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 II

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 II
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

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Senate Chamber, Atlanta, Georgia Monday, March 15, 1982
Thirty-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 the proceedings of Friday, March 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 bills of the Senate were introduced, read the first time and referred to committees:

SB 780. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act creating the Magistrate's Court of Glynn County, as amended, so as to change the compensation of the deputy magistrate. Referred to Committee on County and Urban Affairs.

SB 781. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act relating to public education in Glynn County, and the several Acts amendatory thereof, so as to provide that the Board of Education of Glynn County shall at all times consist of two members elected from each county commissioner district in Glynn 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 House and has instructed me to report the same back to the Senate with the following recommendations:
SB 729. Do pass as amended. SB 737. Do pass by substitute. SB 757. Do pass as amended. HB 1411. Do pass.

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HB 1609. Do pass. HB 1610. Do pass. HB 1700. Do pass as amended. HB 1705. Do pass. HB 1731. Do pass as amended. HB 1732. Do pass as amended. HB 1766. Do pass. HB 1768. Do pass. HB 1775. Do pass. HB 1779. Do pass. HB 1782. Do pass. HB 1785. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Natural Resources and Environmental Quality 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 346. Do pass. SR 361. Do pass. HB 1381. Do pass. HB 1270. Do pass as amended.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

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

SB 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 compensation, so as to change the compensation of the clerk and the judge of the probate court; to provide an effective date.

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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.

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 appointments 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.

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 Annotated, relating to coroners, so as to create the Georgia Coroner's Training 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.

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.

SR 344. By Senator Hudgins of the 15th:
A resolution creating the Senate Study Committee on Suspension and Discipline in Schools.

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 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 definitions; to require registration with the Commissioner of Securities.

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HB 1210. By Representative Edwards of the 110th:
A bill to amend Code Section 79A-828, relating to forfeitures, so as to provide for the forfeiture of certain objects and materials; to amend the Official Code of Georgia Annotated accordingly.

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.

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 departments or agencies thereof, so as to provide for the payment of certain claims against the state by the Claims Advisory Board.

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.

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.

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.

HB 1467. By Representatives Culpepper of the 98th, Walker of the 115th, Snow of the 1st and others:
A bill to amend Code Section 91 A-1361, relating to issuance of tax executions, so as to change provisions concerning fees charged on tax executions; to amend the Official Code of Georgia Annotated accordingly.

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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 installations and military facilities of the United States; 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 Transit 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.

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 administration; to provide for certificates of competency to be issued to persons authorized to engage in the installation, repair, alteration, addition, maintenance, or inspection of fire protection sprinkler systems or water-sprayed systems; to provide for examinations.

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.

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 according to the United States decennial census of 1980 or any future such census.

HB 1634. By Representative Nicholson of the 88th:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior courts, so as to change the fees for recording and indexing financing statements.

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2125

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.

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 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.

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.

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 provide for a homestead exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $50,000.00 from all ad valorem taxes levied and collected by the city-

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

Allgood Barker Barnes Bond Bowen Brannon Brantley

Bryant Cobb Coleman Coverdell Eldridge English Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway

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Horton Howard Hudgins Hudson Kennedy Kidd Land Lester
Littlefield

McGill McKenzie Robinson Scott Starr Stephens Summers Sutton

Those not answering were Senators:

Ballard Bell Broun of 46th Brown of 47th

Deal Dean Evans

Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Hill Reynolds Stumbaugh

Senator Holloway of the 12th introduced the chaplain of the day, Dr. C. E. Wells, pastor of the Bethel A.M.E. Church, Albany, Georgia, who offered scripture reading and prayer.
Senator Greene of the 26th introduced the doctor of the day, Dr. Fred Rankin, of Macon, Georgia.
SENATE RULES CALENDAR Monday, March 15, 1982
THIRTY-FIFTH LEGISLATIVE DAY
HB 1585. Possession of Firearms by Convicted Felons relief from disabilities (SUBSTITUTE) (Judy - 26th)
HB 1450. Persons in Loco Parentis liability for damage of public school property (SUBSTITUTE) (Judy - 26th)
HB 1403. County Law Library uses of funds paid to board of trustees' treasurer (AMENDMENT) (Judy- 17th)
SR 339. Motor Vehicle Safety Inspection Study Committee create (Pub Saf - 44th)
HB 1550. Minors' Bank Deposits third-party payment accounts (BF&I -43rd)
SR 359. Railroad Retirement System urge congressional budget committees to reject reorganization (Rules - 7th)
HB 425. Architects exempt certain persons from registering (SUBSTITUTE) (IL&Tou - 43rd)
HB 1363. Board for Certification of Librarians continue (H Ed - 17th)

MONDAY, MARCH 15, 1982

2127

HR 592. C. L. Moss Parkway--designate (Trns-31st)
HB 774. Mobile Home--change to "manufactured home" (SUBSTITUTE) (IL&Tou - 28th)
SR 336. Alcohol Abuse Study Committee--create (Rules - 32nd)
HR 668. Savannah, Chatham County--conveyance of easement over stateowned property (Pub U - 1st)
HB 1206. Military, Police, Patrol, Road Duty--women not exempt (S Judy -2nd)
HR 624. Ware County--conveyance of certain state-owned property (Pub U -7th)
SR 342. Joint Penal System Study Committee--create (Off R - 52nd)
HB 780. Health Code--revise laws relating to vital records (Hum R - 42nd)
HR 593. Clem Holland Memorial Bridge--designate (Trns-31st)
HB 1268. Sheriffs' Retirement Fund--investment in common stocks (AMENDMENT) (Ret - 38th)
HB 1601. Boating Safety Zones--consistent with public safety at certain dams (NREQ - 19th)
HB 1349. Controlled Substances--redefine "counterfeit substance" (SUBSTITUTE) (Pub Saf - 28th)
SR 341. Stamp Honoring Martha Berry--urge Congress to support issuance (Rules - 52nd)
HB 1401. Upper Savannah River Development Authority--create (SUBSTITUTE) (NREQ- 47th)
HR 265. Armadillo Olympics Day--proclaiming (Rules - 6th)
HB 739. Nonresident Motor Vehicle Registration--definitions (Trns - 6th)
HR 715. Joint Committee on Farm Winery Laws--create (IL&Tou - 45th)
HB 1525. Game and Fish Prosecutions--no report to Department of Natural Resources by superior court clerks (NREQ- 21st)
Respectfully submitted,
Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

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

HB 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.
Senate Sponsor: Senator Greene of the 26th.

The Senate Committee on Judiciary offered the following substitute to HB 1585:

AN ACT
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 under certain circumstances; to amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to the possession of firearms by con victed felons, so as to provide therein for the same changes provided for above; 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 Section 26-2914, relating to the possession of firearms by convicted felons, is amended by striking subsection (d) of said Code section in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, ship ment, or possession of firearms by the Secretary of the Treasury pur suant to 18 U.S.C. 925, shall, upon presenting to the Board of Public Safety proof that such relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this section. A record that such relief has been granted by the board shall

MONDAY, MARCH 15, 1982

2129

be entered upon the criminal history of such person maintained by the Georgia Crime Information Center and said board shall maintain a list of the names of such persons which shall be open for public in spection."
Part 2
Section 2. Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to the possession of firearms by convicted felons, is amended by striking subsection (d) of said Code section in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, ship ment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the appli cant to the satisfaction of the Board of Public Safety that the cir cumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Infor mation Center and the board shall maintain a list of the names of such persons which shall be open for public inspection."
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 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.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Ballard Brannon Coverdell Fincher of 54th

Land Lester Reynolds

Summers Thompson Timmons

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 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. Senate Sponsor: Senator Greene of the 26th.

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The Senate Committee on Judiciary offered the following substitute to HB 1450:

A BILL
To be entitled an Act to amend an Act relating to liability for malicious acts of children, approved March 10, 1966 (Ga. L. 1966, p. 424), as amended, so as to change the persons who may be liable for cer tain acts; to change the maximum amount of liability; 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. An Act relating to liability for malicious acts of children, approved March 10, 1966 (Ga. L. 1966, p. 424), as amended, is amended by replacing Section 1 with a new section to read as follows:
"Section 1. Every parent having the custody and control over a minor child or children under the age of eighteen shall be liable in an amount not to exceed $5,000.00 plus court costs for the willful or malicious acts of said minor child or children resulting in damage to the property of another. This Act shall be cumulative and shall not be restrictive of any remedies now available to any person, firm or cor poration for injuries or damages arising out of the acts, torts or negligence of a minor child under the 'family-purpose car doctrine' or any statutes now in force and effect in the State of Georgia."
Part 2
Section 2. Code Section 51-2-3 of the Official Code of Georgia An notated, relating to liability for malicious acts of children, is amended by replacing subsection (a) with a new subsection to read as follows:
"(a) Every parent having the custody and control over a minor child or children under the age of 18 shall be liable in an amount not to exceed $5,000.00 plus court costs for the willful or malicious acts of the minor child or children resulting in damage to the property of another."
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.

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Senators Greene of the 26th and Barnes of the 33rd offered the following amendment:

Amend the substitute to HB 1450 offered by the Senate Committee on Judiciary by adding on Page 1, line 14, and on Page 2, line 6 after the word "parent" the following:
"or guardian".

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bell 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 Lester Littlefield McGill

Those not voting were Senators:

Ballard Barker Bond

Brannon Fincher of 52nd

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

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

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2133

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 1450.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
Pursuant to Code Section 47-1303, which reads in part as follows; "Any bill having a significant impact on the anticipated revenue or expenditure level of any State department, bureau, board, council, committee, commission or other State agency must be introduced no later than the 20th day of any session.", the follow ing bill of the Senate is returned herewith for non-compliance with said code sec tion:
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.
The following general bills and resolutions of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:
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. Senate Sponsor: Senator Horton of the 17th.
The Senate Committee on Judiciary offered the following amendment:
Amend HB 1403 by adding in the title before the words "to provide an effective date" the following:
"to provide certain exceptions based on population;".

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By adding at the end and as a part of the language quoted as subsec tion (a) in Section 2 of said bill the following:
"In any county having a population of more than 550,000 accord ing to the United States decennial census of 1980 or any future such census, the power and authority provided in this subsection for the chief judge shall be exercised by the superior court judge who has the most service as a superior court judge."

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 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 Hudson Kennedy Kidd Lester Littlefield

Those not voting were Senators:

Ballard Garner

Holloway Land

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

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

MONDAY, MARCH 15, 1982

2135

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.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Ballard Brannon Coverdell

Garner Hudgins Land

Reynolds Summers

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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.
Senate Sponsors: Senators Scott of the 43rd and Turner of the 8th.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bell Bowen Brantley Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram Evans

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

McGill McKenzie Robinson Scott Stephens Stumbaugh Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Barker Bond Brannon Broun of 46th

Coverdell Garner Howard Land

Reynolds Starr Summers Thompson

On the passage of the bill, the yeas were 43, nays 0.

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

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.

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

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2137

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 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 Hudson
Kennedy Kidd Land Lester Littlefield

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

Those not voting were Senators:

Ballard Brannon Broun of 46th

Coverdell Howard Hudgins

McKenzie Reynolds Summers

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

The resolution, having received the requisite constitutional majority, was adopted.
HB 425. By Representatives Cason of the 96th, Harrison and Isakson of the 20th and Watson of the 114th:
A bill to amend Code Chapter 84-3, relating to architects, so as to change the provisions relating to the exemption of certain persons from register ing as architects.
Senate Sponsor: Senator Scott of the 43rd.

The Senate Committee on Industry, Labor and Tourism offered the following substitute to HB 425:
A BILL
To be entitled an Act to amend Code Chapter 84-3, relating to ar chitects, as amended, so as to change the provisions relating to the ex emption of certain persons from registering as architects; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Chapter 84-3, relating to architects, as amended, is amended by striking from Code Section 84-321, relating to employers of registered architects, professional engineers, and others, as amended, the following:
"$50,000.00",
and inserting in lieu thereof the following:
"$100,000.00",
so that when so amended Code Section 84-321 shall read as follows:
"84-321. Employees of registered architects, professional engineers and others.--In order to safeguard life and property no per son shall be allowed to practice architecture unless he has the qualifications and competency required by this Chapter. Nothing con tained in this Chapter shall prevent draftsmen, students, project representatives, administrators and other employees of those lawfully practicing as registered architects under the provisions of this Chapter, from acting under the instructions, control or direction of their employers. No person shall be required to register as an architect in order to make plans and specifications for or supervise the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any one or two-family residence buildings, regardless of cost, or any domestic out-building appurtenant to any such one or two-family residences regardless of cost, or of any other type building costing less than $100,000.00 (except schools, auditoriums, or other buildings intended for the mass assemblage of people or group housing projects whether they be single, double or multi-family). Nor shall anything in this Chapter be held to prevent registered professional engineers or their employees or subordinates under their responsible supervising control from performing architec tural services which are purely incidental to their engineering prac tice, provided, however, that registered architects or their employees or subordinates under their responsible supervising control may per form engineering services which are purely incidental to their ar chitectural practice. However, no professional engineer shall practice architecture or use the designation 'architect' or any term derived therefrom unless registered under this Chapter, and no architect shall practice professional engineering or use the term 'engineer' or any term derived therefrom unless he also is qualified and registered as such engineer as provided by law. Otherwise any person who shall be engaged in the planning or design for the erection, enlargement or alteration of any building or group of buildings for others, or fur nishing architectural administration of construction contracts thereof shall be deemed to be practicing architecture and be required to register under this Chapter, and to secure all renewals of such registration as conditioned precedent to his so doing. The term 'building' in this Chapter shall be as defined under Section 84-301."

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Part 2
Section 2. Code Section 43-4-14 of the Official Code of Georgia An notated, relating to employees of registered architects, professional engineers, and others, is amended by striking said Code section in its en tirety and inserting in lieu thereof a new Code Section 43-4-14 to read as follows:
"43-4-14. In order to safeguard life and property, no person shall be allowed to practice architecture unless he has the qualifications and competency required by this chapter. Nothing contained in this chapter shall prevent draftsmen, students, project representatives, ad ministrators, and other employees of those lawfully practicing as registered architects under this chapter from acting under the instruc tions, control, or direction of their employers. No person shall be re quired to register as an architect in order to make plans and specifica tions for or supervise the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any one or twofamily residence buildings, regardless of cost, or any domestic out building appurtenant to any such one- or two-family residences regardless of cost, or of any other type building costing less than $100,000.00 (except schools, auditoriums, or other buildings intended for the mass assemblage of people or group housing projects whether they be single, double, or multifamily). Nothing in this chapter shall be held to prevent registered professional engineers or their employees or subordinates under their responsible supervising con trol from performing architectural services which are purely inciden tal to their engineering practice; provided, however, that registered architects or their employees or subordinates under their responsible supervising control may perform engineering services which are purely incidental to their architectural practice. However, no profes sional engineer shall practice architecture or use the designation 'ar chitect' or any term derived therefrom unless registered under this chapter; and no architect shall practice professional engineering or use the term 'engineer' or any term derived therefrom unless he also is qualified and registered as an engineer as provided by law. Other wise, any person who is engaged in the planning or design for the erection, enlargement, or alteration of any building or group of buildings for others or furnishing architectural administration of con struction contracts thereof shall be deemed to be practicing architec ture and be required to register under this chapter and to secure all renewals of such registration as a condition precedent to his so doing."
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.

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Senator Tysinger of the 41st offered the following amendment:

Amend the substitute to HB 425 offered by the Senate Committee on Industry, Labor and Tourism by striking in Section 1, Page 1, line 16 and substituting the following:
"provided that these buildings meet the provisions of Code Sec tion 25-2-13(b)";
and
by striking on lines 10 and 11, Page 2, the following:
"costing less than $100,000.00"
and inserting in lieu thereof the following:
"provided that these buildings meet the provisions of Code Sec tion 25-2-13(b|".

On the adoption of the amendment, the yeas were 13, nays 21, and the amend ment was lost.

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 Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th 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 Walker Wessels

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Those voting in the negative were Senators:

Coleman Evans

Hudson

Tysinger

Those not voting were Senators:

Barker Coverdell

Greene

Holloway

On the passage of the bill, the yeas were 48, nays 4.

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

HB 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.
Senate Sponsor: Senator Horton of the 17th.

Senator Horton of the 17th offered the following amendment:

Amend HB 1363 by striking on Page 7, lines 22 and 23 the following: "with the approval of the Secretary of State".

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen

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

Deal Dean Eldridge English Engram Evans Fincher of 52nd

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Foster Garner Gillis Greene Holloway Horton Howard Hudgins Kennedy Kidd

Land Lester McGill McKenzie Reynolds Robinson Scott Starr Stephens

Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

Those not voting were Senators:

Coverdell Fincher of 54th Hill

Hudson Littlefield

Summers Tysinger

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

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

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1363.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

HR 592. By Representative Ralston of the 7th: A resolution designating the C. L. Moss Parkway. Senate Sponsor: Senator Dean of the 31st.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell

Bond Brannon Brantley Broun of 46th Brown of 47th

Bryant Cobb Deal Dean Eldridge

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English Engram Evans Fincher of 52nd Foster Garner Gillis Greene Howard Hudgins

Kennedy Kidd Land Lester McGill McKenzie Reynolds Robinson Scott Starr

Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

Those not voting were Senators:

Bowen Coleman Coverdell Fincher of 54th

Hill Holloway (presiding) Horton Hudson

Littlefield Summers Tysinger

On the adoption of the resolution, the yeas were 45, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1908. By Representative Adams of the 79th: A bill to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia pertaining to the City of Molena in the County of Pike; to provide a new charter therefor; to organize the municipal government thereof; to prescribe the corporate limits.
HB 1909. By Representative Adams of the 79th: A bill to amend an Act increasing the compensation of the chairman and other members of the board of commissioners of Upson County, so as to provide for the reimbursement of expenses of the chairman and other members of the board of commissioners.

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HB 1910. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the amount payable for clerical help in that of fice.

HB 1911. By Representative Edwards of the 110th:
A bill to amend an Act abolishing the present mode of compensating the Ordinary of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the provisions relative to the authority of the judge of the probate court to appoint certain person nel.

HB 1912. By Representative Edwards of the 110th:
A bill to amend an Act abolishing the mode of compensating the Clerk of the Superior Court of Taylor County, known as the fee system, and pro viding in lieu thereof an annual salary, so as to change certain provisions relative to the authority of the clerk to appoint personnel.

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

HR 563. By Representative Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to authorize the board of commissioners of Ware County to create the office of county manager, appoint and remove the county manager, fix his com pensation, and prescribe his duties, powers, and responsibilities.

HR 792. By Representatives Williams of the 48th, Childs of the 51st, Richardson of the 52nd and others:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the DeKalb County School District who is 65 years of age or over and whose gross income does not exceed $ 10,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence.

HR 793. By Representatives Childs of the 51st, Richardson of the 52nd, Steinberg of the 46th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes.

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HR 813. By Representatives Matthews of the 145th and Collins of the 144th:
A resolution proposing an amendment to the Constitution so as to re quire the tax commissioner of Colquitt County to collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official and to require the revenue derived from the col lection of such fee to be used to fund emergency medical services in Col quitt County.

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:

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".
Senate Sponsor: Senator Cobb of the 28th.
The Senate Committee on Industry, Labor and Tourism offered the following substitute to HB 774:
A BILL
To be entitled an Act to amend an Act known as "The Uniform Stan dards Code for Mobile Homes Act," approved February 12, 1973 (Ga. L. 1973, p. 4), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 491) and by an Act approved April 17, 1979 (Ga. L. 1979, p. 1286), so as to change the definition of "mobile home"; to replace the term "mobile home" with "manufactured home"; to eliminate the require ment for certain submissions; to eliminate certain exceptions; provide for remedies and civil penalties for failure of dealers and manufacturers to obtain a license; to provide for administrative hearings and presentation of views; to amend Code Section 91A-1921, relating to the definition of mobile homes, so as to change the definition of "mobile home" to "manufactured home"; 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. An Act known as "The Uniform Standards Code for Mobile Homes Act," approved February 12, 1973 (Ga. L. 1973, p. 4), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 491) and by an Act approved April 17, 1979 (Ga. L. 1979, p. 1286), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Sec tion 1 to read as follows:
"Section 1. Short title. This Act shall be known and may be cited as 'The Uniform Standards Code for Manufactured Homes Act.' "

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Section 2. Said Act is further amended by striking the terms "mobile home" and "mobile homes" wherever the same appear and inserting in lieu thereof the terms "manufactured home" and "manufactured homes", respectively.
Section 3. Said Act is further amended by striking subsection (a) of Section 2 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) 'Manufactured home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a per manent foundation when connected to the required utilities and in cludes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this subsection except the size re quirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of Housing and Urban Development and complies with the standards established under The National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq."
Section 4. Said Act is further amended by striking Section 6 in its en tirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. Remedies, (a) Any dealer or manufacturer who fails to apply for or obtain a license as required by Section 5, or who fails to remit the appropriate license fee as stated in Section 5, shall be subject to a civil penalty not to exceed $100.00 for each day that such viola tion persists, except that the maximum civil penalty shall not exceed $20,000.00 for any one violation.
(b) Any such civil penalty may be imposed by the Commissioner only after notice and hearing as provided for in Section 8 of this Act. The amount of such penalty may be collected by the Commissioner in the same manner that money judgments are now enforced in the superior courts of this state.
(c) In addition to any such civil penalty, the Commissioner may bring a civil action to enjoin any violation of Section 5, and it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law."
Section 5. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Hearings and presentation of views, (a) Any hearing conducted under the provisions of this chapter or of said rules and regulations promulgated hereunder shall be in accordance with the 'Georgia Administrative Procedure Act.'

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(b) The Commissioner shall be authorized to determine by regula tion the manner in which he will conduct presentations of views as re quired during his participation as the Georgia State Administrative Agency pursuant to the National Mobile Home Construction and Safe ty Standards Act of 1974, 42 U.S.C. Section 5401, et seq."
Section 6. Code Section 91A-1921, relating to the definition of mobile homes, is hereby amended by striking said Code section in its en tirety and inserting in lieu thereof a new Code Section 91A-1921 to read as follows:
"91 A-1921. Mobile homes defined. For the purposes of this Chapter, 'mobile homes' means manufactured homes and relocatable homes as defined by Section 2 of 'The Uniform Standards Code for Manufactured Homes Act.' Those mobile homes which qualify the taxpayer for homestead exemption under Georgia law shall not be considered mobile homes and subject to the provisions of this Chapter."
Part 2
Section 7. Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory-built dwelling units, is amended by striking Part 2 of said article in its entirety and inserting in lieu thereof a new Part 2 to read as follows:
"Part 2
8-2-130. This part shall be known and may be cited as 'The Uniform Standards Code for Manufactured Homes Act.'
8-2-131. As used in this part, the term:
(1) 'Commissioner' means the Georgia Safety Fire Commissioner.
(2) 'Manufactured home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a per manent foundation when connected to the required utilities and in cludes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size re quirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, etseq.
8-2-132. (a) Because of the manner of construction, assembly, and use of manufactured homes and their systems, components, and appliances (including heating, plumbing, and electrical systems), these types of dwellings may, like other finished products having con cealed vital parts, present hazards to the health, life, and safety of per-

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sons and to the safety of property unless properly manufactured. In the sale of manufactured homes, there is also the possibility of defects not readily accertainable when inspected by purchasers. Accordingly, it is the policy and purpose of this state to provide protection to the public against those possible hazards and, for that purpose, to forbid the manufacture and sale of new manufactured homes which are not so constructed as to provide reasonable safety and protection to their owners and users.
(b) The Commissioner is authorized and directed to investigate and examine engineering and construction practices and techniques; the properties of construction materials used in the construction and assembly of manufactured homes; electrical, plumbing, heating, and other systems and appliances used in manufactured homes; fire prevention and protective techniques; and other measures to promote the safety of persons and property and to protect the health of users of manufactured homes.
(c) The Commissioner is authorized and empowered to issue and promulgate all rules and procedures which in his judgment are necessary and desirable to make effective the construction standards so established.
(d) The Commissioner is authorized and empowered to contract or enter into cooperative agreements with any agency, department, or instrumentality of the United States; any agency, board, department, or commission of this state; any county, municipality, or local govern ment of the state, or any combination of same; any public or private corporation, firm, or any persons whatsoever; or any public authority, agency, commission, or institution, as may be necessary to implement his responsibilities under this part, to further the stated policy and purposes thereof, or to participate in the enforcement of manufac tured home construction and safety standards which may be prom ulgated pursuant to the National Mobile Home Construction and Safe ty Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
8-2-133. The Commissioner is charged with the administration of this part. He may make, amend, alter, and repeal general rules and regulations of procedure to carry into effect this part, to obtain statistical data concerning manufactured homes, and to prescribe means, methods, and practices to make this part effective. The Com missioner may also make such investigations and inspections as in his judgment are necessary to enforce and administer this part.
8-2-134. No person may manufacture, sell, or offer for sale any manufactured home unless such manufactured home and its com ponents, systems, and appliances have been constructed and as sembled in accordance with rules issued by the Commissioner for the purpose of affording reasonable protection to persons and property with respect to the construction, assembly, and sale of such manufac tured homes and unless compliance with such rules is shown in the manner required by the Commissioner's rules.

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8-2-135. (a) Every manufacturer who manufactures manufac tured homes outside the State of Georgia and who sells or offers for sale a manufactured home in Georgia shall apply for and obtain a license.
(b) Every manufacturer who manufactures manufactured homes in Georgia shall apply for and obtain a license.
(c) Every dealer who sells or offers for sale manufactured homes in Georgia shall apply for and obtain a license.
(d) Applications for licenses and renewal licenses shall be obtain ed from the Commissioner and submitted to him on or before January 1 of each year. All applicants shall certify in the application that all construction, electrical, heating, and plumbing standards will be com plied with as set forth in this part and in the rules and regulations of the Commissioner.
(e) The license and renewal license fee shall be $200.00 per manufacturing plant which manufactures manufactured homes within the State of Georgia; $200.00 per out-of-state manufacturing plant which manufactures manufactured homes for the purpose of of fering for sale, or having such homes sold, within the State of Georgia; and $100.00 per dealer location which sells, offers for sale, or transports to sell such homes within the State of Georgia. The license shall be valid from January 1 through December 31 of the year in which it was issued. The fee for delinquent renewal applications received after January 10 of each year shall be double the regular an nual renewal fee.
(f) During such time as the Commissioner's office is acting as a primary inspection agency pursuant to Section 623 of the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or the regulations issued thereunder, every manufacturer who manufactures manufactured homes in Georgia shall pay to the Commissioner a manufacturing fee of $8.00 for each manufactured home manufactured in Georgia, irrespective of whether the manufactured home is offered for sale in this state.
(g) During such time as the Commissioner's office is acting as a primary inspection agency pursuant to Section 623 of the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., the Commissioner may adopt a monitor ing inspection fee not to exceed the amount established by the secretary of housing and urban development. This monitoring inspec tion fee shall be an amount paid by each manufactured home manufacturer in Georgia for each manufactured home manufactured in this state. The monitoring inspection fee shall be paid by the manufacturer to the secretary of housing and urban development or to the secretary's agent for distribution in accordance with the Na tional Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., and the regulations promulgated thereunder.

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8-2-136. Each manufacturer, distributor, and dealer of manufac tured homes shall establish and maintain such records, make such reports, and provide such information as the Commissioner or the secretary of housing and urban development may reasonably require in order to be able to determine whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this part or with the National Mobile Home Construction and Safety Stan dards Act of 1974, 42 U.S.C. Section 5401, et seq. Upon the request of a person duly designated by the Commissioner or the secretary of housing and urban development, each manufacturer, distributor, and dealer shall permit that person to inspect appropriate books, papers, records, and documents relevant to determining whether the manufacturer, distributor, or dealer has acted or is acting in com pliance with this part or with the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
8-2-137. (a) Any hearing conducted under the provisions of this chapter or of the rules and regulations promulgated under this part shall be in accordance with Chapter 13 of Title 50 of the Official Code of Georgia Annotated.
(b) The Commissioner shall be authorized to determine by regula tion the manner in which he will conduct presentations of views as re quired during his participation as the Georgia State Administrative Agency pursuant to the National Mobile Home Construction and Safe ty Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
8-2-138. Dealers are expressly prohibited from altering or modi fying any manufactured home certified under this part and under the rules and regulations of the Commissioner, except that alterations, changes, or modifications may be made by dealers certified to make such alterations, changes, or modifications in accordance with rules and regulations promulgated by the Commissioner.
8-2-139. (a) No person may interfere with, obstruct, or hinder an authorized representative of the Commissioner who displays proper department credentials in the performance of his duties as set forth in this part.
(b) The Commissioner or any of his authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this part, are authorized during regular business hours and without advance notice to enter and inspect all facilities, warehouses, or establishments in the State of Georgia in which manufactured homes are manufactured.
(c) The Commissioner or any of his authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this part, are authorized during regular business hours and without advance notice to enter upon and inspect all premises in the State of Georgia in which manufactured homes are being sold.
8-2-140. Any authorized representative of the Commissioner may, upon displaying proper department credentials, stop and inspect any new manufactured home in transit in order to ascertain if the

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manufactured home complies with this part and the rules and regula tions promulgated hereunder, provided that the manufactured home has been manufactured in this state or has been transported into this state for the purpose of sale within this state.
8-2-141. (a) Any dealer or manufacturer who fails to apply for or obtain a license as required by Code Section 8-2-135 or who fails to remit the appropriate license fee as stated in Code Section 8-2-135 shall be subject to a civil penalty not to exceed $100.00 for each day that such violation persists, except that the maximum civil penalty shall not exceed $20,000.00 for any one violation.
(b) Any such civil penalty may be imposed by the Commissioner only after notice and hearing as provided for in Code Section 8-2-137. The amount of such penalty may be collected by the Commissioner in the same manner that money judgments are now enforced in the superior courts of this state.
(c) In addition to any such civil penalty, the Commissioner may bring a civil action to enjoin any violation of Code Section 8-2-135, and it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law.
8-2-142. If any state or foreign country imposes upon Georgiadomiciled manufactured home manufacturers (or upon their agents or representatives) any taxes, licenses, or other fees in the aggregate, or any fines, penalties, or other material obligations, prohibitions, or restrictions, for the privilege of doing business in that state or country, which costs, obligations, prohibitions, or restrictions are in excess of similar costs, obligations, prohibitions, or restrictions imposed by the State of Georgia upon manufactured home manufacturers (or their agents or representatives] which are domiciled in that state or foreign country and which are doing business or are seeking to do business in the State of Georgia, then so long as that state or foreign country con tinues to impose such costs, obligations, prohibitions, or restrictions upon Georgia-domiciled manufactured home manufacturers (or their agents or representatives), the State of Georgia shall impose upon manufactured home manufacturers (or their agents or represen tatives) which are domiciled in that state or foreign country and which are doing business or are seeking to do business in Georgia the same costs, obligations, prohibitions, or restrictions which are imposed by that state or foreign country on Georgia-domiciled manufactured home manufacturers (or their agents or representatives) which are doing business or seeking to do business in that state or foreign coun try. Any tax, license, or other fee or other obligation imposed by any city, county, or other political subdivision or agency of such other state or country on manufactured home manufacturers domiciled in Georgia (or their agents or representatives) shall be deemed to be im posed by such state or country within the meaning of this Code sec tion.
8-2-143. (a) Any person in this state who violates any provision of Section 610 of the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or any regula tion or final order issued thereunder, shall be liable to the State of

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Georgia for a civil penalty not to exceed $ 1,000.00 for each such viola tion. Each violation of Section 610 of the aforementioned act or of any regulation or order issued thereunder shall constitute a separate viola tion with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation.
(b) An individual or a director, officer, or agent of a corporation who knowingly and willfully violates any provision of Section 610 of the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., in a manner which threatens the health or safety of any purchaser shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.00 or be imprisoned for not more than 12 months, or both."
Section 8. Code Section 48-5-440 of the Official Code of Georgia An notated, relating to definitions as used in certain ad valorem taxation, is amended by striking paragraph (2) of said Code section in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Mobile homes' means manufactured homes and relocatable homes as defined in Part 2 of Article 2 of Chapter 2 of Title 8 of the Of ficial Code of Georgia Annotated. Any mobile home which qualifies the taxpayer for a homestead exemption under the laws of this state shall not be considered a mobile home nor subject to this article."
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 effectie 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 30, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard 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 Howard Kennedy Kidd Land Lester Littlefield McGill

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

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Barker Bowen Holloway (presiding)

Horton Hudgins

Hudson McKenzie

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

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

SR 336. By Senator Thompson of the 32nd: A resolution creating the Alcohol Abuse Study Committee.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Barker Bowen Evans

Holloway (presiding) Hudgins

Hudson McKenzie

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

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

Senator Ballard of the 45th gave notice that, at the proper time, he would move that the Senate reconsider its action in adopting SR 336.

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.
Senate Sponsor: Senator Coleman of the 1st.

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

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2155

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

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

Those not voting were Senators:

Barker Bowen

Coverdell Garner

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Holloway (presiding) Littlefield

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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. Senate Sponsor: Senator Wessels of the 2nd.

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

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

English Engram Evans Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Brannon Fincher of 52nd

Fincher of 54th

Summers

Those not voting were Senators:

Bowen Holloway (presiding)

Littlefield Starr

Trulock

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

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

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.
Senate Sponsor: Senator Eldridge of the 7th.

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

MONDAY, MARCH 15, 1982

2157

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

Those voting in the affirmative were Senators:

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

Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Howard Kennedy Kidd Land Lester Littlefield

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

Those not voting were Senators:

Bowen Evans Greene

Holloway (presiding) Hudgins Hudson

Starr Stephens Stumbaugh

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

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

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

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.

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The House amendment was as follows:

Amend the Senate Substitute to HB 1384 by striking from lines 22 through 26 of Page 1 the following:
"operating fund of the sheriff's department 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.' ",
and inserting in lieu thereof the following:
"general fund of the county treasury as directed by the county governing authority. Such proceeds may be used for any purpose for which general county funds may lawfully be used.' "
By striking from lines 13 through 17 of Page 2 the following:
"operating fund of the sheriff's department 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.' ",
and inserting in lieu thereof the following:
"general fund of the county treasury as directed by the county governing authority. Such proceeds may be used for any purpose for which general county funds may lawfully be used.' "

Senator Howard of the 42nd moved that the Senate agree to the House amend ment to the Senate substitute to HB 1384.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman

Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Foster Gillis Greene Hill

Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson

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2159

Scott Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Trulock

Those not voting were Senators:

Bowen Brannon

Fincher of 54th Garner

Turner Tysinger Walker Wessels
Holloway (presiding) Hudson

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1384.

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

SR 342. By Senators Fincher of the 52nd and Kennedy of the 4th: A resolution creating the Joint Penal System 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 Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal

Dean Eldridge English Fincher of 52nd Foster Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land Lester

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Engram Evans Fincher of 54th

Garner Holloway (presiding) Hudson McKenzie

Starr Tate Timmons

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

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

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.
Senate Sponsor: Senator Howard of the 42nd.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Dean

Eldridge English Engram Evans Fincher of 52nd Gillis Greene Horton Howard Kennedy Kidd Lester Littlefield

McGill McKenzie Robinson Scott Starr Stephens Summers Sutton Thompson Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes Deal Foster

Garner Hill Reynolds

Stumbaugh Tate

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2161

Those not voting were Senators:

Brannon Coverdell Fincher of 54th

Holloway (presiding) Hudgins Hudson

Land Timmons Trulock

On the passage of the bill, the yeas were 39, nays 8. The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HR 593. By Representative Ralston of the 7th: A resolution designating the Clem Holland Memorial Bridge. Senate Sponsor: Senator Dean of the 31 St.
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 Bryant Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

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

Voting in the negative was Senator Stumbaugh.

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JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard Bell Brannon Coverdell

Fincher of 54th Garner Greene

Holloway Timmons Tysinger

On the adoption of the resolution, the yeas were 45, nays 1.

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

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.
Senate Sponsor: Senator Tate of the 38th.

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

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

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

DATE:

January 27, 1982

SUBJECT: Fiscal Note-House Bill 1268 (LC 3 1561) Sheriffs' Retirement Fund of Georgia

This Bill would allow the Board of Commissioners to invest up to 50% of the Fund's assets in common stocks and equities. The Fund's in vestments are currently governed by laws relating to the investments of domestic insurance companies, which allow up to 25% of reserve funds to be invested in common stocks.
The fiscal impact of this Bill (if any) will depend on how its provi sions affect the investment decisions of the Board of Commissioners. The Fund had 19.4% of its assets invested in common stocks as of June 30,

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2163

1981. The percentage of Fund assets invested in "equities" could not be determined since the term is not specifically defined in the Bill or the laws relating to domestic life insurance companies.

I si William M. Nixon State Auditor

Is/ Clark T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following amendment:
Amend HB 1268 by striking from line 26 of Page 1, line 29 of Page 2, line 13 of Page 3, line 23 of Page 3, and line 1 of Page 4 the figure "50" and inserting in lieu thereof in all five places the figure "35".

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 26, 1982

SUBJECT: Fiscal Note-House Bill 1268 (LC 3 1561) Senate Committee Amendment (AM 3 0074) Sheriffs' Retirement Fund of Georgia

This Bill, as amended, would allow the Board of Commissioners to invest up to 35% of the Fund's assets in common stocks and equities. The Fund's investments are currently governed by laws relating to the in vestments of domestic insurance companies, which allow up to 25% of reserve funds to be invested in common stocks.
The fiscal impact of this Bill (if any) will depend on how its provi sions affect the investment decisions of the Board of Commissioners. The Fund had 19.4% of its assets invested in common stocks as of June 30, 1981. The percentage of Fund assets invested in "equities" could not be determined since the term is not specifically defined in the Bill or the laws relating to domestic life insurance companies.

Is/ W. M. Nixon State Auditor

1st C. T. Stevens, Director Office of Planning and Budget

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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 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 Broun of 46th Bryant Cobb Coleman Deal Dean Eldridge English Engram

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

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

Those not voting were Senators:

Bell Brannon Brantley Brown of 47th

Coverdell Evans Greene Hill

Howard Sutton Turner Tysinger

On the passage of the bill, the yeas were 44, nays 0.

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

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.
Senate Sponsor: Senator Walker of the 19th.

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2165

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

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

Those voting in the affirmative were Senators:

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

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

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Bell Brantley Coverdell

Greene Howard Land

Sutton Trulock Tysinger

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

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

The following general bill of the House, having been read the third time on February 24 and committed to the Committee on Public Safety, and favorably reported by the committee, was put upon its passage:

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.

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JOURNAL OF THE SENATE

The Senate Committee on Public Safety offered the following substitute to HB 1349:
A BILL
To be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the definition of the term "counterfeit substance"; to define the term "noncontrolled substance"; to provide for the definition of addi tional terms; 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 or upon the express or implied representation that the substance is of such nature or appearance that the recipient of said delivery will be able to distribute said substance as a controlled substance or that the substance will have the same pharmacological ac tion or effect as a controlled substance; to make it unlawful to advertise certain noncontrolled substances under certain circumstances; to pro vide for prima-facie evidence of the implied representation; to provide that a certain belief on the part of the accused is no defense; to provide for exemptions; to provide for penalties; to provide for forfeiture of cer tain property; to provide for severability; to provide 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 16 of the Official Code of Georgia An notated, relating to controlled substances, is amended by striking in its entirety paragraph (6) of Code Section 16-13-21 and inserting in lieu thereof a new paragraph (6) to read as follows:
(6) 'Counterfeit substance' means:
(A) A controlled substance or noncontrolled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the controlled substance or noncontrolled substance;
(B) A controlled substance or noncontrolled substance, which is held out to be a controlled substance or marijuana, whether in a con tainer or not which does not bear a label which accurately or truthful ly identifies the controlled substance or noncontrolled substance con tained therein; or
(C) Any substance, whether in a container or not, which bears a label falsely identifying the contents as a controlled substance."
Section 2. Said chapter is further amended by adding after paragraph (28) of Code Section 16-13-21 a new paragraph (29) to read as follows:
"(29) 'Noncontrolled substance' means any drug or other substance other than a controlled substance as defined by paragraph (4) of this Code section."

MONDAY, MARCH 15, 1982

2167

Section 3. Said chapter is further amended by adding between Code Sections 16-13-30 and 16-13-31 a new Code section, to be designated Code Section 16-13-30.1, to read as follows:
"16-13-30.1. (a) (1) It is unlawful for any person knowingly to manufacture, deliver, distribute, dispense, possess with the intent to distribute, or sell a noncontrolled substance upon either:
(A) The express or implied representation that the substance is a narcotic or nonnarcotic controlled substance;
(B) The express or implied representation that the substance is of such nature or appearance that the recipient of said delivery will be able to distribute said substance as a controlled substance; or
(C) The express or implied representation that the substance has essentially the same pharmacological action or effect as a controlled substance.
(2) The definitions of the terms 'deliver,' 'delivery,' 'distribute,' 'dispense,' and 'manufacture' provided in Code Section 16-13-21 shall not be applicable to this Code section; but such terms as used in this Code section shall have the meanings ascribed to them in the ordinary course of business.
(b) Unless within the body of the advertisement or notice that the substances that are advertised or about which information is disseminated are not available for distribution of any sort in Georgia, it shall be unlawful for any person to sell, rent, lease, give, exchange, distribute, or possess with intent to distribute any advertisement or notice of any kind which gives information, directly or indirectly, on where, how, from whom, or by what means any noncontrolled substance may be obtained, which advertisement or notice contains an express or implied representation that said substance is a con trolled substance or that the recipient of said substance will be able to use or distribute said substance as a controlled substance.
(c) An implied representation may be shown by proof of any two of the following:
(1) The manufacture, delivery, distribution, dispensing, or sale included an exchange or a demand for money or other valuable prop erty as consideration for delivery of the substance and the amount of such consideration was substantially in excess of the reasonable value of the noncontrolled substance;
(2) The physical appearance of the finished product containing the substance is substantially identical to a specific controlled substance;
(3) The finished product bears an imprint, identifying mark, number, or device which is substantially identical to the trademark, identifying mark, imprint, number, or device of a manufacturer licensed by the Food and Drug Administration of the United States Department of Health and Human Services; or

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JOURNAL OF THE SENATE
(4) National or local advertising or promotional materials con cerning the noncontrolled substance contain an express or implied representation that the substance is a controlled substance or has essentially the same pharmacological action as a controlled substance or that the substance is of such a nature or appearance that the recip ient of said noncontrolled substance will be able to distribute said substance as a controlled substance.
(e) In any prosecution for unlawful manufacture, delivery, distribution, possession with intent to distribute, dispensing, or sale of a noncontrolled substance, it is no defense that the accused believed the noncontrolled substance to be actually a controlled substance.
(f) The provisions of this Code section shall not prohibit a duly licensed business establishment, acting in the usual course of business, from selling or for a practitioner, acting in the usual course of his professional practice, from dispensing a drug preparation manufactured for over-the-counter sale which does not bear a label stating 'Federal law prohibits dispensing without a prescription' or similar language meaning that the drug preparation requires a prescription.
(g) The unlawful manufacture, delivery, distribution, dispensing, possession with the intention to distribute, or sale of a noncontrolled substance in violation of this Code section is a felony and, upon con viction thereof, such person shall be punished by imprisonment for not less than one year nor more than ten years or by a fine not to ex ceed $25,000.00, or both.
(h) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be imprisoned for not more than 12 months or fined not more than $5,000.00, or both.
(i) All property which would be subject to forfeiture under the provisions of subsection (a) of Code Section 16-13-49 for a violation of this article which is used, or intended for use, to facilitate, or is de rived from, a violation of this Code section and any concontrolled substance which is manufactured, distributed, dispensed, possessed with the intent to distribute, or sold in violation of this Code section are declared to be contraband and there shall be no property interest therein. Any property or noncontrolled substance which is subject to the provisions of this subsection shall be forfeited in accordance with the procedures of Code Section 16-13-49."
Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly 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.

MONDAY, MARCH 15, 1982

2169

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 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 Bond Bowen Broun of 46th Brown of 47th Bryant Cobb Cole man Deal Dean Eldridge English Engram Evans

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

Those not voting were Senators:

Ballard Barker Bell Brannon

Brantley Coverdell Greene Howard

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

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE

The following bills and resolutions of the House were read the first time and referred to committee.
HB 1908. By Representative Adams of the 79th:
A bill to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia pertaining to the City of Molena in the County of Pike; to provide a new charter therefor; to organize the municipal government thereof; to prescribe the corporate limits. Referred to Committee on County and Urban Affairs.

HB 1909. By Representative Adams of the 79th:
A bill to amend an Act increasing the compensation of the chairman and other members of the board of commissioners of Upson County, so as to provide for the reimbursement of expenses of the chairman and other members of the board of commissioners.
Referred to Committee on County and Urban Affairs.

HB 1910. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the amount payable for clerical help in that of fice. Referred to Committee on County and Urban Affairs.

HB 1911. By Representative Edwards of the 110th:
A bill to amend an Act abolishing the present mode of compensating the Ordinary of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the provisions relative to the authority of the judge of the probate court to appoint certain per sonal.
Referred to Committee on County and Urban Affairs.

HB 1912. By Representative Edwards of the 110th:
A bill to amend an Act abolishing the mode of compensating the Clerk of the Superior Court of Taylor County, known as the fee system, and pro viding in lieu thereof an annual salary, so as to change certain provisions relative to the authority of the clerk to appoint personnel.
Referred to Committee on County and Urban Affairs.

HR 563. By Representative Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to authorize the board of commissioners of Ware County to create the office of county manager, appoint and remove the county manager, fix his com pensation, and prescribe his duties, powers and responsibilities.
Referred to Committee on County and Urban Affairs.

MONDAY, MARCH 15, 1982

2171

HR 792. By Representatives Williams of the 48th, Childs of the 51st, Richardson of the 52nd and others:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the DeKalb County School District who is 65 years of age or over and whose gross income does not exceed $ 10,000.00 per annum shall be granted an exemption from all DeKalb county School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence.
Referred to Committee on County and Urban Affairs.

HB 793. By Representatives Childs of the 51st, Richardson of the 52nd, Steinberg of the 46th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the DeKalb County School District who is 62 years of age or over who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes.
Referred to Committee on County and Urban Affairs.

HR 813. By Representatives Matthews of the 145th and Collins of the 144th:
A resolution proposing an amendment to the Constitution so as to re quire the tax commissioner of Colquitt County to collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official and to require the revenue derived from the col lection of such fee to be used to fund emergency medical services in Col quitt County.
Referred to Committee on County and Urban Affairs.

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

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.

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

2172

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 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
Hudgins Hudson Kennedy Kidd Lester

Littlefield McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Summers
Tate Thompson Turner Walker Wessels

Those not voting were Senators:

Ballard Barker Bell Brannon Brantley

Coverdell Howard Land McKenzie

Sutton Timmons Trulock Tysinger

On the adoption of the resolution, the yeas were 43, nays 0.

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

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

HB 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.
Senate Sponsor: Senator Brown of the 47th.

MONDAY, MARCH 15, 1982

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The Senate Committee on Natural Resources and Environmental Quality of fered the following substitute to HB 1401:
A BILL
To be entitled an Act to create the Upper Savannah River Develop ment Authority and to authorize such authority to acquire, construct, equip, maintain, and operate on public property boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreational centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gym nasiums; auditoriums; and related buildings; and the usual and conve nient facilities pertaining to such undertakings and extensions and im provements of such facilities, acquiring parking facilities and parking areas in connection therewith and acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorizing the authority to contract with others pertaining to the recreational facilities, to execute leases of such facilities, to convey title to real property in fee simple of the authority, and to do all things deem ed necessary or convenient for the operation of such undertakings; authorize the issuance of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority, including, but not limited to, earnings derived from leases and income from conveyances of real property of the authority; to pay the cost of such undertakings; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations; to authorize the execution of trust indentures to secure the payment thereof; and to define the rights of the holders of such bonds or obligations; to provide that no debt of Elbert or Hart County shall be in curred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to pro vide that such bonds or obligations be validated as authorized by the Revenue Bond Law; to provide for certain tax exemptions; to provide for conflicts of interest of officers and employees 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act may be cited as the "Upper Savannah River Development Authority Act."
Section 2. Upper Savannah River Development Authority, (a) There is created a body corporate and politic to be known as the Upper Savan nah River Development Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title. Said body may contract and be contracted

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with, sue and be sued, implead and be impleaded, and complain and de fend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act.
(b) The authority shall consist of seven members as follows: the Secretary of State, the commissioner of natural resources, and five members appointed by the Governor as follows: three members from a list of five names submitted by the governing authority of Elbert County and two members from a list of five names submitted by the governing authority of Hart County. Each appointment shall be for a term of four years and until his successor is appointed and qualified.
(c) The members of the authority shall elect one of their members as chairman and another as vice-chairman. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person.
(d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so.
(e) Any four members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this Act. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid.
(f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the perfor mance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services.
(g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings:
(1) The word "authority" shall mean the Upper Savannah River Development Authority created in Section 2 of this Act.
(2) The word "project" shall be deemed to mean and include the ac quisition, construction, equipping, maintenance, and operation on public property of boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreation centers and areas, including, but not limited to,

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playgrounds; parks; hiking, camping, and picnicking areas and facilities; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities; the ac quisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and per sonal; and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable.
(3) The term "cost of the project" shall embrace the cost of construc tion; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, plans, and specifications; other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(4) The terms "revenue bonds," "bonds," and "obligations" shall mean revenue bonds as defined and provided for in the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in ad dition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act.
(5) Any project shall be deemed "self-liquidating" if, in the judg ment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connec tion therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
(6) The word "public property" shall mean any public property ad jacent to Richard B. Russell Lake.
Section 4. Powers. The authority shall have powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;

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(3) To acquire in its own name by purchase, on such terms and con ditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its cor porate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advan tage of the authority, subject to the provisions of Section 26. No property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless, at the time such property is so ac quired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon pay ment to the State of Georgia for the credit of the general fund of the state the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority. If the authority shall deem it expedient to construct any proj ect on any lands, the title to which shall then be in Elbert or Hart County or in any municipality incorporated in said counties, the governing authority or body of any of said counties or of any of said municipalities is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said counties or municipalities the reasonable value of such lands, such value to be determined by three ap praisers to be agreed upon by the governing authority or body of said county or municipality and the chairman of the authority;
(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts; fiscal agents; and attorneys, and fix their respective compensations;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, subject to the provisions of Section 26. Any and all persons, firms and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal cor porations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agen cy or department thereof, and with the United States government or any agency or department thereof. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any im provements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof, subject to the rights and interests of the holders of

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any of the bonds or obligations authorized to be issued hereunder, by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in Section 17 of this Act;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof;
(7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumen tality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(8) To accept loans or grants of money or materials or property of any kind from any political subdivision of the state, upon such terms and conditions as such political subdivision may impose; provided, however, that said authority shall not accept loans or grants of money from the State of Georgia or any agency thereof;
(9) To borrow money for any of its corporate purposes and to ex ecute evidences of such indebtedness and to secure the same, 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; but in no event shall revenue bonds be an obligation of Elbert or Hart County;
(10) To exercise any power usually possessed by private corpora tions performing similar functions which is not in conflict with the Con stitution and laws of this state;
(11) The authority and the trustee acting under the trust indenture are specifically authorized from time to time to sell, lease, grant, ex change, or otherwise dispose of any surplus property, both real or per sonal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in Section 17 hereof;
(12) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions for a period of time not to ex ceed ten years and to execute evidences of such indebtedness and to secure the same;
(13) To serve as an agency in managing, developing, and leasing property received or leased from the United States of America; and
(14) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Revenue bonds. The authority, or any authority or body which has succeeded or which may in the future succeed to the powers, duties, and liabilities vested in the authority, shall have power and is

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authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost, as defined herein, of any one project or a combina tion of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Section 16 for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformi ty with the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended; and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.
Section 6. Same; form; denomination; registration; place of pay ment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of prin cipal and interest thereof which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
Section 7. Same; signatures; seal. All such bonds shall be signed by the chairman of the authority and attested by the secretary and treasurer of the authority, the official seal of the authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary and treasurer of the authority. Any coupon may bear the facsimile signatures of such persons; and any bond may be signed, sealed, and attested on behalf of the authority by such persons as, at the 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. In case any officer whose signature shall appear on any bonds or whose fac simile signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery.
Section 8. Negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds are declared to be issued for an essen tial public and governmental purpose, and the said bonds and the income thereof shall be exempt from all taxation within the state.
Section 9. Same; sale; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

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Section 10. 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.
Section 11. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost.
Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. Any resolution pro viding for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
Section 13. Credit not pledged. Revenue bonds issued under the pro visions of this Act shall not be deemed to constitute a debt of Elbert County or Hart County nor a pledge of the faith and credit of any of said counties; but such bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate any of said counties to levy or to pledge any form of taxation whatever therefor or to make any ap propriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
Section 14. Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust in denture by and between the authority and a corporate trustee which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, rents, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust in denture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and application of all moneys, in cluding the proceeds derived from the sale of property of the authority, both real and personal; and may also provide that any project shall be constructed and paid for under the supervision and approval of con sulting engineers or architects employed or designated by the authority; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish 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

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may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In ad dition to the foregoing, such trust indenture may contain such other pro visions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust in denture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 15. To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust 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 this Act and such resolution or trust indenture may provide.
Section 16. Sinking fund. The revenues, rents, fees, tolls, and earn ings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, and any moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide. Such funds so pledg ed, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular in tervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) Any premium upon bonds acquired by the redemption, payment, or otherwise;
(4) The necessary charges of the paying agent or agents for paying principal and interest; and
(5) Any investment fees or charges.
The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may other wise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provi sions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so purchas ed or redeemed shall forthwith be cancelled and shall not be reissued, printed, and delivered.

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Section 17. Remedies of bondholders. Except to the extent the rights given in this section may be restricted by resolution passed before the is suance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this Act or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties re quired by this Act, or by such resolution or trust indenture, to be per formed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the authority may possess against the state or any department, agency, or in stitution of the state and, in the pursuit of his or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property owner of the state, nor shall any such bond con stitute a charge, lien, or encumbrance, legal or equitable, upon the prop erty of the state.
Section 18. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be ap plicable.
Section 19. 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 Elbert County or Hart County; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in one of said courts which shall have exclusive, original jurisdiction of such actions.
Section 20. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities of

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the project for which bonds are to be issued and sought to be validated; and the state or such municipality, county, authority, political subdivi sion, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be deter mined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Upper Savannah River Development Authority.
Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds; nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds; as grants or other contributions; or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 23. Purpose of the authority. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreational centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith and acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the authority to be necessary, convenient, or desirable for an incident to the efficient and proper development and operation of such types of undertakings.
Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and revise from time to time rates, rents, fees, tolls, and charges, and to collect such rates, rents, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its lands or facilities, and to determine the

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price and terms at and under which its lands or facilities may be sold and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, bet terments, or extensions thereto thereafter made or the sale of any of its lands and facilities.
Section 25. Rules and regulations for operations 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 of this Act, including the basis on which recreational facilities shall be fur nished.
Section 26. (a) All meetings of the authority shall be opened to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authori ty. The minutes of all meetings and all actions taken by the authority shall likewise be opened to public inspection.
(b) Each purchase made in behalf of the authority of personal prop erty or services in excess of $1,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official organs of Elbert and Hart counties prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority.
(c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organs of Elbert and Hart counties. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority.
(d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm. A synopsis of the audit shall be published in the official organs of Elbert and Hart counties as soon as the report of the auditors is submitted to the authority.
(e) All funds of the authority which are not required for the normal operations of the authority shall be invested in interest-bearing in vestments within 30 days of their receipt by the authority.
Section 27. Powers declared supplemental and additional. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act. The state covenants with the holders of the bonds that the authority shall be re-

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quired to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervi sion, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authori ty, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption provided in this section shall not include any exemption from sales and use tax on property pur chased by the authority or for use by the authority.
Section 28. (a) Every member of the authority and every employee of the authority who knowingly has any interest direct or indirect in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority.
(b) Provisions of the Act of the General Assembly approved March 10, 1964 (Ga. L. 1964, p. 261), as amended, regulating the conduct of of ficers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be ap plicable to the conduct of members, officers, employees, and agents of the authority.
(c) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) hereof, or a violation of the Act of the General Assembly approved March 10, 1964 (Ga. L. 1964, p. 261), as amended, or a violation of any other provision of law applicable to the authority, its members, officers, or employees regulating conflicts of interest shall be voidable by the authority.
Part 2
Section 29. Chapter 3 of Title 12 of the Official Code of Georgia An notated, relating to parks and authorities, is amended by adding im mediately following Part 5 a new part, to be designated Part 6, to read as follows:
"Part 6
12-3-400. This part may be cited as the 'Upper Savannah River Development Authority Act.'
12-3-401. (a) There is created a body corporate and politic to be known as the Upper Savannah River Development Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title. 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, ex cept that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the of-

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ficers, agents, and employees. The authority is granted the same ex emptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this part.
(b) The authority shall consist of seven members as follows: the Secretary of State, the commissioner of natural resources, and five members appointed by the Governor as follows: three members from a list of five names submitted by the governing authority of Elbert County and two members from a list of five names submitted by the governing authority of Hart County. Each appointment shall be for a term of four years and until his successor is appointed and qualified.
(c) The members of the authority shall elect one of their members as chairman and another as vice-chairman. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person.
(d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so.
(e) Any four members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this part. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid.
(f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed for actual ex penses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services.
(g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
12-3-402. (a) As used in this part, the term:
(1) 'Authority' means the Upper Savannah River Development Authority created in Code Section 12-3-401.
(2) 'Cost of the project' means and embraces the cost of construc tion; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authori ty's title thereto and leases thereof; the cost of all machinery and equipment; financing charges; interest prior to and during construc tion and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, plans, and specifications; other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses;

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and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this part for such project.
(3) 'Project' means and includes the acquisition, construction, equipping, maintenance, and operation on public property of boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recrea tion centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertak ings and extensions and improvements of such facilities; the acquisi tion of parking facilities or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and personal; and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, conve nient, or desirable.
(4) 'Public property' means any public property adjacent to Richard B. Russell Lake.
(5) 'Revenue bonds,' 'bonds,' and 'obligations' mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 and such type of obligations may be issued by the authority as authorized under said Article 3 and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this part.
(b) Any project shall be deemed 'self-liquidating' if, in the judg ment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in con nection therewith will be sufficient to pay the cost of operating, main taining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
12-3-403. The authority shall have powers:
(1 ] To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, or otherwise, with the excep tion of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate pur poses;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchise necessary or convenient

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for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority, subject to the provisions of Code Section 12-3-425. No property shall be acquired under the provisions of this part upon which any lien or other encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or en cumbrance. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in Elbert or Hart County or in any municipality incorporated in said counties, the governing authori ty or body of any of said counties or of any of said municipalities is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said counties or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the chairman of the authority;
(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction ex perts; fiscal agents; and attorneys, and fix their respective compensa tions;
(5) 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 dispose by con veyance of its title in fee simple of real and personal property of every kind and character, subject to the provisions of Code Section 12-3-425. Any and all persons, firms and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem ad visable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or depart ment thereof, and with the United States government or any agency or department thereof. The authority is specifically authorized to con vey title, in fee simple, to any and all of its lands and any im provements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof, subject to the rights and in terests on the holders of any of the bonds or obligations authorized to

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be issued hereunder, by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in Code Section 12-3-416;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof;
(7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or in strumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(8) To accept loans or grants of money or materials or property of any kind from any political subdivision of the state, upon such terms and conditions as such political subdivision may impose; provided, however, that said authority shall not accept loans or grants of money from the State of Georgia or any agency thereof;
(9) To borrow money for any of its corporate purposes and to ex ecute evidences of such indebtedness and to secure the same, 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; but in no event shall revenue bonds be an obligation of Elbert or Hart County;
(10) 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;
(11) The authority and the trustee acting under the trust inden ture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provid ed in Code Section 12-3-416;
(12) To borrow money for any of its corporate purposes from any bank, or other lending institutions for a period of time not to exceed ten years and to execute evidences of such indebtedness and to secure the same;
(13) To serve as an agency in managing developing, and leasing property received or leased from the United States of America; and
(14) To do all things necessary or convenient to carry out the powers expressly given in this part.
12-3-404. (a) The authority, or any authority or body which has succeeded or which may in the future succeed to the powers, duties, and liabilities vested in the authority, shall have power and is

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authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost, as defined in this part, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Code Section 12-3-415 for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of pay ment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the op tion of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.
(b) Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36; and all pro cedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Article 3 of Chapter 82 of Title 36.
12-3-405. The authority shall determine the form of the bonds, in cluding any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
12-3-406. All such bonds shall be signed by the chairman of the authority and attested by the secretary and treasurer of the authority, the official seal of the authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary and treasurer of the authority. Any coupon may bear the facsimile signatures of such persons; and any bond may be signed, sealed, and attested on behalf of the authority by such per sons as, at the actual time of the execution of such bonds, shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 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 delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery.
12-3-407. All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable in struments under the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose, and the said bonds and the income thereof shall be exempt from all taxation within the state.

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12-3-408. The authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authoriz ing the issuance of such bonds.
12-3-409. Prior to the preparation of definitive bonds, the author ity may, under like restrictions, issue interim receipts, interim cer tificates, or temporary bonds with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
12-3-410. The authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost.
12-3-411. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or re quired by this part. Any resolution providing for the issuance of revenue bonds under the provisions of this part shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be passed at any regular or special or ad journed meeting of the authority by a majority of its members.
12-3-412. Revenue bonds issued under the provisions of this part shall not be deemed to constitute a debt of Elbert County or Hart County nor a pledge of the faith and credit of any of said counties; but such bonds shall be payable solely from the fund provided for in Code Section 12-3-415. The issuance of such revenue bonds shall not direct ly, indirectly, or contingently obligate any of said counties to levy or to pledge any form of taxation whatever therefor or to make any ap propriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section.
12-3-413. 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 com pany or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, rents, tolls, revenues, and earnings to be received by the authority, in cluding the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and ap plication of all moneys, including the proceeds derived from the sale of property of the authority, both real and personal; and may also pro vide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects

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employed or designated by the authority; and may also contain provi sions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish 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 cor porations. In addition to the foregoing, such trust indenture may con tain 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.
12-3-414. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or per son who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the pur poses hereof, subject to such regulations as this part and such resolu tion or trust indenture may provide.
12-3-415. The revenues, rents, 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, and any moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the is suance of the bonds or in the trust instrument may provide. Such funds so pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) Any premium upon bonds acquired by the redemption, pay ment, or otherwise;
(4) The necessary charges of the paying agent or agents for paying principal and interest; and
(5) Any investment fees or charges.
The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the is suance of the revenue bonds or in the trust indenture; but, except as

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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 moneys in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered.
12-3-416. Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture. Such holder, receiver, or trustee may en force and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or proj ects. In the event of default of the authority upon the principal and in terest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right, specifically in cluding the contract rights of collecting rental, which the authority may possess against the state or any department, agency, or institu tion of the state and, in the pursuit of his or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.
12-3-417. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this part and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable.
12-3-418. Any action to protect or enforce any rights under the provisions of this part or any action against such authority shall be brought in the Superior Court of Elbert County or Hart County; and any action pertaining to validation of any bonds issued under the pro visions of this part shall likewise be brought in one of said courts which shall have exclusive, original jurisdiction of such actions.

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12-3-419. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to having such action brought against it and if consenting to same, 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 the state or such municipality, county, authority, political subdivision, or instrumentality shall be re quired to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Upper Savannah River Development Authority.
12-3-420. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds; nor will the state itself so compete with the authority. The provisions of this part shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
12-3-421. All moneys received pursuant to the authority of this part, 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 part.
12-3-422. Without limiting the generality of any provisions of this part, the general purpose of the authority is declared to be that of ac quiring, constructing, equipping, maintaining, and operating boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recrea tional centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith and acquiring the necessary property therefor, both real and personal, and to lease or

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sell any or all of such facilities, including real property, and to do any and all things deemed by the authority to be necessary, convenient, or desirable for an incident to the efficient and proper development and operation of such types of undertakings.
12-3-423. The authority is authorized to prescribe and revise from time to time rates, rents, fees, tolls, and charges, and to collect such rates, rents, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruc tion, improvement, equipment, betterment, or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto thereafter made or the sale of any of its lands and facilities.
12-3-424. 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 of this part, including the basis on which recrea tional facilities shall be furnished.
12-3-425. (a) All meetings of the authority shall be opened to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be opened to public inspection.
(b) Each purchase made in behalf of the authority of personal property or services in excess of $1,000.00 shall be accomplished pur suant to competitive bids, after having published invitations to bid in the official organs of Elbert and Hart counties prior to the award of any contract. All bids shall be opened during meetings of the author ity, and the rejection or acceptance thereof shall be entered upon the minutes of the authority.
(c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organs of Elbert and Hart counties. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority.
(d) At the conclusion of each fiscal year of the authority, the af fairs of the authority shall be audited by a certified public accounting firm. A synopsis of the audit shall be published in the official organs of Elbert and Hart counties as soon as the report of the auditors is sub mitted to the authority.

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(e) All funds of the authority which are not required for the nor mal operations of the authority shall be invested in interest-bearing in vestments within 30 days of their receipt by the authority.
12-3-426. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. This state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the opera tion or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the in come therefrom shall at all times be exempt from taxation within the state. The exemption provided in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
12-3-427. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority, shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall con stitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discre tion of the authority.
(b) Provisions of Article 1 of Chapter 10 of Title 16, Code Sections 16-10-21 and 16-10-22, and Code Sections 16-10-92 and 16-10-93, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority.
(c) Any contract or transaction of the authority involving a con flict of interest not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16, Code Sections 16-10-21 and 16-10-22, and Code Sections 16-10-92 and 16-10-93, or involving a violation of any other provision of law regulating conflicts or interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority."
Parts
Section 30. (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.

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(c) Part 2 of this Act shall become effective on November 1, 1982.
Section 31. All laws and parts of laws in conflict with this Act are repealed.

Senator Brown of the 47th offered the following amendment:

Amend the substitute to HB 1401 offered by the Senate Committee on Natural Resources and Environmental Quality by striking from line 26 through line 32 of Page 9 the following:
"(8) To accept loans or grants of money or materials or property of any kind from any political subdivision of the state, upon such terms and conditions as such political subdivision may impose; provided, however, that said authority shall not accept loans or grants of money from the State of Georgia or any agency thereof;'',
and inserting in lieu thereof the following:
"(8) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivi sion may impose;".

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 Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Coleman

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

Garner Gillis Greene Hill Holloway Horton Hudgins Hudson Kennedy

Kidd Lester
Littlefield McGill
McKenzie Reynolds

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Robinson Scott
Starr Stephens
Stumbaugh Summers

Tate Thompson
Timmons Turner
Walker Wessels

Those not voting were Senators:

Barker Bell Brannon Brantley

Cobb Coverdell Howard Land

Sutton Trulock Tysinger

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On the passage of the bill, the yeas were 45, 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 1401.

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.
Senate Sponsor: Senator Littlefield of the 6th.

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 Bowen Brown of 47th Bryant Cobb Coleman

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

Foster Garner Gillis Hill Horton Hudson Kennedy Kidd

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Scott Starr Stephens Summers Tate Thompson

Timmons Trulock Turner Walker Wessels

Voting in the negative were Senators Hudgins and Stumbaugh.

Those not voting were Senators:

Barker Bell Bond Brannon Brantley

Broun of 46th Coverdell Greene Holloway

Howard Land Sutton Tysinger

On the adoption of the resolution, the yeas were 41, nays 2.
The resolution, having received the requisite constitutional majority, was adopted.
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. 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 Bond Bowen Brannon

Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge

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

MONDAY, MARCH 15, 1982

2199

Greene Hill Holloway Horton Hudson Kennedy Kidd Land
Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens

Those not voting were Senators:

Bell Brantley Broun of 46th Coverdell

Evans Howard Hudgins

Stumbaugh Tate Thompson Timmons Trulock Turner Walker Wessels
Summers Sutton Tysinger

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

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

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.
Senate Sponsor: Senator Ballard of the 45th.

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 Bowen Brannon 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 Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson

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JOURNAL OF THE SENATE

Scott Starr Stephens Stumbaugh

Summers Tate Thompson Timmons

Trulock Turner Walker Wessels

Those not voting were Senators:

Bell Bond Brantley

Broun of 46th Coverdell Howard

Sutton Tysinger

On the adoption of the resolution, the yeas were 48, nays 0.

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

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.
Senate Sponsor: Senator English of the 21st.

Senator Summers of the 53rd offered the following amendment:

Amend HB 1525 by adding after the semicolon on line 10 of Page 1 the following:
"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;".
By adding between Sections 5 and 6 a new Section 5.1 to read as follows:
"Section 5.1. Said Chapter 2 of Title 27 is further amended by redesignating subsection (d| of Code Section 27-2-4, relating to honorary hunting and fishing licenses as subsection (e) and inserting a new subsection (d| of Code Section 27-2-4 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.' "

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2201

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.

Senator Deal of the 49th offered the following amendment:

Amend HB 1525 by striking on line 24, Page 4 the numbers "$10.25" and inserting in lieu thereof the numbers "$15.00."

On the adoption of the amendment, the yeas were 35, nays 6, and the amend ment was adopted.

Senator Hudgins of the 15th offered the following amendment:

Amend HB 1525 by adding a new Section to read as follows:
"Provided no steel jaw leg trap shall be set within an occupied dwelling without the owner's permission."

On the adoption of the amendment, Senator English of the 21st 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 Bond Bowen Deal Eldridge Engram Evans Greene

Hill Hudgins Hudson Kidd Littlefield McKenzie Reynolds Robinson Scott

Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner

Those voting in the negative were Senators:

Allgood Brannon Bryant Cobb Coleman Dean English

Fincher of 52nd Fincher of 54th Foster Garner Gillis Holloway Horton

Kennedy Lester McGill Starr Thompson Walker Wessels

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barnes Bell Brantley

Broun of 46th Brown of 47th Coverdell

Howard Land Tysinger

On the adoption of the amendment, the yeas were 26, 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 Bond Bowen Brannon Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

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

Voting in the negative was Senator Garner.

Those not voting were Senators:

Bell Brantley Broun of 46th

Coverdell Howard Hudgins

Land Tysinger

On the passage of the bill, the yeas were 47, nays 1.

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

MONDAY, MARCH 15, 1982

2203

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

The Conference Committee Report on HB 1223 was as follows:

The Conference Committee on HB 1223 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1223 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

I si Richard L. Greene Senator, 26th District

I si John Miles Representative, 107th District

Is/ Culver Kidd Senator, 25th District

1st John L. Mostiler Representative, 71st District

Isl W. Lee Robinson Senator, 27th District

I si Emory E. Bargeron Representative, 83rd District

Conference Committee 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 change the meeting times of the Board of Chiropractic Examiners; to provide for the

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JOURNAL OF THE SENATE
display of licenses; 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 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 84-5, 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

MONDAY, MARCH 15, 1982

2205

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 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 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 5. 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 6. (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 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Greene of the 26th moved that the Senate adopt the Conference Com mittee Report on HB 1223.

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 Brown of 47th

Bryant Cobb Coleman Deal

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JOURNAL OF THE SENATE

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

Horton Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson Scott

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

Those not voting were Senators:

Bell Brantley Broun of 46th

Coverdell Howard

Land Tysinger

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1223.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitutes to the following bills of the House:

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 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 accor dingly.

MONDAY, MARCH 15, 1982

2207

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 1:03 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

2208

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, March 16, 1982
Thirty-sixth 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 Scott of the 43rd moved that the Senate reconsider its action of March 15 in adopting the following resolution of the Senate:
SR 336. By Senator Thompson of the 32nd: A resolution creating the Alcohol Abuse Study Committee.
On the motion, the yeas were 31, nays 1; the motion prevailed, and SR 336 was reconsidered and placed at the foot of the Senate Rules Calendar today.
Senator Brown of the 47th moved that the Senate reconsider its action of March 15 in adopting the following bill of the House:
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.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1401 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 agreed to the Senate substitutes to the following bills of the House:

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.

TUESDAY, MARCH 16, 1982

2209

HB 629. By Representatives Perry of the 146th, Long of the 142nd, Sherrod of the 143rd and others:
A bill to amend Code Section 101-205, relating to the distribution and sale of copies of laws and journals, so as to authorize the chief judge of the superior courts of each judicial circuit to limit the distribution of cer tain session laws.

HB 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 accord ingly.

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 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 House recedes from its position in amending the following bill of the Senate:
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, 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 has adopted the report of the Committee of Conference 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.

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JOURNAL OF THE SENATE

The House has agreed to the Senate amendments to the following bills of House:

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 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 accor dingly.

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

HR 736. By Representatives Aiken and Burruss of the 21st, Thompson of the 19th and others:
A resolution designating a certain road as the Homer Cochran Road.

HR 690. By Representatives Adams of the 36th, Bolster of the 30th, Johnson of the 66th and others:
A resolution urging the Georgia Office of Energy Resouces to provide ex pertise in assisting persons in the development of small-scale hydroelec tric ity.

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

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.

TUESDAY, MARCH 16, 1982

2211

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.

SB 417. By Senator Greene of the 26th:
A bill to amend Code Section 88-1913, relating to reports of incidents of physical injury or injuries by other than accidental means by certain per sonnel employed in certain medical facilities, so as to clarify that such reports shall be made to the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located.

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

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.

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 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.

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 accor dingly.

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JOURNAL OF THE SENATE

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.

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.

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 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.

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

SB 782. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to change the method of selection of members of the GlynnBrunswick Hospital Authority; to provide for qualifications of members. Referred to Committee on County and Urban Affairs.

SB 783. By Senator Gamer of the 30th:
A bill to amend an Act creating the office of Commissioner of Carroll County, as amended, so as to change the compensation of the Commis sioner of Carroll County; to provide an effective date. Referred to Committee on County and Urban Affairs.

TUESDAY, MARCH 16, 1982

2213

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

HR 690. By Representatives Adams of the 36th, Bolster of the 30th, Johnson of the 66th and others:
A resolution urging the Georgia Office of Energy Resources to provide expertise in assisting persons in the development of small-scale hydroelectricity.
Referred to Committee on Rules.

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 House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1780. Do pass.
Respectfully submitted, Senator McGill of the 24th District, Chairman
Mr. President:
The Committee on Banking, Finance and Insurance has had under considera tion the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 485. Do pass by substitute. HB 902. Do pass. HB 1237. Do pass. HB 1351. Do pass as amended. HB 1375. Do pass. HB 1424. Do pass by substitute. HB 1449. Do pass.

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JOURNAL OF THE SENATE

HB 1479. Do pass. HB 1513. Do pass as amended. HB 1618. Do pass.
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 457. Do pass. SB 774. Do pass. SB 775. Do pass. SB 776. Do pass by substitute. SB 777. Do pass by substitute. SB 778. Do pass by substitute. SB 779. Do pass by substitute. SB 780. Do pass. SB 781. Do pass. HB 1767. Do pass. HB 1781. Do pass. HB 1784. Do pass. HB 1787. Do pass. HB 1796. Do pass. HB 1816. Do pass. HB 1817. Do pass. HB 1818. Do pass. HB 1819. Do pass. HB 1856. Do pass. HB 1859. Do pass. HB 1890. Do pass. HB 1897. Do pass.
Respectfully submitted, Senator Dean of the 31 st District, Chairman

TUESDAY, MARCH 16, 1982

2215

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 1786. Do pass. HB 1788. Do pass. HB 1789. Do pass HB 1790. Do pass. HB 1792. Do pass. HB 1793. Do pass. HB 1794. Do pass. HB 1795. Do pass. HB 1797. Do pass. HB 1798. Do pass. HB 1799. Do pass. HB 1801. Do pass. HB 1804. Do pass. HB 1830. Do pass. HB 1831. Do pass. HB 1832. Do pass. HB 1833. Do pass. HB 1834. Do pass. HB 1835. Do pass. HB 1837. Do pass. HB 1850. Do pass. HB 1851. Do pass. HB 1854. Do pass. HR 573. Do pass. HR 625. Do pass. HR 743. Do pass. HR 746. Do pass.

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

2216 Mr. President:

JOURNAL OF THE SENATE

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

HB 856. Do pass by substitute. HB 1641. Do pass as amended. HB 1433. Do pass. HB 1436. Do pass by substitute.

Respectfully submitted, Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Higher 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 589. Do pass.

Mr. President:

Respectfully submitted, Senator Fincher of the 54th District, Chairman

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 904. Do pass. HB 1204. Do pass. HB 1435. Do pass. HB 1553. Do pass. HB 1642. Do pass.

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

Mr. President:

TUESDAY, MARCH 16, 1982

2217

The Committee on Industry, Labor and Tourism has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 364. Do pass. HB 325. Do pass by substitute. HB 1308. Do pass. HB 1464. Do pass by substitute. HB 1495. Do pass. HB 1630. Do pass. HR 533. Do pass.

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 to report the same back to the Senate with the following recommendations:

HB 1429. Do pass as amended. HB 1719. Do pass. HB 1730. Do pass. HB 1783. Do pass.

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

2218 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 1715. Do pass as amended.

Respectfully submitted, Senator Barnes of the 33rd 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 1736. 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 of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1587. Do pass. HB 1755. Do pass.

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

TUESDAY, MARCH 16, 1982

2219

Mr. President:

The Committeee on Special Judiciary has had under consideration the follow ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

HB 1776. Do pass.

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

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 94. Do pass by substitute. HB 371. Do pass by substitute. HB 717. Do pass by substitute. HB 1327. Do passs as amended.

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:

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 the school board districts; to change the provisions relative to election of members of said board of education.

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.

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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.

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.

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.

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.

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 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 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.

TUESDAY, MARCH 16, 1982

2221

HB 1700. By Representatives Johnson, Wood, Benefield and Lee of the 72nd:
A bill to amend Code Title 91A, 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 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.

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 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 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.

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 accor ding to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

2222

JOURNAL OF THE SENATE

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 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.

SB 457. By Senator Stephens of the 36th:
A bill to define the status and prescribe the duties and powers of certain employees of county adult probation departments in certain counties.

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.

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.

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.

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.

TUESDAY, MARCH 16, 1982

2223

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.

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.

SB 780. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act creating the Magistrate's Court of Glynn County, as amended, so as to change the compensation of the deputy magistrate.

SB 781. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act relating to public education in Glynn County, and the several Acts amendatory thereof, so as to provide that the Board of Education of Glynn County shall at all times consist of two members elected from each county commissioner district in Glynn County.

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.

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

HB 325. By Representatives Mullinax of the 69th, Ware of the 68th, Williams of the 6th and others:
A bill to amend Code Title 114, relating to workers' compensation, so as to change the provisions relative to income benefits for total disability.

HB 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.

2224

JOURNAL OF THE SENATE

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.

HB 902. 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 change the time such depository must hold such property.

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.

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 chapter establishing children's responsibility for cost of nursing home care of their parents.

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.

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 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.

TUESDAY, MARCH 16, 1982

2225

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 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-

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 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.
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 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.

2226

JOURNAL OF THE SENATE

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.

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.

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 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 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 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.

TUESDAY, MARCH 16, 1982

2227

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 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 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.

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 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.

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.

2228

JOURNAL OF THE SENATE

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 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.

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 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 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 1767. By Representatives Phillips of the 125th, Triplet! 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.

TUESDAY, MARCH 16, 1982

2229

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 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 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 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 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 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.

2230

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.

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.

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 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.

TUESDAY, MARCH 16, 1982

2231

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.

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 Cor oners, so as to change the compensation of Coroners in certain coun ties. . .".

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.

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.

2232

JOURNAL OF THE SENATE

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.

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 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 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.

TUESDAY, MARCH 16, 1982

2233

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.

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 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 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 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.

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 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 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.

2234

JOURNAL OF THE SENATE

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 increse 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.

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.

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 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.
The report 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 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 16, 1982

2235

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.

The report 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 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.

The report 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 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.

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

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

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

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JOURNAL OF THE SENATE

HB 1748. By Representatives Perry and Veazey of the 146th:
A bill to provide for the election of the school superintendent of Cook County.

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

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

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

HB 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.

The report 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 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.

The report 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 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.

TUESDAY, MARCH 16, 1982

2237

The report 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Dean Eldridge English Engram

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

Lester McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Timmons Turner Tysinger Walker Wessels

Those not answering were Senators:

Ballard Barnes Bell Bond Coverdell Deal

Evans Gillis Greene Littlefield Starr

Summers Sutton Tate Thompson Trulock

Senator English of the 21st introduced the chaplain of the day, Judge H. Kelmer Durden, of Swainsboro, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate and House were read and adopted:
SR 367. By Senator Brown of the 47th: A resolution congratulating Mrs. Rossie W. Dyar on her one hundredth birthday celebration.

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SR 368. By Senator Kidd of the 25th: A resolution celebrating the commissioning of the U.S.S. Vinson.

SR 369. By Senators Stephens of the 36th, Hudson of the 35th, Bond of the 39th and others:
A resolution expressing regrets at the passing of Honorable Virlyn B. Smith.

SR 370. By Senators Thompson of the 32nd and Barnes of the 33rd: A resolution in memory of Earnest Garrett.

SR 371. By Senator Bell of the 5th:
A resolution commending WGST Radio Station for 60 years of public ser vice.

SR 372. By Senator Kidd of the 25th:
A resolution commending Lieutenant Colonel Charles L. Bacon, United States Marine Corps Reserve.

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.

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.

TUESDAY, MARCH 16, 1982

2239

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.

HR 824. By Representatives Bishop of the 94th, Buck of the 95th, Cason of the 96th and others:
A resolution commending the Honorable Jack T. Brinkley.

Senator Kidd of the 25th moved that the following bill of the House be withdrawn from the Committee on Human Resources and committed to the Com mittee on Governmental Operations:

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''.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 871 was withdrawn from the Committee on Human Resources and committed to the Com mittee on Governmental Operations.

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JOURNAL OF THE SENATE

SENATE RULES CALENDAR Tuesday, March 16, 1982
THIRTY-SIXTH LEGISLATIVE DAY

HB 1236. Appropriations for Fiscal Year 7/1/82 to 6/30/83--provide (SUBSTITUTE) (App-12th)
HR 589. HR 161 from 1975 (Penalties by Trial Judges)--reconfirm (Judy-- 33rd)
HR 510. New Constitution (Parole for Armed Robbery)--technical change (Judy-33rd)
HB 782. Adequate Program for Education in Georgia--additional re quirements for school lunch program (App--44th)
HB 1491. Fire Protection Sprinkler Contractors--regulate (AMENDMENT) (Pub Saf-28th)
HB 1291. Certain Claims Against State--payment by Claims Advisory Board (App-49th)
HB 1467. Tax Executions-fees charged (SUBSTITUTE) (Judy-49th)
HB 1390. Energy Research and Development Council--(Office of Planning and Budget)--create (App--42nd)
HB 1634. Superior Courts--change fees for recording and indexing financing statements (S Judy--6th)
HB 1563. Grants to Certain Cities--failing to file required certification for funds (C&UA-G-20th)
SR 318. Causes of Violent Crime--Criminal Justice Coordinating Councilresearch (S Judy--37th)
HB 1385. Private Carriers--covered by certain vehicle safety requirements (Pub U--48th)
HB 1210. Forfeiture of Controlled Substances--procedure (SUBSTITUTE) (Judy--26th)
HB 1274. Emergency Receiving Facility--change provisions on examinations (Hum R-42nd)
HB 1419. Blood Donation--leave of absence for public employees (Gov Op-- 42nd)
HR 513. Constitutional Amendment--repeal provisions on ratification of two articles (Judy--33rd)
HR 517. Filling Vacancies in Constitutional Offices--repeal HR 119 (Judy-- 33rd)
HB 1189. Registered Professional Sanitarians--licensure certain persons (Hum--26th)
SR 296. Honorable Jack Brinkley and Honorable Mack Mattingly-- commend (Hum R--15th)

TUESDAY, MARCH 16, 1982

2241

HB 1382. Fire Fighters Standards and Training Council--qualifications for firefighters (Pub Saf--28th)
SR 308. CPR Programs--urge for students in grades 9 through 12 (SUBSTITUTE) (Ed-52nd)
HR 707. Bartow County--conveyance of state-owned real property (Pub U--31st)
HB 1406. Parental Kidnapping--information from Department of Human Resources for locating parent or child (AMENDMENT) (Judy33rd)
HB 1408. Child Support Recovery Act--include child and spousal support (SUBSTITUTE) (Judy-33rd)
HB 1474. Military Facilities Timber Sale Proceeds--expenditure (Gov Op-- 25th)
SR 336. Alcohol Abuse Study Committee--create (Rules--32nd)
HB 1401. Upper Savannah River Development Authority--create (SUBSTITUTE) (AMENDMENTS) (NREQ_-47th)
Respectfully submitted,
Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

Senator Broun of the 46th assumed the Chair at the direction of the President.

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

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 endingjune 30, 1983.
Senate Sponsor: Senator Holloway of the 12th.

The Senate Committee on Appropriations offered the following substitute to HB 1236:
A BILL
To be entitled an Act to make and provide appropriations for the State fiscal year beginning July 1, 1982, and ending June 30, 1983; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institu tions, and other agencies, and for the university system, common

2242

JOURNAL OF THE SENATE

schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1982, and ending June 30, 1983, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a revenue estimate of $3,732,000,000 for State fiscal year 1983.
PART I.
LEGISLATIVE BRANCH

Section 1. Legislative Branch.

Budget Unit: Legislative Branch ..............$ Operations ............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

16,030,892 16,030,892 16,030,892 16,030,892

Budget Unit Object Classes: Operations ............................$ 16,030,892

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

TUESDAY, MARCH 16, 1982

2243

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 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.
Provided, however, that none of the above ap propriation is to be used for the operation of the Georgia Education Improvement Council.

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

5,430,363
5,080,363 5,080,363 5,080,363
350,000 350,000 350,000
5,080,363 350,000 28 150

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JOURNAL OF THE SENATE

PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court ..............$

2,345,625

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 (Code Sections 17-12-60 through 17-12-62).

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.
B-udget Unit: Superior Courts. ............$ 18,967,568
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 (Code Section 17-10-6).
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.

TUESDAY, MARCH 16, 1982

2245

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 1982 ses sion of the General Assembly.
Provided, that of the above appropriation relating to Superior Courts, $428,670 is designated and commit ted for the Prosecuting Attorneys' Council for opera tions and $90,190 is designated and committed for the Sentence Review Panel, and $--0-- is designated and committed for the Probation Advisory Council.
Provided, however, of the above appropriation $10,000 is designated and committed to permit Judges with less than five years of experience to attend the Judicial College.
Total Positions Budgeted
Section 5. Court of Appeals.
Budget Unit: Court of Appeals ............$
For the cost of operating the State Court of Ap peals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year.
Total Positions Budgeted
Section 6. Administrative Office of the Courts.
Budget Unit: Administrative Office of the Courts .............................$
Administrative Office of the Courts ........$ Institute for Continuing Judicial
Education ...........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

458
2,565,995
54
793,791 575,238 218,553 793,791 793,791
20

For the cost of operating the Administrative Office of the Courts and for the cost of operating the Institute for Continuing Judicial Education.

Section 7. Appellate Court Reports. Budget Unit: Court Reports ..............$

190,000

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JOURNAL OF THE SENATE

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
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 Council.
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

0 45,788
0 14,821
1 102,508
3 13,970
0 547,398
20

TUESDAY, MARCH 16, 1982

2247

PART III.

EXECUTIVE BRANCH

Section 13. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services ................$ 10,504,500

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

211,777 8,488 3,000 --0-- 200 --0-- --0-- 12,516 3,600 15,000
254,581 252,036
6

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

1,025,000 152,447 8,000 --0-- 6,500 1,335 --0-- 47,817 15,949 --0--
1,001,792
--0--
1,200,000
850,000 4,308,840 4,291,285
41

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JOURNAL OF THE SENATE

3. Treasury and Fiscal Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment
Purchases .........................$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ State Liability Self-Insurance
Reserve ...........................$ Public Safety Officers
Indemnification Fund ................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
4. Central Supply Administration 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 .............$ Materials for Resale .....................$ Utilities ..............................$ Total Funds Budgeted ...................$ Total Expenditures Authorized ............$ 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

801,055 83,103 6,000
--0-- 12,800
1,000 4,662,500
27,851 12,510
--0--
--0--
608,800 6,215,619 3,894,670
30
232,230 155,522
750 --0-- 7,300 1,400 --0-- 61,179 5,355 1,000 5,400,000 --0-- 5,864,736 5,860,089 --0--
15
1,175,033 115,023 7,250 --0-- 29,000 1,447 229,600 56,502 34,500 --0--
1,648,355 1,636,325
52

TUESDAY, MARCH 16, 1982

2249

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 ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted

289,000
11,160 5,800 --0-- 2,500
150 18,000 12,165 24,424
--0-- 363,199 359,568
--0-- 13

7. Space Management Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Materials for Resale .....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

255,000 6,120 1,500 --0-- 400 900 --0-- 17,999 6,230 --0-- --0--
288,149 285,268
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 DO AS Fiscal
Administration .....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted

15,789,960 1,363,800 60,000
--0-- 230,800
53,360 280,000 12,431,623 1,024,536 309,543
2,270,896 820,800
34,635,318 34,311,674
10 666

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JOURNAL OF THE SENATE

9. Motor Pool Services Budget:
Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted

365,198 1,542,990
--0-- 235,000
--0-- 8,000 --0--
720 --0-- --0-- 2,151,908 2,130,389 --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. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Telephone Billings ......................$ Total Funds Budgeted ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted

2,303,566 376,405 11,000
50,600 59,000 21,380 128,044 57,503
385 5,000 24,000,000 27,012,883 26,982,755 --0--
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 ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted

1,333,629 1,677,184
--0-- --0-- --0-- 50,000 --0-- 128,170 --0-- 400,000 --0-- 3,588,983 3,557,094 --0--
71

TUESDAY, MARCH 16, 1982

2251

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 .............$ Total Funds Budgeted ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted
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 ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted

713,413 261,060
25,300 --0-- --0-- 7,400 2,200 6,000
13,170 25,000 12,000 23,980 1,089,523 144,906
44
147,757 122,254
--0-- --0-- --0-- --0-- --0-- 2,239 --0-- --0-- --0-- 272,250 269,528 --0--
10
508,423 21,000 24,500 --0-- 2,500 900 60,000 26,227 9,179 --0-- 20,000 672,729
666,002 --0-- 22

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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 ..............................$ Payments to DO AS 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. ....................$ Total Positions Budgeted Authorized Motor Vehicles

25,151,041 5,896,556 153,100
285,600 351,000 147,272 5,380,344 1,481,424 434,845 873,800 12,431,623 23,980
2,270,896
--0--
1,001,792
850,000
1,200,000
--0-- 24,000,000
5,825,000
608,800 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. ................................$

359,568 34,311,664
2,130,389 26,982,755
3,557,094 67,341,470

TUESDAY, MARCH 16, 1982

2253

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 the 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 .....$

--0--

Georgia Building Authority Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment
Purchases .........................$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Authority Lease Rentals. .................$ Utilities ..............................$ Facilities Renovations
& Repairs ..........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

10,391,527 2,771,582
4,000
--0-- 32,000 110,000
--0-- --0-- 60,000 115,000 1,001,792 1,039,500 4,700,000
--0-- 20,225,401
--0-- 507

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment
Purchases .........................$ Publications and Printing. ................$

10,391,527 2,771,582
4,000
--0-- 32,000

2254

JOURNAL OF THE SENATE

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

110,000 --0-- --0--
60,000 115,000 1,001,792 1,039,500 4,700,000
--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.

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

22,124,919
3,469,800 303,871 103,715 57,800 28,000 70,610 --0-- 2,553 42,381 1,300
4,080,030 3,530,505
185

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. ..........................$

1,160,800 118,480 43,500 43,500 10,800 3,700 --0-- --0-- 46,563 75,000
434,550

TUESDAY, MARCH 16, 1982

2255

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

796,400
955,000 525,000
75,000 --0--
4,288,293 3,919,779
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

878,700 137,440 53,000
7,250 19,980 9,275
--0-- --0-- 38,250 33,000 55,000
95,000 1,326,895 1,309,090
42

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

1,839,500 751,045 10,050 23,100 6,000 13,425 --0-- --0-- 36,720 35,000 24,650
305,000 3,044,490
533,298 115

2256

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 .............$ Contract--Federation of
Southern Cooperatives .................$ 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. ...............................$

1,957,100 118,404 188,000 --0-- 4,000 3,900 --0-- 3,600 19,000 200
2,294,204 2,271,533
112
1,230,600 214,138 28,000 7,200 18,000 6,220 128,362 515,900 43,000 1,000
50,000 2,242,420 2,176,708
57
143,000 14,140 1,100 --0--
370,000 4,225 --0-- --0-- 6,732 --0--
748,765 1,287,962 1,275,082
9
1,263,800 232,373 90,100

TUESDAY, MARCH 16, 1982

2257

Motor Vehicle Equipment Purchases .......$ Publications 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 .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

121,300 6,000
21,100 --0-- -- 0--
15,964 --0--
1,750,637 1,729,804
74
647,200 66,051 18,000 22,250 6,200 2,500 --0-- --0-- 20,502 500
783,203 775,443
30
2,943,500 132,323 174,600 36,150 8,200 13,300 --0-- 6,240 34,000 --0--
3,348,313 2,622,235
134
2,612,000 77,466 175,309 29,000 3,542 660 --0-- --0-- 19,584 114,300
3,031,861 1,206,845
130

2258

JOURNAL OF THE SENATE

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 .............$ Fire Ant Bait (approved by Federal
Government) ........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- --0-- --0-- --0-- -- 0-- --0-- -- 0-- --0-- --0-- --0--
500,000 500,000 500,000
0

13. Georgia Agrirama Development Authority Budget:
Direct Payments to Georgia Agrirama Development Authority for Operations. .......................$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

274,597 274,597 274,597
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

169,615 7,400 3,000 --0-- --0-- --0-- --0-- --0-- --0-- --0--
180,015 --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 .............$

18,315,615 2,173,131
888,374 347,550 480,722 148,915 128,362 528,293 322,696 249,950

TUESDAY, MARCH 16, 1982
Market Bulletin Postage. .................$ Fire Ant Bait (approved by Federal
Government] ........................$ 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. .......$ Contract--Federation of Southern Cooperatives .................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles
Provided, that of the above appropriation relative to Regular Operating Expenses, $45,000 is designated and committed for livestock shows relating to research and promoting and $10,000 is designated and commit ted for poultry shows relating to research and pro moting.
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.
Provided however, of the above appropriated amount, $25,000 is designated and committed for "onfarm" testing for brucellosis.
It is the intent of this General Assembly that the Department of Agriculture shall be authorized to ex pend an amount not to exceed $150,000 for research relative to Fire Ant bait.

2259
748,765
500,000 434,550 796,400
955,000 525,000
75,000 90,000
274,597 400,000
50,000 --0-- 952 259

2260

JOURNAL OF THE SENATE

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. ...............................$ 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--
451,000 100,000
6,732 --0-- 14,610
625 --0-- --0-- 5,700 26,488 41,950 91,885 10,300 749,290 --0--
27
451,000 100,000
6,732 --0-- 14,610
625 --0-- --0-- 5,700 26,488 41,950 10,300 91,885
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. ...............................$

3,158,431
2,610,000 142,485 234,000

TUESDAY, MARCH 16, 1982

2261

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ RealEstate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ................... . $ Per Diem, Fees and Contracts .............$ Total Positions Budgeted Authorized Motor Vehicles
Section 16. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs .....................$
1. Executive and Administrative 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 .............$ Capital Felony Expenses .................$ Multi-State Transportation Board ..........$ Grants to Area Planning and
Development Commissions .............$ Grants for Revitalization
Projects .............................$ Local Assistance Grants. .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 36,000
6,100 9,889 117,450 31,400 2,000 3,189,324 3,158,431
102
2,610,000 142,485 234,000 --0-- 36,000 6,100 9,889 117,450 31,400 2,000 102 21
4,443,124
616,450 40,610 12,000
--0-- 7,500 --0--
100 95,179 11,000
9,000 50,000 10,000
1,350,000
250,000 348,000 2,799,839 2,585,364
21

2262

JOURNAL OF THE SENATE

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 ...................$ 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

529,535 21,950 37,100 6,200 10,100 530 900 26,396 11,550 24,100
668,361 648,617
20
243,800 7,240 5,600 --0-- 2,500 --0-- 1,500 8,858 3,000 5,600 --0--
1,000,000 --0--
1,278,098 160,621 9
300,770 11,060 20,000 --0-- 4,000 --0-- --0-- 14,047 7,300 5,450
362,627 359,001
11

5. Community Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

755,420 25,965 61,320

TUESDAY, MARCH 16, 1982

2263

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Appalachian 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 ....................$ Per Diem, Fees and Contracts .............$ Capital Felony Expenses .................$ Grants to Area Planning and
Development Commissions .............$ Local Assistance Grants. .................$ Grants to Revitalization
Projects .............................$ Appalachian Regional Commission
Assessment ..........................$ Multi-State Transportation Board ..........$ Juvenile Justice Grants ..................$ Total Positions Budgeted Authorized Motor Vehicles

-- 0-- 22,300
--0-- 4,500 41,280 39,800 45,600
56,720 1,052,905
689,521 28
2,445,975 106,825 136,020 6,200 46,400 530 7,000 185,760 72,650 89,750 50,000
1,350,000 348,000
250,000
56,720 10,000 1,000,000
89 4

Provided that of the above appropriations $10,000 is designated and committed for The Multi-State Transportation Board.

Provided, that of the above appropriation relating to Grants for Revitalization Projects, $250,000 is designated and committed for grants to cities and coun ties for revitalization projects in depressed downtown ares.

B. Budget Unit: Georgia Residential Finance Authority ....................$

--0--

2264

JOURNAL OF THE SENATE

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

1,666,686 176,864 85,400 55,000 40,500 32,750 14,500 102,556 75,500 300,650
10,264,214 475,000
13,289,620 --0-- 73 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 .............$ Rental Assistance Payments ..............$ Grants to Housing Sponsors. ..............$ Total Positions Budgeted Authorized Motor Vehicles

1,666,686 176,864 85,400 55,000 40,500 32,500 14,500 102,556 75,500 300,650
10,264,214 475,000 73 29

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

5,534,561
501,600 90,028
5,500 --0-- 7,500
165 232,080
--0-- 14,538
--0-- 851,411 833,257
21

TUESDAY, MARCH 16, 1982

2265

2. Insurance Regulation Budget:
Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Computer Equipment and Feasibility Study . . $ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

$1,009,987 48,735 6,750 --0-- 101,940 2,480 49,185 20,195 23,888 3,000 --0--
1,266,160 1,169,503
46

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

342,000 21,094 19,000 ---0-- 5,250 --0-- --0-- --0-- 5,592 --0--
392,936 389,007
14

4. Information and Enforcement Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

930,000 36,935 28,224 7,250 3,400 800 --0-- 21,753 31,578 --0--
1,059,940 1,049,341
45

5. Fire Safety and Mobile Home Regulation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

2,094,000 94,274 135,000 43,500 16,500

2266

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
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

2,172 --0-- 36,844 27,297 10,000 2,459,587 2,093,453
104
4,877,587 291,066 194,474 50,750 134,590 5,617 281,265 78,792 102,893
--0-- 13,000
230 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. ...............................$

2,691,898
858,500 99,200 3,000 8,000 20,850 --0-- --0----0-- 23,500 19,800
--0-- 18,000 40,000
--0-- 1,090,850 1,065,225
36
794,306 103,920
17,400

TUESDAY, MARCH 16, 1982

2267

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Local Civil Defense Grants-
Project Application ..................$ 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. ...........$ Repairs and Renovations .................$ 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

--0-- 14,100
--0-- --0-- 3,600 32,500 26,000
30,000
45,000 1,066,826
556,063 33
112,250 118,140
2,000 --0-- --0-- 18,700 --0-- --0-- --0-- 1,500 362,140 43,000 5,242 662,972 660,446
5
268,950 17,540 13,000 --0-- 6,500 350 --0-- 5,000 3,250 600
315,190 21,648
12

2268

JOURNAL OF THE SENATE

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 .............$ Repairs and Renovations .................$ 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 .............$ 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--Project Application. ............$ Local Civil Defense
Grants--Training .....................$ Repairs and Renovations .................$ Total Positions Budgeted Authorized Motor Vehicles

2,062,519 1,677,760
2,100 0--
--0-- --0-- --0-- --0-- --0-- --0-- 75,000 3,817,379 388,516
121
4,096,525 2,016,560
37,500 8,000
41,450 19,050
--0-- 8,600 59,250 47,900
--0-- 362,140
18,000 40,000
5,242
30,000
45,000 118,000
207 20

Section 19. State Board of EducationDepartment of Education.

A. Budget Unit: Department of Education. ..........................$ 1,337,224,227

1. Instructional Services Budget:

Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

4,212,485 807,420 284,040 --0-- 283,980

TUESDAY, MARCH 16, 1982

2269

Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
2. Governor's Honors Program Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Vocational Education Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
4. 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

22,845 152,900 118,510 140,250
4,000 6,026,430 3,543,599
189
272,420 24,635 3,395 --0-- 1,600 1,000 2,880 5,695
355,920 667,545 660,870
2
2,897,980 174,120 223,725 --0-- 66,040 7,385 151,520 87,930
2,251,200 11,870
5,871,770 2,068,084
111
906,000 173,240
16,625 13,000 6,200 152,065 38,760 85,200 11,710 1,402,800 801,954
52

2270

JOURNAL OF THE SENATE

5. 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

926,000 251,870
37,555 --0--
14,000 6,000 56,330 26,590 242,000 1,560,345 1,189,188
32

6. 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

4,900,000 229,625 339,095 --0-- 182,835
17,525 857,250 261,340 117,720
74,250 6,895
6,986,535 --0--
4,717,312 219

7. 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
8. Planning and Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

536,640 30,135
1,500 --0-- 7,500 --0-- --0-- 30,000 17,820 --0-- 623,595 579,716
32
2,201,430 74,495 100,305 --0-- 73,650

TUESDAY, MARCH 16, 1982

2271

Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
9. 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
10. 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
11. 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

5,350 95,230 56,885 1,474,460 4,081,805 3,323,606
79
52,220 10,090 2,000 6,050
--0-- 4,700 3,100 55,945 137,105 135,797
2
80,045 14,160 7,000
--0-- 10,000 2,600
--0-- 7,000 3,830 25,000 149,635 --0--
3
215,000 9,585 12,640 --0-- 1,600 --0-- --0--
20,150 5,930
46,000 310,905 308,096
8

2272

JOURNAL OF THE SENATE

12. Local Programs Budget:

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1) and 10(a) (2)) .... $ 590,358,056

Salaries of Instructional Personnel (Sec. 5). .$ 101,988,207

Salaries of Instructional Personnel (Sec. 7). .$ 23,326,134

Salaries of Student Supportive

Personnel (Sec. 20 (a)) ................$ 25,929,058

Salaries of Administrative

and Supervisory Personnel (Sec. 21) .....$ 69,213,074

Special Education Leadership

Personnel (Sec. 21 (d) (2)). .............$ 3,275,084

Instructional Media (Sec. 13) ............$ 21,410,550

Instructional Equipment (Sec. 14) ........$ 741,305

Maintenance and Operation (Sec. 15) ......$ 99,894,700

Sick and Personal Leave (Sec. 16) .........$ 5,947,375

Travel (Sec. 17) .......................$ 1,087,247

Pupil Transportation--(Sec. 25) ..........$ 88,390,000

Isolated Schools ......................$ 549,143

Mid-Term Adjustment .................$

--0--

Total Funds Budgeted ...................$ 1,032,109,933

Less RLE Funds Budgeted ................$ (78,550,000)

State Funds Budgeted ...................$ 953,559,933

Non-APEG Grants:

Education of Children of

Low-Income Families ................$ 74,806,645

Teacher Retirement ...................$ 93,462,616

Instructional Services for

the Handicapped ....................$ 21,441,620

Preparation of Professional

Personnel in Education

of Handicapped Children .............$

65,000

Tuition for the Multi-handicapped ........$ 1,172,000

Severely Emotionally Disturbed. .........$ 15,229,291

Compensatory Education ...............$ 16,331,747

School Library Resources and

Other Materials .....................$

--0--

School Lunch (Federal) .................$ 101,184,050

School Lunch (State) ...................$ 14,640,705

Supplementary Education Centers

and Services. .......................$

--0--

Staff Development ....................$ 927,500

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ..................$ 3,568,657

Cooperative Educational

Service Agencies ....................$ 3,816,447

Superintendents' Salaries ...............$ 4,670,931

High School Program ..................$ 26,776,897

Area Vocational-Technical

Schools. ...........................$ 57,744,525

Career Education .....................$

--0--

TUESDAY, MARCH 16, 1982

2273

Junior College Vocational

Program. .........................$ 2,468,383

Quick Start Program ..................$ 2,800,000

Comprehensive Employment

and Training ......................$ 3,595,000

Vocational Research

and Curriculum ....................$

974,980

Adult Education .....................$ 3,621,358

Salaries and Travel of

Public Librarians ...................$ 4,218,764

Public Library Materials. ..............$ 3,515,912

Talking Book Centers .................$

684,527

Public Library Maintenance

and Operation .....................$ 2,798,490

Public Library Construction. ...........$ 1,155,561

Competency-Based High School

Graduation Requirements. ...........$

250,000

Instructional Aides ...................$ 8,907,836

Teacher Health Insurance .............$ 32,339,000

Capital Outlay (under 32-648a). .........$

150,000

Grants to Local School

Systems for Educational

Purposes (Act 562) ..................$ 75,000,000

Indo-Chinese Refugee ................$

--0--

Salaries of Extended

Pre-School Personnel. ...............$ 10,099,424

Chapter II--Block Grant

Flow Through .....................$ 8,879,225

Area Vocational Technical

School Construction ................$ 3,767,500

Total Funds Budgeted ................. $ 1,554,624,524

State Funds Budgeted ................. $ 1,319,896,005

Total Positions Budgeted

0

Budget Unit Object Classes:

Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment
Purchases ...........................$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$

17,203,220 1,799,375 1,027,880
--0-- 660,255
68,905 857,250 934,115 482,770 4,750,225
34,475 --0--

APEG Grants: Salaries of Instructional Personnel (Sec. 10(a)(l) and 10(a) (2)) ......................$ Salaries of Instructional Personnel (Sec. 5) ..................$

590,358,056 101,988,207

2274

JOURNAL OF THE SENATE

Salaries of Instructional

Personnel (Sec. 7) ..................$ 23,326,134

Salaries of Student Supportive

Personnel (Sec. 20 (a)) ...............$ 25,929,058

Salaries of Administrative and

Supervisory Personnel (Sec. 21) .......$ 69,213,074

Special Education Leadership

Personnel (Sec. 21(d) (2)) .............$ 3,275,084

Instructional Media (Sec. 13) ...........$ 21,410,550

Instructional Equipment (Sec. 14) .......$

741,305

Maintenance and Operation (Sec. 15) .... $ 99,894,700

Sick and Personal Leave (Sec. 16). .......$ 5,947,375

Travel (Sec. 17) ......................$ 1,087,247

Pupil Transportation-

Regular (Sec. 25) ...................$ 88,390,000

Isolated Schools .....................$

549,143

Mid-Term Adjustment ................$

--0--

Total Funds Budgeted ..................$ 1,032,109,933

Less RLE Funds Budgeted. ..............$ (78,550,000)

State Funds Budgeted ..................$ 953,559,933

Non-APEG Grants: Education of Children of Low-Income Families ...............$ Teacher Retirement ..................$ Instructional Services for the Handicapped. ..................$ Preparation of Professional Personnel in Education of Handicapped Children ............$ Tuition for the Multi-handicapped. ......$ Severely Emotionally Disturbed ........$ Compensatory Education. .............$ School Lunch (Fed.) ..................$ School Lunch (State) ..................$ Supplementary Education Centers and Services. ...............$ Staff Development ...................$ Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification .................$ Cooperative Educational Service Areas. .....................$ Superintendents Salaries ..............$ High School Program .................$ Area School Program .................$
Junior College Program ...............$ Quick Start .........................$ Comprehensive Employment
and Training ......................$ Vocational Research and
Curriculum .......................$ Adult Education .....................$ Salaries and Travel of
Public Librarians. ..................$ Public Library Materials ..............$

74,806,645 93,462,616
21,441,620
65,000 1,172,000 15,229,291 16,331,747 101,184,050 14,640,705
--0-- 927,500
3,568,657
3,816,447 4,670,931 26,776,897 57,744,525 2,468,383 2,800,000
3,595,000
974,980 3,621,358
4,218,764 3,515,912

TUESDAY, MARCH 16, 1982

2275

Talking Book Centers. ................$ Public Library M&O.................$ Public Library Construction. ...........$ Competency-Based High School
Graduation Requirements ...........$ Instructional Aides. ..................$ Teacher Health Insurance .............$ 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. .......$ Chapter II -- Block Grant
Flow Through ......................$ Total Positions Budgeted Authorized Motor Vehicles

684,527 2,798,490 1,155,561
250,000 8,907,836 32,339,000
150,000
75,000,000 --0--
10,099,424 3,767,500
8,879,225 729 17

B. Budget Unit: Institutions. ....................$ 14,364,847

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

2,393,390 270,300 3,150 38,880 3,845 30,000 16,700 8,500 163,165 12,000
2,939,930 2,649,107
154

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

4,264,300 553,925 9,500 26,900 -- 0-- 19,220 21,285 12,650 306,000 4,000
5,217,780 4,810,541
265

3. Atlanta Area School for the Deaf Budget:
Personal Services .......................$ Regular Operating Expenses ..............$

1,722,610 184,359

2276

JOURNAL OF THE SENATE

Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$
Total Positions Budgeted

3,500 --0-- 1,500 39,900 21,025 6,000 110,000 --0-- 2,088,894 1,856,669
94

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

2,291,810 674,195 16,630 --0-- 6,000 244,685 15,265 --0-- 274,480
129,214 3,652,279 2,672,688
104

5. South Georgia Vocational-Technical School Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,896,420 508,825 15,000 -- 0-- 4,500 235,430 17,290 11,750 260,000 55,000
3,004,215 2,375,842
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 ..............................$

12,568,530 2,191,604
47,780 65,780 15,845 569,235 91,565 38,900 1,113,645

TUESDAY, MARCH 16, 1982
Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles
Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a 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.
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-

2277
200,214 711 80

2278

JOURNAL OF THE SENATE
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 (Code Section 20-2-152) teaching units so allocated to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated.
It is the intent of this General Assembly that local school systems have the authority to utilize increased maintenance and operation funds contained in this Ap propriations Act in such a fashion as to accomplish de facto funding of Section 12 of the Adequate Program for Education in Georgia (Code Section 20-2-158).
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) (Code Section 20-2-157(b)(2)| and Section 15 (M&O) (Code Section20-2-160).
Provided, that of the above appropriation for $927,500 for Staff Development, $92,750 is designated and committed to fund a State level staff development program specifically for Special Education Teachers (Section 5) (Code Section 20-2-152) 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(d)(2) of APEG (Code Sections 20-2-152, 20-2-153, 20-2-157, 20-2-181, and 20-2-181(d)(2)) for salaries, funds may be moved be tween said Sections by an amendment to the annual operating budget during the final month of the State fiscal year with the prior approval of the Office of Plan ning and Budget.
Provided, that of the above appropriation relative to Compensatory Education, $12,746,747 is designated

TUESDAY, MARCH 16, 1982

2279

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. 1983 en titlements were sufficient to cover eligible projects (pursuant to Section 48 of APEG]|Code Section 20-2250], based on a total state entitlement of $100 million for F.Y. 1983.
Provided, that of the above appropriation, relative to Capital Outlay, upon the merger of the Jackson County, Commerce and Jefferson City School Systems, $150,000 is designated and committed for planning and architectural design of the additional facilities needed to house comprehensive education programs at Commerce and Jefferson High Schools.
Provided, that from the above appropriated amount for the High School Program-Local Program Budget up to $51,000, if available, is authorized to pur chase vocational equipment for the Dodge County Comprehensive High School.
Provided, that from the above appropriated amount for the High School Program-Local Program Budget, $25,000 is designated and committed for the purchase of vocational equipment for Miller County High School.
Such vocational technical school shall not be authorized to offer or award associate, baccalaureate or graduate degrees, but shall be authorized to award diplomas or certificates for satisfactory completion of areas of study prescribed by the State Board of Educa tion.
Provided, that of the above appropriation relative to compensatory education, $3,585,000 is designated and committed for a compensatory education program for students in grade 10 and shall be used for remedial purposes only. These funds will be used for compen satory education teachers and auxiliary personnel in programs for students who fail or are at risk of failing to achieve the minimum standard level on the Georgia Basic Skills Test. Funds shall be distributed at the rate of $250 per student in grade 10 failing to achieve the minimum standard score on the math test or the reading test.

2280

JOURNAL OF THE SENATE

Section 20. Employees' Retirement System.

Budget Unit: Employees'Retirement System. .$ 13,872,760

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. ..............................$ Employer Contribution ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

547,661 13,650 8,400 --0-- 12,600 4,500
166,377 55,535 11,633 386,725 46,360
13,872,760 15,126,201 13,872,760
28

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Employer Contribution ..................$ Total Positions Budgeted Authorized Motor Vehicles

547,661 13,650 8,400 --0-- 12,600 4,500
166,377 55,535 11,633 386,725 46,360 13,872,760
28 1

Section 21. Forestry Commission.

Budget Unit: Forestry Commission ..........$
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

21,214,448
926,485 774,345
5,200 12,575 2,325 10,600
--0-- --0-- 10,225 16,560 -- 0-- 1,758,315 420,503
34

TUESDAY, MARCH 16, 1982

2281

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

14,973,195 3,767,125
90,000 868,275
23,300 1,363,830
--0-- 10,130 450,000 38,345 60,000 150,000 21,794,200 18,999,918
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

657,995 98,170 16,060 12,815 43,500 2,550 199,755 --0-- 18,200 5,685 352,000 --0--
1,406,730 1,394,027
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 .............$

16,557,675 4,639,640
111,260 893,665
69,125 1,376,980
199,755 10,130
478,425 60,590

2282

JOURNAL OF THE SENATE

Contractual Research. ...................$ Ware County Grant .....................$ Herty Foundation ......................$ Wood Energy Program. ..................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

352,000 60,000 --0--
400,000 150,000
870 751

It is the intent of this General Assembly that the Forestry Commisstion 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 ..........................$ 17,450,491

1. General Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

515,953 81,019
6,500 --0-- 4,000 1,860 6,921 33,700 21,370 3,200 5,500 --0-- 680,023 673,223
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

6,882,569 1,162,262
374,800 516,300
23,000 105,412
600 132,180 221,812
3,000 200,000
6,300 --0-- 9,628,235 9,538,946
244

TUESDAY, MARCH 16, 1982

2283

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

2,262,712 426,030 25,000 30,000 5,600 77,300 43,041 12,686 77,300 300 19,000 --0--
2,978,969 2,949,179
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

1,774,607 100,000 11,000 --0-- 50,000 25,000
1,916,261 3,600
392,000 40,000 20,000 4,332,468 4,289,143
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

11,435,841 1,769,311 417,300 546,300 82,600 209,572 1,966,823 182,166 712,482 46,500 200,000 50,800 --0-- 453 274

2284

JOURNAL OF THE SENATE

Provided, however, that the Department is authorized to use funds, appropriated above for Per sonal Services, in the Investigative Division, to upgrade one position per region when designated as Assistant Special Agent in Charge in accordance with recommendations of the Merit System of Personnel Administration.
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 ...................$ Total Expenditures Authorized ............$ 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--
867,635 32,500
8,000 --0-- 2,000 --0-- 17,135 52,075 12,100 110,000 1,101,445 1,090,431 --0--
29
867,635 32,500 8,000 --0-- 2,000 --0-- 17,135 52,075 12,100 110,000 29 0

Section 24. Office of the Governor.
A. Budget Unit: Governor's Office ..............................$
1. Governor's Office Budget:
Cost of Operations . .....................$ Transition Allowance. ...................$ Mansion Allowance .....................$

4,234,854
1,684,187 50,000 40,000

TUESDAY, MARCH 16, 1982

2285

Governor's Emergency Fund. .............$ Intern Stipends and Travel ...............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

2,000,000 123,298
3,897,485 3,897,485

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:

336,000 9,218 12,600 --0-- 1,075 --0-- --0--
20,132 10,459 22,000 411,484 337,369
15

Cost of Operations . .....................$ Transition Allowance. ...................$ 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 ....................$

1,684,187 50,000 40,000
2,000,000 123,298 336,000 9,218 12,600 --0-- 1,075 --0-- --0-- 20,132 10,459

2286

JOURNAL OF THE SENATE

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

22,000 15 1
6,860,640
455,040 93,800 9,800 --0-- 33,000 2,000 --0-- 172,476 10,000 68,000
844,116 835,675
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

151,000 11,163 5,500
--0-- 7,500 --0-- --0-- 19,745 7,875 9,000 1,442,806 281,525 20,000 1,956,114 1,652,471
8

3. Educational Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. .............................. .t Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases .................. .^ Computer Charges ......................$ Real Estate Rentals. .....................$

283,000 1,300 7,500 --0-- --0-- 5,000 4,000 -0-

TUESDAY, MARCH 16, 1982
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 ...................$ Computer Charges ......................$ Real Estate Rentals. .....................I Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2287
3,500 8,000 312,300 309,177
9
210,200 3,097
31,000 --0-- 300 --0-- --0-- --0-- 9,000 2,000
255,597 253,041
7
578,078 1,750 7,500 --0-- 1,200 575
40,000 --0-- 8,000 1,300
638,403 632,019
21
350,584 1,800 5,000 --0-- --0-- 500 --0-- --0-- 4,400 --0--
362,284 358,662
11

2288

JOURNAL OF THE SENATE

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 ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
10. Facilities Management Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

925,588 43,000 15,000 --0-- 6,000 1,600 6,426 56,062 102,000 7,000
1,162,676 812,568 44
310,328 19,000 35,000 --0-- 75,000 1,200 8,000 -0-- 18,000
3,662,068 4,128,596
297,118 12
118,000 11,550 3,000 --0-- 9,700 --0-- 6,000 8,110 1,795 4,800
162,955 162,593
4
105,000 300
5,600 --0--

TUESDAY, MARCH 16, 1982
Publications 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 .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$

2289
2,000 --0-- 99,332 --0-- 3,000 35,000 250,232 247,730
3
323,000 6,000 13,000 --0-- 1,000 800 --0-- --0-- 8,000 10,000
361,800 358,182
12
358,727 2,850 7,800 --0-- --0-- 1,000 --0-- --0-- 5,000 --0--
375,377 371,623
11
280,000 11,695 7,500 --0-- 972 --0-- --0-- 18,312 5,900

2290

JOURNAL OF THE SENATE

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

30,000 354,379 350,835
13
162,133 11,750 8,700 --0-- 12,000 --0-- --0-- 6,875 4,750 14,950
221,158 218,946
5

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Art Grants--State Funds .................$ Art Grants--Federal Funds ...............$ Art Grants--Donations ..................$ Total Positions Budgeted Authorized Motor Vehicles

4,610,678 219,055 161,900 --0-- 148,672 12,675 163,758 281,580 191,220
3,852,118 1,442,806
281,525 20,000 175 0

Provided, however, that of the above appropria tion relative to Art Grants--State Funds, not less than 95% of $1,442,806 is designated and committed for Grants to Counties, Cities and Non-Profit Organiza tions in the State of Georgia.
Section 25. Grants to Counties and Municipalities.

Budget Unit: Grants to Counties and Municipalities ..........................$ 6,800,000

1. Grants to Counties . .....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

2,600,000 2,600,000 2,600,000

TUESDAY, MARCH 16, 1982

2291

2. Grants to Municipalities .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

4,200,000 4,200,000 4,200,000

Budget Unit Object Classes:
Grants to Counties ......................$ Grants to Municipalities .................$

2,600,000 4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and 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 ..........................$ 235,524,564

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 .........................$ Social Services Block
Grant Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

14,014,200 2,624,905
591,525 --0--
143,430 87,305 974,396 2,814,200 530,980 1,086,070 153,200 536,800
--0-- 23,557,011
--0-- --0-- 10,509,023
1,655,800 11,392,188
720 7

General Administration and Support Functional Budgets

Total Funds Commissioner's Office ......$ 559,200 Child Care Licensing. .......$ 1,220,400 Laboratory Improvement .... $ 498,901 Child Support Recovery .....$ 6,587,080 Contract Management. ......$ 175,080

State Funds Pos.

$ 554,200

16

$ 1,115,400

55

$ 412,901

19

$ 727,800 282

$ 173,080

7

2292

JOURNAL OF THE SENATE

Public Affairs. .............$ 323,755

Office of Administrative

Appeals. ................$ 602,900

Health Care Facilities

Regulations. .............$ 1,699,999

Radiological Health .........$ 379,700

Administrative Policy,

Coordination

and Direction ............$ 1,903,765

Personnel. ................$ 1,458,290

Administrative Support

Services ................$ 1,826,640

Office of Review

and Investigation .........$ 1,284,560

Systems Planning,

Development and Training . $ 266,250

Program Analysis ..........$ 122,380

Electronic Data Processing,

Planning and Coordination .$ 385,116

Facilities Management ......$ 3,037,160

Regulatory Services--

Program Direction

and Support .............$ 471,980

MH/MR Advisory Council. ...$ 41,050

Council on Family Planning ..$ 66,800

Developmental Disabilities ...$ 283,800

Council on Maternal and

Infant Health ............$ 91,355

Community and Intergovern

mental Affairs. ...........$ 270,850

Indirect Cost ..............$

-0-

Undistributed .............$

--0--

Total. ....................$ 23,557,011

$ 320,555

12

$ 596,900

22

$ 599,999

64

$ 375,700

14

$ 1,901,765

4

$ 1,381,290

70

$ 1,792,840

52

$ 299,420

43

$ 264,250

9

$ 121,380

5

$ 385,116

0

$ 2,308,860

8

$ 467,980

15

$ 41,050

1

$

6,700

2

$

--0--

9

$ 91,355

3

$ 267,850

8

$ (2,814,203)

0

$

--0--

0

$ 11,392,188 720

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 ...................$ Social Services Black Grant Funds. .........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

4,941,000 132,500 191,400 --0-- 20,000 --0-- --0-- 3,800 1,000 115,000 --0-- 100 500,000
5,904,800 --0--
2,402,275 3,502,525
236 0

TUESDAY, MARCH 16, 1982

2293

Financial Management Functional Budgets

Total Funds

Budget Administration ......$ 1,471,300

Accounting Services ........$ 2,673,300

Auditing Services. ..........$ 1,760,200

Indirect Cost ..............$

--0--

Undistributed .............$

--0--

Total. ....................$ 5,904,800

State Funds Pos.

$ 1,466,300

37

$ 2,657,300 138

$ 1,750,200

61

$ (2,371,275)

0

$

--0--

0

$ 3,502,525 236

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. ..................$ Utilities ..............................$ Postage ...............................$ Benefits for Child Care ..................$ Total Funds Budgeted ...................$ Social Services Block
Grant Funds .........................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

2,781,945 13,778,315
132,000 --0--
108,200 7,700
287,202 57,600 75,250
34,212,654 275,000
215,000 --0--
37,000 640,000 52,607,866
15,873,000 --0--
30,544,275 6,190,591 120 111

Special Programs Functional Budgets

Total Funds State Economic
Opportunity Office. .......$ 251,350 District Programs,
Director's Office. .........$ 595,030 Child Development
Administration ...........$ 1,061,600 Child Development
Contracts--Foster Care ....$ 290,736 Special Projects ............$ 597,900 Child Development
Contracts-Day Care ......$ 19,435,297

State Funds Pos.

$ 123,675

8

$ 555,430

21

$ 365,900

39

$ 14,336

0

$ 597,900

0

$ 2,595,797

0

2294

JOURNAL OF THE SENATE

Child Development Contracts--Home Management ............$ 281,658
Child Development Contracts--Outreach ......$ 635,133
Information and Referral ....$ 325,340 Troubled Children Benefits. ..$ 915,000 Council on Aging. ..........$ 44,870 Energy Assistance ..........$ 17,320,000 Title XX Administration .....$ 984,302 Community Services ........$ 9,712,000 Undistributed .............$ 157,650 Total. ....,...............$ 52,607,866

$ 48,958

$ 81,333

$ 325,340

$ 915,000

43,870

$

--0--

$ 365,402

$

--0--

$ 157,650

$ 6,190,591

0
0 0 0 1 4 32 15 -0-- 120

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 DO AS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

2,251,700 120,890 57,700 --0-- 50,800 730 357,368 --0-- 193,200
5,381,665 -01,450
8,415,503 --0--
5,488,130 2,927,373
114 0

Public Health--Program Direction and Support Functional Budgets.

Total Funds

Director's Office ...........$ 487,680

Employee's Health .........$ 249,310

Primary Health Care ........$ 5,627,715

Health Program Management .$ 609,330

Vital Records ..............$ 932,700

Health Services Research ....$ 508,768

Undistributed .............$

--0--

Total. ....................$ 8,415,503

State Funds Pos.

$ 482,680

8

$ 212,310

9

$ 300,585

10

$ 519,330

27

$ 909,700

53

$ 502,768

7

$

--0--

0

$ 2,927,373 114

5. Public Health -- Family Health Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

5,558,840 2,022,834
295,600

TUESDAY, MARCH 16, 1982

2295

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

--0-- 130,800
6,780 122,703
3,500 47,550 6,367,470
--0-- 20,850
3,879,000 3,307,500
577,500 1,985,000
100,000
25,000
40,000
111,000
200,000 30,000
226,530 25,058,457
--0-- 11,125,699 13,932,758
242 4

Public Health -- Family Health Functional Budgets

Total Funds
Family Health Management ..$ 6,081,220 Cancer Control ............$ 2,615,330 Crippled Children ..........$ 4,841,730 Immunization .............$ 520,200 Maternal Health ...........$ 225,500 Sexually Transmitted Diseases $ 200,700 Infant and Child Health. .....$ 4,509,050 Diabetes. .................$ 208,850 Chronic Disease. ...........$ 1,503,574 Coordination, Education,
Prevention ..............$ 653,720 Malnutrition ..............$ 591,500 Stroke and Heart Attack
Prevention ..............$ 149,200 Family Planning ...........$ 840,133
Epidemiology. .............$ 995,725 Dental Health .............$ 69,300

State Funds Pos.

$ 336,570

23

$ 2,376,330

6

$ 2,643,388

60

$

--0--

17

$ 223,500

6

$ 198,700

6

$ 4,454,050

12

$ 59,748

5

$ 1,498,574

22

$

--0--

10

$

-0-

18

$ 148,200

6

$ 52,133

13

$ 829,540

11

$ 69,300

3

2296

JOURNAL OF THE SENATE

Community Tuberculosis

Control .................$ 1,052,725

Undistributed .............$

-0-

Total. ....................$ 25,058,457

$ 1,042,725

24

$

-0-

0

$ 13,932,758 242

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

3,161,000 459,500 53,900 --0-- 44,100 58,365 --0-- --0-- 5,000 829,015 --0-- 13,300
4,624,180 --0--
823,772 3,800,408
152 1

Public Health -- Community Health Functional Budgets

Total Funds
Occupational and Radiological Health .......$ 773,572
Laboratory Services. ........$ 3,175,740 Emergency Health. .........$ 587,900 Undistributed .............$ 86,968 Total. ....................$ 4,624,180

State Funds Pos.

$ 232,800

7

$ 2,970,740 129

$ 509,900

16

$ 86,968

0

$ 3,800,408 152

7. Public Health -- Local Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$ Contract -- Macon-Bibb County
Hospital Authority ....................$

12,350,000 23,264,500
484,800 --0--
31,700 43,410 195,920 144,100 4,983,847
7,050 32,150
3,000,000

TUESDAY, MARCH 16, 1982

2297

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 .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

45,000 75,000 175,000 1,220,000
250,000
3,600,000
51,000
49,000 29,473,948 79,476,425
--0-- 36,112,320 43,364,105
563 2

Public Health -- Local Services Functional Budgets

Total Funds

Minimum Foundation .......$ 7,057,054

Grant-in-Aid to Counties. ....$ 29,024,358

Stroke and Heart

Attack Prevention ........$ 1,091,242

Family Planning ...........$ 5,633,400

Sickle Cell, Vision

and Hearing .............$ 353,100

Sexually Transmitted

Diseases ................$ 1,072,850

High Risk Pregnant Women

and Their Infants .........$ 4,066,900

Newborn Follow-Up Care ....$ 289,750

District Dental. ............$ 1,118,835

Teenage Pregnancy Preventions 250,000

District Crippled Children. ...$ 2,187,050

Mental Retardation Projects ..$ 100,100

Malnutrition ..............$ 27,231,886

Undistributed .............$

--0--

Total. ....................$ 79,476,425

State Funds Pos.

$ 6,948,780 224

$26,031,273

0

$ 557,242

20

$ 2,520,400 183

$ 350,100

15

$ 85,000

29

$ 4,063,900

19

$ 287,750

12

$ 902,660

18

$ 250,000

0

$ 1,367,000

33

$

--0--

0

$

--0--

10

$

--0--

0

$ 43,364,105 563

Mental Health -- Program Direction and Support Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

3,308,100 127,850 153,000

2298

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$
Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$ Total Funds Budgeted ...................$ Social Services Block Grant Funds. .........$ Indirect DO AS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 79,000
1,000 1,178,162
--0-- 219,000
199,700 --0-- 1,150
5,266,962 15,000 --0--
620,220 4,631,742
131

Mental Health--Program Direction and Support Functional Budgets

Total Funds

Administration ............$ 2,965,862

Special Projects

and Contracts ............$ 60,550

Program Coordination. ......$ 2,240,550

Undistributed .............$

--0--

Total. ....................$ 5,266,962

State Funds Pos.

$ 2,937,862

63

$

--0--

2

$ 1,693,880

66

$

--0--

0

$ 4,631,742 131

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 .........................$ Social Services Block Grant Funds. .........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- --0-- -0--0-- --0-- --0-- --0-- --0-- --0-- 440,000 --0-- --0-- 575,669
173,400 15,691,771
106,961 482,000 127,000 328,000 17,924,801 5,982,564 1,230,600 10,711,637
0

TUESDAY, MARCH 16, 1982

2299

Purchase of Social Services Functional Budgets

Total Funds

Work Incentive Benefits .....$ 575,669

Grants to Fulton County

for 24-hour Emergency

Social Services ...........$ 173,400

Legal Services .............$ 440,000

AFDC--Family Foster Care ...$ 2,150,000

AFDC--Institutional

Foster Care ..............$ 829,298

Specialized Foster Care ......$ 53,064

Child Welfare-

Family Foster Care ........$ 4,186,000

Adoption Supplement .......$ 250,000

Non-AFDC Institutional

Foster Care ..............$ 240,000

Liability Insurance .........$ 15,400

Emergency Shelter Care .....$ 71,386

DayCare .................$ 604,300

Psychiatric, Psychological

and Speech Therapy. ......$ 130,000

Return of Runaways--County. $

7,000

Homemaker Projects. .......$ 1,043,961

Undistributed .............$ 7,155,323

Total. ....................$ 17,924,801

State Funds Pos.

$ 57,566

0

$ 173,400

0

$ 215,000

0

$ 725,000

0

$ 279,640

0

$ 53,064

0

$ 2,700,000

0

$ 98,700

0

$ 240,000

0

$ 15,400

0

$ 71,386

0

$ 180,100

0

$ 130,000

0

$

7,000

0

$ 256,561

0

$ 5,508,820

0

$ 10,711,637

0

10. Youth Services--Program Direction and Support:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ........... i. .... $ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage...............................$ Benefits for Child Care ..................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

754,000 18,000 18,000 --0-- 4,000 --0-- --0-- --0-- 20,100 3,500 --0-- --0-- --0--
817,600 --0--
8,000 809,600
29 0

2300

JOURNAL OF THE SENATE

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 ...................$ Social Services Block Grant Funds. .........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

996,000 27,800 42,000 --0-- 14,000 2,300 --0-- 3,100 29,000
20,953,077 60
200 22,067,537
3,368,035 16,949,941
1,749,561
41 224

Services to the Aged Functional Budgets

Total Funds

Title XX Adult Services ......$ 4,083,664

Administration and Planning .$ 2,495,540

Nutrition Grants ...........$ 8,886,845

Areawide Grants ...........$ 6,601,488

Undistributed .............$

--0--

Total. ....................$ 22,067,537

State Funds Pos.

$ 539,062

0

$ 350,036

41

$ 493,714

0

$ 366,749

0

$

--0--

0

$ 1,749,561

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 DO AS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,410,000 91,600 75,500 --0-- 30,900 --0--
543,379 --0--
72,000 483,222
--0-- 2,300 75,000 210,000 2,993,901 --0-- 1,853,800 1,140,101
53

TUESDAY, MARCH 16, 1982

2301

Vocational Rehabilitation--Program Direction and Support Functional Budgets

Total Funds

Program Direction and

Support. ................$ 2,085,379

Grants Management ........$ 908,522

Undistributed .............$

--0--

Total. ....................$ 2,993,901

State Funds Pos.

$ 747,379

45

$ 392,722

8

$

--0--

0

$ 1,140,101

53

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 DO AS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

3,113,300 363,880 21,500 12,000 1,270 17,500 --0-- 130,000 38,800 104,300 80,600 4,150 --0-- --0--
3,887,300 --0--
3,167,880 719,420 167 19

Vocational Rehabilitation--Facilities Functional Budgets

Total Funds

Youth Development Center--

V. R. Unit .................$ 353,760

Atlanta Rehabilitation Center ...$ 1,908,850

Alto Rehabilitation Center ..,...$ 265,040

Cave Spring

Rehabilitation Center ........$ 350,500

Central Rehabilitation Center ...$ 664,650

Georgia Vocational Adjustment

Center-Gracewood .........$ 344,500

Undistributed. ...............$

-0-

Total .......................$ 3,887,300

State Funds

$ 65,502 $ 364,850 $ 52,508

$ 66,800 $ 101,360

$ 68,400

$

-0-

$ 719,420

Pos.
15 76 12
18 27
19 0 167

2302

JOURNAL OF THE SENATE

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

7,400,000 1,711,280
47,680 51,025 22,170 76,445
--0-- --0-- 149,000 1,086,085 445,600 12,980 575,000 2,400,000 --0-- 13,977,265 --0-- 9,124,800 4,852,465
425 24

Roosevelt Warm Springs Rehabilitation InstituteFunctional Budgets

Total Funds

Administration ............$ 6,989,830

Rehabilitation Services ......$ 5,842,272

Instruction. ...............$ 430,030

Independent Living .........$ 526,000

Research/Training ..........$ 189,133

Undistributed .............$

--0--

Total. ....................$ 13,977,265

State Funds Pos.

$ 4,102,330 128

$ 32,972 255

$

7,030

16

$ 526,000

21

$ 184,133

5

$

--0--

0

$ 4,852,465 425

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 ..........................$

2,706,000 4,812,495
54,800 36,600
3,400 95,000
--0-- 11,600 26,500 64,000 93,500
5,800 -0225,000

TUESDAY, MARCH 16, 1982

2303

Total Funds Budgeted ...................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

8,134,695 7,618,800
515,895 44 14

Georgia Factory for the Blind Functional Budgets

Total Funds

Operations. ...............$ 7,023,400

Supervision ...............$ 372,045

Business Enterprise Vending

Stand Project ............$ 739,250

Undistributed .............$

--0--

Total. ....................$ 8,134,695

State Funds Pos.

$

--0--

8

$ 369,045

19

$ 146,850

17

$

--0--

0

$ 515,895

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 DO AS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

14,050,000 506,800 440,000 --0-- 10,600 18,500 --0-- 609,700 371,100 285,000 72,000 80,000
3,677,854 63,000
8,700,000
105,000 136,500 29,126,054
--0-- 18,972,958 10,153,096
687 5

17. Vocational RehabilitationDisability Adjudication Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

7,746,000 317,400 22,000 --0-- 51,600

2304

JOURNAL OF THE SENATE

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

17,460 --0--
513,685 445,500 431,295
-0155,000 7,000,000 16,699,940 16,699,940
--0-- 384

18. Public Assistance Budget:

Personal Services .......................$

--0--

Regular Operating Expenses ..............$ 3,159,468

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 .................$

62,160

AFDC Benefits .........................$ 182,766,550

Total Funds Budgeted ...................$ 185,988,178

Agency Funds .........................$ 124,297,228

State Funds Budgeted ...................$ 61,690,950

Total Positions Budgeted

0

Public Assistance Functional Budgets

Total Funds

Refugee Benefits ..........$ 3,159,468

AFDC Payments ..........$ 182,766,550

SSI--Supplement Benefits. ..$

62,160

Undistributed ............$

--0--

Total ...................$ 185,988,178

State Funds Pos.

$

-0-

0

$61,628,790

0

$ 62,160

0

$

--0--

0

$ 61,690,950

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-

TUESDAY, MARCH 16, 1982

2305

Local Services Benefits Payments Grants .....................$
Grants to Counties for Social Services .......................$
Total Funds Budgeted ...................$ Agency Funds .........................$ Social Services
Block Grant Funds ....................$ State Funds Budgeted ...................$ Total Positions Budgeted

54,682,882
44,460,000 99,142,882 37,538,749
15,464,983 46,139,150
0

Local Services--Community Services and Benefits Payments Functional Budgets

Total Funds

Local Services-

Benefits Payments Grants ..$ 54,682,882

Grants to Counties

for Social Services. ........$ 44,460,000

Undistributed .............$

--0--

Total. ....................$ 99,142,882

State Funds Pos.

$ 27,186,441

0

$18,952,709

0

$

--0--

0

$ 46,139,150

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. ..........$ Social Services Block
Grant Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

7,868,700 330,200 400,400 --0-- 566,700 5,700
5,040,066 178,100
1,079,400 3,352,500
9,200 226,600 19,057,566 10,459,450
--0--
1,297,117 7,300,999
343

Family and Children Services--Program Direction and Support Functional Budgets

Total Funds Director's Office ...........$ 424,600 Research and Demonstration .$ 61,500 Program Planning
and Development. ........$ 860,800

State Funds Pos.

$ 422,600

7

$ 61,500

3

$ 854,800

17

2306

JOURNAL OF THE SENATE

Program Management

and Training. ............$ 1,617,150

Administration

and Management .........$ 11,581,866

Management Information

Systems. ................$ 943,750

District Program Operations ..$ 2,665,900

District Administration ......$ 759,000

Indirect Cost ..............$

-0-

Undistributed .............$ 143,000

Total. ....................$ 19,057,566

$ 1,354,150

61

$ 4,696,571

88

$ 939,750

50

$ 2,650,900

99

$ 756,000

18

$ (4,578,272)

0

$ 143,000

0

$ 7,300,999 343

Budget Unit Object Classes:

Personal Services .......................$ 94,410,785

Regular Operating Expenses ..............$ 53,870,217

Travel. ...............................$ 3,081,805

Motor Vehicle Equipment Purchases .......$

99,625

Publications and Printing. ................$ 1,312,670

Equipment Purchases ...................$ 438,195

Computer Charges. .....................$ 8,503,276

Real Estate Rentals. .....................$ 4,521,205

Telecommunications ....................$ 3,447,480

Per Diem, Fees and Contracts .............$ 80,378,400

Utilities ..............................$ 861,210

Postage. ..............................$ 1,129,830

Capital Outlay .........................$ 2,400,000

Grants for Regional Prenatal

and Postnatal Care Programs ............$ 3,879,000

Crippled Children Benefits ...............$ 4,527,500

Kidney Disease Benefits .................$ 577,500

Cancer Control Benefits. .................$ 1,985,000

Benefits for Medically Indigent

High Risk Pregnant Women and

Their Infants. ........................$ 3,625,000

Family Planning Benefits. ................$ 301,530

Benefits for Midwifery Program ...........$

175,000

Grants for DeKalb County

Mental Retardation Project. .............$

51,000

Grants for Chatham County

Mental Retardation Project. .............$

49,000

Grant-In-Aid to Counties .................$ 29,473,948

Work Incentive Benefits .................$ 575,669

Grants to Fulton County for 24-hour

Emergency Social Services ..............$

173,400

Benefits for Child Care ..................$ 16,331,771

Homemaker Meals .....................$ 106,961

Chatham County Homemaker Project ......$ 482,000

Douglas County Homemaker Project .......$ 127,000

Fulton County Homemaker Project. ........$ 328,000

Grants for Nephrology Centers ............$ 210,000

Case Services ..........................$ 16,500,000

E.S.R.P. Case Services ...................$

75,000

SSI-Supplement Benefits .................$

62,160

AFDC Benefits .........................$ 182,766,550

TUESDAY, MARCH 16, 1982

2307

Local Services Benefits Payments Grants .....................$
Grants to Counties for Social Services .......$ Contract with Vocational
Rehabilitation Community Facilities ............................$ Contract for the Purchase of Clotting Factor for the Hemophilia Program ..................$ Contract with the Affirmative Industries .................$ Institutional Repairs and Maintenance .....................$ Contract with Emory University for Arthritis Research ..................$ Grant for Epilepsy Program. ..............$ Grant to Grady Hospital for
Cystic Fibrosis Program ................$ Contract for Scoliosis
Screening ...........................$ Menninger Group Homes ................$ Contract--Georgia
Advocacy Office, Inc. ..................$ Grant for Teenage Pregnancy
Prevention Program ...................$ Contract--Cancer Research
atEmory . ...........................$ Contract -- Macon-Bibb County
Hospital Authority ....................$ Cerebral Palsy Contract. .................$ Grants to Counties for
Metabolic Disorders Screening and Testing. .................$ Total Positions Budgeted

54,682,882 44,460,000
3,677,854
100,000 105,000 500,000 200,000 63,000 40,000 30,000 275,000 215,000 250,000 111,000 3,000,000 136,500
45,000 4,451

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.

2308

JOURNAL OF THE SENATE

There is hereby appropriated $61,628,790 in State funds for the purpose of making AFDC benefit payments.

Provided that for Fiscal 1983, the following max imum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2
3
4 5 6 7 8
9
10 11

Standards of Need
$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.
Provided, that of the above appropriation, $136,500 is designated and committed to operate the Rome Cerebral Palsy Center.
Provided, however, it is the intent of this General Assembly that no dentist shall be paid at a rate in ex cess of twenty-five dollars ($25.00) per hour for ser vices rendered in the District Dental Clinics.
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.

TUESDAY, MARCH 16, 1982
Provided that grants of Federal Maternal and Child Health Block Grant funds above the amounts an ticipated in this appropriation shall be used to improve and expand Public Health programs and not to sup plant State funds in this appropriation.
Provided, that of the above appropriation, the Department of Human Resources is authorized to 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,pOO) 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.
It is the intent of this General Assembly that with regard to the appropriation for Contract with Voca tional Rehabilitation Community Facilities, at least $112,854 is provided for an increase to the Bobby Dodd Workshop.
B. Budget Unit: State Health Planning and Development ...................$
State Health Planning and Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

2309
431,400 793,300
57,000 21,100

2310

JOURNAL OF THE SENATE

Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles
Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Publications and Printing. .................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Positions Budgeted Authorized Motor Vehicles

7,800 --0-- 30,600 80,200 24,800 191,000 6,600 1,212,400 --0-- 781,000 431,400
33 0
793,300 57,000 21,100
7,800 --0-- 30,600 80,200 24,800 191,000 6,600
33 0

C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions. ...............$ 270,654,740

1. Georgia Regional Hospital at Augusta Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$ Authority Lease Rentals. .................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

8,464,639 1,058,918
12,430 25,885
4,000 79,316 100,108
--0-- 95,000 249,550 300,000
9,150 387,000 188,375 10,974,371 1,185,814
--0-- 9,788,557
497 25

TUESDAY, MARCH 16, 1982

2311

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

10,720,851 1,445,232 17,400 7,755 9,100 103,080 147,529 --0-- 121,000 312,130 444,000 11,000 34,000 513,000
13,886,077 2,171,297
--0-- 11,714,780
631 25

3. Georgia Regional Hospital at Savannah Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$ Authority Lease Rentals. .................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

8,693,318 819,887 14,500 --0-- 1,900 47,457 140,591 --0-- 106,250 164,595 377,000 6,900 500,000 --0--
10,872,398 1,045,135 --0-- 9,827,263 503 22

4. West Central Georgia Regional Hospital Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

7,240,243 847,500 13,200 7,555 5,620

2312

JOURNAL OF THE SENATE

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

28,665 98,202
--0-- 90,000 41,000 371,000 12,500 666,500 25,000 9,446,985 1,311,837
--0-- 8,135,148
424 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

10,819,965 1,215,073 12,380 31,150 1,360 113,806 152,291 --0-- 96,000 36,600 1,073,210 9,125 --0-- 883,500
14,444,460 2,956,324
--0-- 11,488,136
682 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 ...............................$

25,757,473 2,606,929 11,725 14,385 6,587 289,623 100,108 --0-- 265,000 119,000 1,475,000 13,900

TUESDAY, MARCH 16, 1982

2313

Capital Outlay .........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ Indirect DO AS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted--
July 1,1982 Total Positions Budgeted--
June 30, 1983 Authorized Motor Vehicles

1,177,488 31,837,218 11,777,189
--0-- 20,060,029
1,686
1,625 111

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--
July 1,1982 Total Positions Budgeted--
June 30, 1983 Authorized Motor Vehicles

17,841,615 1,885,704 18,100 32,450 5,300 140,780 156,486 --0-- 143,000 244,000 737,000 15,500 550,000
21,769,935 6,896,538 --0-- 14,873,397
1,154
1,138 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. ..........$

14,943,902 2,534,630
12,800 25,350
6,750 153,787 158,207
--0-- 169,200 139,870 1,056,500
12,680 794,000 100,000 20,107,676 8,607,035
--0--

2314

JOURNAL OF THE SENATE

State Funds Budgeted ...................$ Total Positions Budgeted--
July 1,1982 Total Positions Budgeted--
June 30, 1983 Authorized Motor Vehicles

11,500,641
935
916 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

9,073,954 1,081,189
13,900 --0-- 5,655
51,115 174,054
--0-- 172,000 651,915 1,251,000 11,900
--0-- --0-- 12,486,682 1,075,777 --0-- 11,410,905
510 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 1,1982 Total Positions Budgeted--
June 30, 1983 Authorized Motor Vehicles

67,065,162 9,044,690
22,100 91,110 35,500 191,341 654,722
--0-- 476,900 245,685 4,133,416 42,500 787,875 765,000 83,556,001 22,132,222
--0-- 61,423,779
4,162
4,119 215

TUESDAY, MARCH 16, 1982

2315

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

11,720,488 1,433,500 8,000 138,580 3,200 204,600 --0-- --0-- 100,000 157,800 750,000 19,500 340,000
14,875,668 447,074
14,428,594 714 103

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 Athens RYDC ................$ Grants to County-Owned Detention
Centers .............................$ Total Funds Budgeted ...................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

6,190,928 866,100 12,000 33,085 3,000 68,995 --0-- --0-- 56,500 76,500 500,000 9,500 25,000 82,000
2,418,125 10,341,733
324,897 10,016,836
406 41

13. Community Mental Health/ Mental Retardation Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

9,111,460 557,309 55,360 40,700 6,000

2316

JOURNAL OF THE SENATE

Equipment Purchases ............,......$

20,500

Computer Charges ......................$

--0--

Real Estate Rentals. .....................$

108,600

Telecommunications ....................$

48,250

Per Diem, Fees and Contracts .............$ 255,150

Utilities ..............................$

28,300

Postage ...............................$

3,275

Capital Outlay .........................$

--0--

Drug Abuse Contracts ...................$ 1,098,200

Day Care Centers for the

Mentally Retarded ....................$ 45,534,326

MR Day Care Center Motor

Vehicle Purchases. ....................$ 579,000

Supportive Living Staff ..................$ 1,368,000

Supportive Living Benefits ...............$ 3,944,733

Georgia State Foster

Grandparent/Senior

Companion Program ..................$ 514,000

Community Mental Health

Center Services. ......................$ 55,051,729

Project Rescue .........................$ 249,412

Project ARC ...........................$

155,000

Project Friendship ......................$ 209,000

Group Homes for

Autistic Children .....................$ 260,140

Uniform Alcoholism Projects .............$ 2,406,250

Community Mental

Retardation Staff. .....................$ 2,626,866

Community Mental Retardation

Residential Services ...................$ 8,060,040

Total Funds Budgeted ...................$ 132,291,600

Social Services

Block Grant Funds ....................$ 20,700,000

Agency Funds .........................$ 45,362,021

State Funds Budgeted ...................$ 66,229,579

Total Positions Budgeted

453

Authorized Motor Vehicles

803

Community Mental Health/Mental Retardation Services Functional Budgets

Total Funds
Mental Health Community Assistance. ..............$ 5,442,527
Outdoor Therapeutic Program ................$ 903,455
Mental Retardation Community Assistance ....$ 1,483,332
Central Pharmacy ..........$ 105,503 Metro Drug Abuse Centers ...$ 1,091,991 Day Care Centers for the
Mentally Retarded ........$ 46,428,739 Supportive Living ..........$ 5,312,733

State Funds Pos.

$ 5,332,145 240

$ 896,966 35

$ 1,468,602 64

$ 104,455

3

$ 454,351 47

$ 22,480,105 21

$ 3,082,733

0

TUESDAY, MARCH 16, 1982

2317

Georgia State Foster

Grandparent/Senior

Companion Program ......$ 514,000

Community Mental

Retardation Staff .........$ 2,626,866

Community Mental

Retardation Residential

Services ................$ 8,060,040

Group Homes for

Autistic Children .........$ 260,140

Project Rescue .............$ 249,412

Drug Abuse Contracts .......$ 1,098,200

Project ARC.... ...........$ 155,000

Project Friendship ..........$ 209,000

Community Mental Health

Center Services. ..........$ 55,778,582

Uniform Alcoholism Projects .$ 2,406,250

Central Laboratory .........$ 165,830

Undistributed .............$

--0--

Total. ....................$ 132,291,600

$ 514,000

0

$ 1,927,733

0

$ 6,085,319

0

$ 260,140

0

$

86,412

0

$ 252,562

0

$ 155,000

0

$ 209,000

0

$ 20,735,506 36

$ 2,184,550

0

$

--0--

7

$

--0--

0

$ 66,229,579 453

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

7,815,993 1,046,644
378,800 24,750 3,750 32,685 --0--
274,200 208,500
--0-- 30,200 20,850 15,000 9,851,372 9,757,096
421 19

Community Youth Services Functional Budgets

Total Funds Group Homes .............$ 420,550 Community Detention ......$ 896,300 Day Centers. ..............$ 552,475 Community Treatment
Centers .................$ 1,692,525 Court Services .............$ 5,503,798 Runaway Investigations .....$ 372,250 Interstate Compact .........$ 70,700 Undistributed .............$ 342,774 Total. ....................$ 9,851,372

State Funds Pos.

$ 420,550

19

$ 896,300

18

$ 552,475

24

$ 1,692,525

82

$ 5,409,522 260

$ 372,250

15

$ 70,700

3

$ 342,774

0

$ 9,757,096 421

2318

JOURNAL OF THE SENATE

15. Regular Operating Expense Reserve Budget:
Regular Operating Expense ...............$ Total Funds ...........................$ State Funds. ...........................$

--0-- --0-- --0--

Budget Unit Object Classes:

Personal Services .......................$ 215,459,991

Regular Operating Expenses ..............$ 26,443,305

Travel. ...............................$ 602,695

Motor Vehicle Equipment Purchases .......$ 472,755

Publications and Printing. ................$

97,722

Equipment Purchases ...................$ 1,525,750

Computer Charges. .....................$ 1,882,298

Real Estate Rentals. .....................$ 382,800

Telecommunications ....................$ 2,147,600

Per Diem, Fees and Contracts .............$ 2,693,795

Utilities ..............................$ 12,526,626

Postage. ..............................$ 198,280

Capital Outlay .........................$ 3,204,863

Authority Lease Rentals. .................$ 4,531,875

Grants to County-Owned

Detention Centers. ....................$ 2,418,125

Reserve for Athens RYDC ................$

82,000

Drug Abuse Contracts ...................$ 1,098,200

Day Care Centers for the

Mentally Retarded ....................$ 45,534,326

MR Day Care Center Motor

Vehicle Purchases. ....................$ 579,000

Supportive Living Staff ..................$ 1,368,000

Supportive Living Benefits ...............$ 3,944,733

Georgia State Foster

Grandparent/Senior

Companion Program ..................$ 514,000

Community Mental Health

Center Services. ......................$ 55,051,729

Project Rescue .........................$ 249,412

Project ARC ...........................$ 155,000

Project Friendship ......................$ 209,000

Group Homes for

Autistic Children .....................$ 260,140

Uniform Alcoholism Projects .............$ 2,406,250

Child Care Benefits .....................$

15,000

Community Mental

Retardation Staff. .....................$ 2,626,866

Community Mental Retardation

Residential Services ...................$ 8,060,040

Total Positions Budgeted--

July 1,1982

13,178

Total Positions Budgeted--

June 30, 1983

13,039

Authorized Motor Vehicles

1,546

TUESDAY, MARCH 16, 1982

2319

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 Mental Retardation Residential Ser vices, the Department is authorized to increase the maximum monthly payments to service providers from $350 to $385 and to supplant State funds with patient collections to reduce the State cost of the pro gram.
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 Mental Retardation 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 com munities from the institution.
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, 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.

2320

JOURNAL OF THE SENATE

Provided, that of the above appropriation relating to Central State Hospital, the Department is authorized to establish a unit for the severely psychiatrically regressed with existing funds and personnel.
Provided, that of the above appropriation relating to Community Mental Health Center Services, the Department is authorized to make payments through the Clarke County Board of Health to the Athens General Hospital on a fee for service basis for those clients, referred for admission by physicians acting on behalf of the Northeast Georgia Community Mental Health Center, who meet the hospital's criteria for establishing indigency. This rate will be established at the prevailing rate paid by Medicaid for these services to the Athens General Hospital.

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

8,828,608
553,000 11,805 43,000 --0-- 8,000 547 12,500 --0-- --0-- 1,000
629,852 623,553
23
320,000 4,840 2,000 --0--
20,100 2,700 3,066 --0-- --0-- 7,923 360,629 357,023
14

TUESDAY, MARCH 16, 1982

2321

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 ..................$

648,119 72,675 65,000 --0--
239,500 5,355
22,400 --0-- --0--
61,280
40,000 1,154,329 1,143,212
30
1,358,000 338,755 36,330 --0-- 12,000 19,605 --0-- --0-- 13,924 4,450 --0-- 95,000
1,878,064 1,770,233
99
605,000 240,270
15,000 48,200 40,000
1,058 860
225,000 115,600
17,000 160,000
2,605,000
1,000,000
25,000

2322

JOURNAL OF THE SENATE

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. .....................$ RealEstateRentals. .....................$ 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
100,000
--0--
--0--
80,000 5,312,988 3,208,124
25
570,000 47,930 80,000 --0-- 25,000 3,010 20,000 47,190 24,926 89,250
907,306 898,463
16
828,000 828,000 828,000
0
4,054,119 716,275 241,330 48,200 344,600 32,275 58,826 272,190 154,450 180,903 160,000 -095,000 828,000
2,605,000

TUESDAY, MARCH 16, 1982

2323

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

1,000,000
40,000
25,000 25,000 10,000
100,000
--0--
--0--
80,000 207 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 .............$ Atlanta Convention and
Visitors Bureau .......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,880,909 1,085,408
24,000 --0--
21,000 40,000
600 --0-- 45,840 157,080
765,972 5,020,809
--0-- 120

2. Georgia Ports Authority Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$

23,953,056 7,870,228 435,207 472,080 108,108 3,836,805 99,403 302,960

2324

JOURNAL OF THE SENATE

Repayments for State General Obligation Bonds and Authority Lease Rental Obligations ...............$
Computer Charges. .....................$ Per Diem, Fees and Contracts .............$ Other Debt-Service Payments .............$ Capital Outlay--Internal
Operations ..........................$ Capital Reinvestment ...............,...$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,089,184 457,142
1,211,582 696,150
4,024,965 --0--
45,556,870 --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 .............$ Repayments for State General
Obligation Bonds and Authority Lease Rental Obligations ...............$ Other Debt-Service Payments .............$ Capital Outlay--Internal Operations ..........................$ Atlanta Convention and Visitors Bureau .......................$ Total Positions Budgeted Authorized Motor Vehicles

26,833,965 8,955,636 459,207 472,080 129,108 3,876,805 457,742 99,403 348,800 1,368,662
2,089,184 696,150
4,024,965
765,972 870 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

TUESDAY, MARCH 16, 1982

2325

operating revenues derived from the operation of the parking and truck-marshalling facilities contemplated in such Capital Outlay appropriation.
It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority utilize existing surplus funds for payments to bond trustees for unmatured issues.

Section 28. Department of Labor.

A. Budget Unit: Inspection Division ..........$ 811,177

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

668,295 10,200 119,024 --0-- 5,000 465 --0-- 7,591 8,000 500
819,075 811,177
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

668,295 10,200
119,024 --0-- 5,000 465 --0-- 7,591 8,000 500 29

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training ..............$

3,156,367

1. Basic Employment Security and W.I.N. Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

38,192,569 2,396,700 1,057,741
--0-- 10,600

2326

JOURNAL OF THE SENATE

Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ W.I.N. Grants .........................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,005,000 1,038,000 1,117,000
948,000 1,250,000
600,000 --0--
47,615,610 1,278,049 1,601

2. Comprehensive Employment and Training Act (CETA) Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts (CETA). ......$ CETA Direct Benefits. ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

8,242,500 839,200 121,000 --0-- 6,000 87,000 104,000 206,000 113,000 381,000
34,500,000 44,599,700
--0-- 422

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

1,668,300 44,700 50,866 --0-- 750 1,000 3,600 63,000 39,000 23,600
1,894,816 1,878,318
74

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 ....................$

48,103,369 3,280,600 1,229,607 --0-- 17,350 1,093,000 1,145,600 1,386,000 1,100,000

TUESDAY, MARCH 16, 1982

2327

Per Diem, Fees and Contracts (CETA) .......$ Per Diem, Fees and Contracts .............$ W.I.N. Grants .........................$ CETA Direct Benefits. ...................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

381,000 1,273,600
600,000 34,500,000
--0-- 2,097
6

Section 29. Department of Law.

Budget Unit: Department of Law. ...........$ 4,253,633

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

3,747,000 214,700 105,000 --0-- 37,200 6,800 9,252 53,000 293,480 89,891 40,000 --0--
4,596,323 4,253,633
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

3,747,000 214,700 105,000 --0-- 37,200 6,800 9,252 293,480 89,891 40,000 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-

2328

JOURNAL OF THE SENATE

pend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimburse ment to the Department of Law as provided by law.

Provided, however, that of the above appropria tion relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees.

Section 30. Department of Medical Assistance.

Budget Unit: Medicaid Services ..............$ 204,170,526

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

1,557,819 37,973 85,500 --0-- 10,358 5,602 --0-- 59,000 55,900 26,000 950 --0-- --0--
1,839,102 864,792 74

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

986,772 64,711 11,000 --0-- 17,500 2,000 55,000 67,500 25,960
233,500 164,564
-- 0-- 599,700 2,228,207 870,372
45

TUESDAY, MARCH 16, 1982

2329

3. Program Management Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Utilities ..............................$ Contract with Georgia Medical
Care Foundation......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,838,355 63,011 50,000 --0-- 36,200 3,000 --0-- 69,600 78,200
8,736,700 --0-- --0--
--0-- 10,875,066
1,391,487 98

4. Operations Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ................. . . . $ Per Diem, Fees and Contracts .............$ Postage ...............................$ Utilities ..............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,868,708 166,968 4,800 --0-- 114,000 1,800
8,237,661 95,600 89,700 76,000 675,659 -0-
11,330,896 --0--
8,420,288 2,910,608
111

5. Benefits Payments Budget:

Medicaid Benefits ......................$ 619,689,843

Payments to Counties

for Mental Health .....................$ 8,898,900

Total Funds Budgeted ...................$ 628,588,743

State Funds Budgeted ...................$ 198,133,267

Total Positions Budgeted

0

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

6,251,654 332,663 151,300 --0-- 178,058

2330

JOURNAL OF THE SENATE

Equipment Purchases ...................$

12,402

Computer Charges. .....................$ 8,292,661

Real Estate Rentals. .....................$ 291,700

Telecommunications ....................$ 249,760

Per Diem, Fees and Contracts .............$ 9,072,200

Postage. ..............................$ 841,173

Utilities ..............................$

--0--

Medicaid Benefits ......................$ 619,689,843

Payments to Counties for

Mental Health. .......................$ 8,898,900

Audits Contracts .......................$ 599,700

Contract with Georgia

Medical Care Foundation ...............$

--0--

Total Positions Budgeted

328

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 therebefore.

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, 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 .......$

4,574,525

1. Applicant Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$

831,040 16,490 11,670 --0-- 55,000 6,250
416,130 --0--

TUESDAY, MARCH 16, 1982

2331

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

20,260 2,800
75,480 1,435,120 1,435,120
41
458,655 6,160 2,465 --0-- 7,840 --0--
159,665 --0-- 6,530 1,000 2,555
644,870 644,870
20
301,225 8,470 1,025 --0-- 800 225
207,565 --0-- 5,195 --0-- 1,100
525,605 525,605
14

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 .............$

561,745 29,000 22,765 --0-- 20,000 2,350 15,965 --0-- 10,720 127,500

2332

JOURNAL OF THE SENATE

Postage ...............................$ Total Funds Budgeted ...................$ Agency Assessments ....................$ Total Positions Budgeted

3,600 793,645 793,645
24

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

438,435 11,220 3,595 --0-- 9,900 1,425
234,280 23,000 38,485
3,427,270 24,420
4,212,030
--0--
4,212,030 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 .............$ 4,678,665

Postage ...............................$

--0--

Health Insurance Claims ................ . $ 134,990,000

Total Funds Budgeted ...................$ 139,668,665

Other Health Insurance Agency Funds ......$

--0--

Employer and Employee Contributions .....$ 139,668,665

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 ....................$

675,150 16,510 5,475 --0-- 8,000 1,615 63,995 --0-- 14,440

TUESDAY, MARCH 16, 1982

2333

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

--0-- 3,330
--0-- 788,515 615,920 144,011 28,584
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

283,750 13,825 9,200 --0-- 14,630 --0-- --0--
178,950 5,385
49,960 3,665
559,365 559,365
8

Budget Unit Object Classes:

Personal Services .......................$ 3,550,000

Regular Operating Expenses ..............$

101,675

Travel. ...............................$

56,195

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$

116,170

Equipment Purchases ...................$

11,865

Computer Charges. .....................$ 1,097,600

Real Estate Rentals. .....................$ 201,950

Telecommunications ....................$

101,015

Per Diem, Fees and Contracts .............$ 8,287,195

Postage. ..............................$ 114,150

Federal Sub-grants to

State and Local Agencies ...............$

--0--

Health Insurance Claim Payments .........$ 134,990,000

Total Positions Budgeted

166

Authorized Motor Vehicles

0

Provided, that it is the intent of this General Assembly that the employer contribution 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 Re quired Local Effort.

2334

JOURNAL OF THE SENATE

Section 32. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources.! 49,180,914

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

1,925,800 183,504 19,500 --0-- 187,290 7,900 171,325 153,542 70,714 68,500 96,800 75,000
2,959,875
40,000 2,866,676
84

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-
Consolidated Maintenance. .............$ Capital Outlay--Heritage
Trust--Wildlife Management Area Land Acquisition .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

11,465,687 3,293,350
93,775 698,012 80,300 370,200 50,800 42,581 221,150 83,155
64,000
8,000
--0-- 433,730
--0--
241,506
350,000 17,496,246 14,066,989
484

TUESDAY, MARCH 16, 1982

2335

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 .......................$ Technical Assistance Contract. ............$ Contract--Special Recreation,
Unlimited ...........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

8,211,000 3,614,241
100,323 177,297 125,000 254,600
17,220 111,392 230,270 185,600 65,000 286,000 1,525,850 300,000 825,000 2,183,000 1,500,0*00 215,000
-0186,000 50,000
1,200,000 100,000
32,500 21,495,293 12,823,002
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

8,909,209 662,987 288,510 36,214 74,300 45,398 128,550 482,560 174,440 682,699 98,000
1,500,000 6,000,000
250,437
125,000 19,458,304 16,139,616
347

2336

JOURNAL OF THE SENATE

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. Georgia Hazardous Waste Management Authority Budget:
Payments to Georgia Hazardous Waste Management Authority ...........$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

755,301 225,911
20,000 --0--
28,100 5,231 14,894 --0--
24,361 8,450 16,900 --0--
2,763
13,000 1,114,911 1,061,900
29
510,884
376,847 887,731 887,731
0
--0--
1,255,000 1,255,000 1,255,000
0
80,000 80,000 80,000
0

TUESDAY, MARCH 16, 1982

2337

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. ..........$ Georgia Sports Hall of Fame ..............$ Capital Outlay--Heritage Trust--Wildlife Management Area Land Acquisition .................$ Payments to Georgia Hazardous Waste Management Authority ...........$ Capital Outlay -- User Fee Enhancements .......................$ Capital Outlay -- Buoy Maintenance. ........................$ Capital OutlayConsolidated Maintenance. .............$ Technical Assistance Contract. ............$

31,266,997 7,979,993 522,108 911,523 494,990 683,329 382,789 790,075 720,935 1,028,404 340,700 1,500,000 215,000
--0-- 6,000,000 1,500,000
250,437
125,000 8,000
719,730
1,528,613 300,000 75,000
2,183,000 825,000
510,884
376,847
--0--
1,255,000 186,000 50,000
350,000
80,000
1,200,000
13,000
241,506 100,000

2338

JOURNAL OF THE SENATE

Contract--Special Recreation, Unlimited ...........................$
Total Positions Budgeted Authorized Motor Vehicles
Provided, that no land shall be purchased for State park purposes from funds appropriated under this Sec tion or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.
Provided, however, that $1,000,000 of the above appropriation for Water and Sewer Grants shall be available for allotment to counties and municipalities for emergency type projects, and that $5,000,000 is designated and committed for grants to local govern ments for water and sewer projects utilizing a max imum State match of 50% of the total cost of each proj ect. Provided, further that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
Provided that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided further, it is the intent of this General Assembly that a two paygrade increase be authorized for the Geologist and Senior Geologist classes and a one paygrade increase be authorized for the Principal Geologist class.
B. Budget Unit: Authorities ..........................$
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 ...............$

32,500 1,338 1,017
--0--
1,508,000 581,500 5,950 34,500 42,000 77,160 --0-- -0-- 39,000 27,500 731,194 --0--

TUESDAY, MARCH 16, 1982

2339

Promotion Expenses ....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
2. Jekyll Island State Park Authority Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Mortgage Payments .....................$ Capital Outlay .........................$ Promotion Expenses ....................$ Payments to the Department
of Natural Resources ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Georgia Hazardous Waste Management Authority Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
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 .............$

--0-- 3,046,804
--0-- 63
2,339,866 1,724,023
18,954 60,000 18,688 203,730 20,000
--0-- 37,978 63,300
--0-- 1,255,000
--0--
40,000 5,781,539
--0-- 162
--0-- --0-- --0-- --0-- --0-- -- 0-- --0-- --0-- 80,000 --0-- 80,000 --0--
0
3,847,866 2,305,523
24,904 94,500 60,688 280,890 20,000
--0-- 76,978 170,800

2340

JOURNAL OF THE SENATE

Capital Outlay .........................$ Promotion Expense .....................$ Campground Sinking Fund ...............$ Payments to the Department
of Natural Resources ..................$ Mortgage Payments .....................$ Total Positions Budgeted Authorized Motor Vehicles
It is the intent of this General Assembly that Lake Lanier Islands Development Authority shall not be free to borrow money until the Authority requests and ob tains the approval of the Georgia State Financing and Investment Commission.

1,986,194 --0-- --0--
40,000 --0-- 225 91

Section 33. Department of Offender Rehabilitation.

A. Budget Unit: Department of Offender Rehabilitation. .......................$ 117,427,251

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

3,281,300 260,315 60,030 --0-- --0-- 19,300 627,304 225,000 170,400 491,245 --0--
5,134,894 5,086,599
148

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

1,229,070 116,410 770 --0-- --0-- 20,205 --0-- --0-- 13,500 --0-- 111,680
1,491,635 1,476,720
65

TUESDAY, MARCH 16, 1982

2341

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 ..............................$ 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 .............$ Utilities ..............................$ Health Service Purchases. ................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

4,979,860 714,487 7,854 -- 0-- 2,899 40,664 --0-- 30 42,470 2,400 496,500 64,606
6,351,770 6,289,320
303
1,233,921 57,130 3,400 --0-- --0-- 4,920 --0-- --0-- 4,000 -- 0-- --0--
1,303,371 1,088,450
50
4,794,844 652,807 2,200 --0-- --0-- 20,644 --0-- --0-- 39,645 3,300 478,000 67,835
6,059,275 5,999,360
288

2342

JOURNAL OF THE SENATE

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

10,921,560 818,075 7,750 --0-- --0-- 153,600 --0-- -073,800 63,800
1,200,000 -0-
13,238,585 13,081,450
676

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

3,706,085 383,475 4,465 --0-- --0-- 38,305 --0-- --0-- 43,750 12,000 314,400
4,502,480 4,335,805
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

1,861,500 184,415 2,500 --0-- --0-- 2,450 --0-- --0-- 24,100 --0-- 200,000
2,274,965 2,252,215
117

9. Montgomery Correctional Institution Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

1,086,900 140,760 1,450

TUESDAY, MARCH 16, 1982

2343

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
12. Jack T. Rutledge Correctional Institution Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

-- 0-- --0-- 11,850 --0-- --0-- 14,000 3,360 124,600 --0-- 1,382,920 1,369,090
59
1,089,880 166,650 2,600 --0-- --0-- 22,660 --0-- --0-- 18,500 --0-- 121,500
1,421,790 1,407,575
62
1,845,226 101,378 200 --0-- --0-- 4,556 --0-- --0-- --0-- --0-- --0--
1,951,360 1,931,845
110
2,432,800 230,570 1,500 --0-- --0--

2344

JOURNAL OF THE SENATE

Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
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 ..............................$ Health Service Purchases. ................$ 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. ...............................$

1,105 --0-- --0-- 13,000 -- 0-- 230,000 2,908,975 2,879,885
140
4,124,915 543,727 4,300 --0-- --0-- 61,495 --0-- 3,960 93,486 --0-- 200,000 44,000
404,000 5,479,883 5,425,675
241
2,231,170 204,250 2,075 --0-- --0-- 7,645 --0-- --0-- 15,750 --0-- 212,000
2,672,890 2,646,160
135
1,638,580 95,100 -0-

TUESDAY, MARCH 16, 1982

2345

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 ..............................$ 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 ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

-- 0-- -- 0--
785 -- 0-- --0-- --0-- -- 0-- --0--
--0-- 1,734,465 1,717,120
97
2,881,881 360,125 2,580 --0-- --0-- 11,904 --0-- 8,700 34,000 10,000 51,040 210,000
3,570,230 3,535,040
184
2,788,790 470,632 5,993 --0-- 3,201 8,760 --0-- 5,000 37,000 10,800 94,969 209,000
3,634,145 3,529,455
177

2346

JOURNAL OF THE SENATE

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

2,658,191 195,791 54,900 --0-- --0-- 4,565 --0-- 3,000 26,270 97,000 --0--
3,039,717 3,009,628
125

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. .................$ Payments to Jails for State
Prisoner Medical Costs .................$ Court Costs .........,.................$ Inmate Release Funds ...................$ County Subsidy ........................$ County Subsidy for Jails. .................$ Revolving Fund for County
Workcamp Construction ...............$ Central Repair Fund ....................$ Grants for County Workcamp
Construction .........................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

92,200 1,085,980
15,000 --0--
145,000 217,220
--0-- --0-- --0-- --0-- --0-- 840,000
219,000 264,000 630,000 6,761,625 712,500
92,072 500,000
155,000 1,360,000 13,089,597 12,895,842
3

20. Training and Staff Development Center Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

663,000
166,700 117,000
--0-- 2,600

TUESDAY, MARCH 16, 1982

2347

Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
21. D.O.T. Work Details Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
22. Food Processing and Distribution Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Payments to Central State
Hospital for Meals ....................$ Payments to Central State
Hospital for Utilities ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
23. Farm Operations Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

10,000 --0--
34,000 16,000
--0-- 18,000 1,027,300 1,017,027
32
420,000 14,100 --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
434,100 --0-- 26
2,494,232 3,813,640
8,150 --0-- --0-- 165,000 --0-- --0-- 9,000 --0-- --0-- --0--
1,401,635
45,000 7,936,657 7,477,020
165
600,000 2,921,800
--0-- --0--

2348

JOURNAL OF THE SENATE

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 ..............................$ Health Service Purchases. ................$ 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 .......$

--0-- 60,000
--0-- --0-- --0-- 49,900 --0-- --03,631,700 3,565,685
33
1,700,917 276,240 2,000 --0-- --0-- 9,369 --0-- 6,000 23,000 36,000 175,000 41,554
2,270,080 2,243,895
146
2,124,900 216,820 6,000 --0----0-- 15,300 --0-- 201,800 32,800 5,800 221,000 --0--
2,824,420 2,796,175
119
3,565,805 947,700 6,000 --0--

TUESDAY, MARCH 16, 1982

2349

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

--0--
7,600 --0-- 8,700 30,950 4,800 330,000 1,147,000 6,048,555 5,991,740
289

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

3,080,400 675,550 --0-- --0-- --0-- 36,850 --0-- --0-- 2,500 --0-- --0--
6,606,000 10,401,300 10,363,345
145

28. Middle Georgia Correctional Institution--Rivers 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 .............$ Payments to Central State
Hospital for Utilities ...................$ Payments to Central State
Hospital for Meals ....................$ Health Service Purchases. ................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,418,360 318,000 2,000 --0-- --0-- 7,500 --0-- 6,900 36,000 4,800
277,600
528,885 445,795 4,045,840 4,015,130
188

2350

JOURNAL OF THE SENATE

Budget Unit Object Classes:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Payments to Central State
Hospital for Meals ....................$ Payments to Central State
Hospital for Utilities ...................$ Payments to Jails for State
Prisoner Medical Costs. ................$ Court Costs ...........................$ Inmate Release Funds ...................$ Revolving Fund for County
Workcamp Construction ...............$ County Subsidy ........................$ County Subsidy for Jails. .................$ Grants for County Workcamp
Construction .........................$ Health Service Purchases. ................$ Central Repair Fund ....................$ Authority Lease Rentals. .................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

71,946,287 16,132,627
320,717 --0--
153,700 964,252 627,304 503,090 813,921 795,205 4,851,680
1,930,520
726,600
219,000 264,000 630,000
92,072 6,761,625
712,500
155,000 8,562,799
500,000 840,000 1,360,000
4,335 399

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.

Provided, that of the above appropriation relating to the revolving fund and grants for county workcamp construction, the State shall provide no more than fifty percent of the total construction cost.

TUESDAY, MARCH 16, 1982

2351

B. Budget Unit: Board of Pardons and Paroles .............................$
Board of Pardons and Paroles Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ County Jail Subsidy. ....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ County Jail Subsidy .....................$ Total Positions Budgeted Authorized Motor Vehicles
C. Budget Unit: Georgia Correctional Industries ...........................$
Georgia Correctional Industries Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Cost of Sales ...........................$ Repayment of Prior Year's Appropriations... $ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

5,531,992
4,755,000 151,805 180,800 176,400 15,500 9,437 12,000 127,620 109,000 11,200 37,200
5,585,962 5,531,992
237
4,755,000 151,805 180,800 176,400 15,500 9,437 12,000 127,620 109,000 11,200 37,200 237 25
--0--
1,479,910 588,400 39,800 --0-- --0-- 369,000 1,800 24,300 41,900 119,100
3,938,000 84,000 --0--
6,686,210 --0-- 66

2352

JOURNAL OF THE SENATE

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Cost of Sales ...........................$ Repayment of Prior Year's Appropriations ... $ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

1,479,910 588,400 39,800 --0-- --0-- 369,000 1,800 24,300 41,900 119,100
3,938,000 84,000 --0-- 66 16

D. Budget Unit: Probation Division Operations ..........................$ 16,626,658

1. Probation Operations Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Utilities ..............................$ Per Diem, Fees and Contracts .............$ Grants for Independent
Probation Systems ..,.................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

12,132,652 341,080 270,570 --0-- --0-- 66,890 --0-- 264,250 188,580 5,500 8,000
450,000 13,727,522 13,602,712
642

2. Diversion Centers Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................I Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Utilities ..............................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,790,305 211,195 17,300 --0-- --0-- 69,096 --0-- 258,310 44,000 170,000 14,000
3,574,206 3,023,946
157

TUESDAY, MARCH 16, 1982

2353

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 ....................$ Utilities ..............................$ Per Diem, Fees and Contracts .............$ Grants for Independent
Probation Systems ....................$ Total Positions Budgeted Authorized Motor Vehicles

14,922,957 552,275 287,870 -- 0-- --0-- 135,986 --0-- 522,560 232,580 175,500 22,000
450,000 799 89

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

50,183,425
351,437 25,400 17,500 16,000
6,000 800
9,250 40,200 18,000
--0-- 4,500 489,087 121,049
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 DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

3,547,005 1,372,164
86,000 --0--
135,000 5,000 --0-- --0--
130,000 70,440 40,000 5,385,609
--0-- 5,297,417
175

2354

JOURNAL OF THE SENATE

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

5,390,333
218,468 3,500
--0-- 671,000
11,855 2,248,214
6,198
47,200 500
570,000 180,000
--0--
9,347,268 --0--
9,264,020 316

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 DO AS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

23,894,355 4,543,788 19,000 2,588,166 200,000 227,563 --0-- 1,896 250,000 7,900 36,000 --0-- 31,768,668 --0-- 31,443,812 981

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. ..............................$ Peace Officers Training
Grants. .............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

625,126 84,483 25,000 22,500 15,800 --0-- 40,100 45,000 19,000 15,200 4,800
1,595,026 2,492,035 2,483,065
25

TUESDAY, MARCH 16, 1982
6. Police Academy:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. .................,............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
7. Fire Academy:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ 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

2355
432,000 122,750
6,300 7,500 13,200 3,480 12,598 --0-- 9,300 117,000 2,400 726,528 696,619
16
267,931 38,600 12,000 17,500 2,800 15,000 70,920 15,182 7,500 75,000 5,500 527,933
493,663 12
110,631 10,140 8,700 7,500 2,500 2,000 --0-- 3,000 3,600 2,500 1,100
151,671 150,154
4

2356

JOURNAL OF THE SENATE

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

107,898 15,300 10,000 7,500 1,500 --0-- --0-- --0-- 2,800 18,840 1,000
164,838 163,190
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

57,892 850
3,000 --0--
200 --0-- --0-- 3,500 3,000 2,500 --0-- 70,942 70,436
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 .....................$ Peace Officers Training Grant. ............$ Capital Outlay .........................$ Total Positions Budgeted .................$ Authorized Motor Vehicles ...............$

34,784,608 6,431,943
191,000 2,666,666 1,048,000
265,698 2,381,082
114,976 490,400 309,880 665,300 180,000 1,595,026
--0-- 1,548 1,048

TUESDAY, MARCH 16, 1982

2357

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Provided, however, that of the above appropria tion for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report.

Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds con templated in the Georgia Peace Officers Standards and Training Activity of this Act, the Office of Planning and Budget is authorized and directed to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.

It is the intent of this General Assembly that for the purpose of purchasing Police Pursuit Motor Vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of Police Pursuit Vehicles when such purchases are made by the State of Georgia, or other wise placed a part of a State of Georgia Contract. Pro vided, further, that the development of said specifica tions shall be submitted to the Purchasing Division of the Department of Administrative Services by 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 ....................$ 11,983,100

Departmental Operations Budget:
Payments to Employees' Retirement System ....................$
Employer Contributions .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

165,000 11,818,100 11,983,100 11,983,100

2358

JOURNAL OF THE SENATE

Budget Unit Object Classes:
Payments to Employees' Retirement System ....................$
Employer Contributions .................$

165,000 11,818,100

Section 36. Public Service Commission.

Budget Unit: Public Service Commission .........................$ 3,854,967

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

712,641 35,634 10,000 --0-- 1,500 8,040 2,500 64,275 28,745 14,500
877,835 868,067
23

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

937,279 156,229 48,079 26,400
10,000 3,990 104,000 80,702 24,150 15,250 1,406,079 1,392,801
48

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

1,334,359 60,190 85,000 18,000 2,500 6,105 19,096 46,216 34,335 100,000
1,705,801 1,594,099
53

TUESDAY, MARCH 16, 1982

2359

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

2,984,279 252,053 143,079 44,400 14,000 18,135 125,596 191,193 87,230 129,750 124 26

Section 37. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions .......$ 515,594,302

1. Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs. ............$ 392,191,442 Sponsored Operations .................$ 63,840,000
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$ 105,760,808 Sponsored Operations .................$ 50,160,000
Office of Minority Business Enterprise ...................$ 240,171
Special Desegregation Programs ...........$ 258,422 Satellite Medical Facility
Program ............................$ 500,000 Teachers' Retirement. ...................$ 46,418,169 Authority Lease Rentals. .................$ 16,367,000 Capital Outlay .........................$ 2,945,000 Total Funds Budgeted .......,...........$ 678,681,012

Less Agency Funds:

Departmental Income ...................$ 14,600,000

Sponsored Income ......................$ 114,000,000

Other Funds. ..........................$ 107,093,800

Auxiliary Income .......................$ 2,782,000

Indirect Communication Charges ..........$

--0--

State Funds Budgeted ...................$ 440,205,212

Total Positions Budgeted

16,329

Provided, that from appropriated funds in A, the amount of $16,367,000 in F.Y. 1982 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds.

2360

JOURNAL OF THE SENATE
Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.
Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an ap portionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of prop erty as provided for in the provision of the State Con stitution. The Board of Regents shall immediately report the same to the State Budget authorities for ap proval, whose approval shall be evidenced in writing.
Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution ap plicable to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.
Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System.
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, $2,000,000 is specifically appropriated for renovations and improvements of physical plant facilities.

TUESDAY, MARCH 16, 1982

2361

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 l/2 % 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 ...................$

549,000 --0--
278,000 --0--
827,000

Less Agency Funds: Departmental Income .................. . $ Sponsored Income ......................$ Other Funds...........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- --0-- 129,000 --0-- 698,000
26

3. Skidaway Institute of Oceanography Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Total Funds Budgeted ...................$

722,000 675,000
544,000 875,000 2,816,000

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 1,550,000
332,000 --0--
934,000 33

4. Marine Institute Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$

338,000 154,750

2362

JOURNAL OF THE SENATE

Operating Expenses: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Total Funds Budgeted ...................$

181,000 120,250 794,000

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 275,000
7,000 --0-- 512,000
20

5. Engineering Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Agricultural Research ...................$ Total Funds Budgeted ...................$

9,168,510 21,600,000
6,958,954 17,891,438
416,641 56,035,543

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 39,491,438 10,875,787
--0-- 5,668,318
322

6. Engineering Extension Division Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$ Sponsored Operations .................$
Advanced Technology Development Center .................$
Total Funds Budgeted ...................$

1,043,694 35,000
711,031 15,000
407,079 2,211,804

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 50,000 1,183,894
--0-- 977,910
37

TUESDAY, MARCH 16, 1982

2363

7. Agricultural Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Capital Outlay .........................$ Total Funds Budgeted ...................$

17,750,364 3,700,000
7,664,220 2,000,000
--0-- 31,114,584

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 5,700,000 6,576,200
--0-- 18,838,384
855

8. Cooperative Extension Service Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$ Sponsored Operations .................$
Total Funds Budgeted ...................$

20,239,127 4,590,000
3,174,525 2,010,000 30,013,652

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 6,600,000 5,205,000
--0-- 18,208,652
960

9. Eugene Talmadge Memorial Hospital Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$ Capital Outlay -- ETMH Renovations. .......................$
Total Funds Budgeted ...................$

42,300,689 2,377,513
19,035,532 611,238
--0-- 64,324,972

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$

1,125,099 2,988,751 35,788,497

2364

JOURNAL OF THE SENATE

Board of Corrections ....................$ Indirect DO AS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

1,557,264 -- 0--
22,865,361 2,902

10. Veterinary Medicine Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Agricultural Research ...................$ Disease Research .......................$ Fire Ant Research ......................$ Total Funds Budgeted ...................$

1,010,704 --0--
550,532 --0-- --0-- --0-- --0--
1,561,236

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- --0-- --0-- --0-- 1,561,236
45

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 ...................$

775,886 --0--
883,567 --0--
1,659,453

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$
Total Positions Budgeted

--0-- --0-- 1,295,000 --0-- 364,453
69

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 ..............$

106,426 92,778 2,060,000

TUESDAY, MARCH 16, 1982

2365

Residency Capitation Grants. .............$ New Program Development Contracts
for Family Practice Residency ...........$ Student Preceptorships ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,785,000
150,000 185,000 4,379,204 4,379,204
4

Provided, that of the above appropriation, $185,000 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 DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

551,528 --0--
292,420 --0--
843,948
--0-- --0-- 462,376 --0-- 381,572
34

Budget Unit Object Classes:

Personal Services:

Educ., Gen., and Dept. Svcs. ............$ 486,747,370

Sponsored Operations .................$ 96,972,263

Operating Expenses:

Educ., Gen., and Dept. Svcs. ............$ 146,127,367

Sponsored Operations .................$ 73,682,926

Office of Minority

Business Enterprise ...................$ 240,171

Special Desegregation Programs ...........$ 258,422

Satellite Medical Facility

Program ............................$ 500,000

Fire Ant Research ......................$

--0--

Agricultural Research ...................$ 416,641

Disease Research .......................$

--0--

Advanced Technology

Development Center ....,.............$ 407,079

Capitation Contracts for

Family Practice Residency ..............$ 2,060,000

New Program Development

Contracts for Family

Practice Residency ....................$

150,000

2366

JOURNAL OF THE SENATE

Residency Capitation Grants. .............$ Student Preceptorships ..................$ Teachers' Retirement. ...................$ Authority Lease Rentals. .................$ Capital Outlay -- ETMH Renovations .......$ Capital Outlay .........................$ Total Positions Budgeted

1,785,000 185,000
46,418,169 16,367,000
--0-- 2,945,000
21,636

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 ..............I 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

16,383,711
2,717,000 723,960
5,402,833 547,500 500,000 200,000
6,136,628
190,000
--0-- 16,417,921 16,383,711
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

2,717,000 723,960
5,402,833 547,500 500,000 200,000
6,136,628
190,000
--0-- 98 0

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $796 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.

C. Budget Unit: Georgia Public Telecommunications Commission ..............$ 4,077,642

TUESDAY, MARCH 16, 1982

2367

Public Telecommunications Commission Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Total Funds Budgeted ...................$

2,696,760 --0--
2,675,520 --0--
5,372,280

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DO AS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- --0-- 1,294,638 --0-- 4,077,642
137

Budget Unit Object Classes:
Personal Services .......................$ Operating Expenses .....................$ Total Positions Budgeted Authorized Motor Vehicles

2,696,760 2,675,520
137

Section 38. Department of Revenue.
Budget Unit: Department of Revenue. .........$
1. Departmental Administration Budget:
Personal Services .......................$ County Tax Officials/Retirement
and PICA. ...........................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ Indirect Georgia Building
Authority Rents ......................$ State Funds Budgeted ...................$ Total Positions Bdgeted

38,072,040
978,100
610,000 96,926 19,000 7,250 17,000 2,685 20,000 --0-- 23,000 3,000 150
1,777,111
--0-- 1,765,440
33

2. Motor Vehicle Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

4,524,066 250,850 7,000

2368

JOURNAL OF THE SENATE

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

--0-- 416,380
75,500 2,636,013
--0-- 85,000
--0-- 1,122,000
71,500 --0--
9,188,309 --0--
9,122,301 256

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,122,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the pro duction of at least 1,100,000 motor vehicle tags, and for this purpose only.
Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production.
3. Property Tax Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ 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

1,205,000 49,453 74,000 21,750 86,500 1,600 311,288 --0-- 21,200 145,000
--0--
1,430,000
--0-- 12,500 3,358,291
--0-- --0-- 3,339,758
62

TUESDAY, MARCH 16, 1982

2369

4. Sales Taxation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted
5. Motor Fuel Taxation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted
6. Income Taxation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

1,400,000 16,704 3,725 --0-- 70,550 6,190
550,000 --0--
26,000 --0--
100,500 2,173,669
--0-- 2,152,432
85
657,000 5,300 1,500 --0--
53,000 3,650
264,843 --0--
13,300 --0-- --0--
998,593 --0--
988,757 37
3,103,832 44,600 3,000 --0-- 355,000 20,700
2,172,784 --0--
43,417 --0--
296,576 6,039,909
--0-- 5,987,781
127

2370

JOURNAL OF THE SENATE

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 ...................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted
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

2,385,000 14,820
470,500 --0-- 3,200 2,800 7,650 --0--
19,030 --0-- 75
2,903,075 2,874,444
82
6,321,000 198,365 297,000 29,995 49,200 23,202 238,949 225,165 200,000 --0-- 64,300
7,647,176 --0--
7,572,059 307
1,310,925 208,980 1,500 --0-- 336,000 37,600 183,055 852,872 13,700 --0--
1,364,029 4,308,661
--0-- 4,269,068
69

TUESDAY, MARCH 16, 1982

2371

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

21,884,923
610,000 885,998 877,225
58,995 1,386,830
173,927 6,384,582 1,078,037
444,647 148,000
--0-- 1,430,000 1,122,000
71,500 --0--
1,838,130 1,058 60

Section 39. Secretary of State.

A. Budget Unit: Secretary of State .............$
1. Occupational Certification Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

12,671,690
2,593,751 832,380 115,172 21,600 104,000 28,081 95,000 319,241 93,043 377,285 145,000
4,724,553 4,677,507
136

Occupational Certification Functional Budgets

Accounting ...............$ Architect .................$ Athletic Trainers ...........$ Auctioneers ...............$ Barbers ..................$ Chiropractic. ..............$

Board Costs
130,775 37,530
820 3,810 8,965 6,655

Cost of

Operations

$ 230,390

$ 98,974

$

1,368

$ 30,320

$ 171,028

$ 39,907

2372

JOURNAL OF THE SENATE

Construction Industry . ......$ Cosmetology ..............$ Dentistry .................I Engineers. ................$ Forestry ..................$ Funeral Service ............$ Geology. .................$ Hearing Aid ...............$ Landscape Architect ........$ Librarians ................$ Marriage and Family
Counselors ..............$ Medical Examiners .........$ Nursing Home Administrators $ Board of Nursing ...........$ Dispensing Opticians .......$ Optometry ................$ Occupational Therapy. ......$ Pest Control ...............$ Pharmacy. ................$ Physical Therapy. ..........$ Podiatry. .................$ Polygraph Examiners .......$ Practical Nursing. ..........$ Private Detective ...........$ Psychologists ..............$ Recreation ................$ Sanitarian. ................$ Speech Pathology ..........$ Used Car Dealers. ..........$ Used Car Parts. ............$ Veterinary ................$ Wastewater ...............$ Well Water ...............$ Administration ............$ Investigative ..............$ Total. ....................$

51,870 23,270 39,240 57,935
2,530 16,162
1,965 4,410 7,165 1,880
-- 0-- 212,475
10,925 1 18,275
5,470 6,305 1,750 6,980 66,435 10,770 1,845 1,460 62,735 14,740 19, 100 2,815 4,740 3,485 10,120 4,350 20,500 7,190 7,294 -- 0-- -- 0-- 994,741

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 ........ Postage. ......................... Total Funds Budgeted .............. State Funds Budgeted .............. Total Positions Budgeted

$ 256,399

$ 632,753

$ 203,956

$ 271,011

$ 21,412

$ 123,972

$

15,721

$ 24,290

$

16,507

$

14,469

$

-- 0-

$ 767,090

$ 22,682

$ 650,566

$

27,381

$ 27,674

$

7,699

$

68,529

$ 330,733

$

21,773

$

13,203

$

10,979

$ 339,517

$ 247,672

$ 48,517

$

19,274

$

17,172

$

14,352

$ 158,781

$ 31,924

$ 61,135

$

53,283

$ 20,003

$

-0-

$

-0-

$ 5,112,416

.$

461,

.$

34,

.$

8,,110

.$

21,,i600

.$

4,,i000

.$

11,,350

.$

47,'

.$

17,,

.$

10;

.$

2,

.$

400

.$

609,.

.$

603,:

18

TUESDAY, MARCH 16, 1982

2373

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 ....................I Per Diem, Fees and Contracts .............$ Postage ...............................$ 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 .........................$ Postage. ..............................$ Authority Lease Rentals. .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

525,710 21,104
1,363 --0-- 21,250 2,330 74,500 81,480 32,520 --0-- 36,000 796,257 788,560
31
423,500 37,335 25,000 14,400 300 200 --0-- 5,782 7,545 2,500 2,500
519,062 513,871
15
1,893,509 244,386 43,913 --0-- 24,000 60,651 --0-- 52,552 53,201 2,000 --0-- 21,042
1,276,000 3,671,254 3,610,434
91

2374

JOURNAL OF THE SENATE
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 .............$ Postage ...............................$ 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 ..............$ 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. Elections and Campaign Disclosure Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

559,666 35,464 2,257 --0-- 118,608 3,300 12,047 6,085 18,296 3,720 27,411
786,854 779,106
29
739,983 63,084 4,624 --0-- 76,180 3,062 12,000 21,240 22,958 1,025 27,554
971,710 962,193
35
77,298 5,199 3,230 --0-- 9,000 --0-- --0-- 8,496 2,570 4,660 3,800
114,253 113,110
3
192,730 18,438 2,259

TUESDAY, MARCH 16, 1982

2375

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ 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

--0-- 6,300 --0-- --0-- --0-- 4,619 1,050 4,000 400,000 629,396 623,102
8
7,467,689 1,291,588
205,928 57,600 363,638 98,974
241,462 512,166 245,734 394,340 400,000 267,707
--0-- 1,276,000
366 70

Provided, however, that the Secretary of State is hereby authorized to expend up to $24,176 of Elections Expense for Real Estate Rentals.
B. Budget Unit: Real Estate Commission .......$
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

870,661
485,000 156,322
12,000 35,500 32,000
8,680 22,800 35,000 15,854 76,300 879,456 870,661
27

2376

JOURNAL OF THE SENATE

Real Estate Commission Functional Budget

State Funds Real Estate Commission .....$ 870,661

Cost of

Operations Pos.

$ 912,080

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

485,000 156,322
12,000 35,500 32,000
8,680 22,800 35,000 15,854 76,300
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

16,549,146
1,705,568 150,225 34,400 --0-- 50,000 61,335 112,160 217,295 62,040 54,500
2,447,523 --0-- 85

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees. .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

426,500 426,500 376,500
0

3. Georgia Student Finance Authority Budget:
Guaranteed Educational Loans ............$ Tuition Equalization Grants. ..............$ Student Incentive Grants .................$

3,001,496 11,100,000 3,977,915

TUESDAY, MARCH 16, 1982

2377

North Georgia College ROTC Grants ........................$
Law Enforcement Personnel Dependents' Grants ...................$
Georgia Military Scholarship Grants. .............................$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

149,050
24,000
51,000 18,303,461 16,172,646
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

1,705,568 150,225 34,400 --0-- 50,000 61,335 112,160 217,295 62,040 54,500 426,500
3,001,496 11,100,000 3,977,915
24,000
149,050
51,000 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.

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 (Code Sections 20-3-370 through 20-3-375). 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 (Code Section 20-3-374), to wit: (a) an amount not less than $1,435,000 is designated and committed for the pur-

2378

JOURNAL OF THE SENATE

pose 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 ex ceed $360,000 is designated and committed for the pur pose of providing cancellable loans to classroom teachers seeking special education training; and jd) an amount not to exceed $40,000 is designated and com mitted for the purpose of providing cancellable loans to students who are to become agricultural 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 (Code Sections 20-3-390 and 20-3-391).
Provided, that the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $700 per academic year, and for payment of grants for the 1982 summer school quarter or semester, to undergraduate students attending private colleges in Georgia as provided for in Article 5 of Code Chapter 32-37 (Code Sections 20-3-410 through 20-3-416).
Provided, that the above appropriated amount rel ative to North Georgia ROTC Grants provides for pay ment of grants to eligible students as provided for in Article 6 of Code Chapter 32-37 (Code Sections 20-3-430 through 20-3-436).
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 (Code Sections 20-3-450 through 20-3-455).
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. (Code Sections 20-3-420 through 20-3-437).
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 (Code Section 20-3-273), and loan discount fee payments to lenders as provided for in Code Section 32-3315 (Code Section 20-3-274).

TUESDAY, MARCH 16, 1982
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 (Code Section 20-3-272) and Code Sec tion 32-3710 (Code Section 20-3-319).
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
Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

2379
835,526
381,268 39,532 41,500 --0-- 16,286 2,900 --0-- 20,885 10,089 149,425 661,885
655,291 12
123,612 13,400 9,790 13,000 2,300 800 4,000 3,953 3,200 8,000
182,055 180,235
5
504,880 52,932 51,290 13,000 18,586

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Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Positions Budgeted Authorized Motor Vehicles

3,700 4,000 24,838 13,289 157,425
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. ..............................$ Local Retirement System
Members. ...........................$ Floor Fund for Local
Retirement Systems ...................$ Employer Contributions .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

9,068,540
1,347,302 67,915 20,600 --0-- 48,825 8,990
386,935 83,300 44,200 165,360 66,600
1,392,000
1,447,100 6,229,440 11,308,567 9,068,540
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 .............$ Postage. ..............................$ Cost of Living Increases for
Local Retirement System Members .......$ Floor Fund for Local
Retirement Systems ...................$ Employer Contributions .................$ Total Positions Budgeted Authorized Motor Vehicles

1,347,302 67,915 20,600 --0-- 48,825 8,990
386,935 83,300 44,200 165,360 66,600
1,392,000
1,447,100 6,229,440
61 1

TUESDAY, MARCH 16, 1982

2381

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 .........................$ Eugene Talmadge Memorial
Bridge Study .........................$ 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 ...................$
4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases .......$ Equipment Purchases ...................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

408,071,876
72,945,408 4,224,287 1,060,000
--0-- 260,000
49,350 --0--
34,415 985,820 6,100,000 351,092,102
350,000 436,101,382 182,003,382
3,049
54,713,987 36,624,032
353,350 --0--
11,000 --0-- --0-- --0--
131,138 1,040,811 67,443,624 160,317,942 158,117,942
3,589
24,873,157
3,714,593 28,587,750 28,587,750
1,000,000 2,200,000
115,000 3,315,000 3,215,000

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5. Assistance to Counties Budget:
Grants to Counties ......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$
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
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 be ing the appropriation payable in lieu of the amount ap propriated herein.
Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authori ty Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, and Grants to Coun ties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.
For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.

9,317,013 9,317,013 9,317,013
7,930,518 2,275,113
105,000 --0--
210,528 --0--
829,527 925,000 233,700 190,000 12,699,386 12,699,386
321

TUESDAY, MARCH 16, 1982

2383

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 bud getary 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 Gen eral Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation.
For grants to counties for aid in county road con struction and maintenance to be distributed and dis bursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed

2384

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to each county in such year under the provisions of Code Section 91A-7003 (Code Section 48-14-3) 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 .......................$ Capital Outlay--Paving State and Local Schools and State Institutions ............$ Paving State Parks and Historic Sites. ........................$ Capital Outlay -- Paving Farmers Markets. ............................$ Eugene Talmadge Memorial Bridge Study .........................$ Maintenance and Betterments Capital Outlay -- Rehabilitation and Improvements -- Off System ............$

305,473 750,000 500,000
35,000 350,000
10,000,000

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropria tions of an amount equivalent to motor fuel tax revenue required under Article 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 (Code Sections 36-40-41 through 36-40-45).

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

TUESDAY, MARCH 16, 1982
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
10. Harbor Maintenance Budget:
Harbor Maintenance Payments. ...........$ Capital Outlay--Land Acquisition ..........$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

2385
505,000 456,100
11,000 --0-- 200 6,000 --0-- 1 4,610 500
125,000 1,108,411
710,497 17
639,000 53,070 22,100 --0-- 26,000 600 --0-- --0-- 19,140
464,500
700,000
1,000,000
270,000 705,340 3,899,750 3,649,906
24
454,000 --0--
454,000 454,000

2386

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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 ..........$ Eugene Talmadge Memorial
Bridge Study .........................$ Total Positions Budgeted Authorized Motor Vehicles

135,733,913 43,632,602
1,551,450 1,000,000
507,728 2,255,950
829,527 959,416 1,374,408 7,795,811 418,775,726 705,340 9,317,000 454,000 9,317,013 24,873,157
700,000
3,714,593
1,000,000 270,000 --0--
350,000 7,000 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 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.

TUESDAY, MARCH 16, 1982
Provided, that $454,000 of the above allocation for harbor maintenance payments is designated and com mitted for payment for harbor maintenance and im provements at Savannah.
Provided, further, that the Department of Trans portation is authorized and directed to transfer to Per sonal Services from other object classes such funds as are required to fund the increased Personal Services costs contemplated in this Act, subject only to approval by the Office of Planning and Budget.
Provided that the Department of Transportation is authorized to retain its Bus Rental Income to operate, maintain, and upgrade the department-owned buses.

2387

Section 44. Department of Veterans Services.

Budget Unit: Department of Veterans Service .............................$ 11,378,749

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

3,036,400 94,605 82,200 --0-- 21,000 8,000 100 137,250 64,250 6,000 30,800
3,480,605 3,212,692
155 1

2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Capital Outlay .........................$ Equipment Purchases ...................$ Regular Operating Expenses
for Projects ..........................$ Operating Expenses/Payments to
Central State Hospital. .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

--0-- 50,000
84,380
7,201,545 7,335,925 5,898,555

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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. ...............................$ 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-- 11,847
--0--
3,037,375 3,049,222 2,267,502
3,036,400 94,605 82,200 --0-- 21,000 69,847 100 137,250 64,250 6,000 --0-- 30,800
7,201,545
3,037,375
84,380 155 1
4,143,311
2,920,124 78,106 40,000 --0-- 38,000 57,850 118,644
365,141 72,270 47,590 51,800 3,789,525 3,738,552
127

TUESDAY, MARCH 16, 1982

2389

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

311,935 8,620 10,900 --0-- 2,000 3,305 --0--
41,553 7,884 15,600 6,500
408,297 404,759
15

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Positions Budgeted Authorized Motor Vehicles

3,232,059 86,726 50,900 --0-- 40,000 61,155 118,644
406,694 80,154 63,190 58,300 142 1

Section 46. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund ...............................$

85,080,023

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,645,000 is specifically ap propriated for the purpose of financing a new construc tion program which consists of the acquisition of land (if needed) and the construction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents at the University System through the issuance of not more than $13,500,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $12,594,120 is specifically ap-

2390

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propriated for the purpose of financing a school con struction program throughout the State of Georgia, which will consist of the construction and equipping of school buildings and facilities, including vocational education comprehensive high schools, through the is suance of not more than $89,960,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $7,537,208 is specifically ap propriated for the purpose of financing the expansion of facilities under the control of the Georgia Ports Authority through the issuance of not more than $53,840,000 in principal amount of General Obligation Debt.
Section 47. Energy Conservation. Budget Unit: Energy Conservation
Program ...............................$ Total Funds Budgeted ................$ State Funds Budgeted ................$
Section 48. In addition to all other appropriations for the fiscal year ending June 30, 1983, there is hereby appropriated $2,484,403 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby ap propriated $5,634,000 for the purpose of providing operating funds for the State physical health lab oratories ($175,000 -- Budget Unit "A") and for State mental health/mental retardation institutions ($5,459,000 -- Budget Unit "C") in the Department of Human Resources. Provided, further, the Office of Planning and Budget is hereby authorized to transfer funds from this section to the Department's budget on a quarterly basis in an amount equal to that which the Department remits to the Fiscal Division of the Depart ment of Administrative Services from agency fund col lections.
Section 49. In addition to all other appropriations for the fiscal year ending June 30, 1983, there is hereby appropriated $2,100,000 to be allocated to various state agencies for the purpose of paying quarterly premiums for unemployment compensation payments to the De partment of Administrative Services. Provided, further, the Office of Planning and Budget shall designate the amount to be allotted to each agency from this section, and shall maximize the use of available federal matching funds for this purpose.

4,286,639 8,573,278 4,286,639

TUESDAY, MARCH 16, 1982

2391

Section 50. There is hereby appropriated $150,000 for the payment of claims authorized by Compensation Resolutions of the Georgia General Assembly. The Office of Planning and Budget is authorized and directed to transfer funds from this ap propriation to appropriate budget units for the purpose of making such payments.
Section 51. Cost-of-Living Increases. In addition to all other appropriations for the fiscal year ending June 30, 1983, there is hereby appropriated $94,400,000 for the purposes described herein: 1) An increase of $624 per annum for full-time employees of the executive, judicial and legislative branch of state government, effective July 1, 1982; 2) For a 5% in crease on the current salary schedule for teachers, public librarians and other instructional and support personnel, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year of experience and permanent certification, ef fective the following month, effective September 1, 1982; 3) For school bus drivers, a 5% salary increase, effective July 1, 1982; 4) For university system employees, a 4.75% salary increase, to be effective September 1, 1982 for academic contracted personnel; 5) A 4.75% salary increase, effective July 1, 1982, for non-academic personnel, and fiscal year contracted personnel of the university system and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Ex periment Stations with a maximum increase of $1,000 per annum for officials and employees of Regents Cen tral Office, and 6) An increase of 4% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as authorized in Section 2 of said Act (Code Section 45-7-4), and for secretaries for whom salaries are set by Act 279 (H.B. 360) of the 1977 Regular Session of the Georgia General Assembly (Code Sections 15-6-25 and 15-18-17), effective July 1, 1982.
Provided, further, that no funds shall be transfer red from this section without prior review and ap proval by the Legislative Budget Office.
Section 52. 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 1983 and thereafter.

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Section 53. It is the intent of this General As sembly that each and every agency, board, commission and authority receiving appropriations in this Act shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use such vehicles except for official State 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-dis tance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 54. It is the intent of this General As sembly 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 55. It is the intent of this General As sembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each ac tivity contained in this Appropriations Act.

TUESDAY, MARCH 16, 1982

2393

Section 56. 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 57. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.
Section 58. 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 59. 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 State fiscal year ad dressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount suffi cient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such ap propriations.
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.

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Section 60. 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 1982 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 61. Wherever in this Act the term "Bud get Unit Object Classes'' is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1983 submitted to the General Assembly at the 1982 regular session.
Section 62. It is the intent of the General Assem bly 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

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(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 63. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the 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 64. TOTAL APPROPRIATIONS F.Y. 1983 ..........................$ 3,732,000,000.
Section 65. Parenthetical references to Code sec tions following other statutory references refer to the Official Code of Georgia Annotated which will become effective November 1, 1982; and no substantive change is intended by the provision of such references.
Section 66. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 67. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Broun of the 46th offered the following amendment: Amend the substitute to HB 1236 offered by the Senate Committee
on Appropriations by striking on Page 2, lines 20 and 21 the following: "for the operation of the Georgia Educational Improvement
Council;"
On the adoption of the amendment, the yeas were 28, nays 1, and the amend ment was adopted.
Senator Broun of the 46th offered the following amendment:
Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the

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Department of Community Affairs Budget Unit on Page 30, line 9 in Sec tion 16 the figure $10. And by decreasing the object classes for the Com munity Development Activity as listed below:
Page 32, Line 11 and Page 32, Line 27, Personal Services $10; Page 32, Line 23, Total Funds Budgeted $10; Page 32, Line 24, State Funds Budgeted $10; and
by adding to the State funds budgeted for the Board of Regents Resident Instruction Budget Unit on Page 180, line 5 in Section 37 the figure $10. And by increasing the object classes for the Resident Instruction Activity as listed below:
Page 180, Line 8 and Page 188, Line 30, Personal Services $10; Page 180, Line 21, Total Funds Budgeted $10; Page 180, Line 28, State Funds Budgeted $10.

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.

Senator Garner of the 30th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by making the following language change between lines 11 and 12 on Page 59:
"Provide, further, that of the above amount appropriated for Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification none is to be used for the administer ing of Teacher Criterion Reference Test for a period of twelve (12) months."

Senator Garner of the 30th asked unanimous consent to withdraw his amend ment, and the consent was granted.

Senator Barker of the 18th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Education "A" Budget Unit on Page 41, line 17 in Section 19 the figure $75,000,000. And by decreasing the object classes for the Local Programs Activity as listed below:
Page 49, line 3 and Page 52, line 10, Grants to Local Systems for Educational Purposes $75,000,000; Page 49, line 11, Total Funds

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2397

Budgeted $75,000,000; Page 49, line 12, State Funds Budgeted $75,000,000; and
by striking lines 23 through 31 on Page 226 and lines 1 through 19 on Page 227 and inserting in lieu thereof the following:
". . . purposes described herein: 1) An increase of 7.79% on the Merit System salary schedule for full-time employees of the ex ecutive, judicial and legislative branches of state government, effec tive July 1, 1982; 2) For an 8.64% increase on the current salary schedule for teachers, public librarians and other instructional and support personnel, with first and second year teachers to be paid as those with two years of experience and with resumption of annual in crements after completion of one year of experience and permanent certification, effective the following month, effective September 1, 1982; 3) For school bus drivers, an 8.64% salary increase effective July 1, 1982; 4) For university system employees, an 8.39% salary in crease, to be effective September 1, 1982, for academic contracted personnel; 5) An 8.39% salary increase, effective July 1, 1982, for nonacademic personnel and fiscal year contracted personnel of the university system and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Sta tions; 6) An increase of 8% for state officials whose salary is set by Act 755 (H.B.262) of the 1978 regular session of the Georgia General Assembly, as authorized in Section 2 of said Act (Code Section 45-7-4) and for secretaries for whom salaries are set by Act 279 (H.B.360) of the 1977 regular session of the Georgia General Assembly (Code Sec tions 15-6-25 and 15-18-17) effective July 1, 1982."

Senator Barker of the 18th asked unanimous consent to withdraw his amend ment, and the consent was granted.
Senator Hudgins of the 15th offered the following amendment:
Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Education Budget Unit on Page 41, line 17 in Section 19 the figure $4,612,995. And by decreasing the object classes for the Local Program Activity as listed below:
Page 47, line 26 and Page 51, line 8, Compensatory Education $1,381,128; Page 48, line 10 and Page 51, line 22, Area VocationalTechnical Schools $277,163; Page 48, line 25 and Page 51, line 34, Public Library Maintenance & Operations $127,204; Page 49, line 10 and Page 52, line 15, Area Vocational Technical School Construction $2,827,500; Page 49, line 11, Total Funds Budgeted $4,612,995; Page 49, line 12, State Funds Budgeted $4,612,995; and

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by adding to the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund Budget Unit on Page 224, line 21 in Sec tion 46 the figure $424,125.
And by adding the following language between line 15 and 16 on Page 225:
"Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $424,125 is specifically appropriated for the purpose of financing the construction of an Area Vocational-Technical School through the issuance of not more than $2,827,500 in principal amount of General Obligation Debt."; and
by striking the figure $94,400,000 on Page 226, line 22 and inserting in lieu thereof $98,588,870 and inserting between lines 19 and 20 on Page 227 the following language:
"Provided, that from the amount appropriated for Cost of Living Increases sufficient funds shall be made available for the purpose of funding an additional step to the Teachers Salary Index Schedules ef fective January 1, 1983."

Senator Hudgins of the 15th asked unanimous consent to withdrawn his amendment, and the consent was granted.

Senators Kidd of the 25th, Bell of the 5th and Hudgins of the 15th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Education Budget Unit on Page 41, line 17 in Section 19 the figure $4,612,995. And by decreasing the object classes for the Local Program Activity as listed below:
Page 47, line 26 and Page 51, line 8, Compensatory Education $1,381,128; Page 48, line 10 and Page 51, line 22, Area VocationalTechnical Schools $277,163; Page 48, line 25 and Page 51, line 34, Public Library Maintenance & Operations $127,204; Page 49, line 10 and Page 52, line 15, Area Vocational Technical School Construction $2,827,500; Page 49, line 11, Total Funds Budgeted $4,612,995; Page 49, line 12, State Funds Budgeted $4,612,995; and by striking lines 23 through 31 on Page 226 and lines 1 through 19 on Page 227 and inserting in lieu thereof the following:
". . .purposes described herein: 1) an increase of 3% on the Merit System salary schedule for full-time employees of the executive, judicial and legislative branches of state government, effective July 1, 1982 and an additional 3% for the above named employees based on the Merit System salary schedule effective March 1, 1983; 2) For a 3-*/2% increase on the current salary schedule for teachers, public librarians and other instructional and support personnel, with first

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and second year teachers to be paid as those with two years of ex perience and with resumption of annual increments after completion of one year of experience and permanent certification, effective the following month, effective September 1, 1982 and an additional 3-'/z% effective March 1, 1983; 3) For school bus drivers, a 3-%% salary in crease effective July 1, 1982 and an additional 3-V4% effective March 31, 1983; 4) For university system employees, a 3-'/2% salary increase, to be effective September, 1, 1982 and an additional 3'/z% to be effec tive March 1, 1983, for academic contracted personnel; 5) A 3-V2% salary increase, effective July 1, 1982 and an additional 3-V2% salary increase, effective March 1, 1983, for non-academic personnel and fiscal year contracted personnel of the university system and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Exten sion Service and the Agricultural Experiment Stations; 6) An increase of 3% for state officials whose salary is set by Act 755 (H.B.262) of the 1978 regular session of the Georgia General Assembly, as authorized in Section 2 of said Act (Code Section 45-7-4) and for secretaries for whom salaries are set by Act 279 (H.B.360) of the 1977 regular session of the Georgia General Assembly (Code Sections 15-6-25 and 15-18-17) effective July 1, 1982 and an additional increase of 3% effec tive March 1, 1983."
and by inserting between lines 19 and 20 on Page 227 the following language:
"Provided, that from the amount appropriated for Cost-of-Living Increases, sufficient funds shall be made available for the purpose of funding an additional step to the Teachers Salary Index Schedule, ef fective January 1, 1983."; and
by adding to the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund Budget Unit on Page 224, line 21 in Sec tion 46 the figure $424,125;
and by adding the following language between line 15 and 16 on Page 225:
"Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $424,125 is specifically appropriated for the purpose of financing the construction of an Area Vocational-Technical School through the issuance of not more than $2,827,500 in principal amount of General Obligation Debt."; and
by striking the figure $94,400,000 on Page 226, line 22 and inserting in lieu thereof $98,588,870 and inserting between lines 19 and 20 on Page 227 the following language:
"Provided, that from the amount appropriated for Cost of Living Increases sufficient funds shall be made available for the purpose of funding and an additional step to the Teachers Salary Index Schedules effective January 1, 1983."

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Barker Bell Brannon Brantley Coverdell Fincher of 52nd Fincher of 54th Garner

Howard Hudgins Kidd Land Littlefield Robinson Stephens

Stumbaugh Summers Sutton Tate Trulock Tysinger Wessels

Those voting in the negative were Senators:

Allgood Barnes Bowen Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge

English Engram Evans Foster Gillis Greene Hill Ho Howay Hudson Kennedy

Lester McGill McKenzie Reynolds Scott Starr Thompson Timmons Turner Walker

Those not voting were Senators:

Ballard Bond

Broun of 46th (presiding)

Horton

On the adoption of the amendment, the yeas were 22, nays 30, and the amend ment was lost.
Senators Kidd of the 25th, Bell of the 5th and Hudgins of the 15th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Education Budget Unit on Page 41, line 17 in Section 19 the figure $4,612,995. And by decreasing the object classes for the Local Program Activity as listed below:
Page 47, line 26 and Page 51, line 8, Compensatory Education $1,381,128; Page 48, line 10 and Page 51, line 22, Area VocationalTechnical Schools $277,163; Page 48, line 25 and Page 51, line 34, Public

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Library Maintenance & Operations $127,204; Page 49, line 10 and Page 52, line 15, Area Vocational Technical School Construction $2,827,500; Page 49, line 11, Total Funds Budgeted $4,612,995; Page 49, line 12, State Funds Budgeted $4,612,995; and
by striking the figure of $94,400,000 on Page 226, line 22 and inserting in lieu thereof the figure of $106,631,380 and by striking lines 23 through 31 on Page 226 and lines 1 through 19 on Page 227 and inserting in lieu thereof the following:
". . .purposes described herein: 1) an increase of 4% on the Merit System salary schedule for full-time employees of the executive, judicial and legislative branches of state government, effective July 1, 1982 and an additional 2% increase based on the Merit System salary schedule effective April 1, 1983; 2) For a 4-V2% increase on the current salary schedule for teachers, public librarians and other instructional and support personnel, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year of experience and permanent certification, effective the following month, effective September 1, 1982 and an additional 2-Vz% effective April 1, 1983; 3) For school bus drivers, a 4-V% salary increase, effective July 1, 1982, and an addi tional 2-Vz% effective April 1, 1983; 4) For university system employees, a 4-Vz% salary increase to be effective September 1, 1982 and an additional 2-Vz% to be effective April 1, 1983, for academic contracted personnel; 5) A 4- :/2% salary increase, effective July 1, 1982 and an additional 2-'/2% salary increase, effective April 1, 1983, for non-academic personnel, and fiscal year contracted personnel of the university system and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Stations; 6) An increase of 4% for state officials whose salary is set by Act 755 (H.B.262) of the 1978 regular session of the Georgia General Assembly, as authorized in Section 2 of said Act (Code Section 45-7-4) and for secretaries for whom salaries are set by Act 279 (H.B.360) of the 1977 regular session of the Georgia General Assembly (Code Sections 15-6-25 and 15-18-17) effective July 1, 1982, and an additional increase of 2 % effective April 1, 1983."

and by inserting between lines 19 and 20 on Page 227 the following language:
"Provided, that from the amount appropriated for Cost-of-Living Increases, sufficient funds shall be made available for the purpose of funding an additional step to the Teachers Salary Index Schedule, ef fective January 1, 1983."; and
by adding to the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund Budget Unit on Page 224, line 21 in Sec tion 46 the figure $424,125;

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and by adding the following language between line 15 and 16 on Page 225:
"Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $424,125 is specifically appropriated for the purpose of financing the construction of an Area Vocational-Technical School through the issuance of not more than $2,827,500 in principal amount of General Obligation Debt."; and
by striking the figure $94,400,000 on Page 226, line 22 and inserting in lieu thereof $98,588,870 and inserting between lines 19 and 20 on Page 227 the following language:
"Provided, that from the amount appropriated for Cost of Living Increases sufficient funds shall be made available for the purpose of funding an additional step to the Teachers Salary Index Schedules ef fective January 1, 1983."

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

Those voting in the affirmative were Senators:

Barker Bell Brannon Brantley Coverdell Fincher of 54th Greene

Howard Hudgins Kidd Land Littlefield McGill Robinson

Stephens Stumbaugh Summers Tate Trulock Tysinger Wessels

Those voting in the negative were Senators:

Allgood Barnes Bowen Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Garner Gillis Hill Holloway Hudson Kennedy

Lester McKenzie Reynolds Scott Starr Sutton Thompson Timmons Turner Walker

Those not voting were Senators:

Ballard Bond

Broun of 46th (presiding)

Horton

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2403

On the adoption of the amendment, the yeas were 21, nays 31, and the amend ment was lost.

Senators McKenzie of the 14th and Barker of the 18th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Education Budget Unit on Page 41, line 17 in Section 19 the figure $35,000. And by decreasing the object classes for the Local Program Activity as listed below:
Page 47, line 30 and Page 51, line 10, School Lunch (State) $35,000; Page 49, line 11, Total Funds Budgeted $35,000; Page 49, line 12, State Funds Budgeted $35,000; and
by adding to the State funds budgeted for the Department of Transporta tion Budget Unit on Page 211, line 24 in Section 43 the figure $35,000. And by increasing the object classes for the Planning & Construction Ac tivity as listed below:
Page 212, line 5 and Page 219, line 18, Capital Outlay $35,000; Page 212, line 8, Total Funds Budgeted $35,000; Page 212, line 9, State Funds Budgeted $35,000.

On the adoption of the amendment, the yeas were 30, nays 11, and the amend ment was adopted.

Senator Evans of the 37th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Education Budget Unit on Page 41, line 17 in Section 19-A the figure $3,983,061. And by decreasing the object classes for the Local Programs Activity as listed below:
Page 48, line 26 and Page 52, line 1, Public Library Construction $1,155,561; Page 49, line 10 and Page 52, line 15, Area VocationalTechnical School Construction $2,827,500; Page 49, line 11, Total Funds Budgeted $3,983,061; Page 49, line 12, State Funds Budgeted $3,983,061; and
by removing from the State funds budgeted for the DHR "A" Depart mental Operations Budget Unit on Page 76, line 24 in Section 26-A the figure $2,400,000. And by decreasing the object classes for the Roosevelt Warm Springs Activity as listed below:
Page 92, line 33 and Page 99, line 8, Capital Outlay $2,400,000; Page 93, line 1, Total Funds Budgeted $2,400,000; Page 93, line 4, State Funds Budgeted $2,400,000; and

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by removing from the State funds budgeted for the Department of Natural Resources Budget Unit on Page 140, line 30 in Section 32 the figure $1,255,000. And by decreasing the object classes for the Jekyll Island Authority Activity as listed below:
Page 145, line 9 and Page 146, line 33, Capital Outlay $1,255,000; Page 145, line 10, Total Funds Budgeted $1,255,000; Page 145, line 11, State Funds Budgeted $ 1,255,000; and
by removing from the State funds budgeted for the Department of Transportation Budget Unit on Page 211, line 24 in Section 43 the figure $10,000,000. And by decreasing the object classes for the Maintenance & Betterments Activity as listed below:
Page 212, line 24 and Page 219, line 18, Capital Outlay $10,000,000; Page 212, line 25, Total Funds Budgeted $10,000,000; Page 212, line 26, State Funds Budgeted $10,000,000; and
by removing from the State funds budgeted for the Board of Regents Resident Instruction Budget Unit on Page 180, line 5 in Section 37 the figure $2,000,000. And by decreasing the object classes for the Resident Instruction Activity as listed below:
Page 180, line 20 and Page 189, line 25, Capital Outlay $2,000,000; Page 180, line 21, Total Funds Budgeted $2,000,000; Page 180, line 28, State Funds Budgeted $2,000,000; and
by adding to the State funds budgeted for the Department of Medical Assistance Budget Unit on Page 132, line 3 in Section 30 the figure $14,335,785. And by increasing the object classes for the Benefits Activi ty as listed below:
Page 134, line 8 and Page 134, line 28, Benefits $42,514,190; Page 134, line 11, Total Funds Budgeted $42,514,190; Page 134, line 12, State Funds Budgeted $ 14,335,785; and
by adding to the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund Budget Unit on Page 224, line 21 in Sec tion 46 the figure $5,302,276.
On the adoption of the amendment, the yeas were 4, nays 33, and the amend ment was lost.

Senator Foster of the 50th offered the following amendment:
Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Education Budget Unit on Page 41, line 17 in Section 19-A the figure $40,000. And by decreasing the object classes for the Local Programs Activity as listed below:
Page 47, line 30 and Page 51, line 10, School Lunch (State) $40,000; Page 49, line 11, Total Funds Budgeted $40,000; Page 49, line 12, State Funds Budgeted $40,000; and

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2405

by adding to the State funds budgeted for the Department of Education Budget Unit on Page 41, line 17 in Section 19-A the figure $40,000. And by increasing the object classes for the Local Programs Activity as listed below:
Page 49, line 10-11 and Page 49, line 27, Capital Outlay $40,000; Page 49, line 11, Total Funds Budgeted $40,000; Page 49, line 12, State Funds Budgeted $40,000.

On the adoption of the amendment, the yeas were 35, nays 1, and the amend ment was adopted.

Senator Wessels of the 2nd offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the DHR "A" Departmental Operations Budget Unit on Page 76, line 24 in Section 26-A the figure $100,000. And by decreasing the object classes for the Public Health-Local Services Activity as listed below:
Page 85, line 7 and Page 99, line 5, Per Diem, Fees and Contracts $100,000; Page 85, line 28, Total Funds Budgeted $100,000; Page 85, line 31, State Funds Budgeted $ 100,000; and
by adding to the State funds budgeted for the Office of Planning and Budget Budget Unit on Page 69, line 5 in Section 24B the figure $ 100,000. And by increasing the object classes for the Council of Arts Activity as listed below:
Page 69, line 32 and Page 75, line 27, Art Grants-State Funds $100,000; Page 70, line 2, Total Funds Budgeted $100,000; Page 70, line 3, State Funds Budgeted $ 100,000.

On the adoption of the amendment, the yeas were 15, nays 25, and the amend ment was lost.

Senators Hudgins of the 15th, Kidd of the 25th and Bell of the 5th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Natural Resources Budget Unit on Page 140, line 30 in Section 32 the figure $1,255,000. And by decreasing the object classes for the Jekyll Island State Park Authority Activity as listed below:
Page 145, line 9 and Page 146, line 33, Payments to Jeykll Island State Park Authority for Capital Outlay $1,017,205; Page 145, line 10, Total Funds Budgeted $1,017,205; Page 145, line 11, State Funds Budgeted $1,017,205; and

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by removing from the State funds budgeted for the Department of Transportation Budget Unit on Page 211, line 24 in Section 43 the figure $10,000,000. And by decreasing the object classes for the Maintenance & Betterments Activity as listed below:
Page 212, line 24 and Page 219, line 18, Capital Outlay $10,000,000; Page 212, line 25, Total Funds Budgeted $10,000,000; Page 212, line 26, State Funds Budgeted $10,000,000; and
by adding to the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund Budget Unit on Page 224, line 21 in Sec tion 46 the figure $2,974,645.

Senators Hudgins of the 15th, Kidd of the 25th and Bell of the 5th asked unanimous consent to withdraw their amendment, and the consent was granted.

Senator Cobb of the 28th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Offender Rehabilitation Budget Unit on Page 150, line 31 in Section 33 the figure $42,500. And by decreasing the object classes for the Central Funds Activity as listed below:
Page 160, line 27 and Page 166, line 21, County Subsidy for Jails $42,500; Page 160, line 34, Total Funds Budgeted $42,500; Page 161, line 1, State Funds Budgeted $42,500; and
by adding to the State funds budgeted for the Soil and Water Conserva tion Committee Budget Unit on Page 208, line 30 in Section 41 the figure $42,500. And by increasing the object classes for the Soil and Water Con servation Committee Activity as listed below:
Page 209, line 3 and Page 209, line 32, Personal Services $42,500; Page 209, line 13, Total Funds Budgeted $42,500; Page 209, line 14, State Funds Budgeted $42,500; Page 209, line 15 and Page 210, line 9, Posi tions 1.
Senator Cobb of the 28th asked unanimous consent to withdraw his amend ment, and the consent was granted.

Senators Deal of the 49th and Littlefield of the 6th offered the following amend ment:
Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by adding between lines 14 and 15 on Page 182 the following language:
"Provided, however, no funds appropriated in this Appropria tions Act shall be used for the purpose of initiation or continuing the operation of a law school at Georgia State University.''

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2407

On the adoption of the amendment, the yeas were 16, nays 30, and the amend ment was lost.

Senator Coverdell of the 40th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Regents, University System of Georgia Budget Unit on Page 180, line 5 in Section 37 the figure $500,000. And by decreasing the object classes for the Eugene Talmadge Memorial Hospital Budget Activity as listed below:
Page 186, line 13, Total Funds Budgeted $500,000; Page 186, line 20, State Funds Budgeted $500,000; and
by adding to the State funds budgeted for the Regents, University System of Georgia Budget Unit on Page 180, line 5 in Section 37 the figure $500,000. And by increasing the object classes for the Family Practice Residency Program Activity as listed below:
Page 187, line 32 and Page 189, line 19, Residency Capitation Grants $500,000; Page 188, line 4, Total Funds Budgeted $500,000; Page 188, line 5, State Funds Budgeted $500,000.

On the adoption of the amendment, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Coverdell Dean Engram Evans Fincherof 52nd Greene Horton

Howard Hudgins Hudson Kidd Land Robinson Scott

Those voting in the negative were Senators:

Allgood Barker Barnes Bowen Brannon Brown of 47th Bryant Cobb Coleman Deal
Eldridge

English Fincher of 54th Foster Garner Gillis Hill Holloway Kennedy Lester Littlefield

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

2408

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard Bell

Bond Brantley

Broun of 46th (presiding)

On the adoption of the amendment, the yeas were 20, nays 31, and the amend ment was lost.

Senator Coverdell of the 40th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Regents, University System of Georgia Budget Unit on Page 180, line 5 in Section 37 the figure $364,340. And by decreasing the object classes for the Eugene Talmadge Memorial Hospital Budget Activity as listed below:
Page 186, line 13, Total Funds Budgeted $364, 340; Page 186, line 20, State Funds Budgeted $364,340; and
by adding to the State funds budgeted for the Regents, University System of Georgia Budget Unit on Page 180, line 5 in Section 37 the figure $364,340. And by increasing the object classes for the Family Practice Residency Program Activity as listed below:
Page 187, line 32 and Page 189, line 19, Residency Capitation Grants $364,340; Page 188, line 4, Total Funds Budgeted $364,340; Page 188, line 5, State Funds Budgeted $364,340.

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:

Barker Brannon Brantley Coverdell Engram Evans Fincher of 52nd Garner

Greene Hill Horton Howard Hudgins Hudson Land Robinson

Scott Stephens Stumbaugh Summers Sutton Tate Trulock Tysinger

Those voting in the negative were Senators:

Allgood Barnes Bowen Brown of 47th

Bryant Cobb Cole man Deal

Dean Eldridge English Fincher of 54th

TUESDAY, MARCH 16, 1982

2409

Foster Gillis Holloway Kennedy Kidd Lester

Littlefield McGill McKenzie Reynolds Starr

Those not voting were Senators:

Ballard Bell

Bond

Thompson Timmons Turner Walker Wessels
Broun of 46th (presiding)

On the adoption of the amendment, the yeas were 24, nays 28, and the amend ment was lost.
Senator Coverdell of the 40th offered the following amendment:
Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Regents University System of Georgia Budget Unit on Page 180, line 5 in Section 37 the figure $364,286. And by decreasing the object classes for the Eugene Talmadge Memorial Hospital Budget Activity as listed below:
Page 186, line 13, Total Funds Budgeted $364,286; Page 186, line 20, State Funds Budgeted $364,286; and
by removing from the State funds budgeted for the Department of Transportation Budget Unit on Page 211, line 24 in Section 43 the figure $350,000. And by decreasing the object classes for the Planning and Con struction Activity as listed below:
Page 212, line 7 and Page 220, line 4, Eugene Talmadge Memorial Bridge Study $350,000; Page 212, line 8, Total Funds Budgeted $350,000; Page 212, line 9, State Funds Budgeted $350,000; and
by striking the words "Eugene Talmadge Memorial Bridge Study . . . $350,000" from lines 24 and 25 on Page 216; and
by adding to the State funds budgeted for the Regents, University System of Georgia Budget Unit on Page 180, line 5 in Section 37 the figure $714,286. And by increasing the object classes for the Family Practice Residency Program Activity as listed below:
Page 187, line 32 and Page 189, line 19, Residency Capitation Grants $714,286; Page 188, line 4, Total Funds Budgeted $714,286; Page 188, line 5, State Funds Budgeted $714,286.
Senator Coverdell of the 40th asked unanimous consent to withdraw his amendment, and the consent was granted.

2410

JOURNAL OF THE SENATE

Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Board of Regents-Resident Instruction Budget Unit on Page 180, line 5 in Section 37 the figure $350,000. And by decreasing the object classes for the Resident Instruction Activity as listed below:
Page 180, line 8 and Page 188, line 30, Personal Services $350,000; Page 180, line 21, Total Funds Budgeted $350,000; Page 180, line 28, State Funds Budgeted $350,000; and
by adding to the State funds budgeted for the Department of Natural Resources Budget Unit on Page 140, line 30 in Section 32 the figure $350,000. And by increasing the object classes for the Parks, Recreation and Historic Sites Activity as listed below:
Page 143, line 3 and Page 146, line 3, Recreation Grants $350,000; Page 143, line 12, Total Funds Budgeted $350,000; Page 143, line 13, State Funds Budgeted $350,000.

On the adoption of the amendment, the yeas were 34, nays 2, and the amend ment was adopted.
Senator Broun of the 46th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Board of Regents-Resident Instruction Budget Unit on Page 180, line 5 in Section 37 the figure $86,000. And by decreasing the object classes for the Resident Instruction Activity as listed below:
Page 180, line 8 and Page 188, line 30, Personal Services $86,000; Page 180, line 21, Total Funds Budgeted $86,000; Page 180, line 28, State Funds Budgeted $86,000; and
by adding to the State funds budgeted for the DHR - "A" Departmental Operations Budget Unit on Page 76, line 24 in Section 26-A the figure $46,000. And by increasing the object classes for the Special Programs Activity as listed below:
Page 79, line 29 and Page 99, line 5, Per Diem, Fees and Contracts $46,000; Page 80, line 6, Total Funds Budgeted $46,000; Page 80, line 11, State Funds Budgeted $46,000; and
by adding to the State funds budgeted for the Department of Natural Resources Budget Unit on Page 140, line 30 in Section 32 the figure $40,000. And by increasing the object classes for the Game and Fish Ac tivity as listed below:
Page 141, line 28 and Page 145, line 27, Equipment Purchases $(10,000); Page 142, line 5 and Page 146, line 16, Capital Outlay $50,000; Page 142, line 12, Total Funds Budgeted $40,000; Page 142, line 13, State Funds Budgeted $40,000.

TUESDAY, MARCH 16, 1982

2411

Senator Broun of the 46th asked unanimous consent to withdraw his amend ment, and the consent was granted.

Senator Stephens of the 36th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Board of Regents Budget Unit on Page 180, line 5 in Section 37 the figure $84,000. And by decreasing the object classes for the Resident Instruc tion Activity as listed below:
Page 180, line 8 and Page 188, line 30, Personal Services $84,000; Page 180, line 21, Total Funds Budgeted $84,000; Page 180, line 28, State Funds Budgeted $84,000; and
by adding to the State funds budgeted for the Department of Offender Rehabilitation Budget Unit on Page 150, line 31 in Section 33-A the figure $84,000. And by increasing the object classes for the Central Funds Ac tivity as listed below:
Page 160, line 19 and Page 166, line 8, Per Diem, Fees and Contracts $84,000; Page 160, line 34, Total Funds Budgeted $84,000; Page 161, line 1, State Funds Budgeted $84,000.

On the adoption of the amendment, the yeas were 34, nays 2, and the amend ment was adopted.

Senators Robinson of the 27th, Greene of the 26th, Howard of the 42nd and others offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Board of Regents Resident Instruction Budget Unit on Page 180, line 5 in Section 37 the figure $67,525. And by decreasing the object classes for the Resident Instruction Activity as listed below:
Page 180, line 8 and Page 188, line 30, Personal Services $67,525; Page 180, line 21, Total Funds Budgeted $67,525; Page 180, line 28, State Funds Budgeted $67,525; and
by adding to the State funds budgeted for the DHR "A" Departmental Operations Budget Unit on Page 76, line 24 in Section 26-A the figure $67,525. And by increasing the object classes for the Public HealthProgram Direction and Support Activity as listed below:
Page 81, line 15 and Page 99, line 5, Per Diem, Fees and Contracts $67,525; Page 81, line 18, Total Funds Budgeted $67,525; Page 81, line 21, State Funds Budgeted $67,525.

2412

JOURNAL OF THE SENATE

On the adoption of the amendment, Senator Robinson of the 27th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes 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 Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bell

Bond Broun of 46th (presiding)

Stephens Turner

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

Senator Holloway of the 12th offered the following amendment:
Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Board of Regents Resident Instruction Budget Unit on Page 180, line 5 in Section 37 the figure $53,470. And by decreasing the object classes for the Resident Instruction Activity as listed below:
Page 180, line 8 and Page 188, line 30, Personal Services $53,470; Page 180, line 21, Total Funds Budgeted $53,470; Page 180, line 28, State Funds Budgeted $53,470; and
by removing from the State funds budgeted for the Secretary of State Budget Unit on Page 197, line 20 in Section 39 the figure $6,530. And by decreasing the object classes for the Archives and Records Activity as listed below:
Page 201, line 1 and Page 203, line 15, Real Estate Rentals $6,530; Page 201, line 7, Total Funds Budgeted $6,530; Page 201, line 8, State Funds Budgeted $6,530; and

TUESDAY, MARCH 16, 1982

2413

by adding to the State funds budgeted for the Real Estate Commission Budget Unit on Page 203, line 27 in Section 39 the figure $60,000. And by increasing the object classes for the Real Estate Commission Activity as listed below:
Page 204, line 2 and Page 204, line 20, Computer Charges $60,000; Page 204, line 6, Total Funds Budgeted $60,000; Page 204, line 7, State Funds Budgeted $60,000.

On the adoption of the amendment, the yeas were 40, nays 0, and the amend ment was adopted.
Senator Stumbaugh of the 55th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Board of Regents Budget Unit on Page 180, line 5 in Section 37 the figure $10,000. And by decreasing the object classes for the Resident Instruc tion Activity as listed below:
Page 180, line 8 and Page 188, line 30, Personal Services $10,000; Page 180, line 21, Total Funds Budgeted $10,000; Page 180, line 28, State Funds Budgeted $10,000; and
by adding to the State funds budgeted for the DHR "A" Departmental Operations Budget Unit on Page 76, line 24 in Section 26-A the figure $10,000. And by increasing the object classes for the Public HealthPublic Health Activity as listed below:
Page 83, line 3 and Page 100, line 26, Contract for Scoliosis Screening $10,000; Page 83, line 5, Total Funds Budgeted $10,000; Page 83, line 8, State Funds Budgeted $ 10,000.

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

Senators Barker of the 18th and Barnes of the 33rd offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by inserting between lines 19 and 20 on Page 227 the following language:
"Provided, further, State officials earning $50,000 or more, excepting the Governor and Medical Doctors, are hereby excluded from receiving compensation provided for in this section."

On the adoption of the amendment, the yeas were 27, nays 5, and the amend ment was adopted.

2414

JOURNAL OF THE SENATE

Senators Kidd of the 25th, Bell of the 5th and Hudgins of the 15th offered the following amendment:

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by striking the figure of $94,400,000 on Page 226, line 22 and inserting in lieu thereof the figure of $106,631,380 and by striking lines 23 through 31 on Page 226 and lines 1 through 19 on Page 227 and inserting in lieu thereof the following:
"... purposes described herein: 1) an increase of 4% on the Merit System salary schedule for full-time employees of the executive, judicial and legislative branches of state government, effective July 1, 1982 and an additional 2% increase based on the Merit System salary schedule effective April 1, 1983; 2) For a 4-'/2% increase on the current salary schedule for teachers, public librarians and other instructional and support personnel, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year of experience and permanent certification, effective the following month, effective September 1, 1982 and an additional 2-V2 % effective April 1, 1983; 3) For school bus drivers, a 4-Vz% salary increase, effective July 1, 1982, and an addi tional 2-Vz% effective April 1, 1983; 4) For university system employees, a 4-'/2% salary increase to be effective September 1, 1982 and an additional 2-Vz% to be effective April 1, 1983, for academic contracted personnel; 5) A 4-Vz% salary increase, effective July 1, 1982 and an additional 2-Vz% salary increase, effective April 1, 1983, for non-academic personnel, and fiscal year contracted personnel of the university system and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Stations; 6) An increase of 4% for state officials whose salary is set by Act 755 (H.B. 262) of the 1978 regular session of the Georgia General Assembly, as authorized in Section 2 of said Act (Code Section 45-7-4) and for secretaries for whom salaries are set by Act 279 (H.B.360) of the 1977 regular session of the Georgia General Assembly (Code Sections 15-6-25 and 15-18-17) effective July 1, 1982, and an additional increase of 2% effective April 1, 1983."
and by inserting between lines 19 and 20 on Page 227 the following language:
"Provided, that from the amount appropriated for Cost-of-Living Increases, sufficient funds shall be made available for the purpose of funding an additional step to the Teachers Salary Index Schedule, ef fective January 1, 1983."

Senators Kidd of the 25th, Bell of the 5th and Hudgins of the 15th asked unanimous consent to withdraw their amendment, and the consent was granted.

TUESDAY, MARCH 16, 1982 Senator Coverdell of the 40th offered the following amendment:

2415

Amend the substitute to HB 1236 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Transportation Budget Unit on Page 211, line 24 in Sec tion 43 the figure $350,000. And by decreasing the object classes for the Planning and Construction Activity as listed below:
Page 212, line 7 and Page 220, line 4, Eugene Talmadge Memorial Bridge Study $350,000; Page 212, line 8, Total Funds Budgeted $350,000; Page 212, line 9, State Funds Budgeted $350,000; and
by adding to the State funds budgeted for the Resident Instruction and University System Instructions Budget Unit on Page 180, line 5 in Sec tion 37 the figure $350,000. And by increasing the object classes for the Family Practice Residency Program Activity as listed below:
Page 187, line 32 and Page 189, line 19, Residency Capitation Grants $350,000; Page 188, line 4, Total Funds Budgeted $350,000; Page 188, line 5, State Funds Budgeted $350,000.

On the adoption of the amendment, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bell Bond Bowen Brannon Brantley Coverdell Deal Dean

Engram Evans Garner Greene Horton Howard Hudgins Land Littlefield

Those voting in the negative were Senators:

Allgood Barker Brown of 47th Bryant Cobb Coleman Eldridge English Fincher of 52nd

Fincher of 54th Foster Gillis Hill Holloway Hudson Kennedy Kidd Lester

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

2416

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard

Broun of 46th (presiding)

Turner

On the adoption of the amendment, the yeas were 27, nays 26, and the amend ment was adopted.

Senator Holloway of the 12th moved that the Senate reconsider its action in adopting the amendment offered by Senator Coverdell of the 40th to the committee substitute to HB 1236.

On the motion, the yeas were 25, nays 22; the motion prevailed, and the amendment offered by Senator Coverdell of the 40th to the committee substitute to HB 1236 was reconsidered.

On the adoption of the amendment, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bell Bond Bowen Brannon Brantley Coverdell Deal Dean

Engram Evans Garner Greene Horton Howard Hudgins Land Robinson

Those voting in the negative were Senators:

Allgood Barker Brown of 47th Bryant Cobb Coleman Eldridge English
Fincher of 52nd

Fincher of 54th Foster Gillis Hill Holloway Hudson Kennedy Kidd
Lester

Those not voting were Senators:

Ballard

Littlefield

Broun of 46th (presiding)

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

TUESDAY, MARCH 16, 1982

2417

On the adoption of the amendment, the yeas were 26, nays 26, and the amend ment was lost.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.

The President resumed the Chair.

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

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

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Walker Wessels

Those voting in the negative were Senators:

Bell Coverdell

Evans

Those not voting were Senators:

Ballard

Summers

Tysinger Turner

On the passage of the bill, the yeas were 49, nays 4.

2418

JOURNAL OF THE SENATE

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

Senator Broun of the 46th moved that HB 1236 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 1; the motion prevailed, and HB 1236 was immediately transmitted to the House.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

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

HB 1537. By Representatives Nicholson of the 88th and Padgett of the 86th:
A bill to establish the compensation of certain officials of Richmond County, Georgia; to prohibit certain practices by certain officials.

HB 1917. By Representative Dent of the 85th:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of, terms of, and manner of electing members of the board.

HB 1918. By Representatives Pinkston of the 100th, Davis of the 99th, Birdsong of the 103rd and others:
A bill to amend an Act establishing the board of public education and or phanage of Bibb County, so as to change the composition of the Educa tion Districts from which members of the board are elected.

HB 1919. By Representative McDonald of the 12th:
A bill to provide for the consolidation and merger of the Jefferson City School District, the Commerce City School District, and the Jackson County School District into a single area school district under the control and management of an area board of education pursuant to the authority of Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1976.

HB 1920. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of certain officers and personnel of the court.

TUESDAY, MARCH 16, 1982

2419

HB 1921. By Representative Reaves of the 147th:
A bill to amend Code Title 91 A, relating to revenue and taxation, so as to change certain provisions relative to population; to amend the Official Code of Georgia Annotated accordingly.

HB 1922. By Representatives Childers of the 15th, Montgomery of the 16th and Adams of the 14th:
A bill to amend an Act creating a new charter for the City of Rome, so as to change and extend the corporate limits of said city.

HB 1926. By Representatives Wilson of the 19th, Isakson and Nix of the 20th and others:
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 that in all counties having a population of not less than 250,000 nor more than 400,000 according to the United States decennial census of 1980 or any future such census the taxes shall become due and payable on August 15 in each year and shall become delinquent if not paid by October 15 of each year.

HB 1927. By Representative Jessup of the 117th:
A bill to provide for the appointment of the school superintendent of the Pulaski County School District.

HB 1928. By Representative Edwards of the 110th:
A bill to amend an Act creating a Board of Commissioners for the County of Marion, so as to change the compensation of the chairman and the other members of the board.

HB 1929. By Representatives Moody and Byrd of the 138th:
A bill to amend an Act creating the board of commissioners of Appling County, so as to provide two different plans for changing the composi tion and manner of selection of members of the board.

HB 1930. By Representative Long of the 142nd:
A bill to amend an Act incorporating the City of Cairo, in the County of Grady, and the granting of a charter to that municipality under said cor porate name and style, so as to abolish the Mayor's Court of the City of Cairo; to create and establish in lieu thereof a Recorder's Court for said city.

2420

JOURNAL OF THE SENATE

HB 1931. By Representative Coleman of the 118th:
A bill to provide for the compensation of certain county officers and of ficials of Dodge County; to provide for certain expense allowances; to provide for annual cost-of-living increases in salary; to provide for per sonnel in certain county offices.

HB 1937. By Representatives Moore and Smith of the 152nd, Moody of the 138th and others:
A bill to provide for a referendum election in Pierce County at which the voters of the Pierce County School District shall be given several choices relating to the composition and selection of the board of education and relating to the appointment or election of the county school superinten dent.

HB 1939. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act creating the Brunswick Port Authority, so as to authorize the Authority to borrow money from any source, public or private, for any of its corporate purposes and make contracts and execute instruments in connection therewith.

HB 1691. By Representative Adams of the 36th:
A bill to provide for the establishment of a county-wide library system in Fulton County; to provide the procedures for the transfer of certain ex isting library services and facilities located within unincorporated Fulton County; to provide conditions for the effectiveness of the Act and for an effective date.

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

HR 626. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purposes being established as calendar year 1981.

HR 816. By Representative Jessup of the 117th:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Pulaski County from education districts and to provide for other matters relative thereto.

TUESDAY, MARCH 16, 1982

2421

HR 817. By Representative Jessup of the 117th:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Bleckley County from education districts and to provide for other mat ters relative thereto.

HR 822. By Representative Crawford of the 5th:
A resolution proposing an amendment to the Constitution, so as to allocate to the Chattooga County School District and the Trion Indepen dent School District the proceeds of any local sales and use tax levied within Chattooga County and provide for corresponding ad valorem tax adjustments.

HR 823. By Representatives Fortune and Mostiler of the 71st:
A resolution proposing an amendment to the Constitution so as to declare the construction of certain public facilities in Spalding County to be an essential governmental function.

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

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.

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

HB 1486. By Representative Russell of the 64th: A bill to reincorporate and provide a new charter for the City of Bogart.

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

HR 847. By Representative Murphy of the 18th: A resolution relative to adjournment.

2422

JOURNAL OF THE SENATE

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

HB 1537. By Representatives Nicholson of the 88th and Padgett of the 86th:
A bill to establish the compensation of certain officials of Richmond County, Georgia; to prohibit certain practices by certain officials. Referred to Committee on County and Urban Affairs.

HB 1917. By Representative Dent of the 85th:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of, terms of, and manner of electing members of the board. Referred to Committee on County and Urban Affairs.

HB 1918. By Representatives Pinkston of the 100th, Davis of the 99th, Birdsong of the 103rd and others:
A bill to amend an Act establishing the board of public education and or phanage of Bibb County, so as to change the composition of the Educa tion Districts from which members of the board are elected.
Referred to Committee on County and Urban Affairs.

HB 1919. By Representative McDonald of the 12th:
A bill to provide for the consolidation and merger of the Jefferson City School District, the Commerce City School District, and the Jackson County School District into a single area school district under the control and management of an area board of education pursuant to the authority of Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1976.
Referred to Committee on County and Urban Affairs.

HB 1920. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of certain officers and personnel of the court. Referred to Committee on County and Urban Affairs.

HB 1921. By Representative Reaves of the 147th:
A bill to amend Code Title 91A, relating to revenue and taxation, so as to change certain provisions relative to population; to amend the Official Code of Georgia Annotated accordingly. Referred to Committee on County and Urban Affairs.

TUESDAY, MARCH 16, 1982

2423

HB 1922. By Representatives Childers of the 15th, Montgomery of the 16th and Adams of the 14th:
A bill to amend an Act creating a new charter for the City of Rome, so as to change and extend the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 1926. By Representatives Wilson of the 19th, Isakson and Nix of the 20th and others:
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 that in all counties having a population of not less than 250,000 nor more than 400,000 according to the United States decennial census of 1980 or any future such census the taxes shall become due and payable on August 15 in each year and shall become delinquent if not paid by October 15 of each year.
Referred to Committee on County and Urban Affairs.

HB 1927. By Representative Jessup of the 117th:
A bill to provide for the appointment of the school superintendent of the Pulaski County School District. Referred to Committee on County and Urban Affairs.

HB 1928. By Representative Edwards of the 110th:
A bill to amend an Act creating a Board of Commissioners for the County of Marion, so as to change the compensation of the chairman and the other members of the board. Referred to Committee on County and Urban Affairs.

HB 1929. By Representatives Moody and Byrd of the 138th:
A bill to amend an Act creating the board of commissioners of Appling County, so as to provide two different plans for changing the composi tion and manner of selection of members of the board. Referred to Committee on County and Urban Affairs.

HB 1930. By Representative Long of the 142nd:
A bill to amend an Act incorporating the City of Cairo, in the County of Grady, and the granting of a charter to that municipality under said cor porate name and style, so as to abolish the Mayor's Court of the City of Cairo; to create and establish in lieu thereof a Recorder's Court for said city.
Referred to Committee on County and Urban Affairs.

2424

JOURNAL OF THE SENATE

HB 1931. By Representative Coleman of the 118th:
A bill to provide for the compensation of certain county officers and of ficials of Dodge County; to provide for certain expense allowances; to provide for annual cost-of-living increases in salary; to provide for per sonnel in certain county offices.
Referred to Committee on County and Urban Affairs.

HB 1937. By Representatives Moore and Smith of the 152nd, Moody of the 138th and others:
A bill to provide for a referendum election in Pierce County at which the voters of the Pierce County School District shall be given several choices relating to the composition and selection of the board of education and relating to the appointment or election of the county school superinten dent.
Referred to Committee on County and Urban Affairs.

HB 1939. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act creating the Brunswick Port Authority, so as to authorize the Authority to borrow money from any source, public or private, for any of its corporate purposes and make contracts and execute instruments in connection therewith.
Referred to Committee on County and Urban Affairs.

HB 1691. By Representative Adams of the 36th:
A bill to provide for the establishment of a county-wide library system in Fulton County; to provide the procedures for the transfer of certain ex isting library services and facilities located within unincorporated Fulton County; to provide conditions for the effectiveness of the Act and for an effective date.
Referred to Committee on County and Urban Affairs.

HR 626. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purposes being established as calendar year 1981.
Referred to Committee on County and Urban Affairs.

HR 816. By Representative Jessup of the 117th:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Pulaski County from education districts and to provide for other matters relative thereto.
Referred to Committee on County and Urban Affairs.

TUESDAY, MARCH 16, 1982

2425

HR 817. By Representative Jessup of the 117th:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Bleckley County from education districts and to provide for other mat ters relative thereto.
Referred to Committee on County and Urban Affairs.

HR 822. By Representative Crawford of the 5th:
A resolution proposing an amendment to the Constitution, so as to allocate to the Chattooga County School District and the Trion Indepen dent School District the proceeds of any local sales and use tax levied within Chattooga County and provide for corresponding ad valorem tax adjustments.
Referred to Committee on County and Urban Affairs.

HR 823. By Representatives Fortune and Mostiler of the 71st:
A resolution proposing an amendment to the Constitution so as to declare the construction of certain public facilities in Spalding County to be an essential governmental function. Referred to Committee on County and Urban Affairs.

Senator Trulock of the 10th moved that the following bill of the Senate be withdrawn from the Committee on Judiciary and committed to the Committee of the Whole Senate:
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.

On the motion, Senator Trulock of the 10th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Bowen Coleman Eldridge English Fincher of 52nd Fincher of 54th Garner
Gillis

Hill Holloway Horton Hudgins Hudson Land McGill McKenzie

Reynolds Robinson Starr Summers Sutton Timmons Trulock Walker

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Those voting in the negative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Bryant Cobb
Coverdell

Deal Dean Engram Evans Foster Greene Howard Kennedy

Kidd Lester Littlefield Scott Stephens Tate Tysinger Wessels

Those not voting were Senators:

Ballard Broun of 46th

Brown of 47th Stumbaugh

Thompson Turner

On the motion, the yeas were 25, nays 25; the motion was lost, and SB 671 was not withdrawn from the Committee on Judiciary and committed to the Committee of the Whole Senate.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Greene of the 26th moved that the Senate insist upon the Senate substitute to HB 1252.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1252.
The following resolution of the House was read and put upon its adoption:
HR 847. By Representative Murphy of the 18th: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Tuesday, March 16, 1982, and to reconvene at 10:00 o'clock A.M. on Monday, March 22, 1982.
On the adoption of the resolution, the yeas were 33, nays 0.

TUESDAY, MARCH 16, 1982

2427

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

The following general resolution of the House, favorably reported by the com mittee, was read the third time and put upon its adoption:

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 175 regular ses sion of the General Assembly of Georgia. Senate Sponsor: Senator Barnes of the 33rd.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Dean Eldridge English Engram

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

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

Voting in the negative were Senators Allgood and Deal.

Those not voting were Senators:

Ballard Bowen Bryant Fincher of 54th

Foster Holloway Land Stephens

Thompson Timmons Turner

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On the adoption of the resolution, the yeas were 43, nays 2.

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

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

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 House substitute to SB 581 was as follows:

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 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.

TUESDAY, MARCH 16, 1982

2429

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 asured 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.'
88-1902D. 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.
(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.

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(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 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 July 31, 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.

TUESDAY, MARCH 16, 1982

2431

(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 je) of this Code section to the Speaker of the House of Representatives, the President of the Senate, and the Chair man 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 management, assessment of functional impairment and needed community services, homemaker, and home health care services. Case management services shall be provided to each com munity 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 restrictive, 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 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;

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(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 shall be given to those individuals who have been certified for skilled or in termediate institutional nursing care service benefits conferred by the 'Georgia Medical Assistance Act of 1977' and who need home and community-based services in order to avoid institutionalization. Ser vices may be provided to other functionally impaired persons as resources allow, as determined by the Department. Priority in provi sion of community care services to such other persons will be based on economic, social, and medical needs.
(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. If the individual being evaluated requires community-based services which, over a twelve month period, would cost more than the cost of care in a long-term care facility, then such community-based services shall not be deem ed cost effective. Such cost-effective determination shall apply to each case management evaluation. The assessment team shall, at a minimum, consist of a physician, a registered nurse, and a social

TUESDAY, MARCH 16, 1982

2433

worker. Whenever possible, the assessment team shall be responsible for the precertification for nursing home placement and determina tion of the appropriate level of care, as required by the State Plan for Medical Assistance, as defined in the 'Georgia Medical Assistance Act of 1977.'
(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 until the lead agency has informed that individual of the availability of community-based services within the lead agency's geographic service area and of the right of that in dividual to choose to receive those services as an alternative to place ment in a long-term care facility. That individual shall advise the lead agency of that indivudual's choice of service alternatives. If that in dividual is otherwise eligible for those benefits for which certification is sought, the agency responsible for certification of benefits shall cer tify the individual either for placement in a long-term care facility or for receiving community-based services, as the individual advised the lead agency. 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 Medical Assistance be authorized to take those actions necessary to provide 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

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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 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 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 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 Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated.
(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.

TUESDAY, MARCH 16, 1982

2435

(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.
(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 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 whch 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 July 31, 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.

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(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.
(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;

TUESDAY, MARCH 16, 1982

2437

(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 shall be given to those individuals who have been certified for skilled or in termediate institutional nursing care service benefits conferred by the 'Georgia Medical Assistance Act of 1977' and who need home and community-based services in order to avoid institutionalization. Ser vices may be provided to other functionally impaired persons as resources allow, as determined by the department. Priority in provi sions of community care services to such other persons will be based on economic, social, and medical needs.
(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. If the individual being evaluated requries community-based services which, over a twelve month period, would cost more than the cost of care in a long-term care facility, then such community-based services shall not be deem ed cost effective. Such cost-effective determinations shall apply to each case management evaluation. The assessment team shall, at a minimum, consist of a physician, a registered nurse, and a social

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worker. Whenever possible, the assessment team shall be responsible for the precertification for nursing home placement and determina tion of the appropriate level of care, as required by the State Plan for Medical Assistance, as defined in the 'Georgia Medical Assistance Act of 1977.'
(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 until the lead agency has informed that in dividual of the availability of community-based services within the lead agency's geographic service area and of the right of that in dividual to choose to receive those services as an alternative to place ment in a long-term care facility. That individual shall advise the lead agency of that individual's choice of service alternatives. If that in dividual is otherwise eligible for those benefits for which certification is sought, the agency responsible for certification of benefits shall cer tify the individual either for placement in a long-term care facility or for receiving community-based services, as the individual advised the lead agency. 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 services 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."
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 Howard of the 42nd moved that the Senate agree to the House substitute to SB 581.

TUESDAY, MARCH 16, 1982

2439

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Ballard Bryant

Holloway Stephens

Thompson Turner

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 581.
The following general resolution and bill of the House, favorably reported by the committees, were read the third time and put upon their adoption:
HR 510. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 21st and Lee of the 72nd: Senate Sponsor: Senator Barnes of the 33rd.

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 purposes.

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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 penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction.
(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 subparagraph (b) of this Paragraph, 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 oerson 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."

Senator Kidd of the 25th offered the following amendment:
Amend HR 510 by adding in the title on line 14 of Page 1, immediate ly preceding the word "and", the following:
"to change the provisions relating to the County Court of Baldwin County and the County Court of Putnam County;''.

TUESDAY, MARCH 16, 1982

2441

By adding immediately below line 27 of Page 3 a new Section 2 to read as follows:
"Section 2. Said resolution is further amended by striking from Section 1 thereof subparagraph (6) of Article VI, Section X, Paragraph I, which read 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.' "

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:

Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Deal Fincher of 54th Foster

Garner Gillis Hill Horton Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Stephens Summers Timmons Walker

Those voting in the negative were Senators:

Allgood Barnes Bond
Coverdell Dean Engram

Evans Fincher of 52nd Greene
Howard Hudson Scott

Those not voting were Senators:

Ballard Barker Bell Brantley

Bryant Eldridge English Holloway

Starr Sutton Tate Trulock Tysinger
Stumbaugh Thompson Turner Wessels

2442

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 27, nays 17, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brown of 47th Cobb Coleman Coverdell Deal Dean 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 Timmons Trulock
Tysinger Walker

Those not voting were Senators:

Ballard Barker Bell Brantley Broun of 46th

Bryant Eldridge English Holloway

Hudson Thompson Turner Wessels

On the adoption of the resolution, the yeas were 43, nays 0.

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

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.
Senate Sponsor: Senator Starr of the 44th.

TUESDAY, MARCH 16, 1982

2443

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

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 Bo wen Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean English Engram Evans

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

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

Those not voting were Senators:

Allgood Ballard Brannon Brantley

Bryant Eldridge Holloway Hudson

Thompson Turner Wessels

On the passsage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:
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 is 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.

2444

JOURNAL OF THE SENATE

The House amendments were as follows:

Amendment No. 1:

Amend SB 506 on Page 1, line 20, by changing the number "24" to the number "12".

Amendment No. 2:

Amend SB 506 by adding on Page 1, line 20, after "months." the following:
"Provided, however, the operator's license shall not be suspend ed for any period longer than 6 months for a violation of Code Section 40-5-55 until such time as the operator has plead guilty or has been convicted of driving under the influence or vehicular homicide."

Senator Land of the 16th moved that the Senate disagree to the House amend ments to SB 506.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 506.

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

HB 1491. By Representatives Coleman of the 118th, Hannerof 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.
Senate Sponsor: Senator Cobb of the 28th.

The Senate Committee on Public Safety offered the following amendment:

Amend HB 1491 by adding on line 28 of Page 4 after the following: "Commissioner;",

TUESDAY, MARCH 16, 1982
the following: "or".
By striking from line 28 of Page 5 the following: "shall",
and inserting in lieu thereof the following: "may".

2445

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 Barnes Bell Bond Bowen Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge Engram Fincher of 52nd

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

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Trulock Tysinger Walker

Those not voting were Senators:

Ballard Barker Brannon Brantley Bryant

English Evans Holloway Summers

Thompson Timmons Turner Wessels

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 as amended, was agreed to.

2446

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 Barnes Bell Bowen Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge Engram Fincher of 52nd Fincher of 54th

McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Tysinger Walker

Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Ballard Barker Bond Brannon Brantley

Bryant English
Evans Hudgins

McKenzie Summers Turner 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.

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.
Senate Sponsor: Senator Deal of the 49th.

Senator Deal of the 49th offered the following amendment:

Amend HB 1291 by striking on Page 1, line 24, the word person and substituting in lieu thereof the word "citizen".

TUESDAY, MARCH 16, 1982

2447

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 vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bell Bond Bowen Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean 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 Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Tysinger Walker

Those not voting were Senators:

Ballard Barker Brannon Brantley

Bryant Eldridge English Hudson

Stephens Turner Wessels

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

2448

JOURNAL OF THE SENATE

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

Mr. President:

The House has disagreed to the Senate substitute to 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 bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Broun of the 46th moved that the Senate insist upon the Senate substitute to HB 1236.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1236.

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

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.
Senate Sponsor: Senator Deal of the 49th.

TUESDAY, MARCH 16, 1982

2449

The Senate Committee on Judiciary offered the following substitute to HB 1467:

A BILL
To be entitled an Act to amend Code Section 91A-1361, relating to is suance of tax executions, as amended, particularly by an Act approved April 22, 1981 (Ga. L. 1981, p. 1857), so as to change provisions concern ing fees charged on tax executions; 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 91A-1361, relating to issuance of tax execu tions, as amended, particularly by an Act approved April 22, 1981 (Ga. L. 1981, p. 1857|, is amended by replacing subsection jc) with a new subsec tion jc) to read as follows:
"(c) The officer in whose hands the execution is placed shall pro ceed at once to collect the execution and, when the execution is paid by the defendant voluntarily or by levy and sale, the officer shall detach from the execution the tax receipt and enter on the receipt the amount collected including, but not limited to, all costs, commissions, and an execution fee in the amount of 10 percent of the delinquent tax. He shall also make a similar entry on the execution, the receipt to be delivered by the officer to the defendant. The officer shall return the execution to the tax collector or tax commissioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his execution docket and file the execution in his office."
Part 2
Section 2. Code Section 48-5-161 of the Official Code of Georgia An notated, relating to issuance of tax executions, is amended by replacing subsection (c) with a new subsection (c) to read as follows:
"(c| The officer in whose hands the execution is placed shall pro ceed at once to collect the execution and, when the execution is paid by the defendant voluntarily or by levy and sale, the officer shall detach from the execution the tax receipt and enter on the receipt the amount collected including, but not limited to, all costs, commissions, and an execution fee in the amount of 10 percent of the deliquent tax. He shall also make a similar entry on the execution and on the receipt to be delivered by the officer to the defendant. The officer shall return the execution to the tax collector or tax commissioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his execution docket and file the execution in his office."

2450

JOURNAL OF THE SENATE

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 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 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 Bond Bowen Brown of 47th Cobb Coleman Coverdell Deal Eldridge 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 Tysinger Walker

Those not voting were Senators:

Ballard Barker Bell Brannon

Brantley Broun of 46th Bryant Dean

English Holloway Turner Wessels

On the passage of the bill, the yeas were 44, nays 0.

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

TUESDAY, MARCH 16, 1982

2451

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.
Senate Sponsor: Senator Howard of the 42nd.

Senator Howard of the 42nd offered the following amendment: Amend HB 1390 by striking from line 13 of Page 2 the following: "11 members",
and inserting in its place the following: "ten members".

On the adoption of the amendment, the yeas were 29, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Eldridge Engram Evans
Fincher of 52nd Fincher of 54th

Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester
Littlefield

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

2452

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard Barker Bell Brannon Brantley

Bryant Dean English Holloway

Stephens Trulock Turner Wessels

On the passge of the bill, the yeas were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Starr of the 44th assumed the Chair at the direction of the President.

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.
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 Barnes Bond Bowen Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Engram Evans
Fincher of 52nd

Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Tate Thompson Timmons Tysinger Walker

TUESDAY, MARCH 16, 1982

2453

Those not voting were Senators:

Ballard Barker Bell Brannon Brantley Bryant

Eldridge English Fincher of 54th Holloway Hudson

Starr (presiding) Sutton Trulock Turner Wessels

On the passage of the bill, the yeas were 40, nays 0.

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

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.
Senate Sponsor: Senator Gillis of the 20th.

Senator Evans of the 37th offered the following substitute to HB 1563:
A BILL
To be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public pur poses, approved April 21, 1967 (Ga. L. 1967, p. 889), as amended by an Act approved April 12, 1968 (Ga. L. 1968, p. 3696), an Act approved April 24, 1975 (Ga. L. 1975, p. 1006), and an Act approved March 16, 1976 (Ga. L. 1976, p. 437), so as to provide that eligible municipalities which fail to file or which file after the cutoff date the required certifica tion for funds in Fiscal Year 1982 may file or refile a late certificate and qualify for Fiscal Year 1982 funds; to provide the procedures connected therewith; to amend Code Section 36-40-24 of the Official Code of Georgia Annotated, relating to computation of grants to certain incor porated municipalities of this state to be used for public purposes, so as to provide for grants for furnishing police protection and for the methods, conditions, and procedures relating thereto; to provide effec tive dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act providing for grants to certain incorporated municipalities of this State to be used for any public purposes, approved April 21, 1967 (Ga. L. 1967, p. 889), as amended by an Act approved

2454

JOURNAL OF THE SENATE
April 12, 1968 (Ga. L. 1968, p. 3696), an Act approved April 24, 1975 (Ga. L. 1975, p. 1006), and an Act approved March 16, 1976 (Ga. L. 1976, p. 437), is amended by adding a new paragraph at the end of Section 5 to read as follows:
"Notwithstanding any other provisions of this Act to the contrary, any eligible municipality which failed to file the required certification for Fiscal Year 1982 funds or which filed the required certification after the June 1 cutoff date may file or refile a certificate for Fiscal Year 1982 funds on or before June 1, 1982, and regain eligibility for Fiscal Year 1982 funds. It shall be the duty of the Director of the fiscal division of the Department of Administrative Services to include any municipality filing a late certification in the formula for determining the amount of the grants as provided in Section 2 of this Act and to disburse funds as though a timely certificate had been filed by such municipality."
Part 2
Section 2. Code Section 36-40-24 of the Official Code of Georgia An notated, relating to computation of grants to certain incorporated municipalities of this state to be used for public purposes, is amended by adding after subsection (a) a new subsection (a.l) to read as follows:
"(a.l) Notwithstanding any other provisions of this article, to the extent that funds for furnishing police protection are specifically made available to municipal corporations by any law, the fiscal divi sion of the Department of Administrative Services is authorized and directed to grant such funds to the municipal corporations of this state on the basis of population. The total amount of this grant shall be divided by the total population of all municipal corporations to arrive at an average per capita amount. Such per capita amount shall be multiplied in turn by the population of each municipal corporation to arrive at the respective grant to that municipal corporation. No minimum grant amount shall be required for any municipal corpora tion. These funds, however, may only be expended by the municipal corporation for the furnishing of police protection."
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.

TUESDAY, MARCH 16, 1982

2455

On the adoption of the substitute, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bond Coverdell

Evans Foster

Those voting in the negative were Senators:

Bowen Brown of 47th Cobb Coleman Deal Dean Engram Fincher of 52nd Garner Gillis Greene

Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Allgood Ballard Barker Barnes Bell Brannon Brantley

Broun of 46th Bryant Eldridge English Fincher of 54th Holloway

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

On the adoption of the substitute, the yeas were 6, nays 31, and the substitute was lost.

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

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

Those voting in the affirmative were Senators:

Bond Bowen Brown of 47th Cobb Coleman Coverdell

Deal Dean Evans Fincher of 52nd Foster Garner

Gillis Greene Hill Horton Howard Hudgins

2456

JOURNAL OF THE SENATE

Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Robinson Scott Stumbaugh Summers Sutton

Those not voting were Senators:

Allgood Ballard Barker Barnes Bell Brannon Brantley

Broun of 46th Bryant Eldridge English Engram Fincher of 54th Holloway

Tate Timmons Trulock Tysinger Walker
Land Reynolds Starr (presiding) Stephens Thompson Turner Wessels

On the passage of the bill, the yeas were 35, nays 0.

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

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.

Senator Evans of the 37th offered the following amendment:
Amend SR318 by striking the word "Directing" on line 1, Page 1 and substituting in lieu thereof "Urging";
and
by striking the words "General Assembly" on lines 13 and 14 on Page 2 and substituting in lieu thereof "Senate";
and
by striking the word "direct" on lines 14 and 20 of Page 2 and substituting in lieu thereof the word "urge''.

On the adoption of the amendment, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond Bowen

Brown of 47th Coleman Coverdell

Deal Dean Eldridge

Engram Evans Fincher of 52nd Foster Garner Greene Hill Horton Howard Hudgins Hudson

TUESDAY, MARCH 16, 1982

Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott

Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Tysinger Walker

2457

Those not voting were Senators:

Allgood Ballard Barker Bell Brannon Brantley

Broun of 46th Bryant Cobb English Fincher of 54th

Gillis Holloway Starr (presiding) Turner Wessels

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 adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bowen Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge Engram Evans Fincher of 52nd Foster

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

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Ballard Barker Bell Bond Brannon

Brantley Broun of 46th Bryant English Fincher of 54th Gillis

Holloway Land Starr (presiding) Stephens Turner Wessels

On the adoption of the resolution, the yeas were 38, nays 0.

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

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.
Senate Sponsor: Senator Reynolds of the 48th.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge Evans Fincher of 52nd Foster

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

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

TUESDAY, MARCH 16, 1982

2459

Those not voting were Senators:

Ballard Barker Bell Brannon Brantley

Broun of 46th Bryant English Engram Fincher of 54th

Gillis Holloway Starr (presiding) Turner Wessels

On the passage of the bill, the yeas were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Greene of the 26th.
The Senate Committee on Judiciary offered the following substitute to HB 1210:
A BILL
To be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide for different methods and procedures for the seizure and forfeiture of cer tain 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 per sons 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 provide for forfeiture of money, negotiable instruments, securities, and other things of value under certain circumstances; to pro vide for notice of certain forfeiture proceedings to lienholders and securi ty interest holders; to change certain conditions authorizing notification by publication; to provide for disposition of certain property upon clai mant's knowledge of the use thereof and to prohibit certain claims upon that merchandise and proceeds from the sale thereof; to change certain terminology relating to property and actions; to provide for the forfeiture of certain objects and materials; to provide the procedure for the forfeiture of said objects and materials; 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 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-12-31, relating to seizure and disposition of funds and other things of

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JOURNAL OF THE SENATE
value used in gambling, and Code Section 16-12-32, relating to seizure and disposition of fuels used in transporting gambling devices or parts, in their entirety and substituting in lieu thereof 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.
(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 con veyance 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 lottery is declared to be contraband and may be seized and forfeited as provid ed 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 fil ed in the superior court of the county in which the property was seiz ed 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.

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2461

(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.
jh) 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:
(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."
Section 2. Said title is further amended by striking Code Section 16-13-49, relating to forfeitures, in its entirety and substituting in lieu thereof a new Code Section 16-13-49 to read as follows:
"16-13-49. (a) The following are subject to forfeitures:
(1) All controlled substances are marijuana which have been manufactured, distributed, dispensed, held, or acquired in violation of this article;
(2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, proc essing, delivering, importing, or exporting any controlled substance or marijuana in violation of this article;
(3) All property which is used, or intended for use, as a container for property described in paragraphs (1) and (2) of this subsection;
(4) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, hold, conceal, or in any manner to facilitate the transportation, for the purpose of sale or receipt, of property described in paragraph (1) or (2) of this subsec tion, but:
(A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture

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under this Code section unless it appears that the owner or other per son in charge of the conveyance is a consenting party or privy to a violation of this article;
(B) No conveyance is subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent;
(C) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission;
(D) No conveyance is subject to forfeiture under this Code section for violations which involve no controlled substances and four ounces or less of marijuana;
(5) All books, records, and research products and materials, in cluding formulas, microfilm, tapes, and data, which are used, or in tended to be used, in violation of this article;
(6) All moneys, negotiable instruments, securities, or other things of value, furnished or intended to be furnished by any person in ex change for a controlled substance or marijuana in violation of this chapter, all proceeds traceable to such an exchange, all moneys, negotiable instruments, securities, or other things of value used to facilitate any violation of this chapter and all moneys, negotiable in struments, securities, or other things of value which are found in close proximity to any controlled substance or marijuana or other property which is subject to forfeiture under this subsection and which other wise has been used, or intended for use to facilitate the unlawful manufacture, distribution, dispensing, or possession of a controlled substance or marijuana; and
(7) All objects and materials distributed in violation of Code Sec tion 16-13-32.1 or possessed in violation of Code Section 16-13-32.2.
(b) Property subject to forfeiture under this article may be seized by the director of the Georgia Drugs and Narcotics Agency or duly authorized agents or drug agents of the State Board of Pharmacy or by any law enforcement officer of this state or any political subdivision thereof who has the power to make arrests and whose duty is to en force this article, upon process issued by any court having jurisdiction over the property. Seizure without process or warrant may be made if:
(1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this article;
(3) The director of the Georgia Drugs and Narcotics Agency or du ly authorized agents or drug agents of the State Board of Pharmacy have probable cause to believe that the property is directly dangerous to health or safety; or

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2463

(4) The director of the Georgia Drugs and Narcotics Agency, duly authorized agents, drug agents, or law enforcement officers as set forth in this subsection have probable cause to believe that the proper ty was used or is intended to be used in violation of this article.
(c) In the event of seizure pursuant to subsection (b) of this Code section, proceedings under subsection (d) shall be instituted promptly.
(d) Property taken or detained under this Code section shall not be subject to replevin but is deemed to be in the custody of the superior court wherein the seizure was made or in custody of the superior court where it can be proven that acts prohibited by this article took place, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the director of the Georgia Drugs and Narcotics Agency or duly authorized agents, drug agents, or law enforcement of ficers seizing such property shall:
(1) Place the property under seal;
(2) Remove the property to a place designated by the judge of the superior court as set out above; or
(3) Deliver such property to the sheriff or police chief of the coun ty in which the seizure occurred, and the sheriff or police chief shall take custody of the property and remove it to an appropriate location for disposition in accordance with law.
(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

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JOURNAL OF THE SENATE
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. In the event more than one county shall have the right to file condemnation pro ceedings, then the county wherein the actual physical seizure was made shall take precedence over other counties or jurisdictions which may have claims pursuant to this article.
(f) (1) Except as otherwise provided in this subsection, when property is forfeited under this article, the judge of the superior court in the county where the seizure was made or in the county in which it can be proven that acts prohibited by this article took place may:
(A) Retain it for official use by any agency of this state or any political subdivision thereof;
(B) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for pay ment of all proper expenses of the proceedings for forfeiture and sale, including the expenses of seizure, maintenance of custody, advertis ing, and court costs; or
(C) Require the sheriff or police chief of the county in which the seizure occurred to take custody of the property and remove it for disposition in accordance with law.
(2) Money and currency which is forfeited shall vest in the county where such condemnation proceedings are filed in accordance with this article and shall be paid into the county treasury as county funds.
(g) Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of this article are con traband and shall be seized and summarily forfeited to the state. Con trolled substances in Schedule I which are seized or come into the possession of the state, the owners of which are unknown, are contra band and shall be summarily forfeited to the state.

TUESDAY, MARCH 16, 1982

2465

(h) Species of plants from which controlled substances in Schedules I and II may derive, which have been planted or cultivated in violation of this article, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state.
(i) Upon demand by the director of the Georgia Drugs and Nar cotics Agency, duly authorized agents, drug agents, or law enforce ment officers as set forth in subsection (b) of this Code section, the failure of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to pro duce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.
(j) Upon an ex parte application of the district attorney or the sheriff of the county in which property was seized, the court may order an amount, not to exceed one-fourth of the proceeds of the sale of property forfeited under this Code section, to be paid to any person furnishing information which led to the seizure of the property. The court shall specify the method in which the payment shall be made so as to protect the identity of the informer."
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 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 Barnes Bond Bowen Broun of 46th
Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge Engram Evans
Fincher of 52nd

Foster Garner Gillis Greene Hill
Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson
Scott Stephens Stumbaugh Sutton Tare Thompson Timmons Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard Barker Bell Brannon Brantley

Bryant English Fincher of 54th Starr (presiding)

Summers Trulock Turner Wessels

On the passage of the bill, the yeas were 43, nays 0.

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

HB 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.
Senate Sponsors: Senators Howard of the 42nd and Greene of the 26th.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge Engram Evans Fincher of 52nd

Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Those not voting were Senators:

Ballard Barker Bell Brannon Brantley

Broun of 46th Bryant English Fincher of 54th Starr (presiding)

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

TUESDAY, MARCH 16, 1982 On the passage of the bill, the yeas were 42, nays 0.

2467

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

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.
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 Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge Engrain Evans

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

Those not voting were Senators:

Ballard Barker Bowen Brannon Brantley

Bryant English Fincher of 54th McKenzie Starr (presiding)

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

On the passage of the bill, the yeas were 42, nays 0.

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

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HR 513. By Representative Snow of the 1 st: Senate Sponsor: Senator Barnes of the 33rd.

A RESOLUTION
To repeal Resolution Act No. 68 (House Resolution No. Ill), adopted at the 1981 regular session of the General Assembly (Ga. L. 1981, p. 1911), which resolution proposed an amendment to the Constitution so as to provide for amendment of the Constitution by ratification of two or more new articles or two or more new articles with related changes as a single amendment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Resolution Act No. 68 (House Resolution No. Ill), adopted at the 1981 regular session of the General Assembly (Ga. L. 1981, p. 1911), which resolution proposed to amend the third un numbered paragraphs of Paragraph I of Section I of Article XII of the Constitution by adding at the end thereof the following:
"A proposal for the ratification of two or more new Articles may be submitted as a single amendment. A proposal for the ratification of two or more Articles with related changes within the Articles or with related changes in one or more other Articles may be submitted as a single amendment.",
is repealed in its entirety.

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

On the resolution repealing a proposed amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge Engram Evans

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

McGill McKenzie Reynolds Scott Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Tysinger Walker

TUESDAY, MARCH 16, 1982

2469

Those not voting were Senators:

Ballard Barker Bell Brannon Brantley

Bryant English Fincher of 54th Holloway Hudson

Robinson Starr (presiding) Timmons Turner Wessels

On the adoption of the resolution, the yeas were 41, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
The President resumed the Chair.
HR 517. By Representatives Murphy of the 18th and Thomas of the 66th: Senate Sponsor: Senator Barnes of the 33rd.
A RESOLUTION
To repeal Resolution Act No. 69 (House Resolution No. 119), adopted at the 1981 regular session of the General Assembly (Ga. L. 1981, p. 1913), which resolution proposed an amendment to the Constitution so as to provide the manner of filling vacancies in certain elected constitu tional offices of the state; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Resolution Act No. 69 (House Resolution No. 119), adopted at the 1981 regular session of the General Assembly (Ga. L. 1981, p. 1913), which resolution proposed to amend Section III of Article V of the Constitution by adding a new Paragraph VII to read as follows:
"Paragraph VII. Vacancies. A vacancy in the office of Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor shall be filled by appointment of the Governor until the first day of January after the next general election which is held more than 30 days after the vacancy occurs. If a portion of the original term remains unexpired after that first day of January, a successor for the unexpired term shall be elected at that general election.",
is repealed in its entirety.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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JOURNAL OF THE SENATE

On the resolution repealing a proposed amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge Engram Evans 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 Summers Sutton Tate Thompson Trulock Tysinger Walker

Those not voting were Senators:

Ballard Barker Bell Brannon

Brantley Bryant English Fincher of 54th

Stumbaugh Timmons Turner Wessels

On the adoption of the resolution, the yeas were 44, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
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. Senate Sponsor: Senator Greene of the 26th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, MARCH 16, 1982

2471

On 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 Bond Bowen Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge Engram Evans Fincher of 52nd

Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Tysinger Walker

Those not voting were Senators:

Ballard Barker Bell Brannon

Brantley Bryant English Fincher of 54th

Starr Timmons Turner Wessels

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

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JOURNAL OF THE SENATE

The Speaker has appointed on the part of the House the following members thereof:

Representatives Vaughn of the 57th, Collins of the 144th and Harris of the 8th.

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

SR 296. By Senator Hudgins of the 15th: A resolution commending Honorable Jack Brinkley and Honorable Mack Mattingly.
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 Bond Bowen Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge Engram Evans

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

Littlefield McGill McKenzie Reynolds Scott Starr Stephens Summers Sutton Tate Thompson Trulock Tysinger Walker

Those not voting were Senators:

Ballard Barker Bell Brannon Brantley

Bryant English Fincher of 54th Greene Robinson

Stumbaugh Timmons Turner Wessels

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

TUESDAY, MARCH 16, 1982

2473

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

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

HB 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.

Senator Broun of the 46th moved that the Senate adhere to the Senate substitute to HB 1236 and that a Conference Committee be appointed.

On the motion the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1236.

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

Senators Holloway of the 12th, Allgood of the 22nd and Broun of the 46th.

The President announced that the Senate would stand in recess from 4:42 o'clock P.M. until 5:00 o'clock P.M., at which time the Senate would stand adjourn ed, pursuant to the provisions of HR 847, previously adopted, until 10:00 o'clock A.M. on Monday, March 22, 1982.

2474

JOURNAL OF THE SENATE
Senate Chamber, Atlanta, Georgia Monday, March 22, 1982
Thirty-seventh 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 Tues day, March 16, 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 Senate:

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.

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.

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.

MONDAY, MARCH 22, 1982

2475

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.

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.

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.

SB 662. BySenatorLesterofthe23rd:
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 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.

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.

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.

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JOURNAL OF THE SENATE

The House has agreed to the Senate amendment to 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 passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 700. By Senator Bowen of the 13th:
A bill creating a Small Claims Court of 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 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 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 253. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), so as to provide the circumstances whereby local units of administration may be granted funding for construction in excess of annual en titlements.

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

SR 378. By Senator Land of the 16th:
A resolution creating the Driver's License Suspension and Revocation Study Committee. Referred to Committee on Rules.

MONDAY, MARCH 22, 1982

2477

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 resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 759. Do pass. SB 782. Do pass. SR 330. Do pass. HB 1118. Do pass. HB 1492. Do pass as amended. HB 1538. Do pass. HB 1552. Do pass. HB 1560. Do pass. HB 1616. Do pass. HB 1672. Do pass. HB 1677. Do pass. HB 1683. Do pass. HB 1717. Do pass. HB 1725. Do pass by substitute. HB 1727. Do pass. HB 1728. Do pass. HB 1739. Do pass. HB 1753. Do pass. HB 1800. Do pass. HB 1802. Do pass. HB 1805. Do pass. HB 1806. Do pass. HB 1807. Do pass. HB 1808. Do pass. HB 1809. Do pass. HB 1810. Do pass. HB 1812. Do pass. HB 1813. Do pass.

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JOURNAL OF THE SENATE

HB 1815. Do pass. HB 1822. Do pass. HB 1823. Do pass. HB 1826. Do pass. HB 1829. Do pass. HB 1848. Do pass. HB 1852. Do pass. HB 1855. Do pass. HB 1857. Do pass. HB 1858. Do pass. HB 1860. Do pass. HB 1862. Do pass. HB 1863. Do pass. HB 1864. Do pass. HB 1865. Do pass. HB 1866. Do pass. HB 1867. Do pass. HB 1868. Do pass. HB 1869. Do pass. HB 1871. Do pass. HB 1872. Do pass. HB 1874. Do pass. HB 1875. Do pass. HB 1878. Do pass. HB 1879. Do pass. HB 1881. Do pass. HB 1882. Do pass. HB 1883. Do pass. HB 1884. Do pass. HB 1885. Do pass. HB 1886. Do pass. HB 1888. Do pass. HB 1889. Do pass. HB 1893. Do pass.

MONDAY, MARCH 22, 1982

2479

HB 1896. Do pass. HB 1898. Do pass. HB 1901. Do pass. HB 1902. Do pass. HB 1904. Do pass. HB 1908. Do pass. HB 1909. Do pass. HB 1910. Do pass. HB 1911. Do pass. HB 1912. Do pass. HB 1937. Do pass. HR 617. Do pass by substitute. HR 699. Do pass. HR 700. Do pass as amended. HR 730. Do pass. HR 740. Do pass. HR 779. Do pass. HR 780. Do pass. HR 787. Do pass. HR 813. Do pass.

Mr. President:

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

The Committee on Consumer Affairs 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 1055. Do pass. HB 1437. Do pass. HB 1752. Do pass.

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

2480 Mr. President:

JOURNAL OF THE SENATE

The Committee on Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 364. Do pass as amended. HB 1256. Do pass. HB 1631. Do pass. HB 1774. Do pass. HB 1825. Do pass. HB 1900. Do pass as amended.
Respectfully submitted, Senator Kidd of the 25th District, Chairman
Mr. President:

The Committee on Human Resources 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 1395. Do pass as amended.

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

The following communication from the President of the Senate was read by the Secretary:
The State Senate Atlanta, Georgia 30334
March 16, 1982

This is to certify that Senator Don Ballard, Chairman of the Senate Committee on Industry, Labor and Tourism, is absent, and I am hereby designating Senator Jack L. Stephens of the 36th, Vice Chairman, to call a meeting of the Senate Committee on Industry, Labor and Tourism to con
sider House Bill 1546.

I si Zell Miller President Georgia State Senate

MONDAY, MARCH 22, 1982

2481

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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1546. Do pass as amended.
Respectfully submitted, Senator Stephens of the 36th District, Vice Chairman
Mr. President:
The Committee on Public Utilities has had under consideration the following resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HR 658. Do pass as amended. HR 747. Do pass.
Respectfully submitted, Senator Brown of the 47th District, Chairman
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 1340. Do pass. HB 1342. Do pass.

2482

JOURNAL OF THE SENATE

HB 1321. Do pass. HB 1243. Do pass.

Respectfully submitted, Senator Tate of the 38th 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 291. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 530. Do pass by substitute.
HB 813. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 901. Do pass. HB 1527. Do pass. HB 1529. Do pass.

MONDAY, MARCH 22, 1982

2483

HR 583. Do pass. HR 656. Do pass. HR 755. 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:
HB 291. By Representatives Harrison and Isakson of the 20th, Darden of the 19th and Nix of the 20th: A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change a provision relative to a definition.
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 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 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 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.

2484

JOURNAL OF THE SENATE

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 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.
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 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.

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.

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 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 ac cordingly.

MONDAY, MARCH 22, 1982

2485

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.

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 Authority by a board of governors.

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.

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 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 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.

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.

2486

JOURNAL OF THE SENATE

HR 583. By Representatives Byrd and Moody of the 138th: A resolution designating the Dr. McKee Hargrett Bridge.

HR 656. By Representatives Twiggs and Colwell of the 4th: A resolution designating the Miller J. Grist Bridge.

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.

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 755. By Representatives Baugh of the 108th and Parham of the 109th: A resolution designating the William Franklin Bloodworth, Jr., Bridge.

SB 759. By Senator Evans of the 37th:
A bill to repeal an Act creating the City of Atlanta Group Insurance Board Authority.

SB 782. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to change the method of selection of members of the GlynnBrunswick Hospital Authority; to provide for qualifications of members.

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.

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.

MONDAY, MARCH 22, 1982

2487

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 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 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.

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 1616. By Representatives Nix of the 20th, Darden and Thompson 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 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.

2488

JOURNAL OF THE SENATE

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 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 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.

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 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 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.

MONDAY, MARCH 22, 1982

2489

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 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 more more than 55,110 accor ding to the 1970 United States decennial census or any future such cen sus, so as to change the population requirements of said Act.

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 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.

HB 1808. By Representatives Snow and Hays of the 1 st 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.

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 the superior court of Walker County on an annual salary, so as to change the maximum compensation of personnel of the clerk's office.

2490

JOURNAL OF THE SENATE

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 the 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 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 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.

MONDAY, MARCH 22, 1982

2491

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 ordinance of the City of Augusta, so as to change the maximum amount of fines which may be imposed.

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 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 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 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.

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 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.

2492

JOURNAL OF THE SENATE

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 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 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.

MONDAY, MARCH 22, 1982

2493

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 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.

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 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.

2494

JOURNAL OF THE SENATE

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 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.

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.

MONDAY, MARCH 22, 1982

2495

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 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 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.

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 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.

HB 1908. By Representative Adams of the 79th:
A bill to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia pertaining to the City of Molena in the County of Pike; to provide a new charter therefor; to organize the municipal government thereof; to prescribe the corporate limits.

HB 1909. By Representative Adams of the 79th:
A bill to amend an Act increasing the compensation of the chairman and other members of the board of commissioners of Upson County, so as to provide for the reimbursement of expenses of the chairman and other members of the board of commissioners.

2496

JOURNAL OF THE SENATE

HB 1910. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the amount payable for clerical help in that of fice.

HB 1911. By Representative Edwards of the 110th:
A bill to amend an Act abolishing the present mode of compensating the Ordinary of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the provisions relative to the authority of the judge of the probate court to appoint certain person nel.

HB 1912. By Representative Edwards of the 110th:
A bill to amend an Act abolishing the mode of compensating the Clerk of the Superior Court of Taylor County, known as the fee system, and pro viding in lieu thereof an annual salary, so as to change certain provisions relative to the authority of the clerk to appoint personnel.

HB 1937. By Representatives Moore and Smith of the 152nd, Moody of the 138th and others:
A bill to provide for a referendum election in Pierce County at which the voters of the Pierce County School District shall be given several choices relating to the composition and selection of the board of education and relating to the appointment or election of the county school superinten dent.

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 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.

MONDAY, MARCH 22, 1982

2497

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.

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.

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.

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.

HR 813. By Representatives Matthews of the 145th and Collins of the 144th:
A resolution proposing an amendment to the Constitution so as to re quire the tax commissioner of Colquitt County to collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official and to require the revenue derived from the col lection of such fee to be used to fund emergency medical services in Col quitt County.

2498

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 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.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend SB 729 by striking from line 3 of Page 2 the following: "212.01",
and inserting in lieu thereof the following: "212.02".

On the adoption of the amendment, the yeas were 51, nays 0, and the amend ment was adopted.

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

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

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

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.

MONDAY, MARCH 22, 1982

2499

The Senate Committee on County and Urban Affairs offered the following substitute to SB 737:

A BILL
To be entitled an Act to amend an Act revising, superseding, and con solidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, ap proved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), so as to change the provisions relating to the descriptions of commissioner districts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), is amended by striking subsection (b) of Section 2 in its entirety and substituting in lieu thereof a new subsec tion (b) to read as follows:
"(b) For the purpose of electing the five district commissioners, DeKalb County shall be divided into five Commissioner Districts as follows:
Commissioner District 1 shall consist of the following Census Tracts of such county:
Tracts 211, 212.02 through 212.07, 213.01 through213.04, and214.03
Tracts 217.01 Block Groups 1 and 4
Tracts 217.02 and 218.03
Commissioner District 2 shall consist of the following Census Tracts of such county:
Tracts 201 through 204 Tracts 214.01, 214.02, and 214.04 Tract 215 Tracts 216.01 through 216.03 Tract 217.01
Blocks 201 through 203 and 214 Block Group 3 Tracts 223.01 and 223.02 Tracts 224.01 through 224.03 Tracts 225 through 228

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JOURNAL OF THE SENATE
Commissioner District 3 shall consist of the following Census Tracts of such county:
Tracts 205 through 209 Tract 229
Block Groups 4,5, and 6 Tract 231.01 Tract 234.03 and 234.04 Tract 234.05
Block Groups 1 and 2 Tract 234.06
Block 305 Tract 235.01 Tract 235.02
Block 215 Block Group 3 Blocks 401 through 410 Tracts 236 and 237 Tracts 238.01 through 238.03
Commissioner District 4 shall consist of the following Census Tracts of such county:
Tract 217.01 Blocks 205 through 209, 211 through 213, 216,and217 Block Group 9
Tracts 218.02 and 218.04 Tracts 219.01 through 219.03 Tracts 220.01 through 220.03 Tracts 22 land 222 Tract 232.01 Tract 233.01
Block Groups 1,2, and 3 Blocks 401, 402, 404, and 405
Commissioner District 5 shall consist of the following Census Tracts of such county:
Tract 229 Block Groups 1,2, and 3
Tract 230 Tracