of paragraph D. and substituting in lieu thereof the following new subparagraph (2) to read as follows:
"(2) The word 'Project' shall be deemed to mean and include the optioning, acquisition (by purchase or otherwise), leasing, construc tion, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other im provements anywhere within the City of Thomaston or the County of Upson, and the acquisition (by purchase or otherwise), leasing, in stallation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used or useful for the purpose of the maintenance, enhancement, or development of trade, commerce, industry, or employment opportunities in the said City of Thomaston or the Coun ty of Upson. Any such project may be for any industrial, commercial, business, trade, office, parking, public, or other use so long as its pur pose is either to maintain, enhance, or develop trade, commerce, in dustry, or employment within the confines of said City of Thomaston or County of Upson."
Section 2. The said amendment to the Constitution of Georgia which created the Thomaston-Upson County Industrial Development Authority is further amended by striking therefrom subparagraph (7) of paragraph F. and substituting in lieu thereof the following new subparagraph (7) to read as follows:
"(7) To maintain, enhance, develop, encourage, or promote trade, commerce, industry, or employment in the City of Thomaston or the County of Upson and to make a long-range plan therefor."
Section 3. The said amendment to the Constitution of Georgia which created the Thomaston-Upson County Industrial Development Authority is further amended by striking therefrom subparagraph (16) of Paragraph F. and substituting in lieu thereof the following new subparagraph (16) to read as follows:
"(16) To do all things within its power to maintain, enhance, develop, promote, or encourage employment opportunities and trade, commerce, and industry in the City of Thomaston or the County of Upson."
Section 4. 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 enlarge and ex pand upon the types and kinds of projects which the
[ ] NO Thomaston-Upson County Industrial Development Au thority may undertake and in which it may be engaged?"

1818

JOURNAL OF THE SENATE

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the 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:

Barnes Bell Bond Bowen 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 Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill Reynolds Robinson Scott Starr Stephens Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Ballard Barker Brannon

Evans Greene Holloway (presiding)

McKenzie Stumbaugh Tate

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

TUESDAY, MARCH 9, 1982

1819

The following bill of the House was read the first time and referred to commit tee:

HB 1236. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1982, and ending June 30, 1983. Referred to Committee on Appropriations.

Senator Turner of the 8th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 4:19 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomor row.

1820

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, March 10, 1982 Thirtieth Legislative Day

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 March 9 in defeating the following bill of the Senate:
SB 541. By Senator Kidd of the 25th: A bill to amend Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures, so as to change the provisions relating to the forfeiture of money and currency and money and currency received from the sale of seized property; to provide an effective date.

On the motion, the President ordered a roll call, and the vote was as follows:

These voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Brannon
Brown of 47th Bryant Cobb Deal Dean

Eldridge English Engram Evans Foster
Holloway Horton Kennedy Kidd Lester

Voting in the negative was Senator Sutton.

Littlefield McGill Robinson Starr Summers
Tate Thompson Trulock Walker

Those not voting were Senators:

Bell Bond Bowen Brantley Broun of 46th

Coleman Coverdell Fincher of 52nd Fincher of 54th Garner

Gillis Greene Hill Howard Hudgins

WEDNESDAY, MARCH 10, 1982

1821

Hudson Land McKenzie Reynolds

Scott Stephens Stumbaugh Timmons

Turner Tysinger Wessels

On the motion, the yeas were 29, nays 1; the motion prevailed, and SB 541 was reconsidered and placed at the foot of the Senate General Calendar.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1766. By Representative McDonald of the 12th: A bill to authorize the governing authority of Jackson County to provide for supplemental compensation for the judge of the superior court in the Piedmont Judicial Circuit.
HB 1767. By Representatives Phillips of the 125th, Triplett of the 128th, Scott of the 123rd and others: A bill to amend an Act incorporating the City of Tybee Island, so as to remove certain territory from the territorial limits of the City of Tybee; to provide that such territory shall not be a part of the City of Tybee.

HB 1768. By Representatives Childers of the 15th, Adams of the 14th and Mont gomery of the 16th:
A bill to provide for the election of the judge of the Juvenile Court of Floyd County; to provide for terms, qualifications, compensation, removal, and vacancies; to provide for part-time practice of law by the judge.
HB 1775. By Representatives Rainey of the 135th and Sizemore of the 136th:
A bill to amend an Act creating the Small Claims Court of Crisp County, so as to change the provisions relative to the cost of service; to change the provisions relative to the cost of filing claims.

1822

JOURNAL OF THE SENATE

HB 1779. By Representatives Walker of the 115th, Watson of the 114th and Wad dle of the 113th:
A bill to amend an Act providing for a board of elections in counties hav ing a population of not less than 60,000 and not more than 65,000 accord ing to the United States decennial census of 1970 or any future such cen sus, so as to change the provisions relative to population.

HB 1781. By Representatives Hooks of the 116th and Castleberry of the lllth:
A bill to amend an Act providing for the compensation of county com missioners of counties having a population of not less than 26,290 and not more than 27,280, so as to provide that the Act shall apply only in counties having a population of not less than 29,200 and not more than 30,000.

HB 1782. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act creating and establishing the Small Claims Court in and for Laurens County, Georgia, so as to authorize the Chief Judge of the Laurens County Superior Court to fix an amount not to exceed Two Dollars ($2.00), as additional court costs to be charged and collected for the purpose of providing funds for the Laurens County Law Library.

HB 1784. By Representatives Scott of the 123rd, Davis of the 124th, Jones of the 126th and others:
A bill to amend an Act providing for an additional judge of the recorder's court in any county of this state having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census, so as to change the population brackets and census references.

HB 1785. By Representatives Godbee of the 82nd and Bargeron of the 83rd:
A bill to amend an Act providing that the governing authorities of all counties having a population of not less than 18,200 and not more than 18,900 according to the United States decennial census of 1970 or any future such census shall supplement the compensation of certain district attorneys, so as to change provisions relative to population.

HB 1467. By Representatives Culpepper of the 98th, Walker of the 115th, Snow of the 1st and others:
A bill to amend Code Section 91A-1361, relating to issuance of tax execu tions, so as to change provisions concerning fees charged on tax execu tions; to amend the Official Code of Georgia Annotated accordingly.

WEDNESDAY, MARCH 10, 1982

1823

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 573. By Representative Rainey of the 135th:
A resolution proposing an amendment to the Constitution so as to pro vide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Crisp County School System for all residents of the Crisp County School District who are 65 years of age or over.

HR 625. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to in crease the amount of the homestead exemption of each resident of Whitfield County from $2,000.00 to $10,000.00 for the purposes of all Whitfield County taxes and taxes to pay interest on and retire bonded in debtedness.

The House has passed by the requisite constitutional majority the following bill of the Senate:
SB 517. By Senator Kidd of the 25th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, so as to change the definition of the term "practi tioner"; to amend the Official Code of Georgia Annotated accordingly.

The House has agreed to the Senate amendments to the following bill of the House:

HB 1345. By Representatives Ham of the 80th, Coleman of the 118th, Randall of the 101st and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia An notated, relating to sheriffs, so as to change the provisions relating to the investigation of charges against sheriffs; to provide procedures for suspending sheriffs under certain circumstances.

The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:
HB 1384. By Representatives Vandiford of the 53rd, Jackson of the 77th, Colbert of the 23rd and others:
A bill to amend Code Chapter 24-28, relating to sheriffs, so as to authorize sheriffs to deposit cash bonds and cash reserves of professional bonds in interest-bearing accounts and to use interest proceeds for opera tion of their departments; to amend the Official Code of Georgia An notated accordingly.

1824

JOURNAL OF THE SENATE

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 767. By Senator Lester of the 23rd:
A bill to amend an Act known as the ' 'Drug Abuse Treatment and Educa tion Act", so as to change the purpose from ensuring that persons offer ing treatment are qualified to do so to that of ensuring that programs of fering treatment are licensed to do so; to change certain definitions; to change certain licensure provisions; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Human Resources.

SB 768. By Senator Foster of the 50th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia An notated, relating to the Department of Industry and Trade, so as to pro vide therein for the confidentiality of information accumulated by the Department of Industry and Trade related to specific company manufac turing, warehousing, or office location projects; to provide an effective date.
Referred to Committee on Industry, Labor and Tourism.

SB 769. By Senator Fincher of the 54th:
A bill to amend an Act placing the sheriff, clerk of the superior court, and judge of the probate court of Whitfield County on a salary system of com pensation, so as to change the compensation of the clerk and the judge of the probate court; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 770. By Senator Fincher of the 54th:
A bill to amend an Act changing the compensation of the coroner of Whitfield County, so as to change the compensation of the coroner; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 771. By Senator Kennedy of the 4th:
A bill to amend an Act creating the charter of the City of Claxton, as amended, so as to change the authority of the Mayor to name city ap pointments to various boards and commissions; to change the personnel policy of the City of Claxton; to change the procedure in which the budget is determined; to give the Mayor of the City of Claxton the right and power of veto and require a two-thirds majority of the City Council to override the veto.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, MARCH 10, 1982

1825

SR 346. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A resolution creating the Environmental Facilities Study Commission. Referred to Committee on Natural Resources and Environmental Quality.

SR 359. By Senators Eldridge of the 7th, Barker of the 18th, Dean of the 31st and others:
A resolution urging members of the congressional budget committees to reject any reorganization of the railroad retirement system provided for in the 1983 federal budget.
Referred to Committee on Rules.

SR 361. By Senators Bryant of the 3rd, Kennedy of the 4th, Coleman of the 1st and others:
A resolution creating the Georgia Coastal Islands Study Committee. Referred to Committee on Natural Resources and Environmental Quality.

SR 362. By Senator Eldridge of the 7th:
A resolution amending the Rules of the Senate. Referred to Committee on Rules.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1467. By Representatives Culpepper of the 98th, Walker of the 115th, Snow of the 1st and others:
A bill to amend Code Section 91A-1361, relating to issuance of tax execu tions, so as to change provisions concerning fees charged on tax execu tions; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1766. By Representative McDonald of the 12th:
A bill to authorize the governing authority of Jackson County to provide for supplemental compensation for the judge of the superior court in the Piedmont Judicial Circuit. Referred to Committee on County and Urban Affairs.

HB 1767. By Representatives Phillips of the 125th, Triplett of the 128th, Scott of the 123rd and others:
A bill to amend an Act incorporating the City of Tybee Island, so as to remove certain territory from the territorial limits of the City of Tybee; to provide that such territory shall not be a part of the City of Tybee.
Referred to Committee on County and Urban Affairs.

1826

JOURNAL OF THE SENATE

HB 1768. By Representatives Childers of the 15th, Adams of the 14th and Mont gomery of the 16th:
A bill to provide for the election of the judge of the Juvenile Court of Floyd County; to provide for terms, qualifications, compensation, removal, and vacancies; to provide for part-time practice of law by the judge.
Referred to Committee on County and Urban Affairs.

HB 1775. By Representatives Rainey of the 135th and Sizemore of the 136th:
A bill to amend an Act creating the Small Claims Court of Crisp County, so as to change the provisions relative to the cost of service; to change the provisions relative to the cost of filing claims.
Referred to Committee on County and Urban Affairs.

HB 1779. By Representatives Walker of the 115th, Watson of the 114th and Wad dle of the 113th:
A bill to amend an Act providing for a board of elections in counties hav ing a population of not less than 60,000 and not more than 65,000 accord ing to the United States decennial census of 1970 or any future such cen sus, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

HB 1781. By Representatives Hooks of the 116th and Castleberry of the lllth:
A bill to amend an Act providing for the compensation of county com missioners of counties having a population of not less than 26,290 and not more than 27,280, so as to provide that the Act shall apply only in counties having a population of not less than 29,200 and not more than 30,000.
Referred to Committee on County and Urban Affairs.

HB 1782. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act creating and establishing the Small Claims Court in and for Laurens County, Georgia, so as to authorize the Chief Judge of the Laurens County Superior Court to fix an amount, not to exceed Two Dollars ($2.00), as additional court costs to be charged and collected for the purpose of providing funds for the Laurens County Law Library.
Referred to Committee on County and Urban Affairs.

HB 1784. By Representatives Scott of the 123rd, Davis of the 124th, Jones of the 126th and others:
A bill to amend an Act providing for an additional judge of the recorder's court in any county of this state having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census, so as to change the population brackets and census references.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, MARCH 10, 1982

1827

HB 1785. By Representatives Godbee of the 82nd and Bargeron of the 83rd:
A bill to amend an Act providing that the governing authorities of all counties having a population of not less than 18,200 and not more than 18,900 according to the United States decennial census of 1970 or any future such census shall supplement the compensation of certain district attorneys, so as to change provisions relative to population.
Referred to Committee on County and Urban Affairs.

HR 625. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to in crease the amount of the homestead exemption of each resident of Whitfield County from $2,000.00 to $10,000.00 for the purposes of all Whitfield County taxes and taxes to pay interest on and retire bonded in debtedness.
Referred to Committee on County and Urban Affairs.

HR 573. By Representative Rainey of the 135th:
A resolution proposing an amendment to the Constitution so as to pro vide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Crisp County School System for all residents of the Crisp County School District who are 65 years of age or over.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture 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 708. Do pass. SB 735. Do pass.
Respectfully submitted, Senator McGill of the 24th District, Chairman

1828 Mr. President:

JOURNAL OF THE SENATE

The Committee on Appropriations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 715. Do pass. HB 1390. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President:

The 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 748. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

The 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:
HB 1252. Do pass by substitute. SB 750. Do pass. SB 747. Do pass.
Respectfully submitted, Senator Bond of the 39th District, Chairman

Mr. President:

The 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 746. Do pass.
SB 751. Do pass.

WEDNESDAY, MARCH 10, 1982

1829

SB 752. Do pass. SB 753. Do pass. SB 755. Do pass. SB 756. Do pass. SB 760. Do pass. SR 333. Do pass. HB 1503. Do pass. HB 1504. Do pass. HR 639. Do pass. HR 713. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 338. Do pass.
Respectfully submitted, Senator Thompson of the 32nd District, Chairman

Mr. President:
The Committee on Education 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 758. Do pass. Respectfully submitted, Senator Foster of the 50th District, Chairman

1830 Mr. President:

JOURNAL OF THE SENATE

The Committee on Higher Education has had under consideration the following bill and resolution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 331. Do pass. HB 1363. Do pass.
Respectfully submitted, Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the follow ing bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 761. Do pass. SR 296. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Industry, Labor and Tourism has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 745. Do pass.
Respectfully submitted, Senator Ballard of the 45th District, Chairman

Mr. President:

The Committee on Judiciary 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 612. Do pass.
SB 744. Do pass.
SB 749. Do pass.

WEDNESDAY, MARCH 10, 1982

1831

SB 763. Do pass. SB 764. Do pass. SB 766. Do pass. SR 340. Do pass.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

Mr. President:

The 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 515. Do pass by substitute.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Offender Rehabilitation 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 342. Do pass.
Respectfully submitted, Senator Kennedy of the 4th District, Chairman

Mr. President:

The 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 736. Do pass. SB 721. Do pass. SR 339. Do pass. HB 1382. Do pass.
Respectfully submitted, Senator Timmons of the 11th District, Chairman

1832 Mr. President:

JOURNAL OF THE SENATE

The Committee on Public Utilities has had under consideration the following bill and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1385. Do pass. HR 624. Do pass. HR 668. Do pass. HR 707. Do pass.
Respectfully submitted, Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Reapportionment 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 712. Do pass by substitute. HB 1426. Do pass as amended.
Respectfully submitted, Senator Hudson of the 35th District, Chairman

Mr. President:

The 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 362. Do pass.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

WEDNESDAY, MARCH 10, 1982

1833

Mr. President:

The Committee on Special Judiciary 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 275. Do pass by substitute.
Respectfully submitted, Senator Wessels of the 2nd District, Chairman

Mr. President:

The 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 638. Do pass.
Respectfully submitted, Senator Wessels of the 2nd District, Chairman

Mr. President:

The Committee on Transportation 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 762. 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 489. By Senator Scott of the 43rd:
A bill to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, license plates, and revalidation stickers, as amended, so as to delete the provisions allowing a vehicle to be stored at the owner's expense if a county decal is not affixed to the license plate; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal.

1834

JOURNAL OF THE SENATE

SB 574. By Senator Scott of the 43rd:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia An notated, relating to sentence and punishment, so as to change the provi sions relating to the authority of a judge to suspend or probate sentences of defendants convicted of a certain sex crime; to provide an effective date.

SB 587. By Senators English of the 21st, Gillis of the 20th, Walker of the 19th and others:
A bill to amend Code Chapter 26-31, relating to reducible felonies and capital offenses, so as to provide for mistrials in the sentencing phase of death penalty cases; to provide for all related matters; to amend the Of ficial Code of Georgia Annotated accordingly; to provide effective dates.

SB 714. By Senator Wessels of the 2nd:
A bill to amend an Act creating the Georgia Department of Labor, as amended, so as to create the Correctional Services Division; to provide for duties of the division; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain pro visions of this Act.

SB 726. By Senator Littlefield of the 6th:
A bill to amend an Act creating the Board of Commissioners of Wayne County, as amended, so as to change the provisions relative to the elec tion of members of the Board; to provide for other matters relative thereto; to provide for a referendum; to provide effective dates.

SB 727. By Senators Reynolds of the 48th and Deal of the 49th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia An notated, relating to juvenile proceedings, so as to provide for juvenile court jurisdiction over certain children over the age of 17 years; to change certain definitions; to provide an effective date.

SB 728. By Senators Wessels of the 2nd and Foster of the 50th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act", as amended, so as to change the membership of the authority; to provide for legislative intent; to create the Georgia Second ary Market Corporation; to provide that all of the corporate powers, duties, and functions of the corporation shall be exercised by a board of directors; to amend the Official Code of Georgia Annotated accordingly.

WEDNESDAY, MARCH 10, 1982

1835

SB 730. By Senator Summers of the 53rd:
A bill to amend Code Section 84-311 A, relating to the qualifications for auctioneers and apprentice auctioneers, so as to authorize the issuance of an auctioneer's license to certain persons without the necessity for taking an examination; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 733. By Senators Robinson of the 27th and Greene of the 26th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create a Senate Committee for Regulatory Reform; to provide for the powers, duties, authority, prac tices and procedures of the committee; to provide for the appointment of members; to provide for officers; to provide for the suspension of rules and regulations.

SB 734. By Senators Greene of the 26th and Robinson of the 27th:
A bill to amend Code Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, so as to change certain popula tion brackets; to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays and election days, so as to change certain population brackets and census references; to provide effective dates.

SB 739. By Senator Coverdell of the 40th:
A bill to amend Code Section 91A-102, relating to definitions under the "Georgia Public Revenue Code", so as to change the provisions relating to the definition of the term "Internal Revenue Code"; to amend the Of ficial Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal.

SB 740. By Senator Sutton of the 9th:
A bill to amend the "Georgia Residential Finance Authority Act", as amended, so as to remove from the authority the director of the Co operative Extension Service of the University of Georgia; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

SB 741. By Senator Littlefield of the 6th:
A bill to amend certain laws of this state based upon classifications of population providing for boards of elections or boards of registration and elections, so as to change the provisions relative to population and cen sus; to provide an effective date.

1836

JOURNAL OF THE SENATE

SB 742. By Senators Greene of the 26th and Robinson of the 27th:
A bill to amend an Act establishing the board of public education and or phanage for Bibb County, as amended, so as to authorize said board to expend funds to acquire, improve, and sell real or personal property in connection with its secondary and postsecondary vocational educational curricula or program.

SR 318. By Senators Evans of the 37th, Kennedy of the 4th, Hill of the 29th and others:
A resolution directing the Criminal Justice Coordinating Council to evaluate research on the causes of violent crime.

SR 324. By Senators Trulock of the 10th and Holloway of the 12th: A resolution designating the Georgia-Florida Parkway.

HB 739. By Representative Auten of the 154th:
A bill to amend Code Section 68-221, relating to licensure and registra tion of motor vehicles by nonresidents, so as to provide for definitions; to exempt certain persons from certain registration requirements for motor vehicles.

HB 767. By Representative Jackson of the 77th:
A bill to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, so as to provide notice of title transfer to potential lienholders, provided they have notified the owner of their furnishing of materials, labor or services.

HB 1266. By Representatives Lane of the 40th, Couch and Greer of the 43rd and others:
A bill to amend an Act establishing a new charter for the City of East Point, so as to provide for election of the mayor and council; to provide for two posts in each ward, one of which shall henceforth be elected on a ward-wide basis, and one of which shall be elected on a city-wide basis.

HB 1299. By Representatives Childers of the 15th and Adams of the 14th:
A bill to amend the "Georgia Post-Mortem Examination Act," so as to authorize other persons than the medical examiner or a person designated by him to draw blood to test for intoxicating substances; to amend the Official Code of Georgia Annotated accordingly.

HB 1328. By Representatives Nicholson of the 88th and Padgett of the 86th:
A bill to amend Code Section 24-2615, relating to the powers and jurisdiction of superior courts, so as to change the punishment for con tempt; to amend the Official Code of Georgia Annotated accordingly.

WEDNESDAY, MARCH 10, 1982

1837

HB 1341. By Representative Benn of the 38th:
A bill to amend the Act providing that cities having a population of more than 300,000 shall furnish pensions to all officers and employees of such cities or for other purposes set forth in the caption of said Act and the several Acts amendatory thereof; to authorize deductions from pension benefits for advanced sick leave.

HB 1403. By Representatives Chamberlin of the 73rd, Smith of the 152nd, Jones of the 78th and others:
A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia An notated, relating to the county law library, so as to provide for other uses of funds paid to the treasurer of the board of trustees of the county law library.

HB 1419. By Representative Wall of the 61st:
A bill to amend an Act authorizing leaves of absence for public employees when the absence is to permit the employee to participate in blood donation, so as to provide for additional leave of absence for public employees who donate blood platelets through the pheresis process; to amend the Official Code of Georgia Annotated accordingly.

HB 1483. By Representative Rowland of the 119th:
A bill to amend Code Section 5A-6121, relating to alcoholic beverage sales in private clubs in counties having a population of not less than 32,500 or more than 32,800 according to the census, so as to change the population brackets and census reference; to amend the Official Code of Georgia Annotated accordingly.

HB 1486. By Representative Russell of the 64th: A bill to reincorporate and provide a new charter for the City of Bogart.

HB 1550. By Representative Robinson of the 58th:
A bill to amend Code Section 41A-3520, relating to minors' deposits in financial institutions, so as to provide that a minor may have third-party payment accounts; to provide that the payment of an order to third par ties out of the minor's account shall be a valid and sufficient release and discharge of the savings and loan association for any payment out of such funds from the minor's account; to amend the Official Code of Georgia Annotated accordingly.

HB 1584. By Representative Evans of the 84th:
A bill to amend an Act known as the "Georgia Administrative Procedure Act," so as to provide that hearings may be conducted by telephonic communications with the consent of all parties; to amend the Official Code of Georgia Annotated accordingly.

1838

JOURNAL OF THE SENATE

HB 1585. By Representatives Karrh of the 106th, Coleman of the 118th, Manner of the 130th and others:
A bill to amend Code Section 26-2914, relating to the possession of firearms by convicted felons, so as to authorize the Board of Public Safe ty to grant relief from the disabilities imposed by this Code Section 16-11-131 of the Official Code of Georgia Annotated relating to the possession of firearms by convicted felons, so as to provide therein for the same changes provided for above.

HB 1595. By Representative Moore of the 152nd:
A bill to provide that in each county of this state having a population of not less than 26,200 nor more than 27,000 according to the United States decennial census of 1980 or any future such census the maximum court costs for the county law library fund which may be charged and collected in each action or case shall be $5.00; to amend the Official Code of Georgia Annotated accordingly.

HB 1624. By Representatives Triplett of the 128th, Scott of the 123rd, Phillips of the 125th and others:
A bill to amend an Act incorporating the City of Port Wentworth, so as to change the corporate limits of said city.

HB 1698. By Representative McDonald of the 12th:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia An notated, relating to the time for making tax returns, so as to change the time for submitting tax returns in certain counties.

HB 1701. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to amend an Act providing for the membership of the Cherokee County Board of Education, so as to provide for education districts for the Cherokee County Board of Education; to provide for the present members of the board.

HB 1702. By Representative Triplett of the 128th:
A bill to amend an Act creating a new charter for the City of Garden City, so as to provide that the council may appoint more than one recorder pro tem in the recorder's court; to provide that the mayor pro tern shall be an ex officio justice of the peace.

HB 1710. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing for a board of commissioners of Henry County, so as to create the office of county administrator; to provide for the qualifications, powers, duties, and responsibilities of the county ad ministrator.

WEDNESDAY, MARCH 10, 1982

1839

HB 1711. By Representative Lord of the 105th:
A bill to amend an Act creating a new charter for the City of Tennille so as to change the corporate limits of said city.

HB 1712. By Representative Lord of the 105th:
A bill to amend an Act creating the State Court of Washington County, so as to change the compensation of the judge and solicitor of said court.

HB 1713. By Representative Lord of the 105th:
A bill to amend an Act creating a board of commissioners of Washington County, so as to change the compensation of the commissioners; to change requirements as to purchases by competitive bids.

HB 1718. By Representative Sizemore of the 136th:
A bill to amend an Act creating a board of commissioners of roads and revenues of Worth County, so as to provide for commissioner districts for the election of commissioners.

HB 1720. By Representatives Johnson, Benefield and Lee of the 72nd and others:
A bill to amend an Act creating the "Clayton County Water Authority," so as to change the compensation of the chairman and other members of the authority.

HB 1721. By Representatives Johnson, Benefield and Lee of the 72nd and others:
A bill to amend an Act known as the "Clayton County Civil Service System Act," so as to change the provisions relating to the compensation of the members of the civil service board.

HB 1740. By Representatives Milford, Clark and Mann of the 13th:
A bill to amend an Act creating the office of tax commissioner of Hart County, so as to place the tax commissioner on an annual salary in lieu of the salary plus commission system of compensation.

HB 1744. 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.

1840

JOURNAL OF THE SENATE

HB 1751. By Representatives Milford, Clark and Mann of the 13th:
A bill to provide for referendum elections in Franklin County at which the voters of the Franklin County School District shall be given a choice of having the Franklin County Board of Education be composed of five persons elected thereto and appointing the superintendent of the School district, or of having the Franklin County Board of Education be compos ed of five persons elected thereto and having the superintendent of the school district be elected.

HR 510. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 21st and others:
A resolution to amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly, which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general elec tion in 1982, so as to make a technical change regarding the pardon or parole of persons convicted of armed robbery and delete certain references to earned time.

HR 513. By Representative Snow of the 1st:
A resolution to repeal Resolution Act No. 68 (Senate Resolution No. Ill), adopted at the 1981 regular session of the General Assembly which resolution proposed an amendment to the Constitution so as to provide for amendment of the Constitution by ratification of two or more new ar ticles or two or more new articles with related changes as a single amend ment.

HR 592. By Representative Ralston of the 7th: A resolution designating the C. L. Moss Parkway.

HR 593. By Representative Ralston of the 7th: A resolution designating the Clem Holland Memorial Bridge.

HR 597. By Representative Rainey of the 135th:
A resolution proposing an amendment to the Constitution so as to in crease the membership of the Crisp County-Cordele Industrial Develop ment Authority.

HR 634. By Representatives Matthews of the 145th and Collins of the 144th:
A resolution proposing an amendment to the Constitution so as to remove the maximum amount of interest that bonds issued by the Moultrie-Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds bor rowed from financial institutions.

WEDNESDAY, MARCH 10, 1982

1841

The following local, uncontested bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 1264. By Representatives McKinney of the 35th, Glover of the 32nd, Dean of the 29th and Benn of the 38th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for said city, so as to change the provisions relative to the President of the Council.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1480. By Representative Colbert of the 23rd:
A bill to amend an Act to reincorporate the City of Mountain Park in the Counties of Fulton and Cherokee; to create a new charter for said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1481. By Representative Colbert of the 23rd:
A bill to amend an Act establishing a new charter for the City of Roswell, so as to change the corporate limits of said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1842

JOURNAL OF THE SENATE

HB 1505. By Representative Marcus of the 26th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said City, so as to change the provisions relating to the qualifications of the members of the Board of Education 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 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1506. By Representative Marcus of the 26th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said City, so as to change the name of the Civil Service Board of the Atlanta School System to the Civil Service Commission and for review of Civil Service Commis sion decisions by the Atlanta 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 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1597. By Representatives Robinson of the 58th, Hawkins of the 50th, Richard son of the 52nd and others:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court in DeKalb 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.

WEDNESDAY, MARCH 10, 1982

1843

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 Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Hill Holloway 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 answering were Senators:

Ballard Bond

Coverdell Gillis

Greene Timmons

Senator Foster of the 50th introduced the chaplain of the day, Reverend Harold Sangster, pastor of the Georgia Baptist Assembly, Toccoa, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 345. By Senators Dean of the 31st and Fincher of the 52nd:
A resolution commending Joseph C. Gittings and proclaiming "Joseph C. Gittings Day" in Rome and Floyd County, Georgia.

SR 347. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Marcus Collins.

SR 348. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Al Burruss.

SR 349. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Bobby Carrell.

1844

JOURNAL OF THE SENATE

SR 350. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Charles Hatcher.

SR 351. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Sidney Marcus.

SR 352. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable George Williamson.

SR 353. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Clark Stevens.

SR 354. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable William]. Breeding.

SR 355. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Charles Kent.

SR 356. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Charles McDaniel.

SR 357. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Curtis H. Cadenhead, Jr.

SR 358. By Senators Wessels of the 2nd and Coleman of the 1st: A resolution expressing regrets at the passing of J. Ferris Cann, Jr.

SENATE RULES CALENDAR Wednesday, March 10, 1982 THIRTIETH LEGISLATIVE DAY

SB 676. Worker's Compensation--redefine "employer" (IL&Tou--45th)
HB 1218. Board for Examination, Qualifications and Registration of Architects--time of termination (AMENDMENT) (C&UA-G--14th)
SR 313. Trapper Safety Course Study Committee--create (NREQ-- 19th)
HB 1324. Kidnapping--unlawful to take certain action on those under 16 years of age (Judy--49th)

WEDNESDAY, MARCH 10, 1982

1845

SR 273. Filling Vacancies of Certain Justices and Judges--unexpired term (AMENDMENT) (Judy-16th)
SB 539. Continuing Garnishment--number of answers to summons (SUBSTITUTE) (SJudy-25th)
SB 555. Teachers' Retirement--transfer of those under certain independent school systems (SUBSTITUTE) (Ret-38th)
HB 1541. Certain Patient Information--authorize release to Department of Human Resources (AMENDMENT) (Judy--42nd)
HB 1323. Contributing to Delinquency of Minor--unlawful (SUBSTITUTE) (Judy-49th)
HB 883. Civil Practices Act--change effect of dismissal for failure of plain tiff to prosecute (Judy--33rd)
SB 717. Cities over 600 Population--maintain provisions for street im provement (Judy--10th)
SB 693. Inspection of Public Records--provide for certain penalties (AMENDMENT) (Judy-9th)
SR 306. Career Consulting Service Joint Study Committee--create (Rules-- 17th)
HR 542. MARTOC--change provisions on repeal of resolution creating (C&UA-G-31st)
SR 243. Constitutional Amendments--people have power to enact, reject (Gov Op-27th)
Respectfully submitted,
1st 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 676. By Senator Ballard of the 45th: A bill to amend Code Section 114-101, relating to definitions under the workers' compensation law, so as to change the definition of the terms "employer" and "employee"; to amend the Official Code of Georgia An notated accordingly; to provide effective dates.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1846

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd

Land McGill McKenzie Reynolds Robinson Starr Stephens Summers Sutton Thompson Timmons Trulock Walker Wessels

Those not voting were Senators:

Barnes Bell Broun of 46th English Evans

Holloway Hudgins Lester Littlefield Scott

Stumbaugh Tate Turner Tysinger

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1218. By Representatives McDonald of the 12th, Watson of the 114th, Kilgore of the 65th and others: A bill to amend Code Chapter 84-3, relating to architects, so as to change the time of the termination of the State Board for Examination, Qualifica tion, and Registration of Architects and the repeal of the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly. Senate Sponsor: Senator McKenzie of the 14th.
The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1218 by adding in the title on line 5 of Page 1, immediate ly preceding the words "to amend", the following:
"to change the provisions relating to enforcement by officials responsible for enforcing building construction codes;".

WEDNESDAY, MARCH 10, 1982

1847

By adding in the title at the end of line 10 of Page 1, immediately following the word "to", the following:
"change the provisions relating to enforcement by officials responsible for enforcing building construction codes; to".
By adding at the end of Part 1 between lines 17 and 18 on Page 2 a new section to read as follows:
"Section 1A. Said chapter is further amended by striking Code Section 84-321.1 in its entirety and inserting in lieu thereof a new Code Section 84-321.1 to read as follows:
'84-321.1. Enforcement of chapter. Except as provided in Section 9 of an Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, par ticularly by an Act approved April 17, 1981 (Ga. L. 1981, p. 1779), it shall be the duty of all public officials charged with the responsibility of enforcing codes related to construction of buildings to require com pliance with Code Section 84-321 before architectural plans, draw ings, and specifications are approved for construction. Except as pro vided in Section 9 of an Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, particularly by an Act approved April 17, 1981 (Ga. L. 1981, p. 1779), no building subject to the provisions of Code Section 84-321 and requiring the services of an architect shall be built without such approval prior to construction.' ''
By adding in Part 2 at the bottom of Page 3, immediately below line 32, a new section to read as follows:
"Section 4A. Said chapter is further amended by striking Code Section 43-4-15 in its entirety and inserting in lieu thereof a new Code Section 43-4-15 to read as follows:
'43-4-15. Except as provided in Code Section 25-2-14, it shall be the duty of all public officials charged with the responsibility of enforcing codes related to the construction of buildings to require compliance with Code Section 43-4-14 before architectural plans, drawings, and specifications are approved for construction. Except as provided in Code Section 25-2-14, no building subject to Code Section 43-4-14 and requiring the services of an architect shall be built without such approval prior to construction.' ''

On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

1848

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes 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 Hill Holloway Horton Howard Hudson Kennedy

Kidd Land McGill McKenzie Reynolds Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Walker Wessels

Those not voting were Senators:

Bell Broun of 46th Greene Hudgins

Lester Littlefield Robinson Scott

Stumbaugh Turner Tysinger

On the passage of the bill, the yeas were 45, nays 0.
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 313. By Senators Walker of the 19th, Gillis of the 20th, English of the 21st and others: A resolution creating the Trapper Safety Course Study Committee.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

WEDNESDAY, MARCH 10, 1982

1849

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 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 Horton Howard Hudgins Hudson Kennedy Kidd Land Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bell Evans

Greene Hollo way Lester

Stumbaugh Summers Thompson

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following general bill and resolution of the House and Senate, favorably reported by the committee, were read the third time and put upon their passage:
HB 1324. By Representative Phillips of the 59th: A bill to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and other related offenses, so as to repeal a subsection of the Code section relating to the offense of kidnapping which makes it unlawful for certain persons to take certain action relative to individuals under the age of 16 years. Senate Sponsor: Senator Deal of the 49th.

1850

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 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 Gillis Hill Hollo way Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Ballard Bowen

Evans Greene

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels
Summers Thompson

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 273. By Senator Land of the 16th:
A RESOLUTION
To amend Resolution Act No. 1 (House Resolution No. 4, adopted at the 1981 extraordinary session of the General Assembly (Ga. L. 1981, Ex. Sess., p. 143)), which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982, so as to provide that, if more than one year of an unexpired term of a Justice of the Supreme Court, a Judge of the Court of Appeals, a superior court judge, or a state court judge remains at the time a vacancy occurs, then such vacancy shall be filled by a special election; and for other purposes.

WEDNESDAY, MARCH 10, 1982

1851

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Resolution Act No. 1 (House Resolution No. 4, adopted at the 1981 extraordinary session of the General Assembly (Ga.L. 1981, Ex. Sess., p. 143)), which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982, is amended by striking in their entirety Paragraphs III and IV of Section VII of Article VI, which read as follows:
"Paragraph III. Vacancies. Vacancies shall be filled by appoint ment of the Governor except as otherwise provided by law in the magistrate, probate, and juvenile courts.
Paragraph IV. Period of service of appointees. An appointee to an elective office shall serve until a successor is duly selected and qualified and until January 1 of the year following the next general election which is more than six months after such person's appoint ment.",
and inserting in lieu thereof new Paragraphs III and IV to read as follows:
"Paragraph III. Vacancies filled by special election. If more than one year of an unexpired term of a Justice of the Supreme Court, a Judge of the Court of Appeals, a superior court judge, or a state court judge remains at the time a vacancy occurs, then the vacancy shall be filled by a special election.
Paragraph IV. Vacancies filled by appointment, (a) If one year or less of an unexpired term of a Justice of the Supreme Court, a Judge of the Court of Appeals, a superior court judge, or a state court judge re mains at the time a vacancy occurs, then the vacancy shall be filled by appointment of the Governor.
(b) Vacancies in the magistrate, probate, and juvenile courts shall be filled as provided by law."

The Senate Committee on Judiciary offered the following amendment:

Amend SR 273 by striking from line 7 of Page 1, from line 6 of Page 2, and from line 12 of Page 2 the following:
"one year",
and inserting in lieu thereof on each said line the following:
"two years".

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment was adopted.

1852

JOURNAL OF THE SENATE

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 takgn, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Brannon Brantley Coverdell Deal

Foster Greene Hudgins Land

Robinson Stumbaugh Sutton Tysinger

Those voting in the negative were Senators:

Allgood Ballard Barker Barnes Broun of 46th Brown of 47th Bryant Cobb Coleman Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Garner Gillis Holloway Howard Hudson Kennedy Kidd Littlefield McGill

Those not voting were Senators:

Bond Bowen Evans

Hill Horton

McKenzie Reynolds Scott Starr Stephens Summers Tate Timmons Trulock Turner Walker Wessels
Lester Thompson

On the adoption of the resolution, the yeas were 13, nays 36.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

WEDNESDAY, MARCH 10, 1982

1853

HB 1773. By Representatives Hawkins of the 50th, Childs of the 51st, Clark of the 55th and others:
A bill to amend Code Section 91A-1705, relating to the collection of school taxes by tax commissioners or tax collectors and commissions thereon, so as to change the provisions relating to commissions for the collection of school taxes in all counties of this state having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly.

HB 782. By Representatives Harris of the 8th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," so as to provide additional requirements relative to the school lunch program.

HB 1055. By Representatives Brooks of the 34th, Randall of the 101st, Hill of the 127th and others:
A bill to amend Code Chapter 35-10, relating to regulation of professional fund raising, so as to redefine the terms "charitable organization" and "charitable purpose".

HB 1237. By Representatives Jones of the 78th and Auten of the 154th:
A bill to amend Code Chapter 32-22 of the Official Code of Georgia An notated, relating to insurance premium finance companies, so as to make the provisions of said Chapter applicable to licensed resident local in surance agents under certain conditions.

HB 871. By Representatives Parham of the 109th, Darden of the 19th, Aiken of the 21st and others:
A bill to amend an Act regulating the occupation of cosmetology, so as to change the definition of the term "cosmetologist"; to define the term "master cosmetologist".

HB 1224. By Representatives Thomas of the 66th, Pilewicz of the 41st, Lawson of the 9th and others:
A bill to amend Code Chapter 26-12, relating to abortions, so as to pro hibit criminal feticide; to provide that certain acts of feticide shall con stitute the crimes of murder, voluntary manslaughter, and involuntary manslaughter; to amend the Official Code of Georgia Annotated accord ingly.

1854

JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 546. By Senator Kidd of the 25th:
A bill to amend an Act creating the office of tax commissioner of Han cock County, as amended, so as to change the compensation of the tax commissioner.

SB 547. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff, the judge of the Probate Court, and the clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation provisions relating to the judge of the probate court and the clerk of the superior court.

SB 476. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
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 exclude certain personnel from the classified service; to amend the Official Code of Georgia Annotated accordingly.

Senator Coverdell of the 40th introduced the doctor of the day, Dr. Donald Dennis, of Atlanta, Georgia.

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 539. By Senator Kidd of the 25th:
A bill to amend Code Chapter 46-7, relating to continuing garnishment, as amended, so as to change the provisions relating to the number of answers to a summons of continuing garnishment; to change the provi sions relating to answer and payment; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
The Senate Committee on Special Judiciary offered the following substitute to SB 539:
A BILL
To be entitled an Act to amend Code Chapter 46-7, relating to contin uing garnishment, as amended, so as to change the provisions relating to the number of answers to a summons of continuing garnishment; to change the provisions relating to answer and payment; to amend the Of-

WEDNESDAY, MARCH 10, 1982

1855

ficial Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 46-7, relating to continuing garnishment, as amended, is amended by striking in its entirety subsection (c) of Code Section 46-703 and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The plaintiff, using either forms provided by the court or forms prepared by the plaintiff, shall cause forms sufficient for two answers to a summons of continuing garnishment to be served on the garnishee along with such summons."
Section 2. Said Code chapter is further amended by striking in its en tirety subsection (a) of Code Section 46-704 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The summons of continuing garnishment shall be directed to the garnishee who shall be required:
(1) To file a first answer not sooner than the thirtieth day and not later than the forty-fifth day after service of summons of continuing garnishment, which answer shall state what property, money, or other effects of the defendant are subject to continuing garnishment from such time of service through and including the day of the first answer;
(2) To file the second answer not sooner than the ninetieth day and not later than the one hundred and fifth day from date of service. Such second answer shall state what property, money, or other effects of the defendant are subject to continuing garnishment from the first forty-fifth day answer date through and including the date on which the second such answer is filed. No subsequent answers shall be re quired on a summons of continuing garnishment after the second answer is filed; and
(3) To accompany both answers with any property, money, or other effects of the defendant admitted in the answer to be subject to continuing garnishment."
Section 3. Said Code chapter is further amended by striking in its en tirety subsection (a) of Code Section 46-708 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If the garnishee fails or refuses to file the answers required in this Code chapter, garnishee shall automatically become in default. Such default may be opened as a matter of right by the filing of the re quired answer within 15 days after the day of default upon payment of costs. If the case is still in default after the expiration of such period

1856

JOURNAL OF THE SENATE

of 15 days, judgment by default may be entered at any time thereafter against garnishee for the amount claimed to be due on the judgment obtained against the defendant."
Section 4. Said Code chapter is further amended by striking in its en tirety subsection (b) of Code Section 46-709 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Summons of continuing garnishment. (Style of Garnishment Action)
SUMMONS OF CONTINUING GARNISHMENT
To: __________ Garnishee

Amount claimed due by plaintiff (To be completed by plaintiff)

$______

Plus court cost due on this summons (To be completed by clerk)

$______

YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this sum mons and the time of making your final answer to this summons. Not sooner than 30 days and not later than 45 days after you are served with this summons, you are commanded to file your first answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named below. This answer shall state what property, money, and wages, except what is exempt, belonging to the defen dant, or debts owed to the defendant, you hold or owe at the time of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file a second and final answer no sooner than the ninetieth day and no later than the one hundred and fifth day after service. Such second answer shall state what property, money, and wages, except what is exempt, belonging to the defendant or debts owed to the defendant, you hold or owe at and from the time of the first answer to the time of the second answer. Money or other property admitted in an answer to be subject to continuing garnishment must be delivered to the court with your answers. Should you fail to file answers as required by this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant.

Witness the Honorable __________, Judge of said Court.

This ______ day of ______, 19_.

WEDNESDAY, MARCH 10, 1982

1857

Clerk, _ Court of. County

Plaintiff's attorney
Service perfected on garnishee, this ______ day of
Deputy Marshal, Sheriff, or Constable"
Section 5. Said Code chapter is further amended by striking in its en tirety subsection (c) of Code Section 46-709 and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Answer of continuing garnishment. (Style of Garnishment Ac tion)
ANSWER OF CONTINUING GARNISHMENT
1. From the time of service of this summons of continuing gar nishment, if this is the first answer to such summons, otherwise from the time of the last answer to this summons of continuing garnish ment, until the time of this answer, garnishee had in his possession the following described property of the defendant: __________.
2. From the time of service of this summons of continuing gar nishment, if this is the first answer to such summons, otherwise from the time of the last answer to this summons of continuing garnish ment, until the time of this answer, all debts accruing from garnishee to the defendant are in the amount of $______.
3. $______ of the amount named in paragraph 2 was wages earned at the rate of $______ per ______ for the period begin ning ______, 19_, through the time of making this answer. The amount of wages which is subject to this garnishment is computed as follows:
$______ gross earnings
$______ total social security and withholding tax
$______ total disposable earnings
$____. amount of wages subject to continuing garnishment
4. ( ) If checked, defendant is not presently employed by this garnishee and, if employed by garnishee on or after service of this summons of continuing garnishment, was most recently terminated as of the ______ day of ______, 19_.

1858

JOURNAL OF THE SENATE

5. ( ) If checked, this is the last answer this garnishee is required to file to the presently pending summons of continuing garnishment in the above-styled case.
6. Garnishee further states:

Garnishee or his attorney at law
(CERTIFICATE OF SERVICE)"
Part 2
Section 6. Chapter 4 of Title 18 of the Official Code of Georgia An notated, relating to garnishment proceedings, is amended by striking in its entirety subsection (c) of Code Section 18-4-112 and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The plaintiff, using either forms provided by the court or forms prepared by himself, shall cause forms sufficient for two answers to a summons of continuing garnishment to be served on the garnishee along with the summons."
Section 7. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 18-4-113 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The summons of continuing garnishment shall be directed to the garnishee, who shall be required:
(1) To file a first answer not sooner than the thirtieth day and not later than 45 days after service of summons of continuing garnish ment, which answer shall state what property, money, or other effects of the defendant are subject to continuing garnishment from the time of service through and including the day of the first answer;
(2) To file the second answer not sooner than the ninetieth day and not later than the one hundred and fifth day from date of service. Such second answer shall state what property, money, or other effects of the defendant are subject to continuing garnishment from the first forty-fifth day answer date through and including the date on which the second answer is filed. No subsequent answers shall be required on a summons of continuing garnishment after the second answer is filed;
and
(3) To accompany both answers with any property, money, or other effects of the defendant admitted in the answer to be subject to continuing garnishment."

WEDNESDAY, MARCH 10, 1982

1859

Section 8. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 18-4-115 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If the garnishee fails or refuses to file the answers required in this chapter, the garnishee shall automatically become in default. The default may be opened as a matter of right by the filing of the required answer within 15 days after the day of default upon payment of costs. If the case is still in default after the expiration of such period of 15 days, judgment by default may be entered at any time thereafter against garnishee for the amount claimed to be due on the judgment obtained against the defendant."
Section 9. Said chapter is further amended by striking in its entirety paragraph (2) of Code Section 18-4-118 and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Summons of continuing garnishment.
IN THE__________COURT OF__________COUNTY
STATE OF GEORGIA

Plaintiff v.
Defendant ------------ Garnishee ------------ Address

) ) ) Civil action
File no. __
) ) ) ) ) ) )

SUMMONS OF CONTINUING GARNISHMENT

To: ______ Garnishee

Amount claimed due by plaintiff (To be completed by plaintiff)

$______

Plus court cost due on this summons (To be completed by clerk)

$______

YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this sum mons and the time of making your final answer to this summons. Not sooner than 30 days and not later than 45 days after you are served with this summons, you are commanded to file your answer in

1860

JOURNAL OF THE SENATE

writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named below. This answer shall state what property, money, and wages, except what is exempt, belonging to the defen dant, or debts owed to the defendant, you hold or owe at the time of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file a second and final answer no sooner than the ninetieth day and no later than the one hundred and fifth day after service. Such second answer shall state what property, money, and wages, except what is exempt, belonging to the defendant or debts owed to the defendant, you hold or owe at and from the time of the first answer to the time of the second answer. Money or other property admitted in an answer to be subject to continuing garnishment must be delivered to the court with your answers. Should you fail to file answers as required by this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant.
Witness the Honorable ______, Judge of said Court.
This ______ day of ______, 19_.

. Court of ______ County

Clerk,

Plaintiff's attorney

Address Service perfected on garnishee, this ______ day of

Deputy marshal, sheriff, or constable"
Section 10. Said chapter is further amended by striking in its entire ty paragraph (3) of Code Section 18-4-118 and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Answer of continuing garnishment.
IN THE ______ COURT OF ______ COUNTY
STATE OF GEORGIA

WEDNESDAY, MARCH 10, 1982

1861

Plaintiff v.
Defendant

Civil action File no. __

Garnishee

Address
ANSWER OF CONTINUING GARNISHMENT
1.
From the time of service of this summons of continuing garnish ment, if this is the first answer to such summons, otherwise from the time of the last answer to this summons of continuing garnishment, until the time of this answer, garnishee had in his possession the following described property of the defendant:

2.
From the time of service of this summons of continuing garnish ment, if this is the first answer to such summons, otherwise from the time of the last answer to this summons of continuing garnishment, until the time of this answer, all debts accruing from garnishee to the defendant are in the amount of $______.
3.
. of the amount named in paragraph 2 was wages earn ed at the rate of $______ per ______ for the period beginning ______, 19_, through the time of making this answer. The amount of wages which is subject to this garnishment is computed as follows:
$______ Gross earnings
$______ Total social security and withholding tax
$______ Total disposable earnings
$______ Amount of wages subject to continuing garnishment

1862

JOURNAL OF THE SENATE

4.
( ) If checked, defendant is not presently employed by this garnishee and, if employed by garnishee on or after service of this sum mons of continuing garnishment, was most recently terminated as of the ______ day of ______, 19_.
5.
( ) If checked, this is the last answer this garnishee is required to file to the presently pending summons of continuing garnishment in the above-styled case.
6.
Garnishee further states: __________.

Garnishee or his attorney at law
(CERTIFICATE OF SERVICE)"
Part 3
Section 11. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 12. All laws and parts of laws in conflict with this Act are 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 Barker Barnes Bell Bond

Brannon Brantley Broun of 46th Brown of 47th Bryant

Cobb Coleman Deal Dean Eldridge

WEDNESDAY, MARCH 10, 1982

1863

English Engram Fincher of 52nd Fincher of 54th Foster Garner Hill Holloway Horton Howard

Hudson Kennedy Kidd McGill McKenzie Reynolds Scott Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Littlefield.

Those not voting were Senators:

Ballard Bowen Coverdell Evans

Gillis Greene Hudgins Land

Lester Robinson Starr

On the passage of the bill, the yeas were 44, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.
SB 555. By Senators Tate of the 38th, Coverdell of the 40th, Allgood of the 22nd and others:
A bill to amend an Act establishing the Teachers Retirement System, as amended, so as to change the provisions relative to the transfer of teachers under a certain independent school system to the Teachers Retirement system; to amend the Official Code of Georgia Annotated ac cordingly; to provide effective dates; to provide for specific repeal.

1864

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 Horace Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and
Budget

DATE:

February 15, 1982

SUBJECT: Fiscal Note-Senate Bill 555 (LC 7 4670) Teachers' Retirement System (TRS)

This Bill extends the deadline for teachers' purchases of creditable service pursuant to their transfer from a local retirement fund to TRS from January 1, 1982 to December 31, 1983. For teachers retiring be tween January 1, 1982 and December 31, 1983, the deadline would be extended from January 1, 1982 to the date of retirement.

Since the deadline for purchase of service credit has expired, the ef fect of this Bill would be to allow persons to purchase service credit that they cannot currently obtain. There are approximately 200 persons who transferred to TRS but failed to make the required contribution before the deadline. Based on the average years of service and projected com pensation of these members and assuming that members would pay the required contributions plus 4 '/2% interest and retire at the normal retire ment age of 62, the unfunded liability created at retirement for each year of credit purchased would be $2,772 (which has a current present value of $587). The actuary for the Retirement System has stated that the overall cost of this proposal should be negligible.

Is/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to SB 555:
A BILL
To be entitled an Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to change the provisions relative to the transfer of teachers under a certain independent school system to the Teachers'

WEDNESDAY, MARCH 10, 1982

1865

Retirement System; to amend the Official Code of Georgia Annotated ac cordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act establishing the Teachers' Retirement System, ap proved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is amended by striking paragraph (e) of subsection (8) of Section 9 in its entirety and substituting in lieu thereof a new paragraph (e) to read as follows:
"(e) Each teacher becoming a member of the Teachers' Retire ment System pursuant to paragraph (c) of this subsection shall pay to the Board of Trustees the amount of contributions which would have been paid by the teacher to the Teachers' Retirement System had the teacher been a member of the Teachers' Retirement System during the period of creditable service established pursuant to paragraph (c) of this subsection, plus interest, as hereinafter provided, which would have accumulated on such contributions, less the amount paid on behalf of each such teacher pursuant to paragraph (d) of this subsec tion. Interest which would have accumulated on such contributions shall be computed on the basis of regular accrued interest until January 1, 1982, and on the basis of 16 percent per annum from January 1, 1982, until the payment required herein is made. The Board of Trustees shall determine the amount required to be paid as interest. Such payment shall and must be made to the Board of Trustees in the manner prescribed by the Board of Trustees by not later than April 1, 1983, or by the date of retirement for any teacher who retires prior to April 1, 1983, whichever is earlier."
Part 2
Section 2. Code Section 47-3-66 of the Official Code of Georgia An notated, relating to membership of teachers who are employed by cer tain independent school systems, is amended by striking subsection (e) in its entirety and substituting in lieu thereof a new subsection (e) to read as follows:
"(e) Each teacher who becomes a member of the retirement system pursuant to subsection (c) of this Code section shall pay to the board of trustees the amount of contributions which would have been paid by the teacher to the retirement system had the teacher been a member of the retirement system during the period of creditable ser vice established pursuant to subsection (c) of this Code section, plus interest, as hereinafter provided, which would have accumulated on such contributions, less the amount paid on behalf of each such teacher pursuant to subsection (d) of this Code section. Interest which would have accumulated on such contributions shall be computed on the basis of regular accrued interest until January 1, 1982, and on the basis of 16 percent per annum from January 1, 1982, until the pay ment required herein is made. The board of trustees shall determine the amount to be paid as interest. Such payment shall and must be made to the board of trustees in the manner prescribed by the board

1866

JOURNAL OF THE SENATE

of trustees by not later than April 1, 1983, or by the date of retirement for any teacher who retires prior to April 1, 1983, whichever is earlier."
Parts
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are 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 Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and
Budget

DATE:

March 2, 1982

SUBJECT: Fiscal Note-Senate Bill 555 (Substitute) (LC 7 4908S) Teachers' Retirement System (TRS)

The substitute version of this Bill extends the deadline for teachers' purchases of creditable service pursuant to their transfer from a local retirement fund to TRS from January 1, 1982 to April 1, 1983. For
teachers retiring between January 1, 1982 and April 1, 1983, the deadline would be extended from January 1, 1982 to the date of retirement. The
substitute version of this Bill also revises the method of calculating in terest on contributions which must be paid to receive transfer credit. In terest would be computed at the rate of 4 %% per annum until January 1, 1982 and at the rate of 16% per annum thereafter. Currently, TRS
charges interest at the rate of 4 %%.

Since the deadline for purchase of service credit has expired, the ef fect of this Bill would be to allow persons to purchase service credit that

WEDNESDAY, MARCH 10, 1982

1867

they cannot currently obtain. There are approximately 200 persons who transferred to TRS but failed to make the required contribution before
the deadline. Based on the average years of service and projected com pensation of these members and assuming that members would pay the required contributions plus 16% interest and retire at the normal retire ment age of 62, the unfunded liability created at retirement for each year
of credit purchased would be $2,086 (which has a current present value of $442).

I si W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Tate of the 38th offered the following amendment:
Amend the substitute to SB 555 offered by the Senate Committee on Retirement by striking on Page 2, line 10, the following:
" April 1"
and substituting in lieu thereof the following: "December 31";
and by striking on Page 2, line 12, the following: " April 1"
and substituting in lieu thereof the following: "December 31";
and by striking on Page 3, line 7, the following: "April 1"
and substituting in lieu thereof the following: "December 31;
and by striking on Page 3, line 9, the following: " April 1"
and substituting in lieu thereof the following: "December 31".

1868

JOURNAL OF THE SENATE

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 Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and
Budget

DATE:

March 9, 1982

SUBJECT: Fiscal Note--Senate Bill 555 (Amendment to the Committee Substitute)-- Teachers' Retirement System (TRS)

The substitute version of this Bill extends the deadline for teachers' purchases of creditable service pursuant to their transfer from a local retirement fund to TRS from January 1, 1982 to December 31, 1983. For teachers retiring between January 1, 1982 and December 31, 1983, the deadline would be extended from January 1, 1982 to the date of retire ment. The substitute version of this Bill also revises the method of calculating interest on contributions which must be paid to receive transfer credit. Interest would be computed at the rate of 4 Vz% per an num until January 1, 1982 and at the rate of 16% per annum thereafter. Currently, TRS charges interest at the rate of 4 '/2%.

Since the deadline for purchase of service credit has expired, the ef fect of this Bill would be to allow persons to purchase service credit that they cannot currently obtain. There are approximately 200 persons who transferred to TRS but failed to make the required contribution before the deadline. Based on the average years of service and projected com pensation of these members and assuming that members would pay the required contributions plus 16% interest and retire at the normal retire ment age of 62, the unfunded liability created at retirement for each year of credit purchased would be $2,608 (which has a current present value
of $552).

Isi W. M. Nixon State Auditor

Is! C. T. Stevens, Director Office of Planning and Budget

On the adoption of the amendment, the yeas were 29, nays 0, and the amend ment was adopted.

WEDNESDAY, MARCH 10, 1982

1869

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 Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engrarn Fincher of 54th Foster Garner Hill Horton Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie

Those not voting were Senators:

Broun of 46th Evans Fincher of 52nd

Gillis Greene Holloway (presiding)

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Howard Littlefield

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 555.

1870

JOURNAL OF THE SENATE

HB 1541. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Section 38-41B, relating to confidential communica tions, so as to authorize physicians to release certain patient information to the Department of Human Resources and its divisions, agents, and successors under certain conditions and to provide immunity from liability therefor; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsors: Senators Howard of the 42nd and Scott of the 43rd.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1541 by striking from line 2 of Page 4 the following: "and social welfare programs",
and inserting in its place the following: "programs pursuant to Code Section 31-12-2".

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
Brown of 47th Bryant Cobb Coleman Coverdell Deal

Dean Eldridge English Engram Evans Foster Gillis Greene Hill
Howard Hudgins Hudson Kennedy Kidd Lester

McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Tate Thompson
Timmons Trulock Turner Tysinger Walker Wessels

WEDNESDAY, MARCH 10, 1982

1871

Voting in the negative were Senators Garner and Sutton.

Those not voting were Senators:

Broun of 46th Fincher of 52nd Fincher of 54th

Holloway (presiding) Horton Land

Littlefield Reynolds Summers

On the passage of the bill, the yeas were 45, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
The following local bills of the Senate were taken up for the purpose of con sidering the House substitutes thereto:
SB 547. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff, the judge of the Probate Court, and the clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation provisions relating to the judge of the probate court and the clerk of the superior court; to provide an effective date.
The House substitute to SB 547 was as follows:
A BILL
To be entitled an Act to amend an Act placing the sheriff, the judge of the Probate Court, and the clerk of the Superior Court of Hancock Coun ty on an annual salary in lieu of the fee system of compensation, approv ed February 18, 1964 (Ga. L. 1964, p. 2088), as amended, so as to change the compensation provisions relating to the judge of the probate court and the clerk of the superior court; to change the provisions relating to clerical help in the clerk's office; to provide for the compensation of such clerical help; 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 placing the sheriff, the judge of the Probate Court, and the clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. L. 1964, p. 2088), as amended, is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) The judge of the Probate Court of Hancock County shall receive an annual salary of $ 16,500.00, payable in equal monthly installments from the funds of Hancock County. In addition to such

1872

JOURNAL OF THE SENATE

salary, the judge of the probate court shall also receive a longevity in crease in salary at the end of each 12 month period of service com pleted by the person serving as judge of the probate court after the salary stated in the first sentence of this section becomes effective. The longevity increase in salary shall be equal to 5 percent of the base salary of said judge. For the purposes of this section, the term 'base salary' shall mean the salary stated in the first sentence of this section plus any longevity increases received by the person serving as judge of the probate court pursuant to the provisions of this section.
(b) (1) In addition to the salary provided in subsection (a) of this section, if the judge of the Probate Court of Hancock County also holds and conducts elections or is responsible for conducting elections for members of the General Assembly under the provisions of any ap plicable general or local law of this state, said judge shall receive an additional compensation in the amount of $ 100.00 per month.
(2) In addition to the salary provided in subsection (a) of this sec tion and paragraph (1) of this subsection, if the judge of the Probate Court of Hancock County is responsible for traffic cases under the provisions of any general or local law of this state, said judge shall receive an additional compensation in the amount of $150.00 per month."
Section 2. Said Act is further amended by striking Section 4 in its en tirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The clerk of the Superior Court of Hancock County shall receive an annual salary of $ 16,500.00, payable in equal monthly installments from the funds of Hancock County. In addition to such salary, the clerk shall also receive a longevity increase in salary at the end of each 12 month period of service completed by the person serv ing as clerk after the salary stated in the first sentence of this section becomes effective. The longevity increase in salary shall be equal to 5 percent of the base salary of said clerk. For the purposes of this sec tion, the term 'base salary' shall mean the salary stated in the first sentence of this section plus any longevity increases received by the person serving as clerk of the superior court pursuant to the provi sions of this section.
(b) The clerk of the superior court is hereby authorized to employ a deputy clerk who shall receive a salary of not less than $800.00 per month, the exact amount to be determined by the governing authority of the county, said compensation to be paid on the last business day of the calendar month out of the funds of the county.
(c) It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the persons who shall serve as personnel in his office, to describe their duties and assignments, and to remove or replace such person nel at will and within his sole discretion."
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.

WEDNESDAY, MARCH 10, 1982

1873

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 547.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 547.

SB 546. By Senator Kidd of the 25th:
A bill to amend an Act creating the office of tax commissioner of Han cock County, as amended, so as to change the compensation of the tax commissioner; to provide an effective date.

The House substitute to SB 546 was as follows:
A BILL
To be entitled an Act to amend an Act creating the office of tax com missioner of Hancock County, approved February 9, 1956 (Ga. L. 1956, p. 2037), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 2967), so as to change the compensation of the tax com missioner; to change the provisions relating to clerical help in the office of the tax commissioner; to provide for the compensation of such clerical help; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of tax commissioner of Hancock County, approved February 9, 1956 (Ga. L. 1956, p. 2037), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 2967), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The tax commissioner of Hancock County shall receive an annual salary of $16,500.00, payable in equal monthly in stallments from the funds of Hancock County. In addition to such salary, the tax commissioner shall also receive a longevity increase in salary at the end of each 12 month period of service completed by the person serving as tax commissioner after the salary stated in the first sentence of this section becomes effective. The longevity increase in salary shall be equal to 5 percent of the base salary of said tax commis sioner. For the purposes of this section, the term 'base salary' shall mean the salary stated in the first sentence of this section plus any longevity increases received by the person serving as tax commis sioner pursuant to the provisions of this section. All fees, commis sions, costs, or any other perquisites collected by the tax commis sioner shall be the property of Hancock County and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected.

1874

JOURNAL OF THE SENATE

(b) The tax commissioner shall have the authority to employ a deputy tax commissioner who shall receive a monthly salary of not less than $800.00, the exact amount to be determined by the govern ing authority of Hancock County. Said salary shall be paid out of the funds of Hancock County.
(c) It shall be within the sole power and authority of the tax com missioner, during his term of office, to designate and name the per sons who shall serve as personnel in his office, to describe their duties and assignments, and to remove or replace such personnel at will and within his sole discretion."
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 repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 546.

On the motion, Senator Holloway of the 12th, President Pro Tempore, who was presiding, ordered a roll call, 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 Fincher of 52nd Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Those not voting were Senators:

Bowen Coverdell Fincher of 54th

Hill Holloway (presiding) Reynolds

Littlefield McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Walker Wessels
Thompson Trulock

WEDNESDAY, MARCH 10, 1982

1875

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 546.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1323. By Representative Phillips of the 59th:
A bill to amend Code Section 16-12-1 of the Official Code of Georgia An notated, relating to contributing to the delinquency of a minor, so as to make contributing to the delinquency, unruliness, or deprivation of a minor unlawful.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 1323:

A BILL
To be entitled an Act to amend Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to contributing to the delinquency of a minor, so as to make contributing to the delinquency, unruliness, or deprivation of a minor unlawful; to provide definitions; to prohibit a cer tain defense; to provide for penalties; 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 16-12-1 of the Official Code of Georgia An notated, relating to contributing to the delinquency of a minor, is amend ed by striking in its entirety said Code section, which reads as follows:
"16-12-1. When any parent, guardian, or person having the custody, control, or supervision of any delinquent or neglected child, or any other person has knowingly and willfully encouraged, aided, caused, abetted, or connived at such state of delinquency or neglect or has willfully done any act or acts which he knew or should have known would produce, promote, or contribute to or tend to produce, promote, or contribute to the conditions which render such a child delinquent or neglected, such parent, guardian, or other person shall be guilty of a misdemeanor.'',
and inserting in lieu thereof a new Code Section 16-12-1 to read as follows:
"16-12-1. (a) As used in this Code section, the term:
(1) 'Conviction' means a finding of guilt, an entering of a plea of guilty, or an entering of a plea of nolo contendere.

1876

JOURNAL OF THE SENATE

(2) 'Minor' means any individual who is under the age of 17 years or any individual under the age of 18 years who is alleged to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings.
(b) A person commits the offense of contributing to the delinquen cy, unruliness, or deprivation of a minor when:
(1) He knowingly and willfully encourages, causes, abets, con nives, or aids a minor in committing a delinquent act as such is defin ed in Code Section 15-11-2, relating to juvenile proceedings;
(2) He knowingly and willfully encourages, causes, abets, con nives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Sec tion 15-11-2, relating tojuvenile proceedings; or
(3) He willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating tojuvenile proceedings.
(c) It shall not be a defense to the offense provided for in this Code section that the minor has not been formally adjudged to have com mitted a delinquent act or has not been found to be unruly or depriv ed.
(d) A person convicted of the offense of contributing to the delin quency, unruliness, or deprivation of a minor shall be punished as follows:
(1) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned;
(2) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than one year, or both fined and imprisoned; and
(3) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less tehda."n one year nor more than three years, or both fined and imprison
Section 2. This Act shall become effective on November 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

WEDNESDAY, MARCH 10, 1982

1877

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 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 Hill Horton Howard Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Ballard Brannon Engram

Holloway (presiding) Hudgins Hudson

McGill Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
McKenzie Reynolds Stephens

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 bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 476. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: 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 exclude certain personnel from the classified service; to amend the Official Code of Georgia Annotated accordingly.

1878

JOURNAL OF THE SENATE

The House substitute to SB 476 was as follows:

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. L. 1975, p. 79), as amended, so as to exclude certain positions from the classified service; to amend Code Sec tion 45-20-2 of the Official Code of Georgia Annotated, relating to defini tions relative to the State Merit System of Personnel Administration, so as to provide for the changes described above; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. L. 1975, p. 79), as amended, is amended by adding at the end of paragraph (2) of subsection (a) of Section 2 the following new subparagraph:
"(xxv) positions in the class Major assigned to the Uniform Divi sion of the Georgia State Patrol."
Part 2
Section 2. Code Section 45-20-2 of the Official Code of Georgia An notated, relating to definitions relative to the State Merit System of Per sonnel Administration, is amended by striking subparagraphs (W) and (X) of paragraph (15) and substituting in lieu thereof the following:
"(W) Time-limited positions established for the purpose of con ducting a specific study, investigation, or project subject to the ap proval of the commissioner;
(X) Additional positions of unique functions as may be authorized by the commissioner; and
(Y) Positions in the class Major assigned to the Uniform Division of the Georgia State Patrol."
Part 3
Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,1982.

WEDNESDAY, MARCH 10, 1982

1879

(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 476.

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 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 Horton Howard Kennedy Kidd Land
Lester Littlefield

McGill McKenzie
Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger
Walker Wessels

Those not voting were Senators:

Broun of 46th Evans Holloway (presiding)

Hudgins Hudson

Reynolds Stephens

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 476.

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 883. By Representatives Culpepper of the 98th, Kemp of the 139th, Davis of the 45th and others:
A bill to amend the "Georgia Civil Practice Act," so as to change the ef fect of a dismissal for failure of the plaintiff to prosecute.
Senate Sponsor: Senator Barnes of the 33rd.

1880

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond 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 Hill Horton Howard Kennedy Kidd Lester Littlefield McGill

McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Broun of 46th Greene

Holloway (presiding) Hudgins Hudson

Land Reynolds Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 717. By Senator Trulock of the 10th:
A bill to amend an Act providing for and assisting in statutory and Code revision by the repeal of certain obsolete and superseded laws based upon classifications of population, so as to delete the provision which repeals an Act providing for street improvements in municipalities hav ing a population of 600 or more, as amended, officially codified as Code Chapter 69-4.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 10, 1982

1881

On the passage of 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 Cobb Coleman Coverdell 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:

Bell Bryant Deal Holloway (presiding)

Hudgins Hudson Land Reynolds

Littlefield McGill McKenzie Robinson Scott Stephens Summers Sutton Thompson Timmons Trulock Turner Ty singer Walker
Starr Stumbaugh Tate Wessels

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majoritry, was passed.
The following bills of the House were read the first time and referred to com mittees:
HB 782. By Representatives Harris of the 8th, Lee of the 72nd, Walker of the 115th and others: A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," so as to provide additional requirements relative to the school lunch program.
Referred to Committee on Appropriations.
HB 871. By Representatives Parham of the 109th, Darden of the 19th, Aiken of the 21st and others: A bill to amend an Act regulating the occupation of cosmetology, so as to change the definition of the term "cosmetologist"; to define the term "master cosmetologist''.
Referred to Committee on Human Resources.

1882

JOURNAL OF THE SENATE

HB 1055. By Representatives Brooks of the 34th, Randall of the 101st, Hill of the 127th and others:
A bill to amend Code Chapter 35-10, relating to regulation of professional fund raising, so as to redefine the terms "charitable organization" and "charitable purpose".
Referred to Committee on Consumer Affairs.

HB 1224. By Representatives Thomas of the 66th, Pilewicz of the 41st, Lawson of the 9th and others:
A bill to amend Code Chapter 26-12, relating to abortions, so as to pro hibit criminal foeticide; to provide that certain acts of foeticide shall con stitute the crimes of murder, voluntary manslaughter, and involuntary manslaughter; to amend the Official Code of Georgia Annotated accord ingly. Referred to Committee on Special Judiciary.
HB 1237. By Representatives Jones of the 78th and Auten of the 154th:
A bill to amend Code Chapter 33-22 of the Official Code of Georgia An notated, relating to insurance premium finance companies, so as to make the provisions of said chapter applicable to licensed resident local in surance agents under certain conditions. Referred to Committee on Banking, Finance and Insurance.
HB 1773. By Representatives Hawkins of the 50th, Childs of the 51st, Clark of the 55th and others:
A bill to amend Code Section 91A-1705, relating to the collection of school taxes by tax commissioners or tax collectors and commissions thereon, so as to change the provisions relating to commissions for the collection of school taxes in all counties of this state having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on County and Urban Affairs.
The following general bill and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SB 693. By Senator Sutton of the 9th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for certain penalties; to provide for certain actions in the superior courts; to provide for attorney's fees; to provide for other mat ters relative to the foregoing; to provide an effective date.

WEDNESDAY, MARCH 10, 1982

1883

The Senate Committee on Judiciary offered the following amendment:

Amend SB 693 by inserting on line 14 of Page 1 after the following: "who",
the following: "willfully".

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 Brannon Brantley Broun of 46th Brown of 47th Cobb Coverdell Deal Dean Eldridge

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Howard Hudson Kidd Lester Littlefield McGill

McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger

Those voting in the negative were Senators:

Coleman English

Gillis Kennedy

Those not voting were Senators:

Bell Bowen Bryant

Holloway (presiding) Horton Hudgins

Walker Wessels
Land Reynolds

On the passage of the bill, the yeas were 42, nays 6.

1884

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.

The President resumed the Chair.

SR 306. By Senator Horton of the 17th:
A resolution creating the Career Consulting Service Joint Study Commit tee.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Cobb 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 Land Lester Littlefield

McGill McKenzie Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bell Brannon

Bryant Coleman Hudgins

Reynolds Stephens

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, MARCH 10, 1982

1885

HR 542. By Representative Greer of the 43rd:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the repeal of the resolution.
Senate Sponsor: Senator Dean of the 31st.

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 Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield

Those not voting were Senators:

Bell Bryant Fincher of 52nd

Hollo way Hudgins Land

McGill McKenzie Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Reynolds Stephens

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general resolution of the Senate, having been read the third time on February 9 and postponed until the Thirtieth Legislative Day, was put upon its adoption:

1886

JOURNAL OF THE SENATE

SR 243. By Senators Robinson of the 27th, Greene of the 26th, Land of the 16th 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 exceptions; to provide that the provi sions shall be self-executing.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Bowen Brantley Cobb Coleman Coverdell Dean Eldridge Engrain

Evans Fincher of 54th Foster Garner Horton Howard Hudson Kidd Land Lester Littlefield

Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Tysinger

Those voting in the negative were Senators:

Allgood Brannon Broun of 46th Brown of 47th Deal English

Gillis Hill Holloway Kennedy McGill

McKenzie Summers Timmons Walker Wessels

Those not voting were Senators:

Bell Bryant

Fincher of 52nd Greene

Hudgins Reynolds

On the adoption of the resolution, the yeas were 34, nays 16.

The resolution, having failed to receive the requisite constitutional majority, was lost.

WEDNESDAY, MARCH 10, 1982

1887

Senator Robinson of the 27th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 243.

The following local, uncontested resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their adoption:

SR 320. By Senator Hudson of the 35th:

A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create the Hapeville Development Authority; to provide for the powers, authority and duty of such Authority; to authorize the Authority to issue its revenue bonds, and to provide for the method and manner of such issuance and for validation thereof; to authorize the Authority to contract with the City of Hapeville and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Hapeville to contract with the Authority for the use by the City of Hapeville or the residents thereof of any facilities or ser vices of the Authority, and to authorize said city to create special tax districts and to levy taxes and to expend tax monies from said tax districts as well as tax funds of the city and other available funds of the city and to authorize the city to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Hapeville; to authorize the establishment of such rules and regulations and procedures as are necessary to ac complish the lawful purpose of said Authority; to provide for submission of this amendment for ratification or rejection; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"HAPEVILLE DEVELOPMENT AUTHORITY
1. Creation. There is hereby created a body, corporate and politic to be known as the Hapeville Development Authority which shall be deemed to be an instrumentality and political subdivision of the State of Georgia and a public corporation thereof and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity.
2. Purpose. The said Authority is created for the purpose of ac quiring, constructing, adding to, extending, improving, equipping, maintaining, and operating any public industrial, commercial, business or office projects, buildings and other public facilities, park-

1888

JOURNAL OF THE SENATE

ing lots or garages and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, in cluding real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof, and to attain development and promote for the public good, general welfare, trade, commerce, industry and employment opportunities and to promote the general welfare of the community, by creating a climate favorable to the location of new industry, trade and commerce, and the develop ment of existing industry, trade and commerce, and same is vested with authority to ascertain and designate areas it deems proper to be blighted, retarded or slum areas which constitute a serious and grow ing menace injurious to the public health, safety, morals and welfare of the residents of the City of Hapeville; the existence of such areas constitutes substantially and increasingly to the spread of disease, crime and constitutes increasingly an economic and social liability, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing for commercial accommodations, ag gravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and the prevention and elimination of such areas is a matter of State and local policy and State and local concern in order that the State and its political subdivisions shall not continue to be endangered by areas which are focal centers of economic and social liability, and while contributing little to the tax income of the State and its municipalities, consume an excessive proportion of its revenue because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities; in order to alleviate the aforesaid problems and to accomplish the aforestated purpose, the Authority shall be vested with such powers as are necessary to ac complish same by acquisition, clearance and disposition subject to use restrictions of property, both real and personal, since the prevailing condition of decay may make impractical the reclamation of the area by conservation or rehabilitation; some areas or portions thereof may be susceptible to conservation or rehabilitation in such a manner that the conditions and evils hereinabove enumerated may be eliminated or remedied or prevented and to the extent feasible, savable areas should be conserved and rehabilitated through voluntary private ac tion and regulatory processes; and the Authority may do any and all things deemed by such Authority necessary, convenient or desirable for and incident to the efficient proper development and operation thereof.
3. Membership. The Authority shall consist of nine (9) members, one of whom shall be the Mayor of the Cky of Hapeville, Georgia, or his designated member from the City Council of the City of Hapeville.
(a) Qualifications. All persons who have resided within the limits of the City of Hapeville for at least six months shall be eligible for nomination to membership on the Authority.

WEDNESDAY, MARCH 10, 1982

1889

(b) Composition and Appointments. The remaining eight posi tions for membership in the Authority shall be comprised as follows: The eight positions shall be filled by resolution of the Mayor and Council of Hapeville. The Mayor of the City of Hapeville or his designee shall serve during the term of office for which he was elected. The Chairman of the Authority shall be selected by a majority of its members at the first annual meeting of each calendar year. The members of the Authority shall serve four (4) year staggered terms as follows: For the initial membership of the Authority, of the eight (8) positions filled by resolution of the Mayor and Council of Hapeville, two positions shall be filled for a one-year term, two positions shall be filled for two-year terms, two positions shall be filled for three-year terms and two positions for a four-year term. Thereafter, upon com pletion of a term for appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any member of the Authority may be selected and ap pointed to succeed himself. All appointments shall be for a term com mencing on January 1 and ending December 31. The members of the Authority shall enter upon their duties immediately after such ap pointment. The Authority shall elect one of its members to serve as Vice Chairman who shall be elected for a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall select one of its members in the same manner for a one-year term. The Authority shall also select a Secretary-Treasurer which Secretary-Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary-Treasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary-Treasurer. Four members of the Authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, the same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual ex istence. In the event the number of members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving.
4. Definitions. As used herein the following words and terms shall have the following meanings:
(a) The word 'Authority' shall mean the Hapeville Development Authority herein created.
(b) The work 'Project' shall be deemed to mean and include the acquisition, construction, installation, leasing, furnishing, or equip ping of new industrial, commercial, business, office, trade or public facilities or the improvement, modification, renovation, acquisition,

1890

JOURNAL OF THE SENATE

expansion, modernization, rehabilitation, leasing, equipping, fur nishing, or remodeling of existing industrial, commercial, business, office, trade, or public facilities located or to be located within the Ci ty of Hapeville, including, but not limited to: one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing; one or more buildings or structures or property useful or necessary in the transportation of persons or property; one or more buildings or struc tures or property to be used, maintained and operated as a multi-use coliseum and civic center type facilities to be used for athletic con tests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances and all other public entertainments permitted by law, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants; one or more buildings or structures or property useful or necessary in the accommodations of people, including but without limitation, any hotel, motel, motor inn, lodging house, lodge or any combination thereof; one or more buildings or structures used for any industrial, commercial business, office, public or other use; and park ing facilities or parking areas, including but not limited to related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities.
(c) The term 'cost of project' shall include: all costs of construc tion, purchase or other form of acquisition; all costs of real or personal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applica tions therefor; all machinery, equipment, initial fuel and other sup plies required for such project; financing charges, interest prior to and during construction and during such additional period as the Authori ty may reasonably determine to be necessary for the placing of such project in operation; costs of engineering architectural and legal ser vices; fees paid to fiscal agents for financial and other advise or super vision; cost of plans and specifications and all expenses necessary or Incidental to the construction, purchase or acquisition of the com pleted project or to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, in cluding the interest thereon at rates to be determined by the Authori ty, which loans are hereby authorized if made payable solely from the proceeds of such Authority's bonds or notes or revenues to be receiv ed in connection with the leasing sale or financing of the project. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the Authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds

WEDNESDAY, MARCH 10, 1982

1891

may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued.
(d) The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, in cluding refunding bonds, as though such revenue bonds had original ly been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq., as amended) and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for.
(e) Any project or combination of projects shall be deemed 'selfliquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Hapeville or other political subdivision under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project to pay the principal and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects.
5. Powers. The Authority shall have the powers:
(a) To sue and be sued, except as expressly provided for herein;
(b) To adopt and alter a corporate seal;
(c) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;
(d) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condem nation, upon the approval of the Mayor and Council of the City of Hapeville, and in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real prop erty, or rights or easements therein, or franchises necessary or conve nient for its corporate purposes, and to use the same so long as its cor porate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or en cumbrance;

1892

JOURNAL OF THE SENATE

(e) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;
(f) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of proj ects and leases of projects or contracts with respect to the use of proj ects which it causes to be erected or acquired, and to contract with the City of Hapeville and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivi sions of the State of Georgia, public corporations and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Hapeville is hereby authorized to enter into contracts and related agreements for the use by the City of Hapeville or the residents hereof of any project, structure, building or facility or a combination of two or more proj ects, structures, buildings or facilities of the Authority for a term not exceeding fifty years; and said City shall be and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Hapeville, in order to enable the Authority to pay the principal of and interest on any of its bonds as same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property or facilities so fur nished by said Authority;
(g) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defin ed, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;
(h) To finance (by loan, grant, lease or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate or manage projects and to pay the cost or any project from the proceeds of revenue bonds, notes or other obligations of the Authority or any other funds of the Authority, or from any con tributions or loans by persons, corporations, partnerships (limited or general) or other entities, all of which the Authority is hereby authorized to receive and accept and use;
(i) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust inden tures, trust agreements, agreements for the sale of its revenue bonds, notes or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments and such other agreements or instruments as may be necessary or desirable, in the judgment of the Authority, to evidence and to provide security for such borrowing;

WEDNESDAY, MARCH 10, 1982

1893

(j) To accept loans and/or grants of money or materials or proper ty of any kind from the United States of America or any agency or in strumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;
(k) To accept loans and/or grants of money or materials or proper ty of any kind from the State of Georgia or any agency or instrumen tality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require;
(1) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(m) To exercise any power usually possessed by private corpora tions performing similar functions, which is not in conflict with the Constitution and laws of this State; and
(n) To do all things necessary or convenient to carry out the powers expressly given hereunder.
6. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the is suance of negotiable revenue bonds, subject to the approval by the Mayor and Council of the City of Hapeville, for the purpose of paying all or any part of the cost as herein defined of any one or more proj ects. The principal of and interest on such revenue bonds shall be payable solely from the special funds herein provided for such pay ment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both prin cipal and interest as may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution pro viding for the issuance of the bonds.
7. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomina tion or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered forms, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and in terest.
8. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such

1894

JOURNAL OF THE SENATE

bonds, such signatures shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority. Either of such signatures on any coupons may be by facsimile signature of the Chairman and Secretary-Treasurer of the Authority in accordance with the provision of applicable law. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
9. Same; Negotiability. All revenue bonds issued under the provi sions of this Act shall have and are hereby declared to be negotiable under the Laws of this State, subject to provisions for registration.
10. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or tem porary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
12. Same; Replacement of Lost or Mutilated Bonds. The Authori ty may also provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posed, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority.
14. Same; Credit not Pledged and Debt not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to con stitute a debt of the City of Hapeville, nor of the State of Georgia or any municipality, county, authority, instrumentality or political sub division of the State of Georgia, which may contract with such Authority.
15. Same; Trust Indentures as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may

WEDNESDAY, MARCH 10, 1982

1895

pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bond holders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in rela tion to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also pro vide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the securi ty given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State or any other State or the United States to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.
16. To Whom Proceeds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of bonds to any officer or person who, or any agency, bank or trust com pany which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide.
17. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular proj ect for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the pay ment of the principal of and interest on revenue bonds of the Authori ty, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charg ed with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying

1896

JOURNAL OF THE SENATE

principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove pro vided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
18. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons apper taining thereto, and the trustee under the trust indenture, if any, ex cept to the extent the rights herein given may be restricted by resolu tion passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution, subject to the approval of the Mayor and Council of the City of Hapeville, for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The is suance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Fulton Coun ty, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such ac tions.
21. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as the same may be hereafter amended. The petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or in strumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality,

WEDNESDAY, MARCH 10, 1982

1897

county, authority, political subdivisions or instrumentality shall be re quired to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, then validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issu ing the same, and any municipality, county, authority, political sub division or instrumentality, if a party to the validation proceedings, contracting with the said Authority.
22. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or ex istence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adverse ly the interests and rights of the holders of such bonds.
23. Monies Received Considered Trust Funds. All monies receiv ed pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rents and rates and to revise same from time to time and to collect payments, fees, tolls and charges on each project or for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruc tion, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of said bonds, and in terest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or ex tensions thereto thereafter made.
25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished.
26. Governmental Function. It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers confer red upon it hereunder in the development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amuse ment, recreation or to alleviate traffic congestion in the City of Hapeville and thereby better protect the lives and property of its residents and others using its streets.
27. Immunity From Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the

1898

JOURNAL OF THE SENATE

Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligations to the Authority.
28. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process ex cept such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, not withstanding any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.
30. Special Tax Districts. The City of Hapeville, shall be em powered and authorized to create special tax districts within the City of Hapeville upon the areas of any projects for redevelopment or development that said Authority may determine, and to levy and col lect taxes within said districts based on values of real property fixed by the tax digest of the City of Hapeville to meet, pay for and retire any and all financial obligations of the Authority, its bonds and/or revenue certificates, and may pledge said revenue, and to levy and collect taxes within said districts for the retirement of said financial obligations. No such special taxes shall be levied by the City of Hapeville for any purpose against property used exclusively for residential purposes within any such tax district.
31. Effective Date. This amendment shall be effective immediate ly upon proclamation of its ratification by the Governor.
32. General Assembly. This amendment is self-enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, fur ther regulate the management and conduct of the Authority not incon sistent with any other provisions of this Constitution. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the cor porate limits of the City of Hapeville as the same now or may hereafter exist."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

WEDNESDAY, MARCH 10, 1982

1899

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to create the Hapeville Development Authority and to provide for the
[ ] NO powers, duties, and responsibilities of said Authority; and to authorize the City of Hapeville to contract with said Authority, to create special tax districts and levy taxes therein, and to levy taxes within the municipality and ex pend the same as payments pursuant to contractual agree ments which may arise between the City of Hapeville and said Authority?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Hudson of the 35th offered the following amendment:

Amend SR 320 by deleting on Page 6, line 9, the word "work" and substituting in lieu thereof the following:
"word",
and by deleting on Page 7, line 28, the word "advise" and substituting in lieu thereof the following:
"advice".

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 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:

Allgood Ballard Barker Barnes Bond

Bowen Brannon Brantley Broun of 46th Brown of 47th

Bryant Cobb Coverdell Deal Dean

1900

JOURNAL OF THE SENATE

Eldridge English
Engram Evans Fincher of 52nd Foster
Gillis Greene
Hiu Holloway Horton Howard

Hudgins Hudson
Kennedy Kidd Land Lester
Littlefield McGill
McKenzie Robinson Scott Starr

Stephens Stumbaugh
Summers Sutton Tate Thompson
Timmons Trulock
Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Coleman

Fincher of 54th Garner

Reynolds

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 as amended.

HR 663. By Representatives Robinson of the 58th, Hawkins of the 50th, Richard son of the 52nd and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the mayor and council of the City of Pine Lake in DeKalb County to exempt from ad valorem taxation an amount not to exceed $4,000.00 of the value of the homestead of residents of the City of Pine Lake; 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 amended by adding at the end thereof a new paragraph to read as follows:
"The mayor and council of the City of Pine Lake shall be autho rized to exempt up to the first $4,000.00 in value from ad valorem property taxation by the City of Pine Lake on the homestead of each resident of the City of Pine Lake so long as the homestead is actually occupied by the owner as a residence and homestead. No resident shall receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing authority, with an affidavit stating that he is a resident and that his property is his homestead and residence

WEDNESDAY, MARCH 10, 1982

1901

and containing such additional information as will enable the govern ing authority to make a determination as to whether such person is entitled to such exemption. Any person who receives a homestead ex emption from DeKalb County ad valorem taxes shall be entitled to the exemption provided in this paragraph upon making proper applica tion to the governing authority. The governing authority shall provide the necessary forms for such purpose. After any such person has filed the proper application as provided above and has been allowed the ex emption provided herein, it shall not be necessary that he make ap plication thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administra tion of this exemption, including penalties necessary therefor. The in creased exemption provided for herein shall apply to all taxable years beginning after December 31, 1983."

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 authorize the mayor and council of the City of Pine Lake to exempt from ad valorem taxes an amount not to exceed $4,000.00 of the value of the homestead of residents of the City of Pine Lake?"

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 Bond Bowen

Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb

Coverdell Deal Dean Eldridge English Engram

1902

JOURNAL OF THE SENATE

Evans Fincher of 52nd Foster Gillis
Greene Hill Holloway Horton Howard Hudgins Hudson

Kennedy Kidd Land Lester
Littlefield McGill McKenzie Robinson Scott Starr Stephens

Stumbaugh Summers Sutton Tate
Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Coleman

Fincher of 54th Garner

Reynolds

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.

The following resolution of the Senate, favorably reported by the committee, was read and put upon its adoption:

SR 362. By Senator Eldridge of the 7th:

A RESOLUTION
Amending the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that Senate Rule 99 is hereby amended for the 1982 regular session only by striking in the last paragraph of the Rule the following:
"thirty-third (33rd)"
and inserting in lieu thereof the following:
"thirty-second (32nd)".

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, the yeas were 42, nays 1 .

WEDNESDAY, MARCH 10, 1982

1903

The resolution, having received the requisite majority, 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 12:10 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

1904

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, March 11, 1982 Thirty-first Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Robinson of the 27th moved that the Senate reconsider its action of March 10 in defeating the following resolution of the Senate:

SR 243. By Senators Robinson of the 27th, Greene of the 26th, Land of the 16th 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 exceptions; to provide that the provi sions shall be self-executing.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Brannon Brantley Broun of 46th Bryant Cobb Deal Eldridge English Evans Fincher of 52nd

Foster Garner Gillis Greene Hudgins Hudson Kennedy Kidd Land Littlefield McGill

McKenzie Reynolds Robinson Starr Summers Sutton Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Barker Barnes Bell Bond Bowen

Brown of 47th Coleman Coverdell Dean Engram

Fincher of 54th Hill Holloway Horton Howard

Lester Scott Stephens

THURSDAY, MARCH 11, 1982

1905

Stumbaugh Timmons

Tysinger Wessels (excused)

On the motion, the yeas were 34, nays 0; the motion prevailed, and SR 243 was reconsidered and placed at the foot of the Senate General Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1738. By Representative Chambless of the 131st: A bill to amend an Act creating a Board of Commissioners of Dougherty County, so as to change the Commission Districts; to clarify that elec tions and terms under the changed districts shall remain the same as under those districts as formerly described.
HB 1786. By Representatives Hasty, Anderson and Harris of the 8th: A bill to amend an Act creating the office of Commissioner of Pickens County, so as to change the compensation of the commissioners.
HB 1787. By Representatives Hasty, Anderson and Harris of the 8th: A bill to amend an Act placing the Clerk of the Superior Court of Pickens County on an annual salary, so as to change the compensation of the clerk of the superior court.

HB 1788. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to amend an Act creating the office of Tax Commissioner of Pickens County, so as to change the compensation of the tax commis sioner.
HB 1789. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to amend an Act placing the Judge of the Probate Court of Pickens County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the judge of the probate court.

1906

JOURNAL OF THE SENATE

HB 1790. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to amend an Act placing the Sheriff of Pickens County on an an nual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff.

HB 1792. By Representatives Castleberry of the 111th and Edwards of the 110th:
A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to change the compensation of the chairman and members of the Board.

HB 1793. By Representative Castleberry of the 111th:
A bill to amend an Act relating to the sheriff's office and sheriff of Stewart County, so as to change the provisions for compensation of the deputy sheriff.

HB 1794. By Representative Ross of the 76th:
A bill to amend an Act providing for a board of commissioners of Warren County, so as to change the provisions relating to meetings of the board; to change the compensation provisions relating to the chairman and other members of the board of commissioners.

HB 1795. By Representative Ross of the 76th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Lincoln County into the office of tax commissioner of Lincoln County, so as to change the compensation of the tax commissioner.

HB 1797. By Representative Crawford of the 5th:
A bill to provide that in certain counties the salary of the county commis sioner shall be the same as that of the sheriff of the county.

HB 1798. By Representatives McDonald of the 12th and Irvin of the 10th:
A bill to authorize the governing authority of Banks County to provide for supplemental compensation for the judge of the superior court in the Piedmont Judicial Circuit.

HB 1799. By Representative Murphy of the 18th:
A bill to provide for the election of the members of the Board of Educa tion of Haralson County.

THURSDAY, MARCH 11, 1982

1907

HB 1800. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating a board of elections in each county having a population of not less than 51,000 and not more than 55,110 according to the 1970 United States decennial census or any future such census, so as to change the population requirements of said Act.

HB 1801. By Representatives Cummings of the 17th and Montgomery of the 16th:
A bill to provide certain additional compensation for the clerk of the superior court of all counties of this state having a population of not less than 32,300 nor more than 32,800 according to the United States decen nial census of 1980 or any future such census.

HB 1804. By Representative Jones of the 78th:
A bill to repeal an Act entitled "An Act to amend Code Section 21-105 of the Code of Georgia of 1933, as amended, relating to the fees paid Coroners, so as to change the compensation of Coroners in certain coun ties. . .".

HB 1828. By Representatives Connell of the 87th, Nicholson of the 88th, Dent of the 85th and others: A bill to amend the charter of the City of Augusta incorporated as the City Council of Augusta by redefining the limits of said city to annex cer tain property owned by the city adjacent to corporate limits.
HB 1829. By Representatives Connell of the 87th, Nicholson of the 88th, Dent of the 85th and others: A bill to amend an Act relating to punishment of violators of ordinances of the City of Augusta, so as to change the maximum amount of fines which may be imposed.
HB 1830. By Representative Vaughn of the 57th: A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner.
HB 1831. By Representative Vaughn of the 57th: A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensa tion, so as to change the salary of the judge of the probate court.
HB 1832. By Representative Vaughn of the 57th: A bill to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to change the compensation of the sheriff.

1908

JOURNAL OF THE SENATE

HB 1833. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the automobile expense allowance of the coroner.

HB 1834. By Representative Vaughn of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the compensation of the chairman and the other members of the board of commissioners.

HB 1835. By Representative Vaughn of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk.

HB 1837. By Representatives Murphy of the 18th, and Thomas and Johnson of the 66th:
A bill to amend an Act creating a new charter for the City of Bremen, so as to change the corporate limits of the City of Bremen.

HB 1839. By Representative Parham of the 109th:
A bill to amend an Act providing for the compensation of members of the board of county commissioners in each county having a population of not less than 8,335 and not more than 8,725 accordingly to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

HB 1424. By Representative Adams of the 14th:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia An notated, relating to the time for making tax returns, so as to change the time by which returns shall be submitted.

HB 1375. By Representatives Bargeron of the 83rd, Godbee of the 82nd, Swann of the 90th and others:
A bill to amend Code Chapter 91A-10, relating to ad valorem tax, so as to authorize local governments, boards of education, and developers to enter into agreements for the prepayment of ad valorem taxes and school taxes; to provide for definitions; to authorize local governments to adopt public improvement programs to be incorporated into tax prepayment agreements; to amend the Official Code of Georgia Annotated according-

THURSDAY, MARCH 11, 1982

1909

HB 1479. By Representative Smith of the 42nd:
A bill to amend Chapter 16 of Title 33 of the Official Code of Georgia An notated, relating to farmers' mutual fire insurance companies, so as to change the geographic limitations of the operations of farmers' mutual fire insurance companies.

HB 1630. By Representative Watson of the 114th:
A bill to amend Code Section 93A-202a, relating to the qualifications and duties of the director of the Utility Finance Section, so as to change the qualifications of said director; to amend the Official Code of Georgia An notated accordingly.

HB 1449. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Code Chapter 91A-3, relating to tax execution, so as to change provisions relative to interest on executions for municipal taxes; to amend the Official Code of Georgia Annotated accordingly.

HB 1474. By Representatives Castleberry of the lllth, Cheeks of the 89th, Kemp of the 139th and others:
A bill to grant and prescribe the manner of expenditure for public schools and county roads of proceeds from timber sales from military installa tions and military facilities of the United States; to amend the Official Code of Georgia Annotated accordingly.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 743. By Representative Chance of the 129th:
A resolution proposing an amendment to the Constitution so as to pro vide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Effingham County School System for all residents of the Effingham County School District who are 65 years of age or over.

HR 746. By Representatives Lane of the 81st and Godbee of the 82nd:
A resolution proposing an amendment to the Constitution so as to pro vide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county, municipal, and school district ad valorem taxes in Screven County.

1910

JOURNAL OF THE SENATE

HR 748. By Representatives Auten of the 154th and Tuten of the 153rd:
A resolution proposing an amendment to the Constitution so as to authorize and empower the governing authority of Glynn County to enact ordinances for the governing and policing of said county, to imple ment and enforce such ordinances, and to provide penalties for the viola tion of such ordinances.

HR 751. By Representatives Swann of the 90th, Nicholson of the 88th, Padgett of the 86th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create, by local law, a merit system of employment for employees of the sheriff in Richmond County.

HR 753. By Representative Dobbs of the 74th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to homestead exemptions for residents of Newton County so that each resident shall receive a $4,000.00 exemption from county and school ad valorem taxes and certain elderly and disabled residents may receive an $8,000.00 exemption.

HR 533. By Representatives McDonald of the 12th and Martin of the 60th:
A resolution to amend a resolution creating the State-wide Fire Protec tion Study Committee, approved April 14, 1981, so as to provide that the Director of the Institute of Government of the University of Georgia or his representatives may serve as a member of the committee.

HR 706. By Representatives Rowland of the 119th, Harris of the 8th, Collins of the 144th and others:
A resolution to amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly, which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general elec tion of 1982, so as to change certain limitations regarding state debt and funding and refunding of that debt and certain obligations, but to provide for exceptions upon approval by two-thirds of the members of the General Assembly.

HR 656. By Representatives Twiggs and Colwell of the 4th: A resolution designating the Miller J. Grist Bridge.

THURSDAY, MARCH 11, 1982

1911

The House has agreed to the Senate substitute to the following bill of the t House:

HB 1281. By Representatives Childs of the 51st, Snow of the 1st, Burruss of the 21st and others:
A bill to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, so as to permit a spouse to use certain surnames when the use of the surnames is not with the intent to deprive another fraudulently of any right under the law; to amend the Official Code of Georgia Annotated accordingly.

The House has agreed to the Senate substitute to the following resolution of the House:

HR 591. By Representative Dover of the 11th:
A resolution proposing an amendment to the Constitution so as to authorize the use by the Habersham County School District of the pro ceeds of and local sales and use tax levied within Habersham County.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 611. By Senator Kidd of the 25th:
A bill to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, as amended, so as to change the compensation of the coroner.

SB 666. By Senator Hudgins of the 15th:
A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, as amended, so as to provide that a person, copartnership, association, trust, corporation, or other legal entity may charge, take, and receive interest and charges at any actuarial rate and amount; to amend the Official Code of Georgia Annotated accordingly.

The House has disagreed to the Senate amendment to the following bill of the House:

HB 1285. By Representative Ramsey of the 3rd:
A bill to amend Code Section 24A-3503, relating to children's fingerprints and photographs, so as to provide that fingerprints of a child 13 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of certain crimes; to amend the Official Code of Georgia Annotated accordingly.

1912

JOURNAL OF THE SENATE

The House has agreed to the Senate amendments to the following bills of the House:

HB 1673. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia and the Recorder's Court of the City of Athens, Georgia, into one court, so as to provide that ap peals of civil cases from that court shall be to the State Court of Clarke County, Georgia.

HB 1533. By Representative Phillips of the 59th:
A bill to amend Code Section 41A-102, relating to definitions, so as to provide that the term "financial institution" shall include federal credit unions for the purpose of permitting Georgia state chartered credit unions to charge interest rates equal to interest rates charged by federal credit unions; to amend the Official Code of Georgia Annotated accord ingly.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 772. By Senators Brannon of the 51st and Bowen of the 13th:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia An notated, relating to coroners, so as to create the Georgia Coroner's Train ing Council; to provide a short title; to define certain terms; to provide for the membership of the council; to provide for terms of office; to provide for the powers, duties, and compensation of the members of the council; to provide for certification of coroners. Referred to Committee on Governmental Operations.
SB 773. By Senator Foster of the 50th:
A bill to amend an Act placing the Tax Commissioner of Rabun County on a salary, as amended, so as to change the compensation of the tax commissioner; to provide an effective date. Referred to Committee on County and Urban Affairs.
SR 363. By Senators Sutton of the 9th, Summers of the 53rd, Trulock of the 10th and others:
A resolution recognizing and commending the Georgia State Senate for its tireless efforts and asymptotic actions pursuant to the exercise of its legislative duties. Referred to Committee on Rules.

THURSDAY, MARCH 11, 1982

1913

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1375. By Representatives Bargeron of the 83rd, Godbee of the 82nd, Swann of the 90th and Burruss of the 21st:
A bill to amend Code Chapter 91A-10, relating to ad valorem tax, so as to authorize local governments, boards of education, and developers to enter into agreements for the prepayment of ad valorem taxes and school taxes; to provide for definitions; to authorize local governments to adopt public improvement programs to be incorporated into tax prepayment agreements; to amend the Official Code of Georgia Annotated according-
iy.
Referred to Committee on Banking, Finance and Insurance.

HB 1424. By Representative Adams of the 14th:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia An notated, relating to the time for making tax returns, so as to change the time by which returns shall be submitted. Referred to Committee on Banking, Finance and Insurance.

HB 1449. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and Culpepper of the 98th:
A bill to amend Code Chapter 91A-3, relating to tax execution, so as to change provisions relative to interest on executions for municipal taxes; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Banking, Finance and Insurance.

HB 1474. By Representatives Castleberry of the lllth, Cheeks of the 89th, Kemp of the 139th and others:
A bill to grant and prescribe the manner of expenditure for public schools and county roads of proceeds from timber sales from military installa tions and military facilities of the United States; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Governmental Operations.

HB 1479. By Representative Smith of the 42nd:
A bill to amend Chapter 16 of Title 33 of the Official Code of Georgia An notated, relating to farmers' mutual fire insurance companies, so as to change the geographic limitations of the operations of farmers' mutual fire insurance companies.
Referred to Committee on Banking, Finance and Insurance.

1914

JOURNAL OF THE SENATE

HB 1630. By Representative Watson of the 114th:
A bill to amend Code Section 93A-202a, relating to the qualifications and duties of the director of the Utility Finance Section, so as to change the qualifications of said director; to amend the Official Code of Georgia An notated accordingly.
Referred to Committee on Industry, Labor and Tourism.

HR 533. By Representatives McDonald of the 12th and Martin of the 60th:
A resolution to amend a resolution creating the State-wide Fire Protec tion Study Committee, approved April 14, 1981, so as to provide that the Director of the Institute of Government of the University of Georgia or his representatives may serve as a member of the committee.
Referred to Committee on Industry, Labor and Tourism.

HR 656. By Representatives Twiggs and Colwell of the 4th:
A resolution designating the Miller J. Grist Bridge. Referred to Committee on Transportation.

HR 706. By Representatives Rowland of the 119th, Harris of the 8th, Collins of the 144th and others:
A resolution to amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly, which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general elec tion of 1982, so as to change certain limitations regarding state debt and funding and refunding of that debt and certain obligations, but to provide for exceptions upon approval by two-thirds of the members of the General Assembly.
Referred to Committee on Judiciary.

HR 743. By Representative Chance of the 129th:
A resolution proposing an amendment to the Constitution so as to pro vide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Effingham County School System for all residents of the Effingham County School District who are 65 years of age or over.
Referred to Committee on County and Urban Affairs.

HR 746. By Representatives Lane of the 81st and Godbee of the 82nd:
A resolution proposing an amendment to the Constitution so as to pro vide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county, municipal, and school district ad valorem taxes in Screven County.
Referred to Committee on County and Urban Affairs.

THURSDAY, MARCH 11, 1982

1915

HR 748. By Representatives Auten of the 154th and Tuten of the 153rd:
A resolution proposing an amendment to the Constitution so as to authorize and empower the governing authority of Glynn County to enact ordinances for the governing and policing of said county, to imple ment and enforce such ordinances, and to provide penalties for the viola tion of such ordinances.
Referred to Committee on County and Urban Affairs.

HR 751. By Representatives Swann of the 90th, Nicholson of the 88th, Padgett of the 86th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create, by local law, a merit system of employment for employees of the sheriff in Richmond County.
Referred to Committee on County and Urban Affairs.

HR 753. By Representative Dobbs of the 74th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to homestead exemptions for residents of Newton County so that each resident shall receive a $4,000.00 exemption from county and school ad valorem taxes and certain elderly and disabled residents may receive an $8,000.00 exemption.
Referred to Committee on County and Urban Affairs.

HB 1738. By Representative Chambless of the 131st:
A bill to amend an Act creating a Board of Commissioners of Dougherty County, so as to change the Commission Districts; to clarify that elec tions and terms under the changed districts shall remain the same as under those districts as formerly described.
Referred to Committee on County and Urban Affairs.

HB 1786. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to amend an Act creating the office of Commissioner of Pickens County, so as to change the compensation of the commissioners. Referred to Committee on County and Urban Affairs.

HB 1787. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to amend an Act placing the Clerk of the Superior Court of Pickens County on an annual salary, so as to change the compensation of the clerk of the superior court. Referred to Committee on County and Urban Affairs.

1916

JOURNAL OF THE SENATE

HB 1788. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to amend an Act creating the office of Tax Commissioner of Pickens County, so as to change the compensation of the tax commis sioner. Referred to Committee on County and Urban Affairs.

HB 1789. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to amend an Act placing the Judge of the Probate Court of Pickens County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the judge of the probate court. Referred to Committee on County and Urban Affairs.

HB 1790. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to amend an Act placing the Sheriff of Pickens County on an an nual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 1792. By Representatives Castleberry of the 111th and Edwards of the 110th:
A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to change the compensation of the chairman and members of the Board. Referred to Committee on County and Urban Affairs.

HB 1793. By Representative Castleberry of the lllth:
A bill to amend an Act relating to the sheriff's office and sheriff of Stewart County, so as to change the provisions for compensation of the deputy sheriff. Referred to Committee on County and Urban Affairs.

HB 1794. By Representative Ross of the 76th:
A bill to amend an Act providing for a board of commissioners of Warren County, so as to change the provisions relating to meetings of the board; to change the compensation provisions relating to the chairman and other members of the board of commissioners.
Referred to Committee on County and Urban Affairs.

HB 1795. By Representative Ross of the 76th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Lincoln County into the office of tax commissioner of Lincoln County, so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

THURSDAY, MARCH 11, 1982

1917

HB 1797. By Representative Crawford of the 5th:
A bill to provide that in certain counties the salary of the county commis sioner shall be the same as that of the sheriff of the county. Referred to Committee on County and Urban Affairs.

HB 1798. By Representatives McDonald of the 12th and Irvin of the 10th:
A bill to authorize the governing authority of Banks County to provide for supplemental compensation for the judge of the superior court in the Piedmont Judicial Circuit. Referred to Committee on County and Urban Affairs.

HB 1799. By Representative Murphy of the 18th:
A bill to provide for the election of the members of the Board of Educa tion of Haralson County. Referred to Committee on County and Urban Affairs.

HB 1800. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating a board of elections in each county having a population of not less than 51,000 and not more than 55,110 according to the 1970 United States decennial census or any future such census, so as to change the population requirements of said Act.
Referred to Committee on County and Urban Affairs.

HB 1801. By Representatives Cummings of the 17th and Montgomery of the 16th:
A bill to provide certain additional compensation for the clerk of the superior court of all counties of this state having a population of not less than 32,300 nor more than 32,800 according to the United States decen nial census of 1980 or any future such census.
Referred to Committee on County and Urban Affairs.

HB 1804. By Representative Jones of the 78th:
A bill to repeal an Act entitled "An Act to amend Code Section 21-105 of the Code of Georgia of 1933, as amended, relating to the fees paid Cor oners, so as to change the compensation of Coroners in certain coun ties. . .".
Referred to Committee on County and Urban Affairs.

HB 1828. By Representatives Connell of the 87th, Nicholson of the 88th, Dent of the 85th and others:
A bill to amend the charter of the City of Augusta incorporated as the Ci ty Council of Augusta by redefining the limits of said city to annex cer tain property owned by the city adjacent to corporate limits.
Referred to Committee on County and Urban Affairs.

1918

JOURNAL OF THE SENATE

HB 1829. By Representatives Connell of the 87th, Nicholson of the 88th, Dent of the 85th and others:
A bill to amend an Act relating to punishment of violators of ordinances of the City of Augusta, so as to change the maximum amount of fines which may be imposed.
Referred to Committee on County and Urban Affairs.

HB 1830. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 1831. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensa tion, so as to change the salary of the judge of the probate court. Referred to Committee on County and Urban Affairs.

HB 1832. By Representative Vaughn of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 1833. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the automobile expense allowance of the coroner. Referred to Committee on County and Urban Affairs.

HB 1834. By Representative Vaughn of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the compensation of the chairman and the other members of the board of commissioners. Referred to Committee on County and Urban Affairs.

HB 1835. By Representative Vaughn of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the superior court of Rockdale County, so as to change the salary of the clerk. Referred to Committee on County and Urban Affairs.

THURSDAY, MARCH 11, 1982

1919

HB 1837. By Representatives Murphy of the 18th, and Thomas and Johnson of the 66th:
A bill to amend an Act creating a new charter for the City of Bremen, so as to change the corporate limits of the City of Bremen. Referred to Committee on County and Urban Affairs.

HB 1839. By Representative Parham of the 109th:
A bill to amend an Act providing for the compensation of members of the board of county commissioners in each county having a population of not less than 8,335 and not more than 8,725 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.

The following reports of standing committees were read by the Secretary:

Mr. President:

The 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

Mr. President:

The Committee on Human Resources 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 780. Do pass. HB 1189. Do pass. HB 1274. Do pass. HB 1368. Do pass. HB 1534. Do pass by substitute.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

1920 Mr. President:

JOURNAL OF THE SENATE

The Committee on Industry, Labor and Tourism 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 425. Do pass by substitute. HB 1048. Do pass. HR 715. Do pass.
Respectfully submitted, Senator Ballard of the 45th District, Chairman

Mr. President:

The Committee on Natural Resources and Environmental Quality 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 1401. Do pass by substitute. HB 1525. Do pass. HB 1601. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety 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 1349. Do pass by substitute.
Respectfully submitted, Senator Timmons of the 11th District, Chairman

THURSDAY, MARCH 11, 1982

1921

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 336. Do pass. SR 341. Do pass. SR 359. Do pass.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

The following bills and resolutions of the Senate and House were read the sec ond time:
SB 515. By Senator Land of the 16th:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia An notated, relating to parks, historic areas, memorials, and recreation, so as to provide for the Department of Natural Resources to establish a pro gram whereby persons who are 65 years of age or older and who are bona fide residents of the State of Georgia may obtain a 50 percent dis count on camping fees charged at State parks on certain days.
SB 612. By Senators Bell of the 5th and Barnes of the 33rd:
A bill to amend an Act relating to the Georgia Crime Information Center, as amended, so as to provide for the purging of certain arrest records where proceedings are terminated without a conviction; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
SB 638. By Senator Greene of the 26th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to add a new chapter to authorize the discontinuance of extraordinary life-sustaining procedures for certain persons; to provide for a declaration of findings; to define certain terms; to provide for written living wills and the procedures connected therewith; to provide for witnesses; to provide for revocation of living wills; to provide an effective date.

1922

JOURNAL OF THE SENATE

SB 708. By Senators Timmons of the 11th, Turlock of the 10th and Bowen of the 13th:
A bill to create a special lien against crops in favor of suppliers furnishing fertilizer or chemicals for the cultivation, growing, and preparation of such crops; to provide the manner of filing and perfecting such liens; to provide for practice and procedures with respect to such liens and their effect; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 712. By Senator Hudson of the 35th:
A bill to amend Code Section 47-102, relating to state senatorial districts, as amended, so as to change the composition of certain senatorial districts; to provide a definition; to provide for all related matters; to pro vide for the incorporation of the provisions of this Act into the Official Code of Georgia Annotated; to provide an effective date.

SB 715. By Senators Stumbaugh of the 55th, Howard of the 42nd, Scott of the 43rd and others:
A bill to amend the "Stone Mountain Memorial Association Act," as amended, so as to provide that the Stone Mountain Memorial Association may invest and reinvest the association fund in certain specified obliga tions; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

SB 721. By Senators Ballard of the 45th and Cobb of the 28th:
A bill to amend an Act relating to enforcement of fire safety standards and amending other previous Acts, so as to change the effective date of corresponding provisions of the Official Code of Georgia Annotated; to provide an effective date for this Act.

SB 735. By Senators McGill of the 24th, Gillis of the 20th and Walker of the 19th:
A bill to amend Chapter 6 of Title 4 of the Official Code of Georgia An notated, relating to livestock dealers and market operators, so as to change the amount of bond required of licensees; to prohibit licensing of businesses owned by or employing persons who have previously been involved in defaulting businesses; to provide for all related matters; to provide an effective date.

SB 736. By Senators Brannon of the 51 st and Cobb of the 28th:
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 require persons, firms, or corporations which sell certain types of flashing or revolving blue, red, or amber lights to provide certain in formation to law enforcement agencies; to amend the Official Code of Georgia Annotated accordingly.

THURSDAY, MARCH 11, 1982

1923

SB 744. By Senator Tysinger of the 41st:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to change before which justices of the peace certain dispossessory af fidavits may be made; to provide an effective date.

SB 745. By Senator Ballard of the 45th:
A bill to amend Code Chapter 114-7, relating to the State Board of Workers' Compensation, as amended, so as to change the provisions relating to records of injuries and certain reports which are required to be filed with the board; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act.

SB 746. By Senator Ballard of the 45th:
A bill to amend an Act creating the Alcovy Judicial Circuit, as amended, so as to change the salary and expenses of the official court reporter of said circuit.

SB 747. By Senator Horton of the 17th:
A bill to amend an Act known as the "Fair Business Practices Act of 1975", as amended, so as to provide for the regulation of career con sulting firms; to define a certain term; to require certain contracts and clauses; to provide for matters relative to the foregoing; to amend the Of ficial Code of Georgia Annotated accordingly; to provide effective dates.

SB 748. By Senator Trulock of the 10th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia An notated, relating to the creation, duties, review of assessment, and ap peals of county boards of equalization, so as to designate the alternate members of the board of equalization; to provide for an alternate becom ing a member of the board; to provide for filling a vacancy among the alternates; to provide an effective date.

SB 749. By Senators Deal of the 49th and Brannon of the 51st:
A bill to amend the "Georgia Post Mortem Examination Act", as amend ed, so as to provide for appeals from verdicts of coroners' juries; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.

SB 750. By Senators Robinson of the 27th and Cobb of the 28th:
A bill to amend Code Title 5A, relating to alcoholic beverages, as amend ed, so as to allow the commissioner to authorize certain domestic wineries to sell directly to retail dealers; to change the amount of wine which may be produced by such wineries selling at retail on their premises; to amend the Official Code of Georgia Annotated accordingly.

1924

JOURNAL OF THE SENATE

SB 751. 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; to provide for the ap pointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of such small claims court; to pro vide for severability; to provide an effective date.

SB 752. By Senator Bryant of the 3rd:
A bill to provide for the election of members of the Board of Commis sioners of Bryan County; to provide for commissioner districts and posts; to provide for initial and regular terms of office; to provide for filling vacancies; to provide for practices and procedures; to provide for other matters relative to the foregoing; to provide for a referendum.

SB 753. By Senator Bryant of the 3rd:
A bill to provide for the appointment of the Superintendent of schools of Bryan County by the Board of Education of Bryan County; to provide for a referendum.

SB 755. By Senator Foster of the 50th:
A bill to provide for the appointment of the superintendent of schools of Lumpkin County by the Board of Education of Lumpkin County; to pro vide for a referendum and other conditions for the effectiveness of this Act.

SB 756. By Senator Foster of the 50th:
A bill to provide for the election of the members of the Board of Educa tion of Lumpkin County; to provide for other matters relative to the foregoing; to provide for a referendum.

SB 758. By Senators Horton of the 17th and Littlefield of the 6th:
A bill to amend Code Chapter 32-9, relating to county board of education, so as to continue the authority of local school systems to provide for the elderly; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 760. By Senator Bryant of the 3rd:
A bill to abolish the office of Treasurer of Bryan County; to provide that the Board of Commissioners of Bryan County shall appoint depositories for county funds; to provide for the clerk of the board of commissioners to exercise certain duties; to provide for a referendum.

THURSDAY, MARCH 11, 1982

1925

SB 761. By Senator Hudgins of the 15th:
A bill to amend an Act known as the "Children and Youth Act", as amended, so as to provide that the regional Youth Service Program direc tor may delegate responsibility to a designee for determining whether children committed to the Department of Human Resources who have violated the conditions of supervision should be apprehended; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.

SB 762. By Senator Hudson of the 35th:
A bill to to be entitled an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to provide for legislative intent; to change certain provisions relating to the use of the proceeds of certain taxes, bonds, and certificates; to delete certain provi sions relating to effective dates; to provide for effective dates.

SB 763. By Senator Barnes of the 33rd:
A bill to provide the compensation of judges of certain courts of limited jurisdiction; to provide definitions; to provide for applicability; to pro vide for the procedures whereby the governing authority of a county shall select the method of compensating the judges; to provide for alter native compensation plans for judges of courts of limited jurisdiction; to amend the Official Code of Georgia Annotated accordingly.

SB 764. By Senator Coverdell of the 40th:
A bill to amend Code Chapter 15-3, relating to jurisdiction over certain land ceded to or acquired by the United States, so as to consent to the ces sion of concurrent jurisdiction to the United States over lands within the boundaries of the State of Georgia that are owned by the United States or over which such jurisdiction is necessary for the effective administration and management of the lands owned by the United States; to amend the Official Code of Georgia Annotated accordingly.

SB 766. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 90-2, relating to reports of the Supreme Court and the Court of Appeals, as amended, so as to delete certain re quirements that the state publisher of court reports publish or maintain certain prior volumes of the reports of the Supreme Court of Georgia and reports of the Court of Appeals of Georgia; to amend the Official Code of Georgia Annotated accordingly.

1926

JOURNAL OF THE SENATE

SR 275. By Senators Summers of the 53rd, Gillis of the 20th, Kidd of the 25th and others:
A resolution calling upon the United States Congress to pass an amend ment to the United States Constitution which would require that the record of all federal judges be reviewed every eight years and that they stand for reelection every eight years or, in the alternative, calling upon the United States Congress to call a constitutional convention for the pur pose of proposing such an amendment.

SR 296. By Senator Hudgins of the 15th:
A resolution commending Honorable Jack Brinkley and Honorable Mack Mattingly.

SR 331. By Senator Broun of the 46th:
A resolution designating the Georgia Museum of Art at the University of Georgia as the State Museum of Art of the State of Georgia.

SR 333. By Senator Bryant of the 3rd:
A resolution proposing an amendment to the Constitution so as to change the requirement that the governing authority of Bryan County levy and collect an annual ad valorem tax of two mills for developing and pro moting industry and pay the funds derived to the Bryan County In dustrial Development Authority; to provide for the submission of this amendment for ratification or rejection.

SR 338. By Senators Starr of the 44th and Thompson of the 32nd:
A resolution urging the passage of appropriate legislation relative to the issuance of prestige license plates for members of the Veterans of Foreign Wars of the United States.

SR 339. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A resolution creating the Motor Vehicle Safety Inspection Study Commit tee.

SR 340. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to pro vide for the sovereign immunity of the state and all of its departments and agencies; to provide for a waiver thereof by Act of the General Assembly; to provide for the submission of this amendment for ratifica tion or rejection.

SR 342. By Senators Fincher of the 52nd and Kennedy of the 4th: A resolution creating the Joint Penal System Study Committee.

THURSDAY, MARCH 11, 1982

1927

HB 1363. By Representative Galer of the 97th:
A bill to amend an Act establishing a State Board for the Certification of Librarians, to define certain terms.

HB 1382. By Representative McDonald of the 12th:
A bill to amend an Act establishing the Georgia Fire Fighters Standards and Training Council, so as to change the provisions relating to qualifica tions for firefighters; to amend the Official Code of Georgia Annotated accordingly.

HB 1385. By Representative Watson of the 114th:
A bill to amend Code Chapter 68-5, relating to motor contract carriers, so as to require private carriers to be covered by certain vehicle safety re quirements; to change the definition of the term "motor carrier"; to define the term "private carrier"; to amend the Official Code of Georgia Annotated accordingly.

HB 1390. By Representatives Argo of the 63rd, Adams of the 36th, Bolster of the 30th and Johnson of the 66th:
A bill to amend Article 4, Chapter 12 of Title 45 of the Official Code of Georgia Annotated, which article relates to the Office of Planning and Budget, so as to provide for the creation of the Georgia Energy Research and Development Council.

HB 1426. By Representative Ham of the 80th:
A bill to amend Code Chapter 47-1, relating to the General Assembly, so as to change the composition of certain state representative districts; to provide for incorporation of the provisions of this Act into the Official Code of Georgia Annotated.

HB 1503. By Representative Dixon of the 151st:
A bill to repeal an Act entitled "An Act to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Waycross Public Facilities Authority;".
HB 1504. By Representative Dixon of the 151st: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, so as to change the compensation of the tax commissioner.

HR 624. By Representatives Crosby of the 150th and Dixon of the 151st:
A resolution authorizing the conveyance of certain state owned real property located in Ware County, Georgia.

1928

JOURNAL OF THE SENATE

HR 639. By Representatives Smith and Moore of the 153nd, and Byrd and Moody of the 138th:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the Pierce County School District who is 62 years of age or over and whose income from all sources does not exceed $12,000.00 per annum shall be granted an exemption from all Pierce County School District taxes in the amount of $10,000.00.

HR 668. By Representatives Jones of the 126th, Triplett of the 128th and Phillips of the 125th:
A resolution authorizing the State Properties Commission to grant and convey to Chatham Service Corporation an irrevocable easement over and through property owned by the State of Georgia.

HR 707. By Representatives Hasty, Anderson and Harris of the 8th and Childers of the 15th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia to Mr. James E. Tidwell.

HR 713. By Representative Chamberlin of the 73rd:
A resolution proposing an amendment to the Constitution so as to pro vide that certain capital improvements of new manufacturing establishments shall be exempt from certain county ad valorem taxes in Henry County.

The following local, uncontested bills of the Senate and House favorably reported by the committee, were read the third time and put upon their passage:

SB 726. By Senator Littlefield of the 6th:
A bill to amend an Act creating the Board of Commissioners of Wayne County, as amended, so as to change the provisions relative to the elec tion of members of the Board; to provide for other matters relative thereto; to provide for a referendum; to provide 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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 11, 1982

1929

SB 742. By Senators Greene of the 26th and Robinson of the 27th:
A bill to amend an Act establishing the board of public education and or phanage for Bibb County, as amended, so as to authorize said board to expend funds to acquire, improve, and sell real or personal property in connection with its secondary and postsecondary vocational educational curricula or program.

The report 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 1266. By Representatives Lane of the 40th, Couch, Greer and Lowe of the 43rd and Pilewicz of the 41st:
A bill to amend an Act establishing a new charter for the City of East Point, so as to provide for election of the mayor and council; to provide for two posts in each ward, one of which shall henceforth be elected on a ward-wide basis, and one of which shall be elected on a city-wide basis.

The report 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 1341. By Representative Benn of the 38th:
A bill to amend the Act providing that cities having a population of more than 300,000 shall furnish pensions to all officers and employees of such cities or for other purposes set forth in the caption of said Act and the several Acts amendatory thereof; to authorize deductions from pension benefits for advanced sick leave.

The report 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.

1930

JOURNAL OF THE SENATE

HB 1483. By Representative Rowland of the 119th:
A bill to amend Code Section 5A-6121, relating to alcoholic beverage sales in private clubs in counties having a population of not less than 32,500 or more than 32,800 according to the census, so as to change the population brackets and census reference; to amend the Official Code of Georgia Annotated accordingly.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1486. By Representative Russell of the 64th: A bill to reincorporate and provide a new charter for the City of Bogart.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 1486 by adding after the first semicolon on line 6 of Page 1 the following:
"to provide for a referendum;".
By replacing Section 7.7 with a new Section 7.7 to read as follows:
"Section 7.7. Not less than 30 nor more than 45 days before the date of the December, 1982, municipal election, it shall be the duty of the election superintendent of the City of Bogart to issue the call for an election for the purpose of submitting this Act to the electors of the City of Bogart for approval or rejection. The superintendent shall set the date of such election for the date of the December, 1982, municipal election. The superintendent shall cause the date and pur pose of the election to be published once a week for two weeks im mediately preceding the date thereof in the official organ of Barrow County. The ballot shall have written or printed thereon the words:
'[ ] YES Shall the Act creating a new charter [ ] NO for the City of Bogart be approved?'
All persons desiring to vote for approval of the Act shall vote 'Yes,' and those persons desiring to vote for rejection of the Act shall vote 'No.' If more than one-half of the votes cast on such question are for approval of the Act, then all sections of this Act other than this Sec tion 7.7 shall become effective on January 1, 1985; otherwise the other provisions of this Act shall be void and of no force and effect.

THURSDAY, MARCH 11, 1982

1931

The expense of such election shall be borne by the City of Bogart. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State."

On the adoption of the amendment, the yeas were 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.

HB 1595. By Representative Moore of the 152nd:
A bill to provide that in each county of this state having a population of not less than 26,200 nor more than 27,000 according to the United States decennial census of 1980 or any future such census the maximum court costs for the county law library fund which may be charged and collected in each action or case shall be $5.00; to amend the Official Code of Georgia Annotated accordingly.

The report 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 consitutional majority, was passed.

HB 1624. By Representatives Triplett of the 128th, Scott of the 123rd, Phillips of the 125th and others:
A bill to amend an Act incorporating the City of Port Wentworth, so as to change the corporate limits of said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1932

JOURNAL OF THE SENATE

HB 1698. By Representative McDonald of the 12th:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia An notated, relating to the time for making tax returns, so as to change the time for submitting tax returns 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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1701. By Representatives Hasty, Andersbn and Harris of the 8th:
A bill to amend an Act providing for the membership of the Cherokee County Board of Education, so as to provide for education districts for the Cherokee County Board of Education; to provide for the present members of the board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1702. By Representative Triplett of the 128th:
A bill to amend an Act creating a new charter for the City of Garden City, so as to provide that the council may appoint more than one recorder pro tem in the recorder's court; to provide that the mayor pro tern shall be an ex officio justice of the peace.

The report 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.

THURSDAY, MARCH 11, 1982

1933

HB 1710. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing for a board of commissioners of Henry County, so as to create the office of county administrator; to provide for the qualifications, powers, duties, and responsibilities of the county ad ministrator.

The report 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 1711. By Representative Lord of the 105th:
A bill to amend an Act creating a new charter for the City of Tennille, so as to change the corporate limits of said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1712. By Representative Lord of the 10th:
A bill to amend an Act creating the State Court of Washington 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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1713. By Representative Lord of the 105th:
A bill to amend an Act creating a board of commissioners of Washington County, so as to change the compensation of the commissioners; to change requirements as to purchases by competitive bids.

1934

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 1718. By Representative Sizemore of the 136th:
A bill to amend an Act creating a board of commissioners of roads and revenues of Worth County, so as to provide for commissioner 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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1720. By Representatives Johnson, Benefield and Lee of the 72nd and others:
A bill to amend an Act creating the "Clayton County Water Authority," so as to change the compensation of the chairman and other members of the authority.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1721. By Representatives Johnson, Benefield and Lee of the 72nd and others:
A bill to amend an Act known as the "Clayton County Civil Service System Act," so as to change the provisions relating to the compensation of the members of the civil service board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

THURSDAY, MARCH 11, 1982

1935

The bill, having received the requisite constitutional majority, was passed.

HB 1740. By Representatives Milford, Clark and Mann of the 13th:
A bill to amend an Act creating the office of tax commissioner of Hart County, so as to place the tax commissioner on an annual salary in lieu of the salary plus commission system of compensation.

The report of the committee, whch 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 1744. 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 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1751. By Representatives Milford, Clark and Mann of the 13th:
A bill to provide for referendum elections in Franklin County at which the voters of the Franklin County School District shall be given a choice of having the Franklin County Board of Education be composed of five persons elected thereto and appointing the superintendent of the School district, or of having the Franklin County Board of Education be compos ed of five persons elected thereto and having the superintendent of the school district be elected.

Senator Brown of the 47th offered the following amendment:

Amend HB 1751 by striking from lines 14 and 15 of Page 9 the following:
"a special election which shall be held at the time of".

1936

JOURNAL OF THE SENATE

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, was agreed to as amended.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Barnes 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 Hudgins Hudson Kennedy Kidd Land

Lester Littlefield McGill McKenzie Reynolds Robinson Starr Stephens Summers Sutton Tate Thompson Trulock Turner Walker

Those not answering were Senators:

Ballard Barker Bell Bond

Howard Scott Stumbaugh

Timmons Tysinger Wessels (excused)

Senator Starr of the 44th introduced the chaplain of the day, Reverend Harold Withers, pastor of the First Baptist Church, Forest Park, Georgia, who offered scripture reading and prayer.
The President announced that the funeral for Mrs. Ruth Wessels Taylor, sister of Senator Wessels of the 2nd, would be at 11:00 o'clock A.M. on Friday, March 12, in Savannah, Georgia, at St. Paul's Lutheran Church on Bull Street.

THURSDAY, MARCH 11, 1982

1937

SENATE RULES CALENDAR Thursday, March 11, 1982
THIRTY-FIRST LEGISLATIVE DAY

HB 767. Mechanics' and Materialmen's Liens--title transfer to potential lienholders (SUBSTITUTE) (S Judy-12th)
SB 656. Certain Nude and Sexual Conduct--prohibit where alcoholic beverages sold (AMENDMENTS) (IL&Tou-33rd)
SB 734. Alcoholic Beverage Sale on Sunday--eliminate Bibb and Clayton Counties (C Aff--26th)
SB 727. Children Over 17 Years of Age--provide for juvenile court jurisdic tion (Judy--48th)
HB 1328. Superior Courts--change punishment for contempt (Judy--23rd)
HB 1313. Peace Officers' Annuity Benefit Fund--amount paid to beneficiary (Ret-38th)
SB 741. Boards of Elections and Boards of Registration and Electionspopulation provisions (Gov Op--6th)
SR 315. Pharmacy Providers--receive pro rata share of funds appropriated to Department of Medical Assistance (Hum R--54th)
HB 1167. Death Penalty Cases--mistrials in sentencing phase (SUBSTITUTE) (Judy-5th)
HB 1299. Drawing Blood to Test for Intoxication--persons authorized (Judy--52nd)
HB 1252. Distilled Spirits Sale--separate license for each business (SUBSTITUTE) (C Aff--39th)
HB 1314. Peace Officers' Annuity and Benefit Fund--disability benefits (Ret--38th)
SR 324. Georgia-Florida Parkway--designating (Trns--10th)
SB 587. Death Penalty Cases--provide for mistrials in sentencing phase (AMENDMENT) (SJudy-21st)

Respectfully submitted,
I si Frank Edridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

1938

JOURNAL OF THE SENATE

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 767. By Representative Jackson of the 77th:
A bill to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, so as to provide notice of title transfer to potential lienholders, provided they have notified the owner of their furnishing of materials, labor or services.
Senate Sponsor: Senator Holloway of the 12th.

The Senate Committee on Special Judiciary offered the following substitute to HB 767:

A BILL
To be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Ti tle 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for preliminary notices of liens; to provide for the filing of such liens with the clerk of the superior court; to change the conditions under which liens may be enforced and dissolv ed; to amend Code Section 44-14-530, relating to foreclosure of liens on realty, so as to provide for jury verdicts and court decisions and their ef fect; to provide for all 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. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, is amended by striking Code Section 44-14-361 and inserting in its place a new Code section to read as follows:
"44-14-361. (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials:
jl) All mechanics of every sort who have taken no personal securi ty for work done and material furnished in building, repairing, or im proving any real estate of their employers;
(2) All contractors, all subcontractors and all materialmen fur nishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate;
(3) All registered architects furnishing plans, drawings, designs, or other architectural services on or with respect to any real estate;
(4) All registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate;

THURSDAY, MARCH 11, 1982

1939

(5) All contractors, all subcontractors and materialmen furnishing material to subcontractors, and all laborers furnishing labor for sub contractors for building factories, furnishing material for factories, or furnishing machinery for factories;
(6) All machinists and manufacturers of machinery, including cor porations engaged in such business, who may furnish or put up any mill or other machinery in any county or who may repair the same; and
(7) All contractors to build railroads.
(b) Each special lien specified in subsection (a), other than a con tractor's lien, may attach to the real estate for which the labor, ser vices, or materials were furnished if they are furnished at instance of the owner, contractor, or some person acting for the owner or contrac tor. In such a case, however, the special lien shall be dissolved if the owner, purchaser from the owner, or lender providing construction or purchase money shows that:
(1) The lien has been waived in a writing executed by the lien claimant; or
(2) No preliminary notice of lien rights or claim of lien has been filed, and the contractor, or person other than the owner at whose in stance the labor, services, or material were furnished, or owner when conveying title in a bona fide sale or loan transaction, has executed a sworn, written statement that the agreed price or reasonable value of the labor, services, or material has been paid; or
(3) A preliminary notice of lien rights has been filed but no claim of lien has been filed as required by Code Section 44-14-362.
(c) As used in paragraph (2) of subsection (b), the term 'person other than the owner' shall not include a subcontractor.
(d) In no event shall the aggregate amount of liens set up by this Code section exceed the contract price of the improvements made or services performed.
(e) The preliminary notice of lien rights referred to in this Code section shall be filed within 30 days after a party afforded lien rights under subsection (a) has delivered any material or provided any labor or services for which such a lien may be claimed and in order to be ef fective must:
(1) Be filed with the clerk of superior court of the county in which the real estate is located;
(2) State the name, address, and telephone number of the potential lien claimant;
(3) State the name and address of the contractor or other person at whose instance the labor, services, or materials were furnished;

1940

JOURNAL OF THE SENATE

(4) State the name of the owner of the real estate and include a description sufficient to identify the real estate against which the lien is or may be claimed; and
(5) Include a general description of the labor, services, or materials furnished or to be furnished.
(f) Upon final payment after all labor, services, or materials have been furnished, a person who has filed a preliminary notice of lien rights shall either deliver a cancellation of the preliminary notice of lien rights at the time of final payment or cause the notice to be canceled of record within ten days after final payment. Any person who fails to so cancel a preliminary notice shall be liable to the owner for all costs and reasonable attorney's fees incurred by the owner in having the preliminary notice canceled.
(g) A preliminary notice shall expire three months after the date the last labor, materials, or services are furnished.
(h) The clerk of each superior court shall maintain within the records of that office a record separate from all other real estate records in which preliminary notices specified in subsection (e) above shall be filed. Each such notice shall be indexed under the name of the owner as contained in the preliminary notice. The clerk shall collect a filing fee of $3.00 for the filing of each preliminary notice."
Section 2. Code Section 44-14-530, relating to manner of foreclosure of liens on realty, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) Liens on real property which are provided for in this chapter, other than mortgages, shall be foreclosed, when not otherwise provid ed for, by a compliance with his contract by the person claiming the lien and recording his claim and the commencement of an action therefor according to the provisions and requirements of Code Section 44-14-362. In declaring for such debt or claim, the claimant of the lien shall set forth his lien and the premise on which he claims it; and, if the lien is allowed, the verdict of the jury, if tried by a jury, or a deci sion of the court, if the parties consent to trial by the court without a jury, shall set it forth and the judgment and execution shall be award ed accordingly. All such executions shall, however, be subject to all prior encumbrances."
Section 3. This Act shall become effective on April 1, 1983.
Section 4. All laws and parts of laws in conflict with this Act are 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.

THURSDAY, MARCH 11, 1982

1941

On 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 Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd

Those not voting were Senators:

Ballard Bond Bowen Fincher of 54th

Garner Land McGill Reynolds

Lester Littlefield McKenzie Robinson Scott Starr Stephens Stumbaugh Tate Thompson Timmons Trulock Turner Ty singer Walker
Summers Sutton Wessels (excused)

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1285. By Representative Ramsey of the 3rd:
A bill to amend Code Section 24A-3503, relating to children's fingerprints or photographs, so as to provide that fingerprints of a child 13 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of certain crimes; to amend the Official Code of Georgia Annotated accordingly.

Senator Deal of the 49th moved that the Senate insist upon the Senate amend ment to HB 1285.

1942

JOURNAL OF THE SENATE

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1285.

The following bill of the Senate, having been passed on March 8 and recon sidered on March 9, was put upon its passage:

SB 656. By Senators Barnes of the 33rd, Thompson of the 32nd, Starr of the 44th and others:
A bill to prohibit certain nude and sexual conduct on premises where alcoholic beverages are sold or dispensed for consumption on the premises; to define terms; to prohibit the use of devices or objects to per form or simulate such conduct on such premises; to prohibit the showing and display of pictures and other reproductions and images depicting such conduct on such premises; to prohibit the solicitation of drinks by certain persons on such premises; to amend the Official Code of Georgia Annotated accordingly.

The amendment offered by the Senate Committee on Industry, Labor and Tourism and adopted on March 8 was as follows:

Amend SB 656 by striking on Page 5, line 19, the number "43" and inserting in lieu thereof "44";
and
By striking on Page 5, line 25, the number "44" and inserting in lieu thereof "45";
and
By striking on Page 5, line 32, the number "45" and inserting in lieu thereof "46".

The amendment offered by Senator Evans of the 37th and adopted on March 8 was as follows:

Amend SB 656 by striking on Page 2, lines 26 through 30,
and
By striking on Page 5, lines 4 through 8,
and
By striking on Page 1, lines 5 through 7, the language which read as follows:
"to prohibit the showing and display of pictures and other reproductions and images depicting such conduct on such premises;".

THURSDAY, MARCH 11, 1982

1943

Senator Kidd of the 25th offered the following amendment:

Amend SB 656 by adding in the title on line 2 of Page 1, immediately preceding the word "premises", the following:
"certain".
By adding in Section 1 on line 1 of Page 2, between the word "con sumption" and the word "on", the following:
"in the lounge or bar facilities".
By striking from Section 1 on line 6 of Page 2 the word "and" and in serting in lieu thereof the word "or".
By adding in Section 9 on line 13 of Page 4, between the word "con sumption" and the word "on", the following:
"in the lounge or bar facilities".
By striking from Section 9 on line 18 of Page 4 the word "and" and inserting in lieu thereof the word "or".

On the adoption of the amendment, the yeas were 7, nays 23, and the amend ment was lost.

Senator Kidd of the 25th offered the following amendment:

Amend SB 656 by adding in the title on line 14 of Page 1, immediate ly preceding the words "to provide", the following:
"to provide that this Act shall only apply to certain counties;".
By adding at the end of Part 1, between lines 3 and 4 on Page 4, a new Section 8A to read as follows:
"Section 8A. This Act shall only be applicable in counties having a population of not less than 210,000 nor more than 350,000 according to the United States decennial census of 1980 or any future such cen sus."
By adding at the end of Part 2, between lines 5 and 6 on Page 6, the following:
"3-3-47. The provisions of this article shall only be applicable in counties having a population of not less than 210,000 nor more than 350,000 according to the United States decennial census of 1980 or any future such census."

Senator Kidd of the 25th asked unanimous consent to withdraw his amend ment, and the consent was granted.

1944

JOURNAL OF THE SENATE

Senator Kidd of the 25th offered the following amendment:

Amend SB 656 by adding in the title on line 3 of Page 1, immediately preceding the words "to define", the following:
'' to provide exceptions;''.
By adding in Section 1 on line 4 of Page 2, immediately following the word "premises", the following:
"; provided, however, that the term 'licensed premises' shall not include any eating establishment which sells alcoholic beverages and which derives at least 40 percent of its total annual gross food and beverage sales from the sale of prepared meals and food".
By adding in Section 9 on line 16 of Page 4, immediately preceding the word "and", the following:
"provided, however, that the term 'licensed premises' shall not include any eating establishment which sells alcoholic beverages and which derives at least 40 percent of its total annual gross food and beverage sales from the sale of prepared meals and food;".

On the adoption of the amendment, the yeas were 11, nays 24, and the amend ment was lost.

Senator Littlefield of the 6th offered the following amendment:

Amend SB 656 by striking in its entirety Section 8 on Pages 3 and 4, which reads as follows:
"Section 8. Penalties, (a) The violation of any provision of this Act by the operator of any licensed premises shall constitute grounds for the suspension and revocation of any and all alcoholic beverage licenses issued to such operator.
(b) Any person who violates any provision of this Act shall be guil ty of a misdemeanor of a high and aggravated nature.'',
and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Penalties. The violation of any provision of this Act by the operator of any licensed premises shall constitute grounds for the suspension or revocation of any and all alcoholic beverage licenses issued to such operator. This Act may only be enforced by the Depart ment of Revenue, and such Act does not provide any criminal penalties against any person in violation of this Act."
By striking in Section 9, beginning on line 34 of Page 5, the following:
"shall constitute grounds for the suspension and revocation of any and all alcoholic beverage licenses issued to such operator.

THURSDAY, MARCH 11, 1982

1945

(b) Any person who violates any provision of this article shall be guilty of a misdemeanor of a high and aggravated nature.",
and inserting in lieu thereof the following:
"shall constitute grounds for the suspension or revocation of any and all alcoholic beverage licenses issued to such operator.
(b) This article may only be enforced by the Department of Revenue, and such article does not provide any criminal penalties against any person in violation of this article."

On the adoption of the amendment, the yeas were 14, nays 25, and the amend ment was lost.

Senator Littlefield of the 6th offered the following amendment:

Amend SB 656 by adding in the title on line 3 of Page 1, immediately preceding the words "to define", the following:
"to provide exceptions;".
By adding in Section 1 on line 4 of Page 2, immediately following the word "premises", the following:
"; provided, however, that 'licensed premises' shall not include hotels or motels".
By adding in Section 9 on line 16 of Page 4, immediately preceding the word "and", the following:
"provided, however, that 'licensed premises' shall not include hotels or motels;".

Senator Littlefield of the 6th asked unanimous consent to withdraw his amend ment, and the consent was granted.

Senators Littlefield of the 6th, Barnes of the 33rd and Starr of the 44th offered the following amendment:
Amend SB 656 by adding in the title on line 3 of Page 1, immediately preceding the words "to define", the following:
"to provide exceptions;".
By adding in Section 1 on line 4 of Page 2, immediately following the word "premises", the following:
"; provided, however, that 'licensed premises' shall not include commercial airlines, museums, or theaters which sell season tickets to theater productions".

1946

JOURNAL OF THE SENATE

By adding in Section 9 on line 16 of Page 4, immediately preceding the word "and", the following:
"provided, however, that 'licensed premises' shall not include commercial airlines, museums, or theaters which sell season tickets to theater productions;''.

On the adoption of the amendment, the yeas were 44, nays 1, and the amend ment was adopted.

Senators Littlefield of the 6th, Barnes of the 33rd and Starr of the 44th offered the following amendment:
Amend SB 656 by adding in Section 4 on line 5 of Page 3, between the word "shall" and the word "permit", the following:
"knowingly".
By striking in its entirety Section 7 on Page 3, which reads as follows:
"Section 7. Agreements to violate or circumvent this Act. No per son shall contract, conspire, or enter into any agreement the purpose of effect of which is to violate or circumvent any provision of this Act."
By adding in Section 9 on line 14 of Page 5, between the word "shall" and the word "permit", the following:
"knowingly".
By striking from Section 9 on line 25 of Page 5 the following:

By striking in their entirety lines 29 through 31 on Page 5, which read as follows:
"(b) No person shall contract, conspire, or enter into any agree ment the purpose or effect of which is to violate or circumvent any provision of this article."
On the adoption of the amendment, the yeas were 48, nays 1, and the amend ment was adopted.
Senators Littlefield of the 6th, Barnes of the 33rd and Starr of the 44th offered the following amendment:
Amend SB 656 by adding in Section 5 on line 15 of Page 3, im mediately following the word "Act", the following:
"; provided, however, that this section shall not be applicable to a person who removes an alcoholic beverage to his home or place of abode".

THURSDAY, MARCH 11, 1982

1947

By adding in Section 9 on line 24 of Page 5, immediately following the word "article", the following:
"; provided, however, that this Code section shall not be ap plicable to a person who removes an alcoholic beverage to his home or place of abode".

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 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 Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land

Those not voting were Senators:

Ballard Fincher of 54th

Robinson Timmons

Lester Littlefield McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker
Wessels (excused)

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

1948

JOURNAL OF THE SENATE

The following resolution of the Senate was read and adopted:

SR 360. By Senators Lester of the 23rd and Kidd of the 25th:
A resolution honoring the life and work of the late Charles Bates Methvin who championed the cause of prevention for and the treatment of the disease of alcoholism in Georgia and nationally; to support the Depart ment of Human Resources' desire to commemorate his exceptional ser vices and achievements; to remember his deep compassion and work to restore worth, dignity, and value to the alcoholic and his family so that we are inspired and committed to complete the task he began.

Senator Lester of the 23rd introduced to the Senate the family of the late Charles B. Methvin.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 734. By Senators Greene of the 26th and Robinson of the 27th:
A bill to amend Code Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, so as to change certain popula tion brackets; to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays . and election days, so as to change certain population brackets and census references; to provide effective dates.

Senators Greene of the 26th, Starr of the 44th and Robinson of the 27th offered the following substitute to SB 734:

A BILL
To be entitled an Act to amend Code Title 5A, known as the "Georgia Alcoholic Beverage Code," as amended, so as to change certain popula tion brackets and census references; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. Code Title 5A, known as the "Georgia Alcoholic Beverage Code," as amended, is amended by striking subsection (g) of Code Sec tion 5A-507 in its entirety and substituting in lieu thereof a new subsec tion (g) to read as follows:
"(g) In each county having a population of not less than 153,000 or more than 165,000, according to the census, in which the sale of alcoholic beverages is lawful and in all municipalities within such

THURSDAY, MARCH 11, 1982

1949

counties in which the sale of alcoholic beverages is lawful, the govern ing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises:
(1) At any time from 11:55 P.M. on Saturdays and the two hours immediately following such time.
(2) In eating establishments which are located in the unincor porated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. For the purposes of this paragraph, 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises and which derives at least 50 per cent of its total annual gross food and beverage sales from the sale of prepared meals or food."
Section 2. Said Code Title is further amended by striking paragraph (1) of subsection (a) of Code Section 5A-6503 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Coliseum authority' means any public coliseum authority created by law in any county having a population of not less than 153,000 and not more than 165,000, according to the census."
Part 2
Section 3. Title 3 of the Official Code of Georgia Annotated, known as the "Georgia Alcoholic Beverage Code," is amended by striking subsection (f) of Code Section 3-3-7 in its entirety and substituting in lieu thereof a new subsection (f) to read as follows:
"(f) In each county having a population of not less than 153,000 nor more than 165,000 according to the United States decennial cen sus of 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authori ty of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises:
(1) At any time from 11:55 P.M. on Saturdays and the two hours immediately following such time;
and
(2) In eating establishments which are located in the unincor porated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays from 12:30 P.M. until 12:00 Midnight. As used in this paragraph, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food."

1950

JOURNAL OF THE SENATE

Section 4. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 3-8-3 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Coliseum authority' means any public coliseum authority created by law in any county having a population of not less than 153,000 nor more than 165,000 according to the United States decen nial census of 1980 or any future such census."
Parts
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
|b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On 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 Coverdell
Deal Dean English

Engram 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 Turner
Tysinger Walker

THURSDAY, MARCH 11, 1982

1951

Those not voting were Senators:

Ballard Brantley Coleman Eldridge

Evans Fincher of 52nd Fincher of 54th Tate

Thompson Timmons Trulock Wessels (excused)

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 734.
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 1315. By Representatives Lambert of the 112th and Argo of the 63rd: A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to change the employee contribution rate; to provide for a new and different benefits structure for employees who become members of the system on and after July 1, 1982.
HB 1513. By Representative Home of the 104th: A bill to amend Code Section 56-1022, relating to authorized investments by insurers, so as to provide that insurers may invest in bonds, notes, or other evidences of indebtedness which are secured by mortgage or deed of trust or deed to secure debt insured in whole or in part by a private mortgage insurance company under certain conditions; to amend the Of ficial Code of Georgia Annotated accordingly.
HB 1617. By Representatives Elliott of the 49th and Vaughn of the 57th: A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia An notated, relating to superior courts, so as to change the name of the Stone Mountain Judicial Circuit to the DeKalb Judicial Circuit.

1952

JOURNAL OF THE SENATE

HB 1437. By Representative Ham of the 80th:
A bill to amend Code Section 5A-5511, relating to small domestic wineries, so as to change the amount of wine which may be produced by wineries selling at retail on their premises; to amend the Official Code of Georgia Annotated accordingly.

HB 1351. By Representatives Robinson of the 58th, Vandiford of the 53rd, Hawkins of the 50th and others:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions from ad valorem taxation of property, so as to provide for an application for ex emption from taxation of certain property.

HB 1547. By Representative Bray of the 70th:
A bill to amend Code Section 49-606, relating to the procedure for ap pointing a guardian, so as to authorize certain physicians in federal medical facilities to execute certain affidavits; to amend the Official Code of Georgia Annotated accordingly.

HB 1436. By Representatives Jones of the 78th, Mostiler of the 71st, Dover of the llth and others:
A bill to amend an Act incorporating the City of Avondale Estates, so as to change the corporate limits of said city.

HB 589. By Representatives Snow and Hays of the 1st, Peters of the 2nd and others:
A bill to amend Code Chapter 32-37, relating to the Georgia Student Finance Authority, so as to establish a program of tuition equalization grants to certain citizens of this state attending certain out-of-state institu tions of higher learning.

HB 901. By Representative Smyre of the 92nd:
A bill to amend an Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, so as to create a lien on certain property found in repossessed automobiles; to provide for notice to the owner of such property.

HB 1491. By Representatives Coleman of the 118th, Hanner of the 130th, Martin of the 60th and others:
A bill to amend Title 25 of the Official Code of Georgia Annotated, so as to regulate fire protection sprinkler contractors; to provide for ad ministration; to provide for certificates of competency to be issued to persons authorized to engage in the installation, repair, alteration, addi tion, maintenance, or inspection of fire protection sprinkler systems or water-sprayed systems; to provide for examinations.

THURSDAY, MARCH 11, 1982

1953

HB 1583. By Representatives Jackson of the 77th, Jackson of the 75th, Oliver of the 121st and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment and inspection of vehicles, so as to pro vide that it shall be unlawful to affix material to the front windshield or right or left front door windows of a motor vehicle which will obstruct vi sion into the vehicle; to make it unlawful to own or operate a motor vehi cle which has material affixed to the front windshield or right or left front door windows of the vehicle which obstructs vision into the vehi cle.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 664. By Senator Bryant of the 3rd:
A bill creating a new charter for the Town of Pooler, as amended, so as to extend the corporate limits of the Town of Pooler.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 727. By Senators Reynolds of the 48th and Deal of the 49th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia An notated, relating to juvenile proceedings, so as to provide for juvenile court jurisdiction over certain children over the age of 17 years; to change certain definitions; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker
Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb

Coleman Coverdell
Deal Dean Eldridge English Engram Foster Garner Gillis Greene Hill

Holloway Horton
Howard Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds

1954
Scott Starr Stephens Stumbaugh

JOURNAL OF THE SENATE

Summers Sutton Tate Thompson

Trulock Turner Tysinger Walker

Voting in the negative were Senators Evans and Hudgins.

Those not voting were Senators:

Ballard Fincher of 52nd

Fincher of 54th Robinson

Timmons Wessels (excused)

On the passage of the bill, the yeas were 48, nays 2.
The bill, having received the requisite constitutional majority, was passed.
The following bills of the House were read the first time and referred to com mittees:
HB 589. By Representatives Snow and Hays of the 1st, Peters of the 2nd and others: A bill to amend Code Chapter 32-37, relating to the Georgia Student Finance Authority, so as to establish a program of tuition equalization grants to certain citizens of this state attending certain out-of-state institu tions of higher learning.
Referred to Committee on Higher Education.
HB 901. By Representative Smyre of the 92nd: A bill to amend an Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, so as to create a lien on certain property found in repossessed automobiles; to provide for notice to the owner of such property.
Referred to Committee on Transportation.
HB 1315. By Representatives Lambert of the 112th and Argo of the 63rd: A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to change the employee contribution rate; to provide for a new and different benefits structure for employees who become members of the system on and after July 1, 1982.
Referred to Committee on Retirement.

THURSDAY, MARCH 11, 1982

1955

HB 1351. By Representatives Robinson of the 58th, Vandiford of the 53rd, Hawkins of the 50th and others:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions from ad valorem taxation of property, so as to provide for an application for ex emption from taxation of certain property.
Referred to Committee on Banking, Finance and Insurance.

HB 1436. By Representatives Jones of the 78th, Mostiler of the 71st, Dover of the llth and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia An notated, relating to elementary, secondary, and adult education, so as to require certain procedures be followed by any local school superinten dent or local board of education.
Referred to Committee on Education.

HB 1437. By Representative Ham of the 80th:
A bill to amend Code Section 5A-5511, relating to small domestic wineries, so as to change the amount of wine which may be produced by wineries selling at retail on their premises; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Consumer Affairs.

HB 1491. By Representatives Coleman of the 118th, Hanner of the 130th, Martin of the 60th and others:
A bill to amend Title 25 of the Official Code of Georgia Annotated, so as to regulate fire protection sprinkler contractors; to provide for ad ministration; to provide for certificates of competency to be issued to persons authorized to engage in the installation, repair, alteration, addi tion, maintenance, or inspection of fire protection sprinkler systems or water-sprayed systems; to provide for examinations.
Referred to Committee on Public Safety.

HB 1513. By Representative Home of the 104th:
A bill to amend Code Section 56-1022, relating to authorized investments by insurers, so as to provide that insurers may invest in bonds, notes, or other evidences of indebtedness which are secured by mortgage or deed of trust or deed to secure debt insured in whole or in part by a private mortgage insurance company under certain conditions; to amend the Of ficial Code of Georgia Annotated.
Referred to Committee on Banking, Finance and Insurance.

1956

JOURNAL OF THE SENATE

HB 1547. By Representative Bray of the 70th:
A bill to amend Code Section 49-606, relating to the procedure for ap pointing a guardian, so as to authorize certain physicians in federal medical facilities to execute certain affidavits; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Special Judiciary.

HB 1583. By Representatives Jackson of the 77th, Jackson of the 75th, Oliver of the 121st and Godbee of the 82nd:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment and inspection of vehicles, so as to pro vide that it shall be unlawful to affix material to the front windshield or right or left front door windows of a motor vehicle which will obstruct vision into the vehicle; to make it unlawful to own or operate a motor vehicle which has material affixed to the front windshield or right or left front door windows of the vehicle which obstructs vision into the vehi cle.
Referred to Committee on Public Safety.

HB 1617. By Representatives Elliott of the 49th and Vaughn of the 57th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia An notated, relating to superior courts, so as to change the name of the Stone Mountain Judicial Circuit to the DeKalb Judicial Circuit. Referred to Committee on Judiciary.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1328. By Representatives Nicholson of the 88th and Padgett of the 86th:
A bill to amend Code Section 24-2615, relating to the powers and jurisdiction of superior courts, so as to change the punishment for con tempt; to amend the Official Code of Georgia Annotated accordingly.
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 Barker Barnes

Bell Bond Bowen

Brantley Broun of 46th Brown of 47th

Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Foster Garner Gillis

THURSDAY, MARCH 11, 1982

1957

Hill Holloway Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

Reynolds Scott Starr Stumbaugh Summers Sutton Thompson Trulock Turner Tysinger Walker

Voting in the negative was Senator Greene.

Those not voting were Senators:

Ballard Brannon Evans Fincher of 52nd

Fincher of 54th Hudgins Robinson Stephens

Tate Timmons Wessels (excused)

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Hill of the 29th introduced the doctor of the day, Dr. Joe Almond, of LaGrange, 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:
HB 1313. By Representatives Johnson of the 72nd, Murphy of the 18th, 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 amount to be paid to a beneficiary upon the death of a peace officer; to amend the Official Code of Georgia An notated accordingly. Senate Sponsor: Senator Tate of the 38th.

1958

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 25, 1982

SUBJECT: Fiscal Note-House Bill 1313 (LC 3 1551) Peace Officers' Annuity and Benefit Fund

This Bill would increase by $500 the death benefit paid by the fund. The current and proposed death benefits are as follows:

Retiree Active Member Active Member (Death in the line of duty)

Death Benefit

Current

Proposed

$1,500 2,500 4,500

$2,000 3,000 5,000

The actuary for the fund has determined that this Bill would increase annual pension accrual costs by $25,500.

/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 Barker Bell Bond Brantley Brown of 47th Bryant Cobb Coleman

Coverdell Deal Dean Eldridge English Engram Evans Foster Garner

Gillis Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd

Land Lester Littlefield McGill McKenzie Reynolds Robinson

THURSDAY, MARCH 11, 1982

1959

Scott Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Ballard
Barnes
Bowen Brannon

Broun of 46th Fincher of 52nd Fincher of 54th

Horton Timmons Wessels (excused)

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 741. By Senator Littlefield of the 6th:
A bill to amend certain laws of this state based upon classifications of population providing for boards of elections or boards of registration and elections, so as to change the provisions relative to population and cen sus; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brantley Brown of 47th Coleman Coverdell Deal Dean English Engram

Evans Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Lester

Littlefield McGill Reynolds Scott Starr Stumbaugh Summers Sutton Tate Trulock Turner Tysinger Walker

1960

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard Brannon Broun of 46th Bryant Cobb

Eldridge Fincher of 52nd Fincher of 54th Hudgins McKenzie

Robinson Stephens Thompson Timmons Wessels (excused)

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 315. By Senators Fincher of the 54th, Gillis of the 20th, Kidd of the 25th and others:
A resolution requiring the Board of Medical Assistance to review the needs of pharmacy providers and adopt such policies to ensure that these providers receive a pro rata share of supplemental funds appropriated to the Department of Medical Assistance.

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 Bond Brantley Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge English Engram Evans Foster

Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker

THURSDAY, MARCH 11, 1982

1961

Those not voting were Senators:

Allgood Ballard Bell Bowen

Brannon Broun of 46th Cobb Fincher of 52nd

Fincher of 54th Littlefield Timmons Wessels (excused)

On the adoption of the resolution, the yeas were 44, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 1167. By Representatives Darden of the 19th and Snow of the 1st:
A bill to amend Code Section 27-2503, relating to presentence hearings in felony cases, so as to provide for mistrials in the sentencing phase of death penalty cases; to provide for all related matters; to amend the Of ficial Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Bell of the 5th.
The Senate Committee on Judiciary offered the following substitute to HB 1167:
A BILL
To be entitled an Act to amend Code Section 27-2503, relating to presentence hearings in felony cases, so as to provide for mistrials in the sentencing phase of death penalty cases; to provide for all related mat ters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 27-2503, relating to presentence hearings in felony cases, is amended by striking subsection jb) and inserting in its place a new subsection to read as follows:
"(b) In all cases in which the death penalty may be imposed and which are tried by a jury, upon a return of a verdict of guilty by the jury, the court shall resume the trial and conduct a presentence hear ing before the jury. Such hearing shall be conducted in the same man ner as presentence hearings conducted before the judge as provided in subsection (a) of this Section. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions, and the jury shall retire to determine whether any mitigating or ag gravating circumstances, as defined in Code section 27-2534.1, exist and whether to recommend mercy for the defendant. Upon the find-

1962

JOURNAL OF THE SENATE

ings of the jury, the judge shall fix a sentence within the limits prescribed by law. If the jury is unable to reach a unanimous verdict and if at least ten members of the jury voted in favor of recommend ing the death penalty, the judge may declare a mistrial as to the sentencing procedures and order a new trial as to the sentencing pro cedures. There shall be only one such new trial as to the sentencing procedures and, if the jury in the second such sentencing 'trial is unable to reach a unanimous verdict or if the requisite minimum of ten jurors has not voted for the death penalty so as to authorize a sec ond sentencing trial, then the judge shall impose sentence as other wise provided by law. The declaration of a mistrial as to the sentenc ing procedures shall in no way affect the adjudication of guilt."
Part 2
Section 2. Code Section 17-10-2, relating to presentence hearings in felony cases, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows:
"(c) In all cases tried by a jury in which the death penalty may be imposed, upon a return of a verdict of 'guilty' by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. The hearing shall be conducted in the same manner as presentence hearings conducted before the judge as provided for in subsection (a) of this Code section. Upon the conclusion of the evidence and arguments; the judge shall give the jury appropriate in structions, and the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in Code Section 17-10-30, exist and whether to recommend mercy for the defendant. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law. If the jury is unable to reach a unanimous verdict and if at least ten members of the jury voted in favor of recom mending the death penalty, the judge may declare a mistrial as to the sentencing procedures and order a new trial as to the sentencing pro cedures. There shall be only one such new trial as to the sentencing procedures and, if the jury in the second such sentencing trial is unable to reach a unanimous verdict or if the requisite minimum of ten jurors has not voted for the death penalty so as to authorize a sec ond sentencing trial, then the judge shall impose sentence as other wise provided by law. The declaration of a mistrial as to the sentenc ing procedures shall in no way affect the adjudication of guilt."
Part3
Section 3. (a) Except as provided in subsection (c) of this section, this act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, MARCH 11, 1982

1963

On the adoption of the substitute, the yeas were 37, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal

Dean English Fincher of 54th Foster Garner Gillis Holloway Horton Kennedy Kidd Land

Lester McGill McKenzie Reynolds Robinson Starr Summers Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Barnes Bond Eldridge Engram Evans

Greene Howard Hudgins Littlefield Scott

Those not voting were Senators:

Ballard Brannon Fincher of 52nd

Hill Hudson

Stephens Stumbaugh Sutton Tate Thompson
Timmons Wessels (excused)

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 local bill of the Senate was taken up for the purpose of consider ing the House amendment thereto:

SB 664. By Senator Bryant of the 3rd:
A bill creating a new charter for the Town of Pooler, as amended, so as to extend the corporate limits of the Town of Pooler.

1964

JOURNAL OF THE SENATE

The House amendment was as follows:
Delete line 27 on Page 1 and lines 1 through 17 on Page 2 and insert in lieu thereof:
"a distance of 530.0 feet, more or less, to the southerly property line of Union Camp's Harry H. Anderson Tract; extend thence along said Union Camp property line North 89 35' 00" East a distance of 330.0 feet, more or less, to a concrete monument located at the southeast corner of said Anderson Tract and the southwesterly property line of Union Camp's S. A. Alien, Inc. Tract; running thence South 24 19' 00" East along said property line to the Northeasterly corner of"
2. Delete lines 4 through 11 on Page 3 and insert in lieu thereof:
"8,425.00 feet, more or less, to a point at the intersection with the easterly property line of lands of G. Philip Morgan, Jr., et al.; extend thence North 19 04' 00" East a distance of 230.0 feet to a point; ex tend thence North 18 02'00" East a distance of 1,124.0 feet to a point on the northerly right-of-way line of a canal; extend thence along said canal right-of-way line North 65 55' 00" West a distance of 472.0 feet to a point; continuing thence along said canal right-of-way line North 43 31' 00" West a distance of 298.0 feet to a point at the intersection with the easterly right-of-way line of Wildcat Dam Road, said Road being at the existing corporate limit line of Bloomingdale, Georgia; ex tend thence along said easterly right-of-way line of Wildcat Dam Road North 28 33' 00" East a distance of 1,428.0 feet to a point; extend thence South 73 42' 00" East a distance of 480.0 feet to a point; ex tend thence North 18 27' 00" East for a distance of 850.0 feet, more or less, to the southerly right-of-way line of U.S. Highway 80; extend thence"
3. Add on Page 11 between lines 32 and 33, the following:
"ALSO ALL that certain lot, tract or parcel of land beginning at the point of intersection of the southerly right-of-way of Pipemaker's Canal with the westerly right-of-way line of Benton Drive; extend thence along said westerly right-of-way line of Benton Drive for a distance of 400.00', more or less, to the existing corporate limits at Cemetery Road; extend thence westerly along the said corporate limits at Cemetery Road to the southeasterly property line of Union Camp's S. A. Alien, Inc. Tract, and the corporate limits line; and ex tend thence along said property line in a northeasterly direction to the Point of Beginning."

Senator Bryant of the 3rd moved that the Senate agree to the House amendment to SB 664.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 664.

THURSDAY, MARCH 11, 1982

1965

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1299. By Representatives Childers of the 15th and Adams of the 14th:
A bill to amend the "Georgia Post-Mortem Examination Act," so as to authorize other persons than the medical examiner or a person designated by him to draw blood to test for intoxicating substances; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Fincher of the 52nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bell Bond Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English Evans

Fincher of 52nd Foster Garner Gillis Greene Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

Those not voting were Senators:

Ballard Barnes Brannon Brantley

Dean Engram Fincher of 54th Hill

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker
Holloway Horton Timmons Wessels (excused)

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1966

JOURNAL OF THE SENATE

The following general bill of the House, having been read the third time on March 8 and committed to the Committee on Consumer Affairs, and favorably reported by the committee, was put upon its passage:

HB 1252. By Representative Watson of the 114th:
A bill to amend Code Chapter 5A-25, relating to state license require ments and regulations for manufacture, distribution, and package sales business; to amend the Official Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Bond of the 39th.

The Senate Committee on Consumer Affairs offered the following substitute to HB 1252:
A BILL
To be entitled an Act to amend Code Title 5A, relating to alcoholic beverages, so as to provide that license hearings conducted by the com missioner are exempt from the requirements of the "Georgia Ad ministrative Procedure Act"; to require a separate retail license for each place of business; to provide for an existing license to apply to a new location in certain circumstances where a retail licensee moves his package sales business; to amend an Act known as the "Georgia Ad ministrative Procedure Act," approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, so as to exempt certain proceedings of the commis sioner from coverage under the Act; to amend an Act entitled "An Act to amend the Code of Georgia of 1933, as amended, so as to codify, revise, clarify, classify, consolidate, modernize, and supersede exhaustively and completely certain laws relating to the regulation and taxation of alcoholic beverages; to create Code Title 5A of the Code of Georgia of 1933, as amended; to provide a short title; to define certain terms; to pro vide for continuation of certain forms and filings; to provide that the Act shall not affect or abate certain actions, rights, proceedings, and viola tions; to provide for administration of the provisions of the title by the State Revenue Commissioner; to provide for rules and regulations; to specify powers of the State Revenue Commissioner; to specify certain prohibitions; to declare certain privileges; to specify certain re quirements; to provide for access to certain records; to provide for penalties and interest; to specify certain law enforcement duties; to pro vide for seizure and disposition of contraband; to provide for a tax on distilled spirits; to regulate package sales; to provide license and excise taxes; to regulate sales by the drink; to provide excise and license taxes; to tax and regulate sales and consumption of beer and wine; to authorize certain local option alcoholic beverage control; to provide for sales and regulation of alcoholic beverages in private clubs; to specify certain crimes; to amend an Act known as 'The Georgia Administrative Pro cedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), so as to provide that the regulation of liquor and alcoholic beverages is within the scope of the Act; to provide for other matters relative to the foregoing; to provide that certain laws are not repealed; to repeal certain specific laws; to repeal conflicting laws; and for other pur-

THURSDAY, MARCH 11, 1982

1967

poses.", approved April 8, 1980 (Ga. L. 1980, p. 1573), so as to repeal a section of said Act relating to the applicability of the "Georgia Ad ministrative Procedure Act" to the regulation of alcoholic beverages; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Title 5A, relating to alcoholic beverages, is amend ed by striking paragraph (2) of subsection (a) of Code Section 5A-303 in its entirety and inserting in lieu thereof a new paragraph (2) of subsection (a) of said Code section to read as follows:
"(2) Before any denial, suspension, or cancellation of a license granted pursuant to this title, the applicant or licensee shall be afford ed a hearing in the manner, and subject to the conditions, and pro cedures established by this chapter and the commissioner."
Section 2. Said Title is further amended by adding between Code Sections 5A-2502 and 5A-2503 a new Code section, to be designated Code Section 5A-2502.1, to read as follows:
"5A-2502.1. Retail licenses, (a) A separate retail license shall be required for each place of business.
(b) In cases where a retail licensee is moving his package sales business to a different location, he shall be authorized to make appli cation to have the license for the location previously occupied apply to the new location. Anything contained in Code Section 5A-2502 to the contrary notwithstanding, if the retail licensee complies with all other requirements of law, the commissioner shall authorize the existing license to apply to the new location."
Section 3. An Act known as the "Georgia Administrative Procedure Act," approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, is amended by striking subsection (a) of Section 2 of said Act in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) 'Agency' means each State board, bureau, commission, department, activity or officer authorized by law expressly to make rules and regulations or to determine contested cases except the General Assembly, the judiciary, the Governor, the Board of Pardons and Paroles, the State Board of Probation, the Board of Bar Examiners, the Board of Offender Rehabilitation and its penal institutions, the State Board of Workers' Compensation, all Public Authorities, the State Personnel Board (Merit System), the State Supervisor of Pur chases (Purchasing Department), the Department of Revenue when conducting hearings on the denial, suspension, or cancellation of licenses relating to alcoholic beverages, or any school, college, hospital or other such educational, eleemosynary or charitable institu tion, or any agency when its action is concerned with the military or naval affairs of this State."

1968

JOURNAL OF THE SENATE

Section 4. An Act entitled "An Act to amend the Code of Georgia of 1933, as amended, so as to codify, revise, clarify, classify, consolidate, modernize, and supersede exhaustively and completely certain laws relating to the regulation and taxation of alcoholic beverages; to create Code Title 5A of the Code of Georgia of 1933, as amended; to provide a short title; to define certain terms; to provide for continuation of certain forms and filings; to provide that the Act shall not affect or abate certain actions, rights, proceedings, and violations; to provide for administration of the provisions of the title by the State Revenue Commissioner; to pro vide for rules and regulations; to specify powers of the State Revenue Commissioner; to specify certain prohibitions; to declare certain privileges; to specify certain requirements; to provide for access to cer tain records; to provide for penalties and interest; to specify certain law enforcement duties; to provide for seizure and disposition of contraband; to provide for a tax on distilled spirits; to regulate package sales; to pro vide license and excise taxes; to regulate sales by the drink; to provide ex cise and license taxes; to tax and regulate sales and consumption of beer and wine; to authorize certain local option alcoholic beverage control; to provide for sales and regulation of alcoholic beverages in private clubs; to specify certain crimes; to amend an Act known as 'The Georgia Ad ministrative Procedure Acts,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), so as to provide that the regulation of liquor and alcoholic beverages is within the scope of the Act; to provide for other matters relative to the foregoing; to provide that certain laws are not repealed; to repeal certain specific laws; to repeal conflicting laws; and for other purposes.", approved April 8, 1980 (Ga. L. 1980, p. 1573), is amended by repealing in its entirety Section 2 of said Act which reads as follows:
"Section 2. 'Administrative Procedure Act' amended. An Act known as 'The Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), is hereby amended by striking from subsection (a) of Section 2 thereof the following:
'the regulation of liquor and alcoholic beverages,',
so that when so amended subsection (a) of Section 2 shall read as follows:
'(a) "Agency" means each State board, bureau, commission, department, activity or officer authorized by law expressly to make rules and regulations or to determine contested cases except the General Assembly, the judiciary, the Governor, the Board of Pardons and Paroles, the State Board of Probation, the Board of Bar Ex aminers, the Board of Corrections and its penal institutions, the State Board of Workers' Compensation, all Public Authorities, the State Personnel Board (Merit System), the State Supervisor of Purchases (Purchasing Department), or any school, college, hospital or other such education, eleemosynary or charitable institution, or any agency when its action is concerned with the military or naval affairs of this State.' "

THURSDAY, MARCH 11, 1982

1969

Part 2
Section 5. Code Section 3-2-3 of the Official Code of Georgia An notated, relating to the powers of the commissioner to regulate alcoholic beverages, is amended by striking paragraph (1) of said Code section in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Deny, suspend, or cancel any license required under this title if:
(A) The license application is not filed in good faith or is filed by some person as a subterfuge for any other person;
(B) Any applicant for a license or any licensee under this title willfully fails to comply with any provisions of this title or with rules and regulations adopted by the commissioner; or
(C) Any person to whom a license has been issued is no longer engaged in the dealing of alcoholic beverages or no longer qualifies as a licensee under this title.
Before any denial, suspension, or cancellation of a license granted pursuant to this title, the applicant or licensee shall be afforded a hear ing in the manner, and subject to the conditions, and procedures established by this chapter and the commissioner. The commissioner shall notify an applicant or licensee in writing of the denial, suspen sion, or cancellation by registered or certified mail to the last known address of the applicant or licensee appearing in the commissioner's files or by personal service upon the applicant or licensee by an authorized agent of the commissioner. Upon cancellation of a license for cause under this paragraph, there shall be no renewal or reissuance of the canceled license for a period of two years from the date of cancellation;".
Section 6. Chapter 4 of Title 3 of the Official Code of Georgia An notated, relating to distilled spirits, is amended by adding between Code Sections 3-4-21 and 3-4-22 a new Code section, to be designated Code Section 3-4-21.1, to read as follows:
"3-4-21.1. (a) A separate retail license shall be required for each place of business.
(b) In cases where a retail licensee is moving his package sales business to a different location, he shall be authorized to make appli cation to have the license for the location previously occupied apply to the new location. Anything contained in Code Section 3-4-21 to the contrary notwithstanding, if the retail licensee complies with all other requirements of law, the commissioner shall authorize the existing license to apply to the new location."

1970

JOURNAL OF THE SENATE

Section 7. Code Section 50-13-2 of the Official Code of Georgia An notated, relating to definitions for state administration and enforcement, is amended by striking paragraph (1) of said Code section in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commis sion; the State Properties Commission; the Board of Bar Examiners; the Board of Offender Rehabilitation and its penal institutions; the State Board of Workers' Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Ad ministrative Services or commissioner of administrative services; the Department of Revenue when conducting hearings on the denial, suspension, or cancellation of licenses relating to alcoholic beverages; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state."
Part3
Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
jc) Part 2 of this Act shall become effective on November 1, 1982.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Senators Greene of the 26th, Robinson of the 27th and Starr of the 44th offered the following amendment:

Amend the substitute to HB 1252 offered by the Senate Committee on Consumer Affairs by striking line 4 of Page 1 in its entirety and insert ing in lieu thereof the following:
" 'Georgia Administrative Procedure Act'; to change certain population brackets and census references; to require a".
By adding a new Section 2A to read as follows:
"Section 2A. Said Title is further amended by striking subsection (g) of Code Section 5A-507 in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:
'(g) In each county having a population of not less than 153,000 or more than 165,000, according to the census, in which the sale of alcoholic beverages is lawful and in all municipalities within such

THURSDAY, MARCH 11, 1982

1971

counties in which the sale of alcoholic beverages is lawful, the govern ing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises:
(1) At any time from 11:55 P.M. on Saturdays and the two hours immediately following such time.
(2) In eating establishments which are located in the unincor porated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. For the purposes of this paragraph, "eating establishment" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises and which derives at least 50 per cent of its total annual gross food and beverage sales from the sale of prepared meals or food.' ''
By adding a new Section 3A to read as follows:
"Section 3A. Said Title is further amended by striking paragraph (1) of subsection (a) of Code Section 5A-6503 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
'(1) "Coliseum authority" means any public coliseum authority created by law in any county having a population of not less than 153,000 and not more than 165,000, according to the census.' "
By adding a new Section 5A to read as follows:
"Section 5A. Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, on Sunday, is amended by striking subsection (f) of said Code section in its entirety and substituting in lieu thereof a new subsection jf) to read as follows:
'(f) In each county having a population of not less than 153,000 nor more than 165,000 according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing author ity of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises.
(1) At any time from 11:55 P.M. on Saturdays and the two hours immediately following such time; and
(2) In eating establishments which are located in the unincor porated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays from 12:30 P.M. until 12:00 Midnight. As used in this paragraph, the term "eating establishment" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.' "

1972

JOURNAL OF THE SENATE

By adding a new Section 6A to read as follows:
"Section 6A. Code Section 3-8-3 of the Official Code of Georgia Annotated, relating to the sale of malt beverages at coliseums, is amended by striking paragraph (1) of subsection (a) of said Code sec tion in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
'(1) "Coliseum authority" means any public coliseum authority created by law in any county having a population of not less than 153,000 nor more than 165,000 according to the United States decen nial census of 1980 or any future such census.' "

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 35, nays 1, and the substitute was adopted as amended.

The report of the committee, which was favorably 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 Brantley Broun of 46th Brown of 47th Bryant
Cobb Coleman Coverdell Deal Dean Eldridge

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 Stephens Stumbaugh Summers Sutton
Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Fincher of 54th

Hill Timmons

Wessels (excused)

THURSDAY, MARCH 11, 1982

1973

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1252.

HB 1314. By Representatives Johnson of the 72nd, Murphy of the 18th, Colemanof the 118th and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relative to disability benefits for cer tain members; to amend the Official Code of Georgia Annotated accor dingly.
Senate Sponsor: Senator Tate of the 38th.

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 12, 1982

SUBJECT: Fiscal Note-House Bill 1314 (LC 3 1574S) Peace Officers' Annuity and Benefit Fund

This Bill would increase disability benefits for persons who have at least 20 years of service at the time of their disability. Currently, members with less than 30 years of receive $175 per month in disability benefits regardless of their years of service. This Bill would allow disabl ed members to receive monthly benefits of $12 for each year of service, provided they had obtained at least 20 years of service. Disabled members with less than 20 years of service would continue to receive
$175 per month.

The actuary for the Fund has determined that this Bill would in crease annual pension accrual cost by $3,000.

Is/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

1974

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 Bond Brantley Broun of 46th Brown of 47th Bryant
Cobb Coleman Coverdell Deal Dean Eldridge 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 Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bell Bowen Brannon

English Fincher of 54th Hill

Timmons Wessels (excused)

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 324. By Senators Trulock of the 10th and Holloway of the 12th: A resolution designating the Georgia-Florida Parkway.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

THURSDAY, MARCH 11, 1982

1975

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 Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Evans
Fincher of 52nd Foster
Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Bell Brannon Engram

Fincher of 54th Hill Holloway

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker
Timmons Wessels (excused)

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:
HR 158. By Representative Adams of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution to authorize the General Assembly to provide by law for the creation of a countywide public library system within all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and authorizing the General Assembly to transfer existing library facilities and systems of such county and of any

1976

JOURNAL OF THE SENATE

municipality located wholly or partially within such county to the countywide public library system; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitution is amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, the General Assembly is authorized to provide by law for any or all matters necessary or convenient for the creation of a countywide public library service or system in any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census. Without limiting the generality of the foregoing, the General Assembly may provide by such law for the transfer of public library systems and services of any such county and of any municipality located wholly or partially within any such county to the countywide library service or system created by such law and may provide for the transfer of any or all physical facilities, obligations, debts, assets, records, employees, other personnel, causes of actions, and rights of public libraries or public library systems of such county or any such municipality to such countywide public library service or system. The General Assembly may further provide by any such law for the funding of the countywide public library system or service from the funds of any such county and for the managing or governing body of such countywide public library system or service. Any law adopted pursuant to the authority of this paragraph shall control the subject matter thereof, notwithstanding the provisions of any general or local law to the contrary, whether presently existing or hereafter enacted. The provisions of this paragraph shall be liberally construed to enable the General Assembly to fully implement and carry out 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 General Assembly to provide by law for the creation of a
[ ] NO countywide public library system within all counties of this state having a population of 550,000 or more accor ding to the United States decennial census of 1980 or any future such census and authorizing the General Assembly to transfer existing library facilities and systems of such county and of any municipality located wholly or partially within such county to the countywide pubic library system?"

THURSDAY, MARCH 11, 1982

1977

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 Consitution 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 Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean English Engram

Evans Fincher of 52nd Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bell Bond Brannon Eldridge

Fincher of 54th Hill Hollo way

Littlefield Timmons Wessels (excused)

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

1978

JOURNAL OF THE SENATE

HR 597. By Representative Rainey of the 135th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the membership of the Crisp County-Cordele Industrial Development Authority; 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. The Constitution is amended by striking from the amend ment to the Constitution which created the Crisp County-Cordele In dustrial Development Authority, which was ratified at the 1968 general election, which is set forth in Georgia Laws 1968, pages 1757-1764, and which was continued in force by the Constitution of 1976, subparagraph B. thereof which reads as follows:
"B. The Authority shall be composed of five members, one of whom shall be the chairman of the Commissioners of Roads and Revenues of Crisp County, one of whom shall be the Chairman of the City Commissioners of Cordele, and one of whom shall be the presi dent of the Cordele-Crisp County Chamber of Commerce. The Com missioners of Roads and Revenues of Crisp County shall appoint one member who shall be a resident of Crisp County within or without the city limits of Cordele and shall serve for a term of three years and un til his successor is duly appointed and qualified. Thereafter, suc cessors to the initial member appointed by the Commissioners of Roads and Revenues of Crisp County shall serve for three years and until their successors are duly elected and qualified. The City Com missioners of Cordele shall appoint one member who shall be a resi dent of Crisp County within or without the city limits of Cordele and shall serve for a term of two years and until their successors are duly appointed and qualified. Thereafter, successors to the initial member appointed by the City Commissioners shall serve for three years and until their successors are duly elected and qualified. Provided, however, under no circumstances shall the Commissioners of Roads and Revenues of Crisp County or the City Commissioners of Cordele appoint a member of either Commission. In the event a vacancy oc curs on the Authority for any reason, the appointing Authority shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own Chairman, Vice-Chairman and Secretary from its members. The members of the Authority shall receive no compensation for their services on the Authority.",
and inserting in lieu thereof a new subparagraph B. to read as follows:
"B. The Authority shall be composed of seven members, one of whom shall be the chairman of the Crisp County Board of Commis sioners, one of whom shall be the Chairman of the City Commis sioners of Cordele, one of whom shall be the Chairman of the Crisp County Power Commission, and one of whom shall be the president of the Cordele-Crisp County Chamber of Commerce. The Crisp Coun ty Board of Commissioners shall appoint one member who shall be a

THURSDAY, MARCH 11, 1982

1979

resident of Crisp County within or without the city limits of Cordele, and such member shall serve for a term of three years and until his successor is duly appointed and qualified. Thereafter, successors to the member appointed by the Crisp County Board of Commissioners shall serve for terms of three years and until a successor is duly ap pointed and qualified. The City Commissioners of Cordele shall ap point one member who shall be a resident of Crisp County within or without the city limits of Cordele, and such member shall serve for a term of two years and until his successor is duly appointed and qualified. Thereafter, successors to the initial member appointed by the City Commissioners of Cordele shall serve for terms of three years and until a successor is duly appointed and qualified. The Crisp Coun ty Power Commission shall appoint one member who shall be a resi dent of Crisp County within or without the corporate limits of the City of Cordele, and such member and successors to such member shall be appointed for a term of three years and until a successor is appointed and qualified. Provided, however, under no circumstances shall the Crisp County Board of Commissioners, the City Commissioners of Cordele, or the Crisp County Power Commission appoint a member of any of such bodies as a member of the Authority. No vacancy shall impair the power of the Authority to act, provided that five members are in accord with such action. In the event a vacancy occurs on the Authority for any reason, the appointing authority shall appoint a member to serve the unexpired term. The Authority is empowered to elect its own chairman, vice-chairman, and secretary from its members. The members of the Authority shall receive no compensa tion for their services on the Authority."
Section 2. The Constitution is further amended by striking from said amendment creating the Crisp County-Cordele Industrial Development Authority subparagraph E. thereof, which reads as follows:
"Any three (3) members shall constitute a quorum for the transac tion of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes."
and inserting in lieu thereof a new subparagraph E. to read as follows:
"E. Any five members shall constitute a quorum for the transac tion of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than five affirmative votes, subjects, however, in the event of a vacancy, to the provisions of subparagraph B. hereof."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, 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 an [ ] NO increase in membership of the Crisp County-Cordele In dustrial Development Authority?''

1980

JOURNAL OF THE SENATE

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No.''
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the 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 Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean English Engram

Evans Fincher of 52nd Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bell Bond Brannon Eldridge

Fincher of 54th Hill Holloway

Littlefield Timmons Wessels (excused)

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

THURSDAY, MARCH 11, 1982

1981

HR 634. By Representatives Matthews of the 145th and Collins of the 144th:
A RESOLUTION
Proposing an amendment to the Constitution so as to remove the maximum amount of interest that bonds issued by the Moultrie-Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds borrowed from financial in stitutions; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution, as amended, particularly by a resolution ratified November 8, 1960 (Ga. L. 1960, p. 1402), a resolution ratified November 3, 1964 (Ga. L. 1964, Ex. Sess., p. 403), and a resolution ratified November 2, 1976 (Ga. L. 1976, p. 1773), is amended by striking the following:
"I. The Authority is hereby authorized to issue revenue bonds to carry out the purposes of this amendment. Revenue bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such revenue bonds may be authorized by resolutions of the MoultrieColquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which revenue bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not ex ceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding eight percent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, convenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to nontaxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Colquitt County in the same man ner as revenue bonds of municipalities are validated as provided in Code sections 87-815 et seq. of the Code of Georgia. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the supreme court or the court of appeals, the judgment of the superior court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security thereof against said Authority. In addition, the Authority is hereby authorized to borrow funds from financial institutions at a rate of interest not to exceed eight percent per annum.'',

1982

JOURNAL OF THE SENATE

and inserting in lieu thereof the following:

"I. The Authority is hereby authorized to issue revenue bonds to carry out the purposes of this amendment. Revenue bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such revenue bonds may be authorized by resolutions of the MoultrieColquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which revenue bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not ex ceeding thirty years from their respective dates, bear interest at such rate or rates, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be nontaxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Colquitt County in the same manner as revenue bonds of municipalities are validated provided in Code Sections 36-82-74 through 36-82-83 of the Official Code of Georgia Annotated. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the supreme court or the court of appeals, the judge ment of the superior court, confirming and validating the issuance of
such bonds, shall be forever conclusive as to the validity of said bonds and the security thereof against said Authority. In addition, the Authority is hereby authorized to borrow funds from financial institu tions."

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 remove the maximum amount of interest that bonds issued by the Moultrie-Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds borrowed from financial in stitutions?"

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.

THURSDAY, MARCH 11, 1982

1983

The Senate Committee on County and Urban Affairs offered the following substitute to HR 634:
A RESOLUTION
Proposing an amendment to the Constitution so as to remove the maximum amount of interest that bonds issued by the Moultrie-Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds borrowed from financial in stitutions; to provide for a code of ethics for members of the Authority; to prohibit certain persons from serving on the Authority; to provide for the notification of meetings of the Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The amendment to the Constitution of Georgia of 1945 which created the Moultrie-Colquitt County Development Authority, which amendment was ratified at the general election held in 1960 and which is set forth in Ga. L. I960, p. 1402, as amended, particularly by a resolution ratified at the general election held in 1976 and which is set forth in Ga. L. 1976, p. 1773, and which was continued in full force and effect by the provisions of the Constitution of Georgia of 1976, is amend ed by striking therefrom the following:
"I. The Authority is hereby authorized to issue revenue bonds to carry out the purposes of this amendment. Revenue bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such revenue bonds may be authorized by resolutions of the MoultrieColquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which revenue bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not ex ceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding eight percent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, convenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be nontaxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Colquitt County in the same man ner as revenue bonds of municipalities are validated as provided in Code sections 87-815 at seq. of the Code of Georgia. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the supreme court or the court of appeals, the judgment of the superior court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security thereof against said Authority. In addition, the Authority is hereby authorized to borrow funds from financial institutions at a rate of interest not to exceed eight percent per annum.'',

1984

JOURNAL OF THE SENATE

and inserting in lieu thereof the following:
"I. The Authority is authorized to issue revenue bonds to carry out the purposes of this amendment. Revenue bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such revenue bonds may be authorized by resolutions of the MoultrieColquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority, in determining the cost of any undertaking for which revenue bonds are to be issued, may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period and for six months thereafter; and such bonds shall bear such date or dates, mature at such time or times not ex ceeding 30 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are declared to be nontaxable for any and all purposes. Such bonds issued by said Authority shall be validated in the Superior Court of Colquitt County in the same manner as revenue bonds of municipalities are validated as provided in Code Sections 36-82-74 through 36-82-83 of the Official Code of Georgia Annotated. In the event no bill of exceptions shall be filed within the time prescribed by law or, if filed, the judgment shall be affirmed by the Supreme Court or the Court of Appeals, the judg ment of the superior court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security thereof against said Authority. In addition, the Authority is authorized to borrow funds from financial institutions."
Section 2. Said amendment, as amended, is further amended by add ing after the paragraph which reads as follows:
"N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the City of Moultrie, Colquitt County or the State of Georgia.",
the following:
"O. The members of the Authority shall represent the citizens of Moultrie and Colquitt County in a fiduciary capacity while carrying out their duties. Each member of the Authority shall:
(1) Uphold the Constitution, laws, and regulations of the United States, the State of Georgia, and all governments therein and never be a party to their evasion;
(2) Never discriminate by the dispensing of special favors or privileges to anyone, whether or not for remuneration;

THURSDAY, MARCH 11, 1982

1985

(3) Not engage in any business with the government, either direct ly or indirectly, which is inconsistent with the conscientious perfor mance of his governmental duties;
(4) Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit;
(5) Expose corruption wherever discovered;
(6) Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospitality, or services from any person, associa tion, or corporation under circumstances from which it could reasonably be inferred that a major purpose of the donor is to in fluence the performance of the member's official duties;
(7) Never accept any economic opportunity under circumstances where he knows or should know that there is substantial possibility that the opportunity is being afforded him with intent to influence his conduct in the performance of his official duties;
(8) Never engage in other conduct which is unbecoming to a member or which constitute a breach of public trust; and
(9) Never take any official action with regard to any matter under circumstances in which he knows or should know that he has a direct or indirect monetary interest in the subject matter of such matter or in the outcome of such official action.
P. No person shall be permitted to serve on the Authority if he, or a corporation, partnership, or association in which he is an officer, conducts any business for profit with a person, corporation, partner ship, or association which has a loan from the Authority outstanding until such loan is repaid in full. The Authority shall be required to declare a vacancy in the office of any member found violating the pro visions of this paragraph.
Q. The Authority shall give the public advance notice of all meetings. The advance notice of the meeting shall be given by notify ing the broadcast and print news media of the county of the date, time, place, and purpose of the meeting at least 72 hours prior to the date thereof. The notice to the news media may be made by telephone or by written notice. The requirement of advance public notice of a meeting shall not apply to a meeting called as a result of a bona fide emergency, but public notice of the emergency meeting shall be given by the Authority as far in advance of the meeting as practicable under the emergency circumstances."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

1986

JOURNAL OF THE SENATE

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to remove the maximum amount of interest that bonds issued by the
[ ] NO Moultrie-Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds borrowed from financial in stitutions and to provide a code of ethics for members of the Authority?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the 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 Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean
English
Engram

Evans Fincher of 52nd Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester
McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger
Walker

THURSDAY, MARCH 11, 1982

1987

Those not voting were Senators:

Bell
Bond
Brannon Eldridge

Fincher of 54th Hill Holloway

Littlefield Timmons Wessels (excused)

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted by substitute.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House adheres to its position is 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 1223. By Representatives Miles of the 107th, Cheeks of the 89th, Colbert of the 23rd and others: A bill to amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, so as to continue the Board of Chiropractic Examiners and the laws relating thereto but to provide for the later termination of the board and such laws; to amend the Official Code of Georgia An notated accordingly.
The Speaker has appointed on the part of the House, Representatives Miles of the 107th, Mostiler of the 71st and Bargeron of the 83rd.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 2:00 o'clock P.M. tomorrow, and the motion prevailed.
At 12:48 o'clock P.M., the President announced the Senate adjourned until 2:00 o'clock P.M. tomorrow.

1988

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, March 12, 1982
Thirty-second Legislative Day

The Senate met pursuant to adjournment at 2:00 o'clock P.M. today and was called to order by the President.

Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1741. By Representatives Nicholson of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A bill to amend an Act relating to the Civil Court of Richmond County, so as to change provisions relative to costs and fees and deposits of costs.

HB 1805. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to change the method of filling vacancies on the board of the hospital authority of Walker, Dade, and Catoosa counties.

HB 1806. 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 provisions relating to compensation of the judge's deputies and clerks.

HB 1807. 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 provisions relating to the compensa tion of the clerk's deputies.

FRIDAY, MARCH 12, 1982

1989

HB 1808. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act creating the office to tax commissioner of Dade County, so as to change provisions relating to the compensation of the personnel employed by the tax commissioner.

HB 1809. By Representatives Snow and Hays of the 1st, and Crawford of the 5th and others:
A bill to amend an Act placing the clerk of superior court of Walker County on an annual salary, so as to change the maximum compensation of personnel of the clerk's office.

HB 1810. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act creating the office of Dade County commissioner, so as to change procedures for the sale of surplus county property; to remove a limitation upon the compensation of personnel of the commis sioner.

HB 1812. By Representatives Snow and Hays of the 1st, Crawford of the 5th and others:
A bill to create and establish a Small Claims Court of Walker County.

HB 1813. By Representative Collins of the 144th:
A bill to amend an Act creating a small claims court in each county of this state having a population of not less than 19,500 and not more than 19,700 according to the United States decennial census of 1960 or any future such census, so as to change the provisions relative to population.

HB 1815. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend Code Title 91 A, relating to public revenue and taxation, so as to change the population classifications of provisions affecting counties within this state having a population of not less than 63,000 nor more than 72,000 according to the United States decennial census of 1970 or any future such census; to amend the Official Code of Georgia Annotated accordingly.

HB 1816. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act providing compensation for specified officers in Troup County, so as to change the salary of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court.

HB 1817. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a Small Claims Court of Troup County, so as to change the salary of the judge.

1990

JOURNAL OF THE SENATE

HB 1818. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner.

HB 1819. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating the State Court of Troup County (former ly the Civil and Criminal Court of Troup County), so as to change the compensation of the judge and the solicitor.

HB 1822. By Representatives Patten of the 149th, Beck of the 148th and Reaves of the 147th:
A bill to amend an Act providing for a board of elections in certain coun ties, so as to change the population brackets from "not less than 55,110 and not more than 56,000 according to the 1970 United States Decennial Census" to "not less than 66,000 and not more than 74,000 according to the 1980 United States Decennial Census".

HB 1823. By Representatives Patten of the 149th, Beck of the 148th and Reaves of the 147th:
A bill to amend an Act changing the compensation of the coroner in cer tain counties of this state, so as to change the population brackets from "not less than 55,110 and not more than 58,000 according to the United States decennial census of 1970" to "not less than 66,000 and not more than 74,000 according to the 1980 United States decennial census".

HB 1824. By Representatives Mullinax of the 69th and Ware of the 68th: A bill to provide for a board of elections in certain counties.

HB 1826. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act creating the Small Claims Court of Bulloch Coun ty, so as to change provisions relating to the jurisdiction of the court and the compensation of the judge.

HB 1841. By Representative Birdsong of the 103rd:
A bill to amend an Act providing an annual salary for the Clerk of the Superior Court of Twiggs County in lieu of the fee system of compensa tion, so as to change the provisions relating to the compensation of the clerk; to change the provisions relating to personnel for said officer.

HB 1842. By Representative Birdsong of the 103rd:
A bill to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation of the sheriff; to change the provisions relative to personnel for said officer.

FRIDAY, MARCH 12, 1982

1991

HB 1843. By Representative Birdsong of the 103rd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, so as to change the compensation of the chairman and other members of the board.

HB 1844. By Representative Birdsong of the 103rd:
A bill to amend an Act providing an annual salary for the Tax Commis sioner of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation of the tax commis sioner; to change the provisions relative to personnel for said officer.

HB 1845. By Representative Birdsong of the 103rd:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County in lieu of the fee system of compensa tion, so as to change the provisions relative to the compensation of the judge of the probate court; to change the provisions relative to personnel for said officer.

HB 1848. By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the City of Climax, so as to change the terms of office of the mayor and council; to provide for the election of said officials; to establish a recorder's court.

HB 1850. By Representative Branch of the 137th:
A bill to amend an Act creating the Fitzgerald and Ben Hill County Development Authority, so as to change the provisions relating to the powers of the Authority.

HB 1396. By Representative Daugherty of the 33rd:
A bill to amend an Act establishing a municipal court of the City of Atlan ta, so as to revise certain costs and service fees charged by the clerk and marshal of said court.

HB 1501. By Representatives Fuller of the 27th and Couch of the 43rd:
A bill to completely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton County Personnel Administration.

HB 1737. By Representative Hawkins of the 50th:
A bill to amend an Act creating a new charter for the City of Atlanta, so as to exclude certain property from the corporate limits of the city.

1992

JOURNAL OF THE SENATE

HB 1836. By Representative Couch of the 43rd: A bill to provide a new charter for the City of Union City.

HB 1851. By Representatives Karrh of the 106th and Miles of the 107th:
A bill to amend an Act known as the "Emanuel County Develppment Authority Act," so as to change the limitation on the amount of interest which may be paid by said authority.

HB 1852. By Representatives Fortune and Mostiler of the 71st:
A bill to amend an Act creating a small claims court for Spalding County, so as to change the jurisdiction of said court; to change the compensation of the judge of said court from a fee system to an annual salary.

HB 1853. By Representative Vaughn of the 57th:
A bill to amend an Act providing for a Public Defender for Rockdale County, so as to change the compensation of the public defender.

HB 1854. By Representatives Auten of the 154th and Tuten of the 153rd:
A bill to amend an Act creating a Board of Commissioners of Glynn County, so as to change the number, composition, and method of elec tion of members of the board of commissioners.

HB 1855. By Representatives Crawford of the 5th and Hays and Snow of the 1st:
A bill to fix the compensation of the county commissioner of counties having a population of not less than 12,300 and not more than 12,400; to amend the Official Code of Georgia Annotated accordingly.

HB 1856. By Representative Jackson of the 75th:
A bill to amend an Act creating the Small Claims Court of Walton Coun ty, so as to require said court to make a contribution from the fees col lected to the board of trustees of the Walton County Law Library.

HB 1857. By Representatives Collins of the 144th and Mann of the 13th:
A bill to provide for the compensation of the chairman and members of the county board of education in all counties of this state having a population of not less than 20,900 nor more than 21,200 according to the United States decennial census of 1980 or any future such census.

FRIDAY, MARCH 12, 1982

1993

HB 1869. By Representatives Connell of the 87th, Swann of the 90th, Nicholson of the 88th and others:
A bill to amend an Act creating the Augusta Redevelopment Authority, so as to direct and authorize the chairman of the authority to contract with the Augusta Downtown Development Authority for the transfer of all assets and liabilities of the redevelopment authority to the downtown development authority.

HB 1870. By Representatives Aaron of the 56th, Richardson of the 52nd, Childs of the 51st and others:
A bill to amend an Act creating and establishing the Recorder's Court of DeKalb County, so as to delete the requirement that deputy clerks shall be citizens and taxpayers of DeKalb County.

HB 1871. By Representative Sizemore of the 136th:
A bill to amend an Act creating a new charter for the City of Poulan, so as to change the corporate limits of the city.

HB 1780. By Representatives Reaves of the 147th, Long of the 142nd and Hasty of the 8th:
A bill to amend an Act requiring the use of certain equipment on irriga tion systems in this state, so as to change the type of equipment required to be used; to amend the Official Code of Georgia Annotated accordingly.

HB 1736. By Representative Hanner of the 130th:
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 "prison guard"; to amend the Official Code of Georgia Annotated accordingly.

HB 1340. By Representative Johnson of the 72nd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change the provisions relative to the determination of certain rates of interest; to amend the Official Code of Georgia Annotated accordingly.

HB 1825. By Representative Bray of the 70th:
A bill to amend certain laws of this state based upon classifications of population providing for boards of elections or boards of registration and elections, so as to change the provisions relative to population and cen sus.

1994

JOURNAL OF THE SENATE

HB 1730. By Representative Vaughn of the 57th:
A bill to amend Code Section 44-7-51 of the Official Code of Georgia An notated, relating to the issuance of summons, service, time for answer, and defenses and counterclaims, so as to provide that the defendant may be served by posting a copy of the summons and affidavit on the door of the premises and, on the same day of such postings, by enclosing, direct ing, stamping, and mailing by first class mail a copy of the summons and the affidavit to the defendant at his last known address.

HB 1693. By Representative Thomas of the 66th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia An notated, relating to securities, so as to empower the Commissioner of Securities to create by rule a limited offering transactional exemption.

HB 1755. By Representative Lambert of the 112th:
A bill to amend Code Section 46-8-232 of the Official Code of Georgia An notated, relating to the appointment of special officers for the protection of railroad property, so as to change the requirements relative thereto.

HB 1495. By Representatives Coleman of the 118th and Veazey of the 146th:
A bill to amend an Act providing for the regulation of certain dealers in precious metals or gems, so as to change certain definitions; to provide for the administration of such Act by the appropriate law enforcement officer; to change the provisions relating to the registration of dealers in precious metals or gems; to amend the Official Code of Georgia An notated accordingly.

HB 1719. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia An notated, relating to the number of judges of superior courts for each judicial circuit, so as to accurately reflect the number of superior courts for the Cordele Judicial Circuit and the Rome Judicial Circuit.

HB 1749. By Representatives Scott of the 123rd, Dent of the 85th, Nicholson of the 88th 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 change the population requirements relating to such sales in counties having a population of not less than 170,000 and not more than 195,000 according to the United States decennial census of 1970 or any future such census; to amend the Official Code of Georgia Annotated accordingly.

FRIDAY, MARCH 12, 1982

1995

HB 1742. By Representative Vandiford of the 53rd:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia An notated, relating to the imposition, rate, and computation of income tax, so as to provide for certain tax credits.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 672. By Representative Smith of the 42nd:
A resolution proposing an amendment to the Constitution so as to pro vide an increase in the maximum income qualification for homestead ex emptions from the city ad valorem taxation for resident homeowners in the City of Union City who are 65 years of age or older.

HR 741. By Representative Adams of the 36th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create the Hapeville Development Authority.

HR 758. By Representative Collins of the 144th:
A resolution proposing an amendment to the Constitution so as to impose a one percent sales and use tax in Mitchell County for the support of public school systems; to provide for the manner of imposition and col lection.

HR 777. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A resolution proposing an amendment to the Constitution to authorize Lowndes County to issue and sell street improvement bonds.

HR 583. By Representatives Byrd and Moody of the 138th: A resolution designating the Dr. McKee Hargrett Bridge.

HR 791. By Representative Richardson of the 52nd:
A resolution honoring the late Mr. Charles Bates Methvin and designating the Charles Bates Methvin Unit.

HR 794. By Representatives Collins of the 144th, Castleberry of the lllth and Marcus of the 26th:
A resolution commending the Honorable Al Holloway.

1996

JOURNAL OF THE SENATE

HR 795. By Representatives Collins of the 144th, Castleberry of the lllth and Marcus of the 26th:
A resolution commending the Honorable Lex Strickland.

HR 800. By Representatives Collins of the 144th, Castleberry of the lllth and Marcus of the 26th:
A resolution commending the Honorable George L. O'Kelley, Jr.

HR 804. By Representatives Collins of the 144th, Castleberry of the lllth and Marcus of the 26th:
A resolution commending the Honorable Loyce Turner.

HR 805. By Representatives Collins of the 144th, Castleberry of the lllth and Marcus of the 26th:
A resolution commending the Honorable John Riley.

HR 806. By Representatives Collins of the 144th, Castleberry of the lllth and Marcus of the 26th:
A resolution commending the Honorable Tom Faircloth.

HR 807. By Representatives Collins of the 144th, Castleberry of the lllth and Marcus of the 26th:
A resolution commending Mrs. Constance Hunter.

HR 808. By Representatives Collins of the 144th, Castleberry of the lllth and Marcus of the 26th:
A resolution commending the Honorable Gil Harbin.

HR 809. By Representatives Collins of the 144th, Castleberry of the lllth and Marcus of the 26th:
A resolution commending the Honorable Horace Tate.

HR 810. By Representatives Collins of the 144th, Castleberry of the lllth and Marcus of the 26th:
A resolution commending the Honorable Hugh Gillis.

The House has adopted the following resolutions of the Senate:

SR 347. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Marcus Collins.

FRIDAY, MARCH 12, 1982

1997

SR 348. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Al Burruss.

SR 349. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Bobby Carrell.

SR 350. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Charles Hatcher.

SR 351. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Sidney Marcus.

SR 352. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable George Williamson.

SR 353. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Clark Stevens.

SR 354. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable William J. Breeding.

SR 355. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Charles Kent.

SR 356. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Charles McDaniel.

SR 357. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th: A resolution commending the Honorable Curtis H. Cadenhead, Jr.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 686. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to amend an Act creating a system of public schools for the City of Marietta, as amended, so as to change the time at which members of the board of education are appointed.

1998

JOURNAL OF THE SENATE

SB 687. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to amend an Act reincorporating the City of Marietta in Cobb County and creating a new charter for said city, as amended, so as to change the date for holding certain elections; to change the time at which the mayor protem is appointed; to change the time at which one member of the board of lights and waterworks is appointed; to provide for judges of the municipal court and a solicitor of the city court.

The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

HB 638. By Representatives Fuller of the 16th, Adams of the 14th and Childers of the 15th:
A bill to amend the "Children and Youth Act," so as to change the defini tion relating to family day-care homes.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1739. By Representative Chamberlin of the 73rd:
A bill to amend an Act creating a Small Claims Court in and for Henry County, so as to provide for the election of the judge of the court.

HB 1636. By Representative Evans of the 84th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide new and different pro cedures for the forfeiture of appearance bonds.

HB 1715. By Representatives Davis of the 124th, Vaughn of the 57th, Bishop of the 94th and others:
A bill to waive sovereign immunity to any action arising out of or in con nection with any written contract now existing or hereafter entered into by the state, departments and agencies of the state, and state authorities; to provide for venue and service with respect to any such actions; to amend the Official Code of Georgia Annotated accordingly.

HB 1631. By Representative Bray of the 70th:
A bill to amend Code Section 24-2704, relating to vacancies in the office of clerk of the superior court, so as to provide that certain provisions relating to vacancies shall not apply to other county officers; to amend the Official Code of Georgia Annotated accordingly.

FRIDAY, MARCH 12, 1982

1999

HB 1546. By Representatives Triplet! of the 128th and McDonald of the 12th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia An notated, relating to the Geo. L. Smith II Georgia World Congress Center, so as to provide for the re-creation, powers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority; to provide for the management of the Geo. L. Smith II Georgia World Congress Center Authority by a board of governors.

HB 1435. By Representatives Parham of the 109th and Baugh of the 108th:
A bill to amend Code Title 79A, relating to the manufacture, production, distribution, and use of drugs, medicines, poisons, so as to amend the list of dangerous drugs; to amend the exemptions from the list of dangerous drugs; to amend the Official Code of Georgia Annotated accordingly.

HB 1783. By Representatives Snow of the 1st, Karrh of the 106th, Tuten of the 153rd and others:
A bill to amend Code Chapter 90-2, relating to reports of the Supreme Court and the Court of Appeals, so as to delete certain requirements that the state publisher of court reports publish or maintain certain prior volumes of the reports of the Supreme Court of Georgia and reports of the Court of Appeals of Georgia; to amend the Official Code of Georgia Annotated accordingly.

HB 1724. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Section 15-9-30 of the Official Code of Georgia An notated, relating to jurisdiction of probate courts, so as to more fully enumerate the powers and duties of probate courts.

HB 1695. By Representative Swann of the 90th:
A bill to amend an Act known as the "Georgia Public Assistance Act of 1965," so as to provide that the commissioner of the Department of Human Resources may delegate responsibility for establishing rules and regulations for certain public assistance programs to the director of the Division of Family and Children Services; to amend the Official Code of Georgia Annotated accordingly.

HB 1293. By Representatives Snow of the 1st and Chambless of the 131st:
A bill to amend an Act fixing the salaries of judges of the superior courts, so as to change certain provisions relating to the compensation of secretaries for superior court judges; to amend the Official Code of Georgia Annotated accordingly.

2000

JOURNAL OF THE SENATE

HB 1342. By Representatives Cummings of the 17th, Childs of the 51st, Williams of the 6th and others:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that credit may be received under the Teachers' Retirement System for service rendered in schools operated by the Bureau of Indian Affairs of the United States Department of Interior; to amend the Official Code of Georgia Annotated accordingly.

HB 1464. By Representatives Mullinax of the 69th, Wood of the 72nd, Mostiler of the 71st and others:
A bill to amend Code Title 114, relating to workers' compensation, so as to change the provisions relating to income benefits for total disability; to change the provisions relating to income benefits for permanent partial disability; to amend the Official Code of Georgia Annotated accordingly.
HB 1469. By Representatives Snow of the 1st, Williams of the 48th, Davis of the 45th and others:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia An notated, relating to divorce, so as to provide that no final judgment and decree of divorce shall be effective until all issues in the case have been adjudicated.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 710. By Representatives Childs of the 51st, Irvin of the 10th, Dover of the llth and others: A resolution authorizing the conveyance of certain state owned property located in DeKalb County, Georgia.
HR 658. By Representatives Jones of the 78th and Ham of the 80th: A resolution authorizing and empowering the State Properties Commis sion, for and on behalf of and in the name of the State of Georgia, to con vey certain state-owned real property located in Butts County, Georgia, to the board of commissioners of Butts County.

FRIDAY, MARCH 12, 1982

2001

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 774. By Senator Walker of the 19th:
A bill to reincorporate the City of Helena, Georgia, and to grant a new charter to the said City; to repeal and replace the Charter of Helena granted by an Act approved, as amended; to provide for corporate powers; to provide for ordinances; to provide for the construction of this Act; to provide for corporate limits; to provide for a city council to be composed of a mayor and six councilmen.
Referred to Committee on County and Urban Affairs.

SB 775. By Senator Walker of the 19th:
A bill to amend an Act providing for the election of members of the Telfair County Board of Education from education districts, so as to change the terms of office of certain current members. Referred to Committee on County and Urban Affairs.

SB 776. By Senator Foster of the 50th:
A bill to amend an Act creating the Office of Commissioner of Lumpkin County, as amended, so as to change the compensation of the commis sioner; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 777. By Senator Foster of the 50th:
A bill to amend an Act placing the Tax Commissioner of Lumpkin Coun ty upon an annual salary, as amended, so as to change the compensation of the tax commissioner; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 778. By Senator Foster of the 50th:
A bill to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the Sheriff; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 779. By Senator Foster of the 50th:
A bill to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Lumpkin County upon an annual salary, as amended, so as to change the compensation of the clerk of the superior court and the judge of the probate court; to provide an effective date.
Referred to Committee on County and Urban Affairs.

2002

JOURNAL OF THE SENATE

SR 364. By Senators Tysinger of the 41st, Ballard of the 45th, Stephens of the 36th and others:
A resolution urging the use of the Georgia Railroad Freight Depot as a state museum. Referred to Committee on Industry, Labor and Tourism.

SR 365. By Senator Foster of the 50th:
A resolution creating the Standards for Private Schools Study Committee. Referred to Committee on Rules.

SR 366. By Senator Lester of the 23rd:
A resolution creating the Senate County and Municipal Insurance Premium Tax Study Committee. Referred to Committee on Rules.

The following bills of the House were read the first time and referred to com mittees:

HB 1340. By Representative Johnson of the 72nd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change the provisions relative to the determination of certain rates of interest; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Retirement.

HB 1495. By Representatives Coleman of the 118th and Veazey of the 146th:
A bill to amend an Act providing for the regulation of certain dealers in precious metals or gems, ao as to change certain definitions; to provide for the administration of such Act by the appropriate law enforcement officer; to change the provisions relating to the registration of dealers in precious metals or gems; to amend the Official Code of Georgia An notated accordingly.
Referred to Committee on Industry, Labor and Tourism.

HB 1693. By Representative Thomas of the 66th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia An notated, relating to securities, so as to empower the Commissioner of Securities to create by rule a limited offering transactional exemption. Referred to Committee on Banking, Finance and Insurance.

FRIDAY, MARCH 12, 1982

2003

HB 1719. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Karrh of the 106th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia An notated, relating to the number of judges of superior courts for each judicial circuit, so as to accurately reflect the number of superior courts for the Cordele Judicial Circuit and the Rome Judicial Circuit.
Referred to Committee on Judiciary.

HB 1730. By Representative Vaughn of the 57th:
A bill to amend Code Section 44-7-51 of the Official Code of Georgia An notated, relating to the issuance of summons, service, time for answer, and defenses and counterclaims, so as to provide that the defendant may be served by posting a copy of the summons and affidavit on the door of the premises and, on the same day of such postings, by enclosing, direct ing, stamping, and mailing by first class mail a copy of the summons and the affidavit to the defendant at his last known address.
Referred to Committee on Judiciary.

HB 1736. By Representative Hanner of the 130th:
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 "prison guard"; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Offender Rehabilitation.

HB 1742. By Representative Vandiford of the 53rd:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia An notated, relating to the imposition, rate, and computation of income tax, so as to provide for certain tax credits.

Senator Hudson of the 35th moved that HB 1742 be engrossed.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1742 was engrossed.

Referred to Committee on Banking, Finance and Insurance.

2004

JOURNAL OF THE SENATE

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1749. By Representatives Scott of the 123rd, Dent of the 85th, Nicholson of the 88th 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 change the population requirements relating to such sales in counties having a population of not less than 170,000 and not more than 195,000 according to the United States decennial census of 1970 or any future such census; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs.

HB 1755. By Representative Lambert of the 112th:
A bill to amend Code Section 46-8-232 of the Official Code of Georgia An notated, relating to the appointment of special officers for the protection of railroad property, so as to change the requirements relative thereto. Referred to Committee on Public Safety.

HB 1780. By Representatives Reaves of the 147th, Long of the 142nd and Hasty of the 8th:
A bill to amend an Act requiring the use of certain equipment on irriga tion systems in this state, so as to change the type of equipment required to be used; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Agriculture.
HB 1741. By Representatives Nicholson of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A bill to amend an Act relating to the Civil Court of Richmond County, so as to change provisions relative to costs and fees and deposits of costs. Referred to Committee on County and Urban Affairs.

HB 1805. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to change the method of filling vacancies on the board of the hospital authority of Walker, Dade and Catoosa counties. Referred to Committee on County and Urban Affairs.

HB 1825. By Representative Bray of the 70th:
A bill to amend certain laws of this state based upon classification of population providing for boards of elections or boards of registration and elections, so as to change the provisions relating to population and cen sus.
Referred to Committee on Governmental Operations.

FRIDAY, MARCH 12, 1982

2005

HB 1806. 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 provisions relating to compensation of the judge's deputies and clerks. Referred to Committee on County and Urban Affairs.

HB 1807. 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 provisions relating to the compensa tion of the clerk's deputies. Referred to Committee on County and Urban Affairs.

HB 1808. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act creating the office of tax commissioner of Dade County, so as to change provisions relating to the compensation of the personnel employed by the tax commissioner. Referred to Commitee on County and Urban Affairs.

HB 1809. By Representatives Snow and Hays of the 1st, Crawford of the 5th and others:
A bill to amend an Act placing the clerk of superior court of Walker County on an annual salary, so as to change the maximum compensation of personnel of the clerk's office.
Referred to Committee on County and Urban Affairs.

HB 1810. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act creating the office of Dade County Commissioner, so as to change procedures for the sale of surplus county property; to remove a limitation upon the compensation of personnel of the commis sioner.
Referred to Committee on County and Urban Affairs.

HB 1812. By Representatives Snow and Hays of the 1st, Crawford of the 5th and others:
A bill to create and establish a Small Claims Court of Walker County. Referred to Committee on County and Urban Affairs.

HB 1813. By Representative Collins of the 144th:
A bill to amend an Act creating a small claims court in each county of this state having a population of not less than 19,500 and not more than 19,700 according to the United States decennial census of 1960 or any future such census, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

2006

JOURNAL OF THE SENATE

HB 1815. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend Code Title 91 A, relating to public revenue and taxation, so as to change the population classifications of provisions affecting counties within this state having a population of not less than 63,000 nor more than 72,000 according to the United States decennial census of 1970 or any future such census; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs.

HB 1816. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act providing compensation for specified officers in Troup County, so as to change the salary of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court. Referred to Committee on County and Urban Affairs.

HB 1817. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a Small Claims Court of Troup County, so as to change the salary of the judge. Referred to Committee on County and Urban Affairs.

HB 1818. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner. Referred to Committee on County and Urban Affairs.

HB 1819. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating the State Court of Troup County (former ly the Civil and Criminal Court of Troup County), so as to change the compensation of the judge and the solicitor. Referred to Committee on County and Urban Affairs.

HB 1822. By Representatives Patten of the 149th, Beck of the 148th and Reaves of the 147th:
A bill to amend an Act providing for a board of elections in certain coun ties so as to change the population brackets from "not less than 55,110 and not more than 56,000 according to the 1970 United States Decennial Census" to "not less than 66,000 and not more than 74,000 according to the 1980 United States Decennial Census".
Referred to Committee on County and Urban Affairs.

FRIDAY, MARCH 12, 1982
HB 1824. By Representatives Mullinax of the 69th and Ware of the 68th: A bill to provide for a board of elections in certain counties.
Referred to Committee on County and Urban Affairs.

2007

HB 1826. By Representatives Godbee of the 82nd and Lane of the 81st:
A bill to amend an Act creating the Small Claims Court of Bulloch Coun ty, so as to change provisions relating to the jurisdiction of the court and the compensation of the judge. Referred to Committee on County and Urban Affairs.

HB 1841. By Representative Birdsong of the 103rd:
A bill to amend an Act providing an annual salary for the Clerk of the Superior Court of Twiggs County in lieu of the fee system of compensa tion, so as to change the provisions relating to the compensation of the clerk; to change the provisions relating to personnel for said officer.
Referred to Committee on County and Urban Affairs.

HB 1842. By Representative Birdsong of the 103rd:
A bill to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation of the sheriff; to change the provisions relative to personnel for said officer.
Referred to Committee on County and Urban Affairs.

HB 1843. By Representative Birdsong of the 103rd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, so as to change the compensation of the chairman and other members of the board. Referred to Committee on County and Urban Affairs.

HB 1844. By Representative Birdsong of the 103rd:
A bill to amend an Act providing an annual salary for the Tax Commis sioner of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation of the tax commis sioner; to change the provisions relative to personnel for said officer.
Referred to Committee on County and Urban Affairs.

HB 1845. By Representative Birdsong of the 103rd:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County in lieu of the fee system of compensa tion, so as to change the provisions relative to the compensation of the judge of the probate court; to change the provisions relative to personnel for said officer.
Referred to Committee on County and Urban Affairs.

2008

JOURNAL OF THE SENATE

HB 1848. By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the City of Climax, so as to change the terms of office of the mayor and council; to provide for the election of said officials; to establish a recorder's court. Referred to Committee on County and Urban Affairs.

HB 1850. By Representative Branch of the 137th:
A bill to amend an Act creating the Fitzgerald and Ben Hill County Development Authority, so as to change the provisions relating to the powers of the Authority. Referred to Committee on County and Urban Affairs.

HB 1851. By Representatives Karrh of the 106th and Miles of the 107th:
A bill to amend an Act known as the "Emanuel County Development Authority Act", so as to change the limitation on the amount of interest which may be paid by said authority. Referred to Committee on County and Urban Affairs.

HB 1852. By Representatives Fortune and Mostiler of the 71st:
A bill to amend an Act creating a small claims court for Spalding County, so as to change the jurisdiction of said court; to change the compensation of the judge of said court from a fee system to an annual salary. Referred to Committee on County and Urban Affairs.

HB 1853. By Representative Vaughn of the 57th:
A bill to amend an Act providing for a Public Defender for Rockdale County, so as to change the compensation of the public defender. Referred to Committee on County and Urban Affairs.

HB 1854. By Representatives Auten of the 154th and Tuten of the 153rd:
A bill to amend an Act creating a Board of Commissioners of Glynn County, so as to change the number, composition and method of election of members of the board of commissioners. Referred to Committee on County and Urban Affairs.

HB 1855. By Representatives Crawford of the 5th and Hays and Snow of the 1st:
A bill to fix the compensation of the county commissioner of counties having a population of not less than 12,300 and not more than 12,400; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on County and Urban Affairs.

FRIDAY, MARCH 12, 1982

2009

HB 1856. By Representative Jackson of the 75th:
A bill to amend an Act creating the Small Claims Court of Walton Coun ty, so as to require said court to make a contribution from the fees col lected to the board of trustees of the Walton County Law Library. Referred to Committee on County and Urban Affairs.

HB 1857. By Representatives Collins of the 144th and Mann of the 13th:
A bill to provide for the compensation of the chairman and members of the county board of education in all counties of this state having a population of not less than 20,900 nor more than 21,200 according to the United States decennial census of 1980 or any future such census.
Referred to Committee on County and Urban Affairs.

HB 1869. By Representatives Connell of the 87th, Swann of the 90th, Nicholson of the 88th and others:
A bill to amend an Act creating the Augusta Redevelopment Authority, so as to direct and authorize the chairman of the authority to contract with the Augusta Downtown Development Authority for the transfer of all assets and liabilities of the redevelopment authority to the downtown development authority.
Referred to Committee on County and Urban Affairs.

HB 1870. By Representatives Aaron of the 56th, Richardson of the 52nd, Childs of the 51 st and others:
A bill to amend an Act creating and establishing the Recorder's Court of DeKalb County, so as to delete the requirement that deputy clerks shall be citizens and taxpayers of DeKalb County.
Referred to Committee on County and Urban Affairs.

HB 1871. By Representative Sizemore of the 136th:
A bill to amend an Act creating a new charter for the City of Poulan, so as to change the corporate limits of the city. Referred to Committee on County and Urban Affairs.

HB 1396. By Representative Daugherty of the 33rd:
A bill to amend an Act establishing a municipal court of the City of Atlan ta, so as to revise certain costs and service fees charged by the clerk and marshal of said court. Referred to Committee on County and Urban Affairs.

2012

JOURNAL OF THE SENATE

HB 1469. By Representatives Snow of the 1st, Williams of the 48th, Davis of the 45th and others:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia An notated, relating to divorce, so as to provide that no final judgment and decree of divorce shall be effective until all issues in the case have been adjudicated.
Referred to Committee on Judiciary.

HB 1546. By Representatives Triplett of the 128th and McDonald of the 12th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia An notated, relating to the Geo. L. Smith II Georgia World Congress Center, so as to provide for the re-creation, powers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority; to provide for the management of the Geo. L. Smith II Georgia World Congress Center Authority by a board of governors. Referred to Committee on Industry, Labor and Tourism.
HB 1631. By Representative Bray of the 70th:
A bill to amend Code Section 24-2704, relating to vacancies in the office of clerk of the superior court, so as to provide that certain provisions relating to vacancies shall not apply to other county officers; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Governmental Operations.
HB 1636. By Representative Evans of the 84th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide new and different pro cedures for the forfeiture of appearance bonds. Referred to Committee on Judiciary.
HB 1695. By Representative Swann of the 90th:
A bill to amend an Act known as the "Georgia Public Assistance Act of 1965," so as to provide that the commissioner of the Department of Human Resources may delegate responsibility for establishing rules and regulations for certain public assistance programs to the director of the Division of Family and Children Services; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Human Resources.

FRIDAY, MARCH 12, 1982

2013

HB 1715. By Representatives Davis of the 124th, Vaughn of the 57th, Bishop of the 94th and others:
A bill to waive sovereign immunity to any action arising out of or in con nection with any written contract now existing or hereafter entered into by the state, departments and agencies of the state, and state authorities; to provide for venue and service with respect to any such actions; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1724. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and Evans of the 84th:
A bill to amend Code Section 15-9-30 of the Official Code of Georgia An notated, relating to jurisdiction of probate courts, so as to more fully enumerate the powers and duties of probate courts.
Referred to Committee on Judiciary.

HB 1783. By Representatives Snow of the 1st, Karrh of the 106th, Tuten of the 153rd and others:
A bill to amend Code Chapter 90-2, relating to reports of the Supreme Court and the Court of Appeals, so as to delete certain requirements that the state publisher of court reports publish or maintain certain prior volumes of the reports of the Supreme Court of Georgia and reports of the Court of Appeals of Georgia; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1739. By Representative Chamberlin of the 73rd:
A bill to amend an Act creating a Small Claims Court in and for Henry County, so as to provide for the election of the judge of the court. Referred to Committee on County and Urban Affairs.

HR 658. By Representatives Jones of the 78th and Ham of the 80th:
A resolution authorizing and empowering the State Properties Commis sion, for and on behalf of and in the name of the State of Georgia, to con vey certain state-owned real property located in Butts County, Georgia, to the board of commissioners of Butts County.
Referred to Committee on Public Utilities.

HR 710. By Representatives Childs of the 51st, Irvin of the 10th, Dover of the llth and others:
A resolution authorizing the conveyance of certain state-owned property located in DeKalb County, Georgia. Referred to Committee on Public Utilities.

2014

JOURNAL OF THE SENATE

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Appropriations 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 782. Do pass. HB 1236. Do pass by substitute. HB 1291. Do pass.

Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President:

The 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 769. Do pass. SB 770. Do pass. SB 771. Do pass. SB 773. Do pass. HB 1488. Do pass. HB 1589. Do pass. HB 1748. Do pass. HB 1758. Do pass. HB 1759. Do pass. HB 1760. Do pass. HR 716. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

FRIDAY, MARCH 12, 1982

2015

Mr. President:

The 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 634. Do pass by substitute.
HB 1563. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Education has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 344. Do pass.

Respectfully submitted, Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 772. Do pass.
HB 1102. Do pass as amended.
HB 1474. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

2016 Mr. President:

JOURNAL OF THE SENATE

The Committee on Industry, Labor & 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 774. Do pass by substitute.

Respectfully submitted, Senator Ballard of the 45th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1210. Do pass by substitute. HB 1348. Do pass. HB 1407. Do pass. HB 1408. Do pass by substitute. HB 1467. Do pass by substitute.

Respectively submitted, Senator Barnes of the 33rd District, Chairman

Mr. President:

The Committee on Public Safety 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 1491. Do pass as amended.

Respectfully submitted, Senator Timmons of the 11th District, Chairman

FRIDAY, MARCH 12, 1982

2017

The following communication from Senator Wessels of the 2nd was read by the Secretary:
The State Senate Atlanta
March 12, 1982

Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia
Dear Mr. Secretary:
This letter will serve to appoint the Honorable Bill Littlefield, Senator from the 6th and Vice Chairman of the Special Judiciary Committee, to preside at any committee meeting held on this date, March 12, 1982, for the purpose of considering the following bills:
HB94 HB106 HB371 HB375 HB530 HB628
HB717 HB813 HB 1327 HB 1634 HB 1706
Sincerely,
1st Charles Wessels Chairman Senate Special Judiciary

2018

JOURNAL OF THE SENATE

The following report of a standing committee was read by the Secretary:

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 106. Do not pass.
HB 1634. Do pass.
HB 1706. Do pass.

Respectfully submitted, Senator Littlefield of the 6th District, Vice Chairman

The following bills and resolutions of the Senate and House were read the sec ond time:

SR 336. By Senator Thompson of the 32nd: A resolution creating the Alcohol Abuse Study Committee.

SR 341. By Senators Fincher of the 52nd and Dean of the 31st: A resolution urging Congress to support efforts to have issued a stamp honoring Martha Berry in The Great American Series.
SR 359. By Senators Eldridge of the 7th, Barker of the 18th, Dean of the 31st and others: A resolution urging members of the congressional budget committees to reject any reorganization of the railroad retirement system provided for in the 1983 federal budget.
HB 780. By Representative Marcus of the 26th: A bill to amend Code Title 88, the Georgia Health Code, so as to com prehensively revise the laws relating to vital records.

HB 1048. By Representative Fuller of the 16th:
A bill to amend an Act providing for retained amounts on certain water and sewer contracts or escrow accounts in lieu of such retained amounts so as to require the insertion of clauses relating to the escrow account alternative in specifications of certain contracts.

FRIDAY, MARCH 12, 1982

2019

HB 1189. By Representative Phillips of the 125th:
A bill to amend an Act regulating the practice of professional sanitarians, so as to provide for the licensure as registered professional sanitarians of certain persons who do not meet the requirements for licensure under certain conditions; to amend the Official Code of Georgia Annotated ac cordingly.

HB 1274. By Representative Jones of the 126th:
A bill to amend Code Chapter 88, relating to public health, so as to change the provisions relating to examinations in emergency receiving facilities; to amend the Official Code of Georgia Annotated accordingly.

HB 1368. By Representatives Shepard of the 67th, Parham of the 109th, and Baugh of the 108th:
A bill to amend an Act providing for the control and operation of clinical laboratories, so as to change the qualifications of one member of the committee; to amend the Official Code of Georgia Annotated according-

HB 1401. By Representatives Mann, Milford and Clark of the 13th and others:
A bill to create the Upper Savannah River Development Authority and to authorize such authority to acquire, construct, equip, maintain, and operate on public property boat docks; piers; boat ramps; cabins; recrea tional centers and areas.
HB 1525. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to eliminate the requirement that superior court clerks report to the Department of Natural Resources the disposition of game and fish prosecutions.
HB 1534. By Representative Marcus of the 26th:
A bill to amend the "Children and Youth Act," so as to provide for analyses of goals to reduce the number of certain children in foster care; to amend the Official Code of Georgia Annotated accordingly.
HB 1601. By Representative Rainey of the 135th:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia An notated, relating to the registration, operation, and sale of watercraft, so as to specify appropriate boating safety zones consistent with public safe ty at certain dams.

2020

JOURNAL OF THE SENATE

HR 715. By Representatives Ham of the 80th, Lee of the 72nd and Walker of the 115th:
A resolution creating the Joint Committee on Farm Winery Laws.

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 746. By Senator Ballard of the 45th:
A bill to amend an Act creating the Alcovy Judicial Circuit, as amended, so as to change the salary and expenses of the official court reporter of said circuit.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 751. 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; to provide for the ap pointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of such small claims court; to pro vide for severability; 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 752. By Senator Bryant of the 3rd:
A bill to provide for the election of members of the Board of Commis sioners of Bryan County; to provide for commissioner districts and posts; to provide for initial and regular terms of office; to provide for filling vacancies; to provide for practices and procedures; to provide for other matters relative to the foregoing; to provide for a referendum.

FRIDAY, MARCH 12, 1982

2021

The report 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 753. By Senator Bryant of the 3rd:
A bill to provide for the appointment of the Superintendent of Schools of Bryan County by the Board of Education of Bryan County; to provide for a referendum.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 755. By Senator Foster of the 50th:
A bill to provide for the appointment of the superintendent of schools of Lumpkin County by the Board of Education of Lumpkin County; to pro vide for a referendum and other conditions for the effectiveness of this Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 756. By Senator Foster of the 50th:
A bill to provide for the election of the members of the Board of Educa tion of Lumpkin County; to provide for other matters relative to the foregoing; to provide for a referendum.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

2022

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 760. By Senator Bryant of the 3rd:
A bill to abolish the office of Treasurer of Bryan County; to provide that the Board of Commissioners of Bryan County shall appoint depositories for county funds; to provide for the clerk of the board of commissioners to exercise certain duties; to provide for a referendum.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1503. By Representative Dixon of the 151st:
A bill to repeal an Act entitled "An Act to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Waycross Public Facilities 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 1504. By Representative Dixon of the 151st:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Charlton 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.

FRIDAY, MARCH 12, 1982

2023

The President called for the morning roll call, and the following Senators answered to their names:

Allgood
Barker Barnes Bell Bond Bowen Brannon
Broun of 46th Brown of 47th Bryant
Cobb 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
McKenzie Reynolds Robinson Scott Starr Stephens
Stumbaugh Summers Sutton
Tate Thompson Timmons Trulock Turner Tysinger
Walker

Those not answering were Senators:

Ballard Brantley

Evans Fincher of 52nd

Wessels (excused)

Senator Thompson of the 32nd introduced the chaplain of the day, Dr. Mark L. Bramblett, pastor of King Spring Baptist Church, Smyrna, Georgia, who offered scripture reading and prayer.
SENATE RULES CALENDAR Friday, March 12,1982
THIRTY-SECOND LEGISLATIVE DAY
SB 712. Certain Senatorial Districts--change composition (SUBSTITUTE) (Reappor--35th)
HB 1426. Certain Representative Districts--change composition (AMENDMENT) (Reappor-35th)
SB 730. Auctioneer's License--no examination certain persons (Gov Op-- 53rd)
SB 739. Public Revenue Code--redefine "Internal Revenue Code" (BF&I-- 40th)
SB 489. Motor Vehicle License Plates--provisions if county decal not affixed (Trns--43rd)
SB 750. Certain Domestic Wineries--may sell directly to retail dealers (C Aff-27th)

2024

JOURNAL OF THE SENATE

HB 251. Stone Mountain Memorial Association--sale of malt beverages, wine (C Aff--39th)
SB 728. Residential Finance Authority--membership (AMENDMENT) (S Judy-6th)
SB 638. Extraordinary Life Sustaining Procedures--authorize discontinuance certain persons (S Judy--26th)
SB 758. School Bus Transportation for Elderly--school systems continue (Ed-17th)
SR 340. Sovereign Immunity of State and its Departments--provide (Judy-- 44th)
SB 764. Land Ceded to or Acquired by the United States--granting of concurrent j urisdiction (Judy--40th)
SB 714. Correctional Services Division--create (S Judy-- 17th)
SB 761. Children and Youth Act--determining when violator should be apprehended (Hum R--15th)
SB 749. Appeals from Verdict of Coroners'Juries--provide (Judy--49th)
SB 574. Certain Sex Crime--change provisions on authority of judge to sus pend sentences (S Judy--43rd)
SB 515. State Park Camping Fees--50 percent discount for 65 year olds (SUBSTITUTE) (NREQ-16th)
SR 275. Federal Judges--urge stand for reelection every 8 years (SUBSTITUTE) (SJudy-53rd)
SR 243. Constitutional Amendments--people have power to enact, reject (Gov Op-27th)
SB 715. Stone Mountain Memorial Association--investing funds in specified obligations (App--55th)
SB 763. Courts of Limited Jurisdiction--compensation of judges (Judy-- 33rd)
SB 733. Senate Committee for Regulatory Reform--create (Gov Op--27th)
SB 747. Career Consulting Firms--regulation (C Aff-- 17th)
SB 762. MARTA--provide for legislative intent (Trns--35th)
SB 735. Livestock Dealer Licensees--amount of bond (Ag--24th)
SR 331. Georgia Museum of Art at University of Georgia--designate as State Museum of Art of State of Georgia (H Ed-46th)
HB 1584. Hearings Conducted by Telephone--consent of all parties (Judy-- 42nd)
SB 736. Selling Certain Flashing Lights--certain information to law en forcement agencies (Pub Saf--51st)
Respectfully submitted,
/s/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

FRIDAY, MARCH 12, 1982

2025

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 712. By Senator Hudson of the 35th:
A bill to amend Code Section 47-102, relating to state senatorial districts, as amended, so as to change the composition of certain senatorial districts; to provide a definition; to provide for all related matters; to pro vide for the incorporation of the provisions of this Act into the Official Code of Georgia Annotated; to provide an effective date.

The Senate Committee on Reapportionment offered the following substitute to SB 712:

A BILL
To be entitled an Act to amend Code Section 47-102, relating to state senatorial districts, as amended, particularly by an Act approved September 10, 1981 (Ga. L. 1981, Ex. Sess., p. 103), so as to change the composition of certain senatorial districts; to provide a definition; to pro vide for all related matters; to provide for the incorporation of the provi sions of this Act into the Official Code of Georgia Annotated; 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 47-102, relating to state senatorial districts, as amended, particularly by an Act approved September 10, 1981 (Ga. L. 1981, Ex. Sess., p. 103), is amended by striking from subsection (a) of said Code section the descriptions of Senate Districts 5, 9, 22, 23, 42, 43, 48, 51, 54, and 55 and inserting in lieu thereof, respectively, the following:
"District No. 5
DeKalb Tract 216.01 Tract 216.02 Block Group 1 Blocks 202 through 209 Tracts 217.01, 217.02, 218.02 through 218.04, and 219.01 through 219.03 Tract 220.01 Block Group 1 Blocks 408, 410 through 417, and 431 Tract 220.02 Tract 223.02 Block Groups 1 and 2

2026

JOURNAL OF THE SENATE
District No. 9
Gwinnett Tracts 503.01 through 503.03, 504.01 through 504.05, 507.01, and 507.02 Tract 507.03 Blocks 204 through 214 Tract 507.04
District No. 22
Richmond Tract 1 Block Groups 1 through 4 Blocks 501 through 513 and 517 Tracts 2 through 4 and 6 through 15 Tract 16 Block Group 1 Blocks 205 through 211,213 through 215, and 217 Those parts of Blocks 225 through 228, 230, 231, and 233 inside the City of Augusta Block Group 6 Blocks 907 through 909 That part of Block 910 inside the City of Augusta Blocks 91 land 912 Tract 101.01 Tract 101.02 Block Groups 1 and 9 Tract 101.03 Blocks 429 through 437 Block Group 9 Tracts 103 and 104 Tract 105.04 Blocks 137 through 149 Tract 105.05 Tract 105.07 Block 227 Block Groups 3 through 5 Tract 106
District No. 23
Columbia Tract 305 Block Groups 4 and 5
Richmond Tract 1 Blocks 515, 518 through 521, and 525 Tract 16 Blocks 221 through 223

FRIDAY, MARCH 12, 1982
Those parts of Blocks 225 through 228 outside the City of Augusta
Block 229 Those parts of Blocks 230 and 231
outside the City of Augusta Block 232 That part of Block 233 outside the
City of Augusta Block 235 Block Groups 3 through 5 That part of Block 910 outside the
City of Augusta Tract 101.02
Block Groups 3 and 4 Tract 101.03
Blocks 405 through 409,411 through 419, 426 through 428, and 439 through 444
Block Group 5 Tracts 102.01 and 102.02 Tract 105.04
Blocks 101 through 107, 110 through 112,114 through 116,118,119, 121, and 125 through 127
Block Group 9 Tract 105.06 Tract 105.07
Blocks 207 through 209, 211 through 221, and 228
Tracts 105.08, 105.09, 105.10, 105.11, 107.01, 107.02, 108, 109.01, and 109.02
District No. 42
DeKalb Tracts 201 through 207 Tract 208 Block Groups 6 and 7 Tracts 209 and 215 Tract 216.02 Blocks 211 through 213, 215, and 216 Tract 216.03 Tract 220.01 Blocks 401 through 407 and 418 through 421 Tracts 220.03, 221, 222, and 223.01 Tract 223.02 Block Group 3 Tracts 224.01 through 224.03,225, and 226 Tract 237 Blocks 104 through 109 Block Groups 2 through 5

2027

2028

JOURNAL OF THE SENATE
District No. 43
DeKalb Tract 231.01 Blocks 205 through 207 Block Groups 3 and 4 Blocks 503 through 506, 508, 521, 525, and 536 Tract 231.03 Blocks 103 and 114 Block Group 2 Blocks 511, 512, 515, and 516 Tracts 234.03 through 234.06 Tract 234.07 Blocks 212, 213, 219 through 228, and 230 Block Groups 4 and 5 Tracts 235.01 through 235.03, 236, and 238.01 through 238.03
District No. 48
Barrow Gwinnett
Tracts 501, 502.01, 502.02, 505.01 through 505.05, and 506
Tract 507.03 Block Group 1 Blocks 201 through 203 Block Groups 3 through 8
Tract 507.05
District No. 51
Cherokee Tracts 901 through 904 and 906
Fannin Gilmer Gordon Pickens Whitfield
Tract 9905 That part of Block 321 within the Dalton Census County Division
Tract 9907 Blocks 101 through 105 That part of Block 106 outside the City of Dalton Blocks 126 through 130 and 201 Those parts of Blocks 202 and 203 outside the City of Dalton
Tract 9910 Blocks 101 through 124 That part of Block 125 outside the City of Dalton Blocks 126 through 133

FRIDAY, MARCH 12, 1982
Those parts of Blocks 213, 242, 244, and 245 outside the City of Dalton
Blocks 301 through 303 That part of Block 304 outside the City of
Dalton Blocks 305 through 318 Block Groups 4 and 5 Blocks 601 through 608, 610, 612, and 614
through 618 That part of Block 619 outside the City of
Dalton Blocks 620 through 628 Those parts of Blocks 703 through 705 outside
the City of Dalton Tract 9911
Block Groups 2 through 4
District No. 54
Catoosa Tracts 301 through 305 Tract 306 Blocks 101 through 107, 113 through 117, 119, 120, 122 through 128, and 138 Those parts of Blocks 164, 166, 167, 222, and 223 outside the City of Fort Oglethorpe Blocks 228, 229, 232, 242, 244, 245, 251, 301 through 303, 305 through 307, 310 through 312, 315, 316, and 320 through 327 That part of Block 338 outside the City of Fort Oglethorpe Blocks 339, 340, 342, and 343 Block Group 4 Tract 307 Those parts of Blocks 120, 140, and 154 outside the City of Fort Oglethorpe Block 155 That part of Block 156 outside the City of Fort Oglethorpe Blocks 157 and 158 Those parts of Blocks 159 and 161 outside the City of Fort Oglethorpe Blocks 165 and 166 That part of Block 201 ouside the City of Fort Oglethorpe Blocks 248 and 252 Those parts of Blocks 262, 264, and 271 outside the City of Fort Oglethorpe Blocks 272 through 274 Those parts of Blocks 277, 297, and 319 outside the City of Fort Oglethorpe Block Group 4
Murray Whitfield
Tracts 9901 through 9904

2029

2030

JOURNAL OF THE SENATE
Tract 9905 Block Group 1 and 2 Blocks 301 through 320 That part of Block 321 within the Westside Census County Division Block 322
Tract 9906 Tract 9907
That part of Block 106 within the City of Dalton Blocks 107 through 125 and 131 through 144 Those parts of Blocks 202 and 203 within the
City of Dalton Blocks 204 through 207 and 209 through 215 Block Group 3 Tracts 9908 and 9909 Tract 9910 That part of Block 125 within the City of Dalton Blocks 138, 139, and 201 through 212 That part of Block 213 within the City of Dalton Blocks 214 through 241 That part of Block 242 within the City of Dalton Block 243 Those parts of Blocks 244 and 245 within the
City of Dalton Blocks 247 through 250 Those parts of Blocks 304 and 619 within the
City of Dalton Blocks 701 and 702 Those parts of Blocks 703 through 705 within
the City of Dalton Blocks 706 and 707 Block Group 8 Tract 9911 Block Group 1
District No. 55
DeKalb Tract 208 Block Groups 1 through 5 Tracts 227 through 230 Tract 231.01 Block Group 1 Blocks 204, 208, 509, 511, 513 through 520, 522 through 524, and 535 Tract 231.02 Tract 231.03 Blocks 101, 105 through 109, 112, 115 through 122, and 303 through 324 Block Group 4 Blocks 501 through 504, 506 through 510, and 514 Tracts 231.04, 232.01 through 232.03, and 233.01 through 233.04 Tract 234.07 Block Group 1

FRIDAY, MARCH 12, 1982

2031

Blocks201 through211, 214, 216 through218, and 229
Block Group 3 Tract 237
Blocks 101 through 103"
Section 2. Said Code section is further amended by striking paragraph (1) of subsection (d) thereof in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The terms 'Census County Division/ 'Tract,' 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia."
Section 3. The provisions of this Act and of Code Section 47-102, as amended by this Act, shall be incorporated into the Official Code of Georgia Annotated as provided in Section 2 of the Act approved September 10,1981 (Ga. L. 1981, Ex. Sess., p. 103).
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 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 Brannon
Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean
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
Stephens Summers Thompson Timmons Turner Tysinger Walker

2032

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Eldridge Evans

Sutton

Trulock

Those not voting were Senators:

Brantley Coverdell

Stumbaugh Tate

Wessels (excused)

On the passage of the bill, the yeas were 47, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1426. By Representative Ham of the 80th:
A bill to amend Code Chapter 47-1, relating to the General Assembly, so as to change the composition of certain state representative districts; to provide for incorporation of the provisions of this Act into the Official Code of Georgia Annotated.
Senate Sponsor: Senator Hudson of the 35th.
The Senate Committee on Reapportionment offered the following amendment:
Amend HB 1426 by striking from line 15 of Page 1 the following:
"77,",
and inserting in lieu thereof the following:
"77,81,".
By striking the description of District No. 77 and inserting new descriptions of Districts No. 77 and 81 to read as follows:
" 'DistrictNo. 77--1 Representative Coweta Tract 9906 That part of Block 512 within GMD 693 Tract 9907 Those parts of Block 122 within GMD's 693 and 1139 Those parts of Blocks 123 and 146 within GMD 1139 Those parts of Blocks 201 through 203 within GMD 693 Blocks 204 and 205

FRIDAY, MARCH 12, 1982

2033

That part of Block 206 within
GMD 693 Blocks 207 through 220 Those parts of Block 221 within
GMD's 693 and 1139 Blocks 222 through 231 Block Group 3 Those parts of Blocks 408 through 410
within GMD 1139 Block 411 That part of Block 427 within
GMD 1139 Block 428 That part of Block 429 within
GMD 1139 Heard Troup
Tract 9901 Tract 9902
Block Group 1 Blocks 201 through 233 Those parts of Blocks 234 through
236 outside the City of LaGrange Blocks 237 and 238 Those parts of Blocks 239 and 240
outside the City of LaGrange Block 241 Tract 9903 Blocks 101 through 111 and 114
through 117 Those parts of Blocks 118 and
119 outside the City of LaGrange Block 120 Those parts of Blocks 135 and 136
outside the City of LaGrange Blocks 159 and 160 That part of Block 201 outside
the City of LaGrange
Those parts of Blocks 305 and 308 outside the City of LaGrange
Blocks 309 through 331 Block Group 4 Tract 9904 Those parts of Blocks 101 through
103 within the City of Mountville Blocks 104 through 110 Those parts of Blocks 112 and 113
outside the City of LaGrange Blocks 114 through 120 Those parts of Blocks 201 and 202
outside the City of LaGrange Block 203 That part of Block 204 outside
the City of LaGrange Those parts of Blocks 304 through
307 outside the City of LaGrange

2034

JOURNAL OF THE SENATE
Tract 9906 Blocks 101 through 145 That part of Block 146 outside the City of LaGrange Block 147 Those parts of Blocks 148 and 150 outside the City of LaGrange Block 201 That part of Block 202 outside the City of LaGrange Blocks 203, 204, 206 through 213, and 224 through 230 Block Group 3
Tract 9908 Blocks 101 through 108, 112 through 127, 144 through 153, 155, 156, 164, and 201 through 203 Those parts of Blocks 204 and 205 within the City of West Point Block Groups 3 through 5' "
'District No. 81--1 Representative Troup Tract 9902 Those parts of Blocks 234 through 236, 239, and 240 within the City of LaGrange Block Groups 3 and 4 Tract 9903 Those parts of Blocks 118 and 119 within the City of LaGrange Blocks 121 through 134 Those parts of Blocks 135 and 136 within the City of LaGrange Blocks 137 through 149 That part of Block 201 inside the City of LaGrange Blocks 202 through 250 Blocks 301 through 303 Those parts of Blocks 305 and 308 within the City of LaGrange Tract 9904 Those parts of Blocks 101 through 103 outside the City of Mountville Blocks 121 through 135 Those parts of Blocks 201, 202, and 204 within the City of LaGrange Blocks 205 and 207 through 252 Blocks 301 through 303 Those parts of Blocks 304 through 307 inside the City of LaGrange Blocks 308 through 332 Tract 9905

FRIDAY, MARCH 12, 1982

2035

Tract 9906 Those parts of Blocks 146 and 148 within the City of LaGrange Block 149 That part of Block 150 within the City of LaGrange That part of Block 202 within the City of LaGrange Blocks 231 through 242 Block Groups 4 and 5
Tract 9907 Tract 9908
Blocks 109 through 111 and 128 through 143
Those parts of Blocks 204 and 205 outside the City of West Point
Blocks 206 through 218' "

On the adoption of the amendment, the yeas were 45, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill 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 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

Those not voting were Senators:

Brantley

Tate

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker
Wessels (excused)

2036

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 as amended.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1223. By Representatives Miles of the 107th, Cheeks of the 89th, Colbert of the 23rd and Sherrod of the 143rd:
A bill to amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, so as to continue the Board of Chiropractic Examiners and the laws relating thereto but to provide for the later termination of the board and such laws; to amend the Official Code of Georgia An notated accordingly.

Senator Greene of the 26th moved that the Senate adhere to the Senate substitute, and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1223.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Greene of the 26th, Robinson of the 27th and Kidd of the 25th.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 730. By Senator Summers of the 53rd:
A bill to amend Code Section 84-311 A, relating to the qualifications for auctioneers and apprentice auctioneers, so as to authorize the issuance of an auctioneer's license to certain persons without the necessity for taking an examination; to amend the Official Code of Georgia Annotated ac cordingly; to provide effective dates.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 12, 1982

2037

On the passage of the bill, 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 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land

Lester McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Brantley Holloway (presiding) Hudson

Littlefield Timmons

Tysinger Wessels (excused)

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1412. By Representative Pinkston of the 100th:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan."

2038

JOURNAL OF THE SENATE

HB 1671. By Representatives Townsend of the 24th, Fuller of the 27th, Couch of the 43rd and others:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia An notated, relating to general provisions pertaining to municipal corpora tions, so as to authorize the municipal authorities in certain municipal corporations to close municipal streets under certain conditions.

HB 1683. By Representative Peters of the 2nd:
A bill providing for the fiscal administration of the office of Sheriff of Catoosa County, so as to change the provisions relative to the fiscal ad ministration of the office of sheriff.

HB 1796. By Representative Miles of the 107th:
A bill to amend an Act incorporating the City of Twin City in Emanuel County, so as to change the provisions relative to the amount of fines which may be imposed for violations of city ordinances; to change the provisions relating to the compensation of the commissioners, mayor pro tempore, and mayor.

HB 1802. By Representative Darden of the 19th:
A bill to amend an Act entitled "An Act to amend an Act creating the State Court of Cobb County (formerly the Civil and Criminal Court of Cobb County), so as to create an office of magistrate; and for other pur poses." , so as to increase the number of magistrates.

HB 1858. By Representatives Anderson, Harris and Hasty of the 8th:
A bill to amend an Act placing the sheriff, clerk of the superior court, tax commissioner, and judge of the Probate Court of Cherokee County on the salary system in lieu of fees, so as to change the compensation of the clerk of the superior court, judge of the probate court, and tax commis sioner of Cherokee County.

HB 1859. By Representatives Ware of the 68th and Johnson and Thomas of the 66th:
A bill to create and establish a Small Claims Court of Heard County.

HB 1860. By Representative Reaves of the 147th:
A bill to amend an Act providing for the disposition and application of in solvent costs from fines and forfeitures arising from motor vehicle traffic cases in the probate courts of all counties having a population of not less than 13,700 and not more than 13,900 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

FRIDAY, MARCH 12, 1982

2039

HB 1862. By Representative Reaves of the 147th:
A bill to provide for the compensation of coroners in all counties of this state having a population of not less than 15,200 nor more than 15,400 according to the United States decennial census of 1980 or any future such census.

HB 1863. By Representative Reaves of the 147th:
A bill to amend an Act providing for the compensation of the county clerk in all counties of this state having a population of 2,000 or less ac cording to the United States decennial census or any future such census, so as to change the provisions relative to population.

HB 1864. By Representatives Harris, Hasty and Anderson of the 8th and others:
A bill to provide that the members of the Bartow County Board of Educa tion shall be compensated as provided by the general laws of the State of Georgia.

HB 1865. By Representatives Harris, Hasty and Anderson of the 8th and others:
A bill to provide that the Superintendent of Schools of the Bartow County School District shall be elected by the Board of Education of Bartow County.

HB 1866. By Representatives Harris, Hasty and Anderson of the 8th and others:
A bill to provide that the members of the Board of Education of Bartow County shall serve for a term of four years.

HB 1867. By Representatives Harris, Hasty and Anderson of the 8th:
A bill to amend an Act incorporating the City of Emerson, so as to pro vide for filling vacancies in the office of aldermen.

HB 1868. By Representatives Harris, Hasty and Anderson of the 8th:
A bill to amend an Act incorporating the City of Emerson, so as to change the terms of office of the mayor and aldermen.

HB 1872. By Representatives Godbee of the 82nd and Bargeron of the 83rd:
A bill to amend an Act providing for a board of elections in each county in the state having a population of not less than 18,200 nor more than 18,300 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

2040

JOURNAL OF THE SENATE

HB 1874. By Representative Jessup of the 117th:
A bill to amend an Act authorizing the Pulaski County-Hawkinsville Development Authority to exercise certain powers, so as to change the membership of the Authority.

HB 1875. By Representative Chance of the 129th:
A bill to amend an Act creating a new charter for the Town of Guyton, so as to remove a certain geographical area from the territorial limits of the Town of Guyton.

HB 1876. By Representative Dobbs of the 74th:
A bill to repeal an Act changing the time of filing of homestead exemp tion applications in counties having a population of not less than 34,000 or more than 34,500; to amend the Official Code of Georgia Annotated accordingly.

HB 1877. By Representative Dobbs of the 74th:
A bill to repeal an Act fixing the compensation of members of boards of education in counties having a population of not less than 34,000 and not more than 34,500; to amend the Official Code of Georgia Annotated ac cordingly.

HB 1878. By Representative Ross of the 76th:
A bill to amend an Act abolishing the offices of tax collector and tax receiver in Warren County, and creating the office of tax commissioner of Warren County, so as to change the provisions relating to the compen sation of assistants and clerks.

HB 1879. By Representatives Cummings of the 17th and Montgomery of the 16th:
A bill to amend an Act creating a Board of Commissioners of Polk Coun ty, so as to change the salary of the Chairman and each of the other members of the Board of Commissioners of Polk County.

HB 1881. By Representatives Jones of the 78th and Adams of the 79th:
A bill to amend an Act creating and establishing a Small Claims Court in Pike County, so as to change the provisions relating to costs and fees.

HB 1882. By Representatives Adams of the 79th and Jones of the 78th:
A bill to amend an Act abolishing the present mode of compensating the Sheriff of Pike County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation provisions relating to the sheriff; to provide increases in salary.

FRIDAY, MARCH 12, 1982

2041

HB 1883. By Representatives Adams of the 79th and Jones of the 78th:
A bill to amend an Act abolishing the present mode of compensating the Judge of the Probate Court of Pike County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensa tion provisions relating to the judge of the probate court; to provide for increases in compensation.

HB 1884. By Representatives Adams of the 79th and Jones of the 78th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County so as to change the compensation provisions relating to the tax commissioner; to provide for increases in compensation.

HB 1885. By Representative Adams of the 79th:
A bill to amend an Act consolidating and combining the board of tax assessors of the City of Thomaston and the County of Upson, so as to change the term of the members of the joint board of tax assessors.

HB 1886. By Representatives Adams of the 79th and Jones of the 78th:
A bill to amend an Act abolishing the present mode of compensating the clerk of the Superior Court of Pike County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensa tion provisions relating to the clerk of the superior court; to provide for increases in compensation.

HB 1890. 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 1891. By Representatives Thompson, Darden and Wilson of the 19th and others:
A bill to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the tax commis sioner.

HB 1893. By Representatives Hays and Snow of the 1st:
A bill to fix the compensation of the county commissioner of counties having a population of not less than 56,400 and not more than 60,000; to amend the Official Code of Georgia Annotated accordingly.

2042

JOURNAL OF THE SENATE

HB 1894. By Representatives Phillips of the 125th, Davis of the 124th, Ginsberg of the 122nd and others:
A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia An notated, relating to county law libraries, so as to provide that the recorder's court of any county of this state having a population of not less than 200,000 onor more than 275,000 according to the United States decennial census of 1980 or any future such census shall collect the addi tional costs for the county law library.

HB 1896. By Representative Kemp of the 139th:
A bill to amend Code Section 5A-2901, relating to authorization of sales of distilled spirits by the drink, so as to change certain population brackets affecting counties having a population of not less than 14,486 and not more than 14,540 according to the United States decennial cen sus of 1960 or any future such census; to amend the Official Code of Georgia Annotated accordingly.

HB 1897. By Representative Murphy of the 18th:
A bill to amend an Act placing the sheriff and the ordinary (now probate judge) of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Haralson County.

HB 1898. By Representatives Randall of the 101st, Home of the 104th, Lucas of the 102nd and others:
A bill to amend an Act creating a new charter for the City of Macon in the County of Bibb, so as to extend and increase the corporate limits of the City of Macon.

HB 1899. By Representatives Davis of the 45th, Mangum of the 56th and Williams of the 48th:
A bill to amend an Act providing for the organization, jurisdiction, venue, practice and procedure of state courts, so as to provide for the terms of the state court of each county of this state having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly.

HB 1901. By Representatives Smith and Moore of the 152nd:
A bill to provide that in each county of this state having a population of not less than 9,365 and not more than 9,385 according to the United States decennial census of 1980 or any future such census, the board of county commissioners shall be composed of five members.

FRIDAY, MARCH 12, 1982

2043

HB 1902. By Representative Dixon of the 151st:
A bill to authorize the governing authority of the City of Waycross to con vey certain park property to the Ware County Hospital Authority.

HB 1903. By Representatives McCollum of the 134th, Hutchinson of the 133rd and Chambless of the 131st:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide an optional procedure for quarterly billing in counties having a population of not less than 100,000 and not more than 150,000.

HB 1904. By Representatives Ham of the 80th and Sizemore of the 136th:
A bill to amend an Act providing an annual salary for the sheriff of each county having a population of not less than 14,000 nor more than 15,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 740. By Representative Connell of the 87th:
A resolution proposing an amendment to the Constitution so as to ex empt from City of Augusta ad valorem taxes certain capital im provements of commercial and business establishments.

HR 779. By Representative Matthews of the 145th:
A resolution proposing an amendment to the Constitution so as to authorize the use by the Colquitt County School System of the proceeds of any local sales and use tax levied within Colquitt County; to adjust the limitation on the maximum mill rate of ad valorem taxes which may be levied for the purposes of the Colquitt County School System so as to take into account the proceeds to the school system of the local sales and use tax.

HR 780. By Representatives Moody and Byrd of the 138th:
A resolution proposing an amendment to the Constitution so as to authorize a homestead exemption for residents of the City of Baxley in an amount to be fixed by the governing authority of the city at not more than $ 15,000.00 from all City of Baxley ad valorem taxes.

2044

JOURNAL OF THE SENATE

HR 787. By Representative Jackson of the 75th:
A resolution proposing an amendment to the Constitution so as to pro vide that the Board of Commissioners of Walton County shall have the right and power to assess and collect license fees and taxes from all per sons, firms, and corporations doing business in the unincorporated area of Walton County.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1887. By Representatives Moody and Byrd of the 138th:
A bill to amend an Act creating the Board of Commissioners of Wayne County, so as to change the provisions relative to the election of members of the board.

HB 1888. By Representatives Moody and Byrd of the 138th:
A bill to amend an Act providing a new charter for the City of Baxley, so as to comprehensively revise, restate, modernize, and codify the charter of the City of Baxley.

HB 1889. By Representatives Mann and Milford of the 13th:
A bill to amend an Act creating a small claims court for Elbert County, so as to change the jurisdictional amount of the court and the amount of cer tain fees charged for proceedings in the court.

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 701. By Representative Couch of the 43rd:
A resolution proposing an amendment to the Constitution so as to in crease the amount of the homestead exemption from city ad valorem tax ation to resident homeowners in the City of College Park, who are under the age of 65 to the amount of $6,000.00 and to increase the homestead exemption from city ad valorem taxation to resident homeowners in the City of College Park who are totally disabled or 65 years of age or older to the amount of $8,000.00.
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 652. 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 provisions relating to the compensation of the tax commissioner; to change the provisions relating to the personnel of the office of tax commissioner.

FRIDAY, MARCH 12, 1982

2045

SB 653. 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 provisions relating to the compensation of the clerk and the clerk's personnel.

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:

SR 266. By Senators Dean of the 31st and Brantley of the 56th:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of the Paulding County School District who is 65 years of age or over, regardless of income, shall be ex empt from ad valorem taxation for educational purposes levied by or on behalf of the Paulding County School Districts, including ad valorem tax ation to pay interest on or to retire school bond indebtedness.

SR 292. By Senators Horton of the 17th and Cobb of the 28th:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption of $20,000.00 from all Henry County School District ad valorem taxes for each resident of the Henry County School District who is 62 years of age or over or who is disabled if his income from all sources does not exceed $ 12,000.00.

SR 293. By Senators Horton of the 17th and Cobb of the 28th:
A resolution proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for persons of Henry County; to provide for submission of this amendment for ratifica tion or rejection.

SR 294. By Senators Horton of the 17th and Cobb of the 28th:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption of $6,000.00 from Henry County ad valorem taxes for each resident of Henry County who is 65 years of age or over or who is disabled if his net income does not exceed $6,000.00.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 638. By Representatives Fuller of the 16th, Adams of the 14th and Childers of the 15th:
A bill to amend the "Children and Youth Act'', so as to change the defini tion relating to family day-care homes.

2046

JOURNAL OF THE SENATE

The House amendment was as follows:
Amend the Senate substitute to HB 638 by changing the word "shall" on line 16, Page 3, to "may" and by changing the word "shall" on Page 7, line 4 to "may".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to the Senate substitute to HB 638.

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 Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greehe Hill Horton Howard Hudgins Kennedy Kidd Lester Littlefield

McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative were Senators Evans and Land.

Those not voting were Senators:

Brannon Brantley

Holloway (presiding) Hudson

Reynolds Wessels (excused)

On the motion, the yeas 48, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 638.

Senator Coleman of the 1st introduced the doctor of the day, Dr. Joseph Morrison, of Savannah, Georgia.

FRIDAY, MARCH 12, 1982

2047

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 739. By Senator Coverdell of the 40th:
A bill to amend Code Section 91A-102, relating to definitions under the "Georgia Public Revenue Code", so as to change the provisions relating to the definition of the term "Internal Revenue Code"; to amend the Of ficial Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal.

Senator Coverdell of the 40th offered the following substitute to SB 739:
A BILL
To be entitled an Act to amend Code Chapter 91A-1, relating to general provisions applicable to the "Georgia Public Revenue Code," so as to change the provisions relating to the definition of the term "Internal Revenue Code"; to provide that for the purposes of Georgia income tax laws certain provisions of the federal Economic Recovery Tax Act of 1981 shall not be included in the definition of "Internal Revenue Code"; to provide for regulations and other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 91A-1, relating to general provisions ap plicable to the "Georgia Public Revenue Code," is amended by striking subsection (o) of Code Section 91A-102 in its entirety and substituting in lieu thereof a new subsection (o) to read as follows:
"(o) Subject to the limitations of Code Section 91A-102.1, 'Inter nal Revenue Code' or 'Internal Revenue Code of 1954' means the United States Internal Revenue Code of 1954 as it existed on January 1, 1982. In the event a reference is made in this Title to the Internal Revenue Code as it existed on a specific date prior to January 1, 1982, the term shall mean the Internal Revenue Code as it existed on such prior date. Unless otherwise provided in this Title, any term used in this Title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954 in force and effect on January 1, 1982."
Section 2. Said Code Chapter is further amended by adding between Code Sections 91A-102 and 91A-103 a new Code Section 91A-102.1 to read as follows:
"91A-102.1. Definition of Internal Revenue Code limited, (a) For the purposes of Part IV of this Title relating to income taxes, the definition of 'Internal Revenue Code' in subsection(o) of Code Section

2048

JOURNAL OF THE SENATE

91 A-102 shall not include those provisions of the federal Economic Recovery Tax Act of 1981, Public Law 97-_______, approved August 13, 1981, which:
(1) Reduces the income tax liability of married couples filing a joint return by allowing a deduction from the lower-earning spouse's income of five percent in 1982 and ten percent thereafter (Title I, Sub title A, Section 103 of the Economic Recovery Tax Act of 1981); and
(2) Provides a substantially modified system of depreciation of property for the purposes of business capital investment known as the Accelerated Cost Recovery System (Title II, Subtitle A, of the Economic Recovery Tax Act of 1981).
(b) The Commissioner is authorized and directed to provide by regulation for the implementation of this Section and shall devise and promulgate such income tax forms and instructions to taxpayers as may be necessary for such purposes."
Part 2
Section 3. Chapter 1 of Title 48 of the Official Code of Georgia An notated, relating to general provisions applicable to the "Georgia Public Revenue Code," is amended by striking paragraph (14) of Code Section 48-1-2 in its entirety and substituting in lieu thereof a new paragraph (14) to read as follows:
"(14) Subject to the limitations of Code Section 48-1-2.1, 'Internal Revenue Code' or 'Internal Revenue Code of 1954' means the United States Internal Revenue Code of 1954 as it existed on January 1, 1982. In the event a reference is made in this title to the Internal Revenue Code as it existed on a specific date prior to January 1, 1982, the term means the Internal Revenue Code as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954 in force and effect on January 1, 1982."
Section 4. Said chapter is further amended by adding between Code Sections 48-1-2 and 48-1-3 a new Code Section 48-1-2.1 to read as follows:
"48-1-2.1. (a) For the purposes of Chapter? of this title, relating to income taxes, the definition of 'Internal Revenue Code' in paragraph (14) of Code Section 48-1-2 shall not include those provisions of the federal Economic Recovery Tax Act of 1981, Public Law 97______, approved August 13, 1981, which:
(1) Reduces the income tax liability of married couples filing a joint return by allowing a deduction from the lower-earning spouse's income of 5 percent in 1982 and 10 percent thereafter (Title I, Subtitle A, Section 103 of the Economic Recovery Tax Act of 1981); and
(2) Provides a substantially modified system of depreciation of property for the purposes of business capital investment known as the Accelerated Cost Recovery System (Title II, Subtitle A, of the Economic RecoveryTaxActofl981).

FRIDAY, MARCH 12, 1982

2049

(b) The commissioner is authorized and directed to provide by regulation for the implementation of this Code section and shall devise and promulgate such income tax forms and instructions to tax payers as may be necessary for such purposes."
Part3
Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Fincher of 52nd Fincher of 54th Foster 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 Walker

Voting in the negative was Senator Evans.

2050

JOURNAL OF THE SENATE

Those not voting were Senators:

Brantley Garner

Holloway (presiding) Hudson

Wessels (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.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 739.

SB 489. By Senator Scott of the 43rd:
A bill to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, license plates, and revalidation stickers, as amended, so as to delete the provisions allowing a vehicle to be stored at the owner's expense if a county decal is not affixed to the license plate; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond
Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb
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 Tate Thompson Timmons
Trulock Turner Tysinger Walker

FRIDAY, MARCH 12, 1982

2051

Voting in the negative were Senators Coleman and Sutton.

Those not voting were Senators:

Brantley Holloway (presiding)

Hudson

Wessels (excused)

On the passage of the bill, the yeas were 50, nays 2.
The bill, having received the requisite constitutional majority, was passed.
SB 750. By Senators Robinson of the 27th and Cobb of the 28th: A bill to amend Code Title 5A, relating to alcoholic beverages, as amend ed, so as to allow the commissioner to authorize certain domestic wineries to sell directly to retail dealers; to change the amount of wine which may be produced by such wineries selling at retail on their premises; to amend the Official Code of Georgia Annotated accordingly.
Senators Robinson of the 27th and Cobb of the 28th offered the following amendment:
Amend SB 750 by striking from lines 2,3, and 4 of Page 1 the follow ing:
"to allow the commissioner to authorize certain domestic wineries to sell directly to retail dealers;".
By striking from lines 20 and 21 of Page 1 the following: "directly to retail dealers licensed in this state or".
By striking from lines 23 and 24 of Page 2 the following: "directly to retail dealers licensed in this state or".
On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

2052

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Bowen Brannon 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 Gillis Greene Hill Horton Howard Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Hudgins

Kennedy

Thompson

Those not voting were Senators:

Barnes Brantley

Holloway (presiding) Hudson

Stephens Wessels

On the passage of the bill, the yeas were 47, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 750.
The President resumed the Chair.

FRIDAY, MARCH 12, 1982

2053

The following general bill of the House, having been read the third time on February 24 and committed to the Committee on Consumer Affairs, favorably reported by the committee and defeated on March 5, and reconsidered on March 9, 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 Sponsors: Senators Scott of the 43rd and Bond of the 39th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage 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 Bryant Cobb Coleman Coverdell Dean

Eldridge English Engram Evans Garner Gillis Greene Hill Holloway Howard Hudgins Kidd

Land Littlefield McGill McKenzie Robinson Scott Stephens Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Brown of 47th Deal Fincher of 52nd Fincher of 54th Foster

Horton Kennedy Lester Reynolds Starr

Stumbaugh Summers Sutton Thompson Trulock

Those not voting were Senators:

Brantley

Hudson

Wessels (excused)

2054

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 37, nays 16.

The bill, having received the requisite constitutional majority, was passed.

The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage.

SB 728. By Senators Wessels of the 2nd and Foster of the 50th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act", as amended, so as to change the membership of the authority; to provide for legislative intent; to create the Georgia Second ary Market Corporation; to provide that all of the corporate powers, duties, and functions of the corporation shall be exercised by a board of directors; to amend the Official Code of Georgia Annotated accordingly.

Senator Wessels of the 2nd offered the following amendment:
Amend SB 728 by inserting between the word "No" and the word ' 'two" on line 29 of Page 4 the following:
"more than".
By inserting between the word "No" and the word "two" on line 5 of Page 25 the following:
"more than".

On the adoption of the amendment, the yeas were 41, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood 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 Greene Hill Holloway Horton

FRIDAY, MARCH 12, 1982

2055

Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh

Those not voting were Senators:

Ballard Brantley
Fincher of 52nd

Hudson Summers

Sutton Tate Thompson Timmons Turner Tysinger Walker
Trulock Wessels (excused)

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 728.

SB 638. By Senator Greene of the 26th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to add a new chapter to authorize the discontinuance of extraordinary life-sustaining procedures for certain persons; to provide for a declaration of findings; to define certain terms; to provide for written living wills and the procedures connected therewith; to provide for witnesses; to provide for revocation of living wills; to provide an effective date.

Senators Greene of the 26th, Engram of the 34th and Horton of the 17th offered the following amendment:
Amend SB 638 by adding between lines 27 and 28 of Page 5 the following:
"6. If I have been diagnosed as pregnant, this living will shall have no force and effect during the course of my pregnancy.''
By adding between lines 16 and 17 of Page 6 the following:
"Declarant has signed this document in our presence as above in structed, on the date above first shown."
By striking from lines 27 and 35 of Page 6 the following:
"president",

2056

JOURNAL OF THE SENATE

and inserting in its place the following:
"chief".
By adding on line 14 of Page 9 after the following:
"knowledge,",
the following:
"the declarant patient is not pregnant and".
By striking lines 29 through 32 of Page 9 and inserting in their place the following:
"faith effort to advise the next of kin or legal guardian of the declarant patient that such physician is unwilling to effectuate the liv ing will of the declarant patient. Failure of such physician to so advise shall constitute unprofessional conduct by that physician."

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Coverdell Deal Dean Eldridge Engram Evans Fincher of 54th

Foster Garner Gillis Greene Hill Holloway Howard Hudgins Kidd

Land Littlef ield Robinson Stephens Sutton Trulock Turner Tysinger

Those voting in the negative were Senators:

Allgood Barker Barnes Bell Bond Brannon Brown of 47th Bryant Cobb

Coleman English Fincher of 52nd Horton Kennedy Lester McGill McKenzie Reynolds

Scott Starr Stumbaugh Summers Tate Thompson Timmons Walker

FRIDAY, MARCH 12, 1982

2057

Those not voting were Senators:

Bowen Brantley

Hudson

Wessels (excused)

On the passage of the bill, the yeas were 26, nays 26.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Greene of the 26th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 638.
The President stated that, as provided for in Senate Rule 99, he would set the time to entertain the motion to reconsider for 5:15 o'clock P.M. today.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1508. By Representatives Darden, Thompson and Wilson of the 19th and others: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia An notated, relating to torts in general, so as to provide immunity from civil liability for teachers and school personnel giving information of minor drug abuse to parents, health care providers, and law enforcement of ficials.
HB 1638. By Representative Lambert of the 112th: A bill to amend Code Chapter 84-40, relating to landscape architecture, so as to change the qualifications necessary to be eligible to apply for a license; to amend the Official Code of Georgia Annotated accordingly.
HB 1444. By Representatives Richardson of the 52nd and Isakson of the 20th: A bill to amend Code Section 84-2124, relating to safeguarding life, health, and property, so as to provide that all counties, municipalities, and other governing bodies of this state that issue building permits shall be required to maintain a permanent record of the permit application; to amend the Official Code of Georgia Annotated accordingly.

2058

JOURNAL OF THE SENATE

HB 1745. By Representative Pinkston of the 100th:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia An notated, relating to interest and usury, so as to override federal preemp tions in connection with mortgage financing and business and agricultural financing.

HB 1642. By Representative Mann of the 13th:
A bill to amend an Act relating to the destruction of obsolete records by the county departments of family and children services, so as to change the time of retention of such records from five years to three years; to amend the Official Code of Georgia Annotated accordingly.

HB 981. By Representatives Aaron of the 56th, Childs of the 51 st, Mangum of the 56th and others:
A bill to amend Code Section 68B-215, relating to records kept by the Department of Public Safety, so as to place a limitation on the contents of certain abstracts of drivers' operating records.

HB 1729. By Representative Vaughn of the 57th:
A bill to amend an Act known as "The Georgia Criminal Justice Act," so as to remove the prohibition against the public defender engaging in the practice of criminal law during his incumbency; to amend the Official Code of Georgia Annotated accordingly.

HB 1906. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend the "Georgia Alcoholic Beverage Code," Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alcoholic beverages for consump tion on the premises on Sundays if approved at a referendum.

HB 1814. By Representatives Davis of the 99th and Randall of the 101st:
A bill to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appeals to the appellate courts in general, so as to provide that a brief in criminal appeals may be filed if counsel files therewith his affidavit that he was appointed by the trial court and his client is indigent.

HB 1838. By Representatives Tuten of the 153rd, Culpepper of the 98th, Walker of the 115th and others:
A bill to amend Code Chapter 38-16, relating to competency of witnesses, so as to provide that a husband and wife shall each be compe tent to testify to the adultery of the other; to amend the Official Code of Georgia Annotated accordingly.

FRIDAY, MARCH 12, 1982

2059

HB 1587. By Representatives Vandiford of the 53rd, Colbert of the 23rd, Coleman of the 118th and others:
A bill to amend an Act relating to enforcement of fire safety standards and amending other previous Acts, so as to change the effective date of the Act; to change the effective date of corresponding provisions of the Official Code of Georgia Annotated.

HB 1558. By Representatives Lawson, Wood and Jackson of the 9th:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia An notated, relating to landlord and tenant, so as to change the time of per forming certain actions of parties and of the court in dispossessory and distress warrant proceedings.

HB 1776. By Representative Birdsong of the 103rd:
A bill to amend Code Section 59-105, relating to the compensation of jury commissioners, so as to change the provisions relative to such compensa tion; to amend the Official Code of Georgia Annotated accordingly.

HB 364. By Representative Coleman of the 118th:
A bill to amend Code Chapter 34-13, relating to preparation for and con duct of primaries and elections, so as to change the number of electors which a person may assist in any primary or election; to require electors to show identification upon request of poll officers.

HB 993. By Representatives Beal of the 28th, Richardson of the 52nd, Benn of the 38th and others:
A bill to amend Senate Bill 79, providing procedures for prevention of family violence, as passed during the 1981 regular session of the General Assembly, so as to authorize counseling or therapy to be included in cer tain orders or agreements.

The House has agreed to the Senate amendment to the following bill of the House:

HB 1751. By Representatives Milford, Clark and Mann of the 13th:
A bill to provide for referendum elections in Franklin County at which the voters of the Franklin County School District shall be given a choice of having the Franklin County Board of Education be composed of five persons elected thereto and appointing the superintendent of the school district, or of having the Franklin County Board of Education be compos ed of five persons elected thereto and having the superintendent of the school district be elected.

2060

JOURNAL OF THE SENATE

Ihe House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 755. By Representatives Baugh of the 108th and Parham of the 109th: A resolution designating the William Franklin Bloodworth, Jr., Bridge.

HR 782. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A resolution designating the Georgia Museum of Art at the University of Georgia as the State Museum of Art of the State of Georgia.

Senator Holloway of the 12th, President Pro Tempre, resumed the Chair.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 758. By Senators Horton of the 17th and Littlefield of the 6th:
A bill to amend Code Chapter 32-9, relating to county boards of educa tion, so as to continue the authority of local school systems to provide for the elderly; to amend the Official Code of Georgia Annotated accord ingly; to provide 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brannon
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 Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens
Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Walker

FRIDAY, MARCH 12, 1982

2061

Those not voting were Senators:

Bond Bowen Brantley

Fincher of 54th Holloway (presiding) Hudgins

Hudson Tysinger Wessels (excused)

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1412. By Representative Pinkston of the 100th: A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan."
Referred to Committee on County and Urban Affairs.
HB 1671. By Representatives Townsend of the 24th, Fuller of the 27th, Couch of the 43rd and others: A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia An notated, relating to general provisions pertaining to municipal corpora tions, so as to authorize the municipal authorities in certain municipal corporations to close municipal streets under certain conditions.
Referred to Committee on County and Urban Affairs.

HB 1683. By Representative Peters of the 2nd:
A bill providing for the fiscal administration of the office of Sheriff of Catoosa County, so as to change the provisions relative to the fiscal ad ministration of the office of sheriff. Referred to Committee on County and Urban Affairs.
HB 1796. By Representative Miles of the 107th:
A bill to amend an Act incorporating the City of Twin City in Emanuel County, so as to change the provisions relative to the amount of fines which may be imposed for violations of city ordinances; to change the provisions relating to the compensation of the commissioners, mayor pro tempore and mayor. Referred to Committee on County and Urban Affairs.

2062

JOURNAL OF THE SENATE

HB 1802. By Representative Darden of the 19th:
A bill to amend an Act entitled "An Act to amend an Act creating the State Court of Cobb County (formerly the Civil and Criminal Court of Cobb County), so as to create an office of magistrate; and for other pur poses.", so as to increase the number of magistrates.
Referred to Committee on County and Urban Affairs.

HB 1858. By Representatives Anderson, Harris and Hasty of the 8th:
A bill to amend an Act placing the sheriff, clerk of the superior court, tax commissioner and judge of the Probate Court of Cherokee County on the salary system in lieu of fees, so as to change the compensation of the clerk of the superior court, judge of the probate court and tax commis sioner of Cherokee County.
Referred to Committee on County and Urban Affairs.

HB 1859. By Representatives Ware of the 68th and Johnson and Thomas of the 66th:
A bill to create and establish a Small Claims Court of Heard County. Referred to Committee on County and Urban Affairs.

HB 1860. By Representative Reaves of the 147th:
A bill to amend an Act providing for the disposition and application of in solvent costs from fines and forfeitures arising from motor vehicle traffic cases in the probate courts of all counties having a population of not less than 13,700 and not more than 13,900 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.

HB 1862. By Representative Reaves of the 147th:
A bill to provide for the compensation of coroners in all counties of this state having a population of not less than 15,200 nor more than 15,400 according to the United States decennial census of 1980 or any future such census.
Referred to Committee on County and Urban Affairs.

HB 1863. By Representative Reaves of 147th:
A bill to amend an Act providing for the compensation of the county clerk in all counties of this state having a population of 2,000 or less ac cording to the United States decennial census or any future such census, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

FRIDAY, MARCH 12, 1982

2063

HB 1864. By Representatives Harris, Hasty and Anderson of the 8th and others:
A bill to provide that the members of the Bartow County Board of Educa tion shall be compensated as provided by the general laws of the State of Georgia. Referred to Committee on County and Urban Affairs.

HB 1865. By Representatives Harris, Hasty and Anderson of the 8th and others:
A bill to provide that the Superintendent of Schools of the Bartow County School District shall be elected by the Board of Education of Bartow County. Referred to Committee on County and Urban Affairs.

HB 1866. By Representatives Harris, Hasty and Anderson of the 8th and others:
A bill to provide that the members of the Board of Education of Bartow County shall serve for a term of four years. Referred to Committee on County and Urban Affairs.

HB 1867. By Representatives Harris, Hasty and Anderson of the 8th:
A bill to amend an Act incorporating the City of Emerson, so as to pro vide for filling vacancies in the office of aldermen. Referred to Committee on County and Urban Affairs.

HB 1868. By Representatives Harris, Hasty and Anderson of the 8th:
A bill to amend an Act incorporating the City of Emerson, so as to change the terms of office of the mayor and aldermen. Referred to Committee on County and Urban Affairs.

HB 1872. By Representatives Godbee of the 82nd and Bargeron of the 83rd:
A bill to amend an Act providing for a board of elections in each county in the state having a population of not less than 18,200 nor more than 18,300 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.

HB 1874. ByRepresentativeJessupof the 117th:
A bill to amend an Act authorizing the Pulaski County-Hawkinsville Development Authority to exercise certain powers, so as to change the membership of the Authority.
Referred to Committee on County and Urban Affairs.

2064

JOURNAL OF THE SENATE

HB 1875. By Representative Chance of the 129th:
A bill to amend an Act creating a new charter for the Town of Guyton, so as to remove a certain geographical area from the territorial limits of the Town of Guyton. Referred to Committee on County and Urban Affairs.

HB 1876. By Representative Dobbs of the 74th:
A bill to repeal an Act changing the time of filing of homestead exemp tion applications in counties having a population of not less than 34,000 or more than 34,500; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs.

HB 1877. By Representative Dobbs of the 74th:
A bill to repeal an Act fixing the compensation of members of boards of education in counties having a population of not less than 34,000 and not more than 34,500; to amend the Official Code of Georgia Annotated ac cordingly.
Referred to Committee on County and Urban Affairs.

HB 1878. By Representative Ross of the 76th:
A bill to amend an Act abolishing the offices of tax collector and tax receiver in Warren County, and creating the office of tax commissioner of Warren County, so as to change the provisions relating to the compen sation of assistants and clerks.
Referred to Committee on County and Urban Affairs.

HB 1879. By Representatives Cummings of the 17th and Montgomery of the 16th:
A bill to amend an Act creating a Board of Commissioners of Polk Coun ty, so as to change the salary of the Chairman and each of the other members of the Board of Commissioners of Polk County.
Referred to Committee on County and Urban Affairs.

HB 1881. By Representatives Jones of the 78th and Adams of the 79th:
A bill to amend an Act creating and establishing a Small Claims Court in Pike County, so as to change the provisions relating to costs and fees. Referred to Committee on County and Urban Affairs.

HB 1882. By Representatives Adams of the 79th and Jones of the 78th:
A bill to amend an Act abolishing the present mode of compensating the Sheriff of Pike County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation provisions relating to the sheriff; to provide increases in salary.
Referred to Committee on County and Urban Affairs.

FRIDAY, MARCH 12, 1982

2065

HB 1883. By Representatives Adams of the 79th and Jones of the 78th:
A bill to amend an Act abolishing the present mode of compensating the Judge of the Probate Court of Pike County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensa tion provisions relating to the judge of the probate court; to provide for increases in compensation.
Referred to Committee on County and Urban Affairs.

HB 1884. By Representatives Adams of the 79th and Jones of the 78th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County so as to change the compensation provisions relating to the tax commissioner; to provide for increases in compensation.
Referred to Committee on County and Urban Affairs.

HB 1885. By Representative Adams of the 79th:
A bill to amend an Act consolidating and combining the board of tax assessors of the City of Thomaston and the County of Upson, so as to change the term of the members of the joint board of tax assessors.
Referred to Committee on County and Urban Affairs.

HB 1886. By Representatives Adams of the 79th and Jones of the 78th:
A bill to amend an Act abolishing the present mode of compensating the clerk of the Superior Court of Pike County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensa tion provisions relating to the clerk of the superior court; to provide for increases in compensation.
Referred to Committee on County and Urban Affairs.

HB 1890. 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 1891. By Representatives Thompson, Darden and Wilson of the 19th and others:
A bill to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the tax commis sioner.
Referred to Committee on County and Urban Affairs.

2066

JOURNAL OF THE SENATE

HB 1893. By Representatives Hays and Snow of the 1st:
A bill to fix the compensation of the county commissioner of counties having a population of not less than 56,400 and not more than 60,000; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs.

HB 1894. By Representatives Phillips of the 125th, Davis of the 124th, Ginsberg of the 122nd and others:
A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia An notated, relating to county law libraries, so as to provide that the recorder's court of any county of this state having a population of not less than 200,000 nor more than 275,000 according to the United States decennial census of 1980 or any future such census shall collect the addi tional costs for the county law library.
Referred to Committee on County and Urban Affairs.

HB 1896. By Representative Kemp of the 139th:
A bill to amend Code Section 5A-2901, relating to authorization of sales of distilled spirits by the drink, so as to change certain population brackets affecting counties having a population of not less than 14,486 and not more than 14,540 according to the United States decennial cen sus of 1960 or any future such census; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs.

HB 1897. By Representative Murphy of the 18th:
A bill to amend an Act placing the sheriff and the ordinary (now probate judge) of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Haralson County.
Referred to Committee on County and Urban Affairs.

HB 1898. By Representatives Randall of the 101st, Home of the 104th, Lucas of the 102nd and others:
A bill to amend an Act creating a new charter for the City of Macon in the County of Bibb, so as to extend and increase the corporate limits of the City of Macon.
Referred to Committee on County and Urban Affairs.

HB 1887. By Representatives Moody and Byrd of the 138th:
A bill to amend an Act creating the Board of Commissioners of Wayne County, so as to change the provisions relative to the election of members of the Board. Referred to Committee on County and Urban Affairs.

FRIDAY, MARCH 12, 1982

2067

HB 1888. By Representatives Moody and Byrd of the 138th:
A bill to amend an Act providing a new charter for the City of Baxley, so as to comprehensively revise, restate, modernize and codify the charter of the City of Baxley. Referred to Committee on County and Urban Affairs.

HB 1889. By Representatives Mann and Milford of the 13th:
A bill to amend an Act creating a small claims court for Elbert County, so as to change the jurisdictional amount of the court and the amount of cer tain fees charged for proceedings in the court. Referred to Committee on County and Urban Affairs.

HR 701. By Representative Couch of the 43rd:
A resolution proposing an amendment to the Constitution so as to in crease the amount of the homestead exemption from city ad valorem tax ation to resident homeowners in the City of College Park, who are under the age of 65 to the amount of $6,000.00 and to increase the homestead exemption from city ad valorem taxation to resident homeowners in the City of College Park who are totally disabled or 65 years of age or older to the amount of $8,000.00.
Referred to Committee on County and Urban Affairs.

HR 740. By Representative Connell of the 87th:
A resolution proposing an amendment to the Constitution so as to ex empt from City of Augusta ad valorem taxes certain capital im provements of commercial and business establishments.
Referred to Committee on County and Urban Affairs.

HR 779. By Representative Matthews of the 145th:
A resolution proposing an amendment to the Constitution so as to authorize the use by the Colquitt County School System of the proceeds of any local sales and use tax levied within Colquitt County; to adjust the limitation on the maximum mill rate of ad valorem taxes which may be levied for the purposes of the Colquitt County School System so as to take into account the proceeds to the school system of the local sales and use tax.
Referred to Committee on County and Urban Affairs.

HR 780. By Representatives Moody and Byrd of the 138th:
A resolution proposing an amendment to the Constitution so as to authorize a homestead exemption for residents of the City of Baxley in an amount to be fixed by the governing authority of the city at not more than $ 15,000.00 from all City of Baxley ad valorem taxes.
Referred to Committee on County and Urban Affairs.

2068

JOURNAL OF THE SENATE

HR 787. By Representative Jackson of the 75th:
A resolution proposing an amendment to the Constitution so as to pro vide that the Board of Commissioners of Walton County shall have the right and power to assess and collect license fees and taxes from all per sons, firms and corporations doing business in the unincorporated area of Walton County.
Referred to Committee on County and Urban Affairs.

HB 1899. By Representatives Davis of the 45th, Mangum of the 56th and Williams of the 48th:
A bill to amend an Act providing for the organization, jurisdiction, venue, practice and procedure of state courts, so as to provide for the terms of the state court of each county of this state having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs.

HB 1901. By Representatives Smith and Moore of the 152nd:
A bill to provide that in each county of this state having a population of not less than 9,365 and not more than 9,385 according to the United States decennial census of 1980 or any future such census, the board of county commissioners shall be composed of five members.
Referred to Committee on County and Urban Affairs.

HB 1902. By Representative Dixon of the 151st:
A bill to authorize the governing authority of the City of Waycross to con vey certain park property to the Ware County Hospital Authority. Referred to Committee on County and Urban Affairs.

HB 1903. By Representatives McCollum of the 134th, Hutchinson of the 133rd and Chambless of the 131st:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide an optional procedure for quarterly billing in counties having a population of not less than 100,000 and not more than 150,000.
Referred to Committee on County and Urban Affairs.

HB 1904. By Representatives Ham of the 80th and Sizemore of the 136th:
A bill to amend an Act providing an annual salary for the sheriff of each county having a population of not less than 14,000 nor more than 15,000 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.

FRIDAY, MARCH 12, 1982

2069

HB 1508. By Representatives Darden, Thompson and Wilson of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia An notated, relating to torts in general, so as to provide immunity from civil liability for teachers and school personnel giving information of minor drug abuse to parents, health care providers and law enforcement of ficials.
Referred to Committee on Judiciary.

HB 1638. By Representative Lambert of the 112th:
A bill to amend Code Chapter 84-40, relating to landscape architecture, so as to change the qualifications necessary to be eligible to apply for a license; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Governmental Operations.

HB 1444. By Representatives Richardson of the 52nd and Isakson of the 20th:
A bill to amend Code Section 84-2124, relating to safeguarding life, health, and property, so as to provide that all counties, municipalities, and other governing bodies of this state that issue building permits shall be required to maintain a permanent record of the permit application; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs--GEN.

HB 1745. By Representative Pinkston of the 100th:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia An notated, relating to interest and usury, so as to override federal preemp tions in connection with mortgage financing and business and agricultural financing.
Referred to Committee on Banking, Finance and Insurance.

HB 1642. By Representative Mann of the 13th:
A bill to amend an Act relating to the destruction of obsolete records by the county departments of family and children services, so as to change the time of retention of such records from five years to three years; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Human Resources.

HB 981. By Representatives Aaron of the 56th, Childs of the 51st, Mangum of the 56th and others:
A bill to amend Code Section 68B-215, relating to records kept by the Department of Public Safety, so as to place a limitation on the contents of certain abstracts of drivers' operating records.
Referred to Committee on Public Safety.

2070

JOURNAL OF THE SENATE

HB 1729. By Representative Vaughn of the 57th:
A bill to amend an Act known as "The Georgia Criminal Justice Act," so as to remove the prohibition against the public defender engaging in the practice of criminal law during his incumbency; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1906. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend the "Georgia Alcoholic Beverage Code," Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alcoholic beverages for consump tion on the premises on Sundays if approved at a referendum.
Referred to Committee on County and Urban Affairs.

HB 1814. By Representatives Davis of the 99th and Randall of the 101st:
A bill to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appeals to the appellate courts in general, so as to provide that a brief in criminal appeals may be filed if counsel files therewith his affidavit that he was appointed by the trial court and his client is indigent.
Referred to Committee on Judiciary.

HB 1838. By Representatives Tuten of the 153rd, Culpepper of the 98th, Walker of the 115th and others:
A bill to amend Code Chapter 38-16, relating to competency of witnesses, so as to provide that a husband and wife shall each be compe tent to testify to the adultery of the other; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Judiciary.

HB 1587. By Representatives Vandiford of the 53rd, Colbert of the 23rd, Coleman of the 118th and others:
A bill to amend an Act relating to enforcement of fire safety standards and amending other previous Acts, so as to change the effective date of the Act; to change the effective date of corresponding provisions of the Official Code of Georgia Annotated.
Referred to Committee on Public Safety.

HB 1558. By Representatives Lawson, Wood and Jackson of the 9th:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia An notated, relating to landlord and tenant, so as to change the time of per forming certain actions of parties and of the court in dispossessory and distress warrant proceedings.
Referred to Committee on Judiciary.

FRIDAY, MARCH 12, 1982

2071

HB 1776. By Representative Birdsong of the 103rd:
A bill to amend Code Section 59-105, relating to the compensation of jury commissioners, so as to change the provisions relative to such compensa tion; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on Special Judiciary.

HB 364. By Representative Coleman of the 118th:
A bill to amend Code Chapter 34-13, relating to preparation for and con duct of primaries and elections, so as to change the number of electors which a person may assist in any primary or election; to require electors to show identification upon request of poll officers.
Referred to Committee on Governmental Operations.

HB 993. By Representatives Beal of the 28th, Richardson of the 52nd, Benn of the 38th and others:
A bill to amend Senate Bill 79, providing procedures for prevention of family violence, as passed during the 1981 regular session of the General Assembly, so as to authorize counseling or therapy to be included in cer tain orders or agreements.
Referred to Committee on Human Resources.

HR 755. By Representatives Baugh of the 108th and Parham of the 109th:
A resolution designating the William Franklin Bloodworth, Jr., Bridge. Referred to Committee on Transportation.

HR 782. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A resolution designating the Georgia Museum of Art at the University of Georgia as the State Museum of Art of the State of Georgia. Referred to Committee on Appropriations.

The President resumed the Chair.

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 340. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the sovereign immunity of the state and all of its departments and agencies; to provide for a waiver thereof by Act of the General Assembly; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.

2072

JOURNAL OF THE SENATE

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section I of the Constitution is amended by add ing a new paragraph XXVI as follows:
"Paragraph XXVI. Sovereign immunity extends to the state and all of its departments and agencies. Sovereign immunity is hereby waived as to contract actions only to the extent and under the condi tions that it has been previously waived by Act of the General Assembly. The sovereign immunity of the state or any of its depart ments and agencies may hereafter be waived by Act of the General Assembly which specifically provides 'sovereign immunity is hereby waived' and the extent of the waiver. No waiver of sovereign immuni ty shall be construed as a waiver of any immunity provided by the United States Constitution."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to allow the state to be sued on its contractual obligations but to protect the
[ ] NO state treasury to the extent found necessary by the General Assembly from damage awards where no con tract is involved?"
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 Starr of the 44th offered the following substitute to SR 340:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the sovereign immunity of the state and all of its departments and agencies; to provide for a waiver thereof to a certain extent in certain actions; to provide for a waiver thereof by the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section I of the Constitution is amended by add ing a new paragraph XXVI as follows:
"Paragraph XXVI. Sovereign immunity extends to the state and all of its departments and agencies. However, the defense of sovereign immunity is waived as to any action ex contractu for the

FRIDAY, MARCH 12, 1982

2073

breach of any written contract now existing or hereafter entered into by the state or its departments and agencies. Also the defense of sovereign immunity is waived as to those actions for the recovery of damages for any claim against the state or any of its departments and agencies for which liability insurance protection for such claims has been provided but only to the extent of any liability insurance provid ed. Moreover, the sovereign immunity of the state or any of its depart ments and agencies may hereafter be waived further by Act of the General Assembly which specifically provides that sovereign im munity is hereby waived and the extent of the waiver. No waiver of sovereign immunity shall be construed as a waiver of any immunity provided to the state or its departments and agencies by the United States Constitution."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to waive the defense of sovereign immunity in contract actions and in
[ ] NO other actions to the extent of liability insurance and as otherwise may be provided by law?''
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to by substitute.

On the 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 Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell

Deal Dean Eldridge English Engram Evans Fincher of 52nd

2074
Foster Garner Gillis Greene Hill Holloway Horton Howard Kennedy Kidd

JOURNAL OF THE SENATE

Land Lester Littlefield McGill McKenzie Robinson Scott Starr Stephens

Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative were Senators Reynolds and Summers.

Those not voting were Senators:

Brantley Fincher of 54th

Hudgins Hudson

Wessels (excused)

On the adoption of the resolution, the yeas were 49, nays 2.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted by substitute.
SB 764. By Senator Coverdell of the 40th:
A bill to amend Code Chapter 15-3, relating to jurisdiction over certain land ceded to or acquired by the United States, so as to consent to the ces sion of concurrent jurisdiction to the United States over lands within the boundaries of the State of Georgia that are owned by the United States or over which such jurisdiction is necessary for the effective administration and management of the lands owned by the United States; to amend the Official Code of Georgia Annotated accordingly.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, 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

FRIDAY, MARCH 12, 1982

2075

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 Summers Sutton Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brantley Hudgins

Thompson

Wessels (excused)

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Coleman of the 1st asked unanimous consent that Senator Wessels of the 2nd be excused from his absence from the Senate on Thursday, March 11, and today due to the death and funeral of his sister; the consent was granted.
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 714. By Senator Wessels of the 2nd: A bill to amend an Act creating the Georgia Department of Labor, as amended, so as to create the Correctional Services Division; to provide for duties of the division; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain pro visions of this Act. Senate Sponsor: Senator Kidd of 25th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

2076

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Garner Gillis Greene Hill Holloway Horton Howard Kennedy Kidd Land Lester McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Brantley Fincher of 54th

Hudgins Hudson

Littlefield Wessels (excused)

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 761. By Senator Hudgins of the 15th: A bill to amend an Act known as the "Children and Youth Act", as amended, so as to provide that the regional Youth Service Program direc tor may delegate responsibility to a designee for determining whether children committed to the Department of Human Resources who have violated the conditions of supervision should be apprehended; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 12, 1982

2077

On the passage of the bill, 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 52nd Foster Garner Gillis Greene Holloway Horton Howard Hudson Kennedy Kidd Land Lester McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brantley Fincher of 54th

Hill Hudgins

Littlefield Wessels (excused)

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 749. By Senators Deal of the 49th and Brannon of the 51st: A bill to amend the "Georgia Post Mortem Examination Act", as amend ed, so as to provide for appeals from verdicts of coroners' juries; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
Senator Ballard of the 45th offered the following amendment:
Amend SB 749 by adding on Page 1, line 21, and Page 2, line 11 the following:
"Any coroners verdict present or past may be appealed as set forth herein."

2078

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Garner Gillis Greene Hill Hollo way 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

Those not voting were Senators:

Brantley Fincher of 54th

Hudgins

Wessels (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.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 749.

FRIDAY, MARCH 12, 1982

2079

SB 574. By Senator Scott of the 43rd:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia An notated, relating to sentence and punishment, so as to change the provi sions relating to the authority of a judge to suspend or probate sentences of defendants convicted of a certain sex crime; 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 Bell Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge English Engram

Evans Fincher of 52nd Foster Garner Gillis Greene Hill Horton Hudson Kennedy Kidd Land Lester Littlefield McGill

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Deal.

Those not voting were Senators:

Barker Barnes Bond Brantley

Fincher of 54th Holloway Howard

Hudgins McKenzie Wessels (excused]

On the passage of the bill, the yeas were 45, nays 1. The bill, having received the requisite constitutional majority, was passed.

2080

JOURNAL OF THE SENATE

SB 515. By Senator Land of the 16th:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia An notated, relating to parks, historic areas, memorials, and recreation, so as to provide for the Department of Natural Resources to establish a pro gram whereby persons who are 65 years of age or older and who are bona fide residents of the State of Georgia may obtain a 50 percent dis count on camping fees charged at State parks on certain days.

The Senate Committee on Natural Resources and Environmental Quality of fered the following substitute to SB 515:
A BILL
To be entitled an Act to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to provide for the Department of Natural Resources to establish a program whereby persons who are 65 years of age or older and who are bona fide residents of the State of Georgia may obtain a 50 percent discount on camping fees charged at state parks on certain days; to provide for administration and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 12 of the Official Code of Georgia An notated, relating to parks, historic areas, memorials, and recreation, is amended by striking Code Section 12-3-32 in its entirety and inserting in lieu thereof a new Code Section 12-3-32 to read as follows:
"12-3-32. ja) The Department of Natural Resources is empowered and directed:
(1) In cooperation with other state and local agencies and any agency of the United States government, to study and ascertain the state's present park, parkway, and recreational resources and facilities, the need for such resources and facilities, and the extent to which such needs are being currently met. The department shall also conduct a survey to identify land suitable and desirable for acquisi tion by the state as a part of the state park system, due consideration being given to scenic, recreational, historical, archeological, and other special features. The results of such study and survey shall be reported to the Governor and the next succeeding session of the General Assembly and shall be accompanied by such recommenda tions as the department shall deem advisable;
(2) To acquire in the name of the state, by purchase, lease, agree ment, or condemnation, such land within the state as it may deem necessary or proper for the extension of the state park system. The right of eminent domain shall be exercised in accordance with the provisions of law now or hereafter existing for the condemnation of property for public purposes, provided that no land or other property shall be taken or contracted to be taken unless or until the General Assembly has appropriated money therefor or funds have otherwise become available for such purpose;

FRIDAY, MARCH 12, 1982

2081

(3) To accept in its discretion, in fee or otherwise, land entrusted, donated, or devised to the state by the United States government, by a political subdivision of the state, or by any person, firm, association, or corporation, with the intent that the land shall become a part of the state park system. The department shall also in its discretion accept gifts, bequests, or contributions of money or other property to be used in extending, improving, or maintaining the state park system;
(4) To make expenditures from available funds for the care, super vision, improvement, and development of the state park system;
(5) To cooperate with other state agencies, with counties, municipalities, and other political subdivisions of the state, with other states, and with the United States government in matters relating to the acquiring, planning, establishing, developing, improving, or main taining of any park, parkway, or recreational area;
(6) To contract and make cooperative agreements with the United States government, with political subdivisions of the state, or with corporations, associations, or individuals, with proper bond where deemed advisable, to protect, restore, preserve, mark, maintain, or operate any historic, archeologic, or scientific site, ground, reserva tions, structure, building, object, or other property for public use, pro vided that no contract or cooperative agreement shall be made or entered into unless or until the General Assembly has appropriated money therefor or funds have otherwise become available for such purposes;
(7) 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 Deparment of Administrative Services in ac cordance with Code Section 50-5-72;
(8) To provide and maintain adequate recreational facilities and to initiate, conduct, and supervise suitable programs and activities in connection therewith;
(9) To grant concessions for the operation of public service privileges, conveniences, and facilities when the department deter 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, association, or corporation for a period not to exceed five years and upon such terms as the department may deem advisable and consistent with other laws of this state;
(10) To establish and, from time to time, to alter rules and regula tions governing the use, occupancy, and protection of the land and property under its control and to preserve the peace therein. The department is empowered to confer on such employees as it may designate the full authority of peace officers for all land and property under its control;

2082

JOURNAL OF THE SENATE

(11) To plan and conduct a program of information and publicity as to the scenic, recreational, historical, archeological, and scientific points and places within the state designed to attract tourists and visitors to this state;
(12) To cooperate with the Department of Transportation in the establishment and maintenance of roadside parks and developments for the convenience and enjoyment of the traveling public;
and
(13) To purchase and provide uniforms to such of its officers, assistants, and employees as it deems advisable; and
(14) To establish a program whereby persons who are 65 years of age or older and who are bona fide residents of the State of Georgia may obtain a 50 percent discount on camping fees charged at all state parks on Mondays, Tuesdays, Wednesdays, and Thursdays between the fifteenth day of September and the first day of April of each year; provided, however, that such discount shall not apply on any state or national holiday; and provided, further, that such discount shall not apply to the following state parks: Cloudland Canyon, James H. (Slop py) Floyd, Fort Mountain, Amicalola Falls, Vogel, Unicoi, Black Rock Mountain, and Moccasin Creek. The department is authorized and directed to promulgate such rules and regulations as may be reasonably necessary and incidental to the efficient administration of such program.
(b) All of the functions of the former Department of State Parks are transferred to the Department of Natural Resources."
Section 2. This Act shall become effective November 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are 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 Bell Bond

Bowen Brannon Broun of 46th Brown of 47th Bryant

Cobb Coleman Coverdell Deal Dean

FRIDAY, MARCH 12, 1982

2083

Eldridge English Engram Evans
Fincher of 52nd 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 Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Brantley

Fincher of 54th Hudgins

Summers Wessels (excused)

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SR 275. By Senators Summers of the 53rd, Gillis of the 20th, Kidd of the 25th and others:
A resolution calling upon the United States Congress to pass an amend ment to the United States Constitution which would require that the record of all federal judges be reviewed every eight years and that they stand for reelection every eight years or, in the alternative, calling upon the United States Congress to call a constitutional convention for the pur pose of proposing such an amendment.

The Senate Committee on Special Judiciary offered the following substitute to SR 275:
A RESOLUTION
Calling upon the United States Congress to pass an amendment to the United States Constitution which would require that the record of all federal judges be reviewed every eight years; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
WHEREAS, the framers of the Constitution of the United States, in their collective wisdom, established a marvelous and unique form of government; and

2084

JOURNAL OF THE SENATE
WHEREAS, the government consists of a centralized form made up of three separate branches but with the ultimate power residing in the people; and
WHEREAS, the legislative, executive, and judicial branches were each created to operate as a check and balance on the exercise of govern mental power by each other; and
WHEREAS, federal judges are appointed for life and are therefore removable only through impeachment or voluntary retirement; and
WHEREAS, this system of selecting federal judges appropriately in sulates them from the people and the government they serve; and
WHEREAS, it is advisable to improve the manner of selecting and continuing in office the federal judges so that the interests of justice and the people can be best served.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Congress of the United States is re quested to institute procedures to provide that the record of all federal judges be reviewed every eight years and that procedures be available to remove judges found to be derelict in the performance of their constitu tional duties.
BE IT FURTHER RESOLVED that this legislature calls upon the legislatures of each of the several states to adopt similar resolutions and to forward such resolutions to the Congress.
BE IT FURTHER RESOLVED that copies of this resolution be for warded to the President of the Senate and the Speaker of the House of Representatives of the United States and to all members of the Georgia delegation in Congress.
BE IT FURTHER RESOLVED that copies of this resolution also be prepared and forwarded to the Secretaries of State and to the presiding officers of the legislatures of the several states.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the 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 Barker Bell

Bond Bowen Brannon

Broun of 46th Brown of 47th Bryant

FRIDAY, MARCH 12, 1982

2085

Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd 1 Foster Garner Gillis Hill

Holloway 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

Those not voting were Senators:

Ballard Barnes Brantley

Fincher of 54th Greene

Hudgins Wessels (excused)

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
The following general resolution of the Senate, having been read the third time on February 9 and postponed until the Thirtieth Legislative Day, defeated on March 10 and reconsidered on March 11, was put upon its adoption:
SR 243. By Senators Robinson of the 27th, Greene of the 26th, Land of the 16th 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 exceptions; to provide that the provi sions shall be self-executing.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

2086

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:

Barker Barnes Bell Bond Cobb Coverdell Dean Eldridge Engram Evans

Foster Garner Greene Holloway Horton Howard Hudson Kidd Land
Lester

Littlefield Robinson Starr Stephens Stumbaugh Sutton Tate Trulock Turner Tysinger

Those voting in the negative were Senators:

Allgood Bowen Brannon Broun of 46th Brown of 47th Bryant

Deal English Fincher of 52nd Gillis Kennedy McGill

McKenzie Reynolds Summers Thompson Timmons Walker

Those not voting were Senators:

Ballard Brantley Coleman

Fincher of 54th Hill Hudgins

Scott Wessels (excused)

On the adoption of the resolution, the yeas were 30, nays 18.
The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.
SB 715. By Senators Stumbaugh of the 55th, Howard of the 42nd, Scott of the 43rd and others: A bill to amend the "Stone Mountain Memorial Association Act," as amended, so as to provide that the Stone Mountain Memorial Association may invest and reinvest the association fund in certain specified obliga tions; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 12, 1982

2087

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bell Bond Bowen Broun of 46th Brown of 47th Bryant Cobb Coverdell Deal Dean Eldridge English Engram Evans

Fincher of 52nd Foster Garner Gillis Greene Hill Holloway 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

Those not voting were Senators:

Ballard Barnes Brannon

Brantley Coleman Fincher of 54th

Hudgins Wessels (excused)

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 763. By Senator Barnes of the 33rd: A bill to provide the compensation of judges of certain courts of limited jurisdiction; to provide definitions; to provide for applicability; to pro vide for the procedures whereby the governing authority of a county shall select the method of compensating the judges; to provide for alter native compensation plans for judges of courts of limited jurisdiction; to amend the Official Code of Georgia Annotated accordingly.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

2088

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd 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 Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Ballard Brantley

Fincher of 54th Hudgins

Summers Wessels (excused)

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1326. By Representatives McCollum of the 134th, Snow of the 1st, Walker of the 115th and others: A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia An notated, relating to sentencing and punishment of criminal defendants, so as to provide for alternative sentences of public work.

FRIDAY, MARCH 12, 1982

2089

HB 1714. By Representatives Snow of the 1st and Castleberry of the 111th:
A bill to amend Code Section 15-6-89 of the Official Code of Georgia An notated, relating to additional remuneration for clerks of the superior courts, so as to add provisions relative to the abolishment of certain courts.

HB 1256. By Representative Lane of the 40th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for a State Boxing Commission.

HB 1900. By Representative Williams of the 6th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to substitute the terms "precinct" and "voting precinct" for the term "election district"; to require county and municipal precinct boundaries to meet certain standards.

HB 1847. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and others:
A bill to provide the compensation of judges of certain courts of limited jurisdiction; to amend the Official Code of Georgia Annotated accord ingly.

HB 1308. By Representative Darden of the 19th:
A bill to specify conditions under which an authority created by or pur suant to a local constitutional amendment to promote the development of trade, commerce, industry, and employment opportunities may deal with one of its directors or members or an organization or person with which a director or member is in any way interested or involved; to amend the Official Code of Georgia Annotated accordingly.

HB 1774. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia An notated, relating to tax executions, so as to provide for the sheriff to give notice to the owner of the last duly recorded warranty deed prior to the advertisement for sale of any real property levied upon by the sheriff for taxes; to specify the form of such notice.

HB 1641. By Representatives Mostiler and Fortune of the 71st and Cummings of the 17th:
A bill to amend Code Section 20-2-53 of the Official Code of Georgia An notated, relating to certifying the selection of members of county boards of education and county school superintendents, so as to change the pro visions relative to such certification.

2090

JOURNAL OF THE SENATE

HB 1473. By Representatives Williams and Foster of the 6th, Nix of the 20th and others:
A bill to amend Code Chapter 26-35, relating to the sale or display of cer tain material to minors, so as to prohibit the sale, distribution, or display of certain material to minors; to provide legislative intent; to make it unlawful for certain persons falsely to represent their age; to amend the Official Code of Georgia Annotated accordingly.

HB 1421. By Representative Twiggs of the 4th:
A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries public, so as to provide proof of appointment for notaries public to pur chase or obtain the seal of office; to provide that certain practices or con duct shall be unlawful.

HB 1527. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act providing for the issuance of special license tags to motor vehicle owners who operate amateur radio stations, so as to pro vide for the amount of the additional fee required to obtain such special license plate; to amend the Official Code of Georgia Annotated accord ingly.

HB 1529. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act providing for the issuance of special license tags to motor vehicle owners who operate citizens' band radio stations, so as to provide for the amount of the additional fee required to obtain such special license plate; to amend the Official Code of Georgia Annotated accordingly.

HB 1321. By Representative Childs of the 51st:
A bill to amend Code Section 47-4-103 of the Official Code of Georgia An notated, relating to disability retirement benefits under the Public School Employees Retirement System, so as to reduce the number of years of creditable service necessary to qualify for disability retirement benefits.

The House has agreed to the Senate substitute to the following resolution of the House:

HR 634. By Representatives Matthews of the 145th and Collins of the 144th:
A resolution proposing an amendment to the Constitution so as to remove the maximum amount of interest that bonds issued by the Moultrie-Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds bor rowed from financial institutions.

FRIDAY, MARCH 12, 1982

2091

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 747. By Representatives Dixon of the 151st and Crosby of the 150th:
A resolution releasing and quit-claiming to the board of commissioners of Charlton County certain real property in Charlton County.

HR 824. By Representatives Bishop of the 94th, Buck of the 95th, Rose of the 93rd and others:
A resolution commending the Honorable Jack T. Brinkley.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 681. By Senators Robinson of the 27th, Howard of the 42nd, Starr of the 44th and others:
A bill to amend Chapter 2 of Title 43 of the Official Code of Georgia An notated, relating to review, continuation, and termination of regulatory agencies, so as to provide for performance audits; to provide for responses to certain performance audits; to provide for additional pro cedures relating thereto.

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 committees, were read the third time and put upon their passage:
SB 733. By Senators Robinson of the 27th and Greene of the 26th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create a Senate Committee for Regulatory Reform; to provide for the powers, duties, authority, prac tices and procedures of the committee; to provide for the appointment of members; to provide for officers; to provide for the suspension of rules and regulations.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

2092

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Eldridge Greene Horton

Hudson Kidd Land Robinson

Stephens Sutton Trulock

Those voting in the negative were Senators:

Allgood Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Deal

Dean English Engram Evans Fincher of 52nd Foster Garner Gillis Hill Holloway Howard Kennedy

Lester McGill McKenzie Reynolds Scott Summers Tate Thompson Timmons Turner Walker

Those not voting were Senators:

Ballard Brantley Coverdell Fincher of 54th

Hudgins Littlefield Starr (presiding)

Stumbaugh Tysinger Wessels (excused)

On the passage of the bill, the yeas were 11, nays 35.

The bill, having failed to receive the requisite constitutional majority, was lost.

SB 747. By Senator Horton of the 17th:
A bill to amend an Act known as the "Fair Business Practices Act of 1975", as amended, so as to provide for the regulation of career con sulting firms; to define a certain term; to require certain contracts and clauses; to provide for matters relative to the foregoing; to amend the Of ficial Code of Georgia Annotated accordingly; to provide effective dates.

Senator Horton of the 17th offered the following amendment: Amend SB 747 by adding at the end of line 5 of Page 1 the following: "for editorial revision; to provide''.

FRIDAY, MARCH 12, 1982

2093

By striking from lines 6 and 7 of Page 1 the following:
"to amend the Official Code of Georgia Annotated accordingly;",
and inserting in lieu thereof the following:
"to amend Part 1 of Article 15 of Chapter 1 of Title 10 of the Of ficial Code of Georgia Annotated, known as the 'Fair Business Prac tices Act of 1975,' so as to provide for the regulation of career con sulting firms; to define a certain term; to require certain contracts and clauses; to provide for matters relative to the foregoing;".
By inserting between line 20 and line 21 of Page 2 the following:
"Section 2A. Said Act is further amended by striking from the sec ond sentence of subsection (e) of Section 2 the following:
'section3(b)(l) through3(b)(ll) hereof",
and inserting in lieu thereof the following:
'subsection (b) of Section 3 of this Act',
so that when so amended subsection (e) of Section 2 shall read as follows:
'(e) An "intentional violation" occurs when the person commit ting the act or practice knew that his conduct was in violation of this Act. Maintenance of an act or practice specifically designated as unlawful in subsection (b) of Section 3 of this Act, after the Ad ministrator gives notice that such act or practice is in violation of the Act, shall be prima facie evidence of intentional violation. For the pur poses of this paragraph, the Administrator gives notice that an act or practice is in violation of this Act by the adoption of specific rules promulgated pursuant to section 4(a) hereof, and by notice in writing to the alleged violator of a violation, if such written notice may be reasonably given without substantially or materially altering the pur poses of this Act; provided, however, that no presumption of inten tion shall arise in the case of an alleged violator who maintains a place of business within the jurisdiction of this State with sufficient assets to respond to a judgment under this Act, unless such alleged violator has received written notice. The burden of showing no reasonable op portunity to give written notice shall be upon the Administrator.' "
By striking from line 24 of Page 2 the following:
"at the end",
and inserting in lieu thereof the following:
' 'following paragraph (1)".
By striking from lines 25 and 27 of Page 2 the following:
"(9)",

2094

JOURNAL OF THE SENATE

and inserting in lieu thereof the following: "(1.1)".

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 Barker Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

Engram Fincher of 52nd Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Lester Littlefield

Those not voting were Senators:

Ballard Brantley English Evans

Fincher of 54th Hudgins Land

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker
Starr (presiding) Timmons Wessels (excused)

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of SB 747.

FRIDAY, MARCH 12, 1982

2095

The President resumed the Chair.

The following bills and resolution of the House were read the first time and referred to committees:

HB 1326. By Representatives McCollum of the 134th, Snow of the 1st, Walker of the 115th and others:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia An notated, relating to sentencing and punishment of criminal defendants, so as to provide for alternative sentences of public work.
Referred to Committee on Special Judiciary.

HB 1714. By Representatives Snow of the 1st and Castleberry of the 111th:
A bill to amend Code Section 15-6-89 of the Official Code of Georgia An notated, relating to additional remuneration for clerks of the superior courts, so as to add provisions relative to the abolishment of certain courts. Referred to Committee on Governmental Operations.
HB 1256. By Representative Lane of the 40th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for a State Boxing Commission. Referred to Committee on Governmental Operations.
HB 1900. By Representative Williams of the 6th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to substitute the terms "precinct" and "voting precinct" for the term "election district"; to require county and municipal precinct boundaries to meet certain standards. Referred to Committee on Governmental Operations.
HB 1847. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and others:
A bill to provide the compensation of judges of certain courts of limited jurisdiction; to amend the Official Code of Georgia Annotated accord ingly. Referred to Committee on Judiciary.

2096

JOURNAL OF THE SENATE

HB 1308. By RepresentstiveDarden of the 19th:
A bill to specify conditions under which an authority created by or pur suant to a local constitutional amendment to promote the development of trade, commerce, industry, and employment opportunities may deal with one of its directors or members or an organization or person with which a director or member is in any way interested or involved; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Industry, Labor and Tourism.

HB 1774. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia An notated, relating to tax executions, so as to provide for the sheriff to give notice to the owner of the last duly recorded warranty deed prior to the advertisement for sale of any real property levied upon by the sheriff for taxes; to specify the form of such notice.
Referred to Committee on Governmental Operations.

HB 1641. By Representatives Mostiler and Fortune of the 71st and Cummings of the 17th:
A bill to amend Code Section 20-2-53 of the Official Code of Georgia An notated, relating to certifying the selection of members of county boards of education and county school superintendents, so as to change the pro visions relative to such certification.
Referred to Committee on Education.

HB 1473. By Representatives Williams and Foster of the 6th, Nix of the 20th and others:
A bill to amend Code Chapter 26-35, relating to the sale or display of cer tain material to minors, so as to prohibit the sale, distribution, or display of certain material to minors; to provide legislative intent; to make it unlawful for certain persons falsely to represent their age; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Governmental Operations.

HB 1421. By Representative Twiggs of the 4th:
A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries public, so as to provide proof of appointment for notaries public to pur chase or obtain the seal of office; to provide that certain practices or con duct shall be unlawful.
Referred to Committee on Governmental Operations.

FRIDAY, MARCH 12, 1982

2097

HB 1527. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act providing for the issuance of special license tags to motor vehicle owners who operate amateur radio stations, so as to pro vide for the amount of the additional fee required to obtain such special license plate; to amend the Official Code of Georgia Annotated accord ingly.
Referred to Committee on Transportation.

HB 1529. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act providing for issuance of special license tags to motor vehicle owners who operate citizens' band radio stations, so as to provide for the amount of the additional fee required to obtain such special license plate; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on Transportation.

HB 1321. By Representative Childs of the 51st:
A bill to amend Code Section 47-4-103 of the Official Code of Georgia An notated, relating to disability retirement benefits under the Public School Employees Retirement System, so as to reduce the number of years of creditable service necessary to qualify for disability retirement benefits.
Referred to Committee on Retirement.

HR 747. By Representatives Dixon of the 151 st and Crosby of the 150th:
A resolution releasing and quit-claiming to the board of commissioners of Charlton County certain real property in Charlton County. Referred to Committee on Public Utilities.

The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:

SB 762. By Senator Hudson of the 35th:
A bill to be entitled an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to pro vide for legislative intent; to change certain provisions relating to the use of the proceeds of certain taxes, bonds, and certificates; to delete certain provisions relating to effective dates; to provide for effective dates.

Senator Evans of the 37th moved that SB 762 be committed to the Com mittee on Transportation.

Senator Hudson of the 35th moved the previous question.

2098

JOURNAL OF THE SENATE

Senator Evans of the 37th moved that SB 762 be placed on the Table.

The President ruled that the motion offered by Senator Evans of the 37th to table SB 762 takes precedence.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Bond Brown of 47th Coverdell Deal Evans

Holloway Howard Kennedy McKenzie Reynolds

Scott Stumbaugh Sutton Tate Tysinger

Those voting in the negative were Senators:

Allgood Barnes Bowen Brannon Broun of 46th Cobb Coleman Eldridge English Engram

Fincher of 52nd Foster Garner Gillis Greene Hill Horton
Hudson Kidd Lester

Littlefield McGill Robinson Starr Stephens Summers Timmons Trulock Turner Walker

Those not voting were Senators:

Ballard Barker
Brantley Bryant

Land Thompson Wessels (excused)

Dean Fincher of 54th Hudgins

On the motion offered by Senator Evans of the 37th, the yeas were 16, nays 30; the motion was lost, and SB 762 was not placed on the Table.
On the motion offered by Senator Hudson of the 35th for the previous question, the next motion in precedence, the yeas were 35, nays 2; the motion prevailed, and the previous question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 12, 1982

2099

On 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 Bowen Brannon Broun of 46th Cobb Coleman Eldridge English Engram Fincher of 52nd

Foster Garner Gillis Greene Hill Horton Hudson Kennedy Kidd Lester Littlefield

Those voting in the negative were Senators:

Bell Bond Brown of 47th Coverdell Deal

Evans Holloway Howard Reynolds

Those not voting were Senators:

Ballard Barker Brantley Bryant

Dean Fincher of 54th Hudgins

McGill McKenzie Robinson Starr Stephens Summers Tate Timmons Trulock Turner Walker
Scott Stumbaugh Sutton Tysinger
Land Thompson Wessels (excused)

On the passage of the bill, the yeas were 33, nays 13.
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 762.
The President stated that, as provided for in Senate Rule 99, he would set the time to entertain the motion to reconsider for 7:45 o'clock P.M. today.

2100

JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 681. By Senators Robinson of the 27th, Howard of the 42nd, Starr of the 44th and others:
A bill to amend Chapter 2 of Title 43 of the Official Code of Georgia An notated, relating to review, continuation, and termination of regulatory agencies, so as to provide for performance audits; to provide for responses to certain performance audits; to provide for additional pro cedures relating thereto; to provide effective date.

The House substitute to SB 681 was as follows:

A BILL
To be entitled an Act to amend an Act creating the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. L. 1977, p. 1123), as amended, so as to continue the board and the laws relating thereto until June 30, 1983; to provide for the termination of such board and the repeal of the laws relating thereto; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the same changes mentioned above; to provide for perfor mance audits; to provide for responses to certain performance audits; to provide for additional procedures relating thereto; to provide effective dates; to provide for the automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act creating the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. L. 1977, p. 1123), as amended, is amended by adding at the end of Section 2 a new subsection (e) to read as follows:
"(e) Pursuant to Section 9 of 'The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agen cies,' approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Georgia Board of Athletic Trainers and the laws relating thereto are hereby continued until June 30, 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 activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the ter mination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board."

FRIDAY, MARCH 12, 1982

2101

Part 2
Section 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking from Code Section 43-5-15 the following:
"March 30, 1982",
and inserting in lieu thereof the following:
"June 30, 1983",
so that when so amended Code Section 43-5-15 shall read as follows:
"43-5-15. For the purposes of Chapter 2 of this title, 'The Act Pro viding for the Review, Continuation, Reestablishment, or Termina tion of Regulatory Agencies,' the Georgia Board of Athletic Trainers shall be terminated on June 30, 1983, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 3. Said Title 43 is further amended by striking in its entirety Code Section 43-2-6, relating to performance audits of regulatory agen cies scheduled for termination, and inserting in its place the following:
"43-2-6. (a) The state auditor shall conduct a performance audit of each regulatory agency at least once within six years from the date of the last performance audit conducted or, if the agency was established after January 1, 1980, at least once within six years from the date of its establishment, and thereafter once every six years from the date of the last such performance audit. This audit shall include, without be ing limited to, a summary listing of the audit findings and a deter mination regarding each finding as to whether the regulatory agency, the joint-secretary, or both, or some other entity exercises major responsibilities in the area relating to the finding. The performance audit shall be completed by the first day of October during the year such audit is conducted.
(b) A copy of each performance audit conducted pursuant to subsection (a) of this Code section shall be submitted, within 15 days after completion, to:
(1) Each member of the Senate and House standing committees to which the regulatory agency has been assigned for review under this chapter;
(2) The presiding officers of the Senate and House of Represen tatives;
(3) The Governor, the Attorney General, and the legislative counsel;
(4) The chairperson of the audited regulatory agency; and
(5) Thejoint-secretary.

2102

JOURNAL OF THE SENATE
(c) Within 30 days after submission of the performance audit, the regulatory agency and the joint-secretary shall each submit a written response as to each audit finding in those areas in which that agency or joint-secretary has been determined by the audit to exercise major responsibilities. Such response shall include, without being limited to, the following:
(1) Whether or not the agency or joint-secretary agrees with that finding and the reasons therefor;
(2) What steps have been or will be taken to address each issue raised in each finding, whether the steps are regulatory or proposed statutory changes, and the proposed effective date of any such regulatory changes; and
(3) If no steps have been or will be taken to address any issue rais ed in the finding, the reasons therefor.
(d) No later than February 15 immediately following the submis sion of a written response under subsection jc) of this Code section, at the request of a standing committee assigned review, that response shall be updated and resubmitted by the joint-secretary and audited regulatory agency.
(e) Responses required by subsections (c) and (d) of this Code sec tion shall be submitted to those persons designated in paragraphs (1), (2), and (3) of subsection (b) of this Code section to receive copies of performance audits.
(f) The response of a regulatory agency in addressing or failing to address issues raised in the audit finding, in those areas in which that agency has been determined to exercise major responsibilities, shall be a major consideration regarding the decision by any standing com mittee concerning its recommendation as to the continuation, ter mination, or reestablishment of that regulatory agency. The report of such committee regarding such recommendation shall include a specific finding as to whether or not the regulatory agency in question has evidenced good faith efforts to address those issues raised in the performance audit.
(g) (1) Any Senate or House standing committee may request at any time, in writing, the state auditor to conduct a performance audit of any agency assigned to the committee for review or may request, in writing, the regulatory agency and the joint-secretary to submit a writ ten response to the last performance audit of that agency conducted by the state auditor.
(2) If a performance audit is requested by a standing committee within the time limits provided in subsection (a) of this Code section, it shall be deemed to satisfy the requirement for the performance audit provided in subsection (a) of this Code section.''

FRIDAY, MARCH 12, 1982

2103

Part 3
Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1, 1982.
(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Robinson of the 27th moved that the Senate agree to the House substitute to SB 681.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood
Barnes Bell Bond Bowen Brannon
Broun of 46th Brown of 47th Cobb
Coleman Coverdell Deal Eldridge English
Engram

Evans
Fincher of 52nd Foster Garner Gillis Greene
Hill Holloway Horton
Howard Hudson Kennedy Kidd Lester
Littlefield

McGill
McKenzie Reynolds Robinson Scott Starr
Stephens Summers Sutton
Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Ballard Barker Brantley Bryant

Dean Fincher of 54th Hudgins Land

Stumbaugh Thompson Timmons Wessels (excused)

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 681.

2104

JOURNAL OF THE SENATE

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 735. By Senators McGill of the 24th, Gillis of the 20th and Walker of the 19th:
A bill to amend Chapter 6 of Title 4 of the Official Code of Georgia An notated, relating to livestock dealers and market operators, so as to change the amount of bond required of licensees; to prohibit licensing of businesses owned by or employing persons who have previously been involved in defaulting businesses; 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:

Allgood Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Eldridge English

Evans Fincher of 52nd Foster Garner Gillis Greene Hill Holloway Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Trulock Turner Ty singer Walker

Voting in the negative was Senator Howard.

Those not voting were Senators:

Ballard Barker Brantley Bryant Dean

Engram Fincher of 54th Horton Hudgins

Land Thompson Timmons Wessels (excused)

On the passage of the bill, the yeas were 42, nays 1.

FRIDAY, MARCH 12, 1982

2105

The bill, having received the requisite constitutional majority, was passed.

SR 331. By Senator Broun of the 46th:
A resolution designating the Georgia Museum of Art at the University of Georgia as the State Museum of Art of the State of Georgia.

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 Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Deal Eldridge English Engram Evans

Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Ballard Barker Brantley
Bryant Coverdell

Dean Fincher of 52nd Fincher of 54th Hudgins

Land Thompson Timmons Wessels (excused)

On the adoption of the resolution, the yeas were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

2106

JOURNAL OF THE SENATE

Time having arrived for the entertainment of the reconsideration motion, Senator Stumbaugh of the 55th moved that the Senate reconsider its action previously today in passing the following bill of the Senate:

SB 762. By Senator Hudson of the 35th:
A bill to be entitled an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to provide for legislative intent; to change certain provisions relating to the use of the proceeds of certain taxes, bonds, and certificates; to delete certain provi sions relating to effective dates; to provide for effective dates.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Bond Brown of 47th Coverdell Deal Eldridge

Evans Greene Holloway Howard McKenzie Reynolds

Robinson Scott Stumbaugh Sutton Tysinger

Those voting in the negative were Senators:

Allgood Barnes Bowen Brannon Broun of 46th Cobb Coleman English Engram Fincher of 52nd

Foster Garner Gillis Hill Horton Hudson Kennedy Kidd Lester

Those not voting were Senators:

Ballard Barker Brantley Bryant

Dean Fincher of 54th Hudgins Land

Littlefield McGill Starr Stephens Summers Tate Trulock Turner Walker
Thompson Timmons Wessels (excused)

On the motion, the yeas were 17, nays 28; the motion was lost, and SB 762 was not reconsidered.

FRIDAY, MARCH 12, 1982

2107

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1584. By Representative Evans of the 84th:
A bill to amend an Act known as the "Georgia Administrative Procedure Act," so as to provide that hearings may be conducted by telephonic communications with the consent of all parties; to amend the Official Code of Georgia Annotated accordingly.
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 Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Eldridge English

Engram Evans Foster Garner Gillis Greene Hill Hollo way Horton Hudson Kennedy Kidd Lester Littlefield

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Trulock Turner Walker

Those voting in the negative were Senators:

Fincher of 52nd Howard

McGill

Those not voting were Senators:

Ballard Barker Brantley Bryant

Dean Fincher of 54th Hudgins Land

Tysinger
Thompson Timmons Wessels (excused)

On the passage of the bill, the yeas were 41, nays 4.

The bill, having received the requisite constitutional majority, was passed.

2108

JOURNAL OF THE SENATE

The following local, uncontested resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their adoption:
SR 333. By Senator Bryant of the 3rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the re quirement that the governing authority of Bryan County levy and collect an annual ad valorem tax of two mills for developing and promoting in dustry and pay the funds derived to the Bryan County Industrial Development Authority by authorizing the governing authority of Bryan County to levy and collect an annual ad valorem tax not to exceed two mills for such purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitution is amended by striking from the provisions of Paragraph V creating the Bryan County Industrial Development Authority, as proposed by an amendment ratified on November 5, 1968, and appearing in Ga. Laws 1968, pp. 1680-1686, the following:
"H. The governing authority of Bryan County is hereby authoriz ed and directed to levy and collect an annual ad valorem tax of two (2) mills for developing and promoting industry and is directed to pay to the Authority all funds derived from such levy to be used for the pur poses herein set forth.",
and inserting in lieu thereof the following:
"H. The governing authority of Bryan County is authorized and directed to levy and collect an annual ad valorem tax as requested by the Bryan County Industrial Development Authority but not to exceed two mills. The governing authority is hereby directed to pay to the Bryan County Industrial Development Authority all funds derived from such levy to be used for the purposes herein set forth."
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 change the re quirement that the governing authority of Bryan County
[ ] NO must levy and collect an annual ad valorem tax of two mills for developing and promoting industry by authoriz ing the governing authority to levy and collect an annual ad valorem tax of from zero to a maximum of two mills based upon the recommendation of the Bryan County In dustrial Development Authority and providing that all

FRIDAY, MARCH 12, 1982

2109

such funds levied and collected must be paid over to the Bryan County Industrial Development Authority for the purposes authorized?"
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 Barnes Bell Bond Bowen Brannon Brown of 47th Cobb Coleman Coverdell Deal Eldridge English Engram Evans

Fincherof52nd Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Ballard Barker Brantley Broun of 46th Bryant

Dean Fincher of 54th Hudgins Land

Summers Thompson Timmons Wessels (excused)

On the adoption of the resolution, the yeas were 43, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

2110

JOURNAL OF THE SENATE

HR 639. By Representatives Smith and Moore of the 152nd, Byrd of the 138th and Moody of the 138th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the Pierce County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Pierce County School District taxes in the amount of $ 10,000.00 of the assessed value of the homestead owned and occupied by him as a residence; 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 VII, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof the following paragraph:
"The homestead of each resident of the Pierce County School District who is 62 years of age or over and who does not have an in come from all sources, including the income of all members of the family residing within said homestead, exceeding $12,000.00 per an num, is hereby granted an exemption of $10,000.00 of its assessed value from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an af fidavit of the owner of the homestead is filed with the Tax Receiver of Pierce County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiv ing the benefits of the exemption granted by this paragraph as will enable the tax receiver to make a determination as to whether such owner is entitled to said exemption. The tax receiver shall provide af fidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifica tions provided for in this paragraph. In such instances, such exemp tions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing in such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 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.

FRIDAY, MARCH 12, 1982

2111

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 each resident of the Pierce County School District who is
[ ] NO 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted a homestead ex emption of $10,000.00 from all Pierce County School District ad valorem taxes?''
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the 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 Barnes Bell Bond Bowen Brannon Brown of 47th Cobb Coleman Coverdell Deal Eldridge English Engram Evans

Fincher of 52nd Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Ballard Barker Brantley Broun of 46th Bryant

Dean Fincher of 54th Hudgins Land

Summers Thompson Timmons Wessels (excused)

2112

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
HR 713. By Representative Chamberlin of the 73rd:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments shall be exempt from certain county ad valorem taxes in Henry County; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Paragraph IV of Section I of Article VII of the Constitution is amended by adding at the end thereof a new paragraph to read as follows:
"All capital improvements of each new manufacturing establish ment located in Henry County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for three years from the time of its establishment provided such establishment has capital improvements of $ 1 million or more. For the purpose of this exemption, the term 'manufacturing establishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fabricating, or changing things into new forms for use or in refining, rectifying, or combining different materials for use. The term 'capital improvements' shall mean and include buildings, machinery, and equipment directly connected with the manufactur ing process."
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 certain capital improvements of new manufacturing
[ ] NO establishments shall be exempt from all Henry County ad valorem taxes, except taxes for school purposes, for three years from their establishment?"
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.

FRIDAY, MARCH 12, 1982

2113

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 Barnes Bell Bond Bowen Brannon Brown of 47th Cobb Coleman Coverdell Deal Eldridge English Engram Evans

Fincher of 52nd Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Ballard Barker Brantley Broun of 46th Bryant

Dean Fincher of 54th Hudgins Land

Summers Thompson Timmons Wessels (excused)

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 736. By Senators Brannon of the 51st and Cobb of the 28th:
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 require persons, firms, or corporations which sell certain types of flashing or revolving blue, red, or amber lights to provide certain infor mation to law enforcement agencies; to amend the Official Code of Georgia Annotated accordingly.

2114

JOURNAL OF THE SENATE

Senator Brannon of the 51st offered the following amendment:

Amend SB 736 by striking on Page 2, line 9, the language "48-8-91' and inserting in lieu thereof the following:
"40-8-91".

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bell Bond Bowen Brannon Brown of 47th Cobb Coleman Coverdell Deal Eldridge English Engram

Evans Fincher of 52nd Foster Garner Gillis Greene Hill Hollo way Horton Howard Hudson Kennedy Kidd Lester

Those not voting were Senators:

Ballard Barker Brantley Broun of 46th Bryant

Dean Fincher of 54th Hudgins Land Tate

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Turner Tysinger Walker
Thompson Timmons Trulock Wessels (excused)

On the passage of the bill, the yeas were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

FRIDAY, MARCH 12, 1982

2115

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. on Monday, March 15, and the motion prevailed.

At 7:57 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. on Monday, March 15.

Journal of the Senate 1982 continued in Volume II. Volume II has the complete index for both Volume I and Volume II and contains the extraordinary session of 1982.

2116

JOURNAL OF THE SENATE

Journal of the Senate 1982 continued in Volume II. Volume II has the complete index for both Volume I and Volume II and contains the extraordinary session of 1982.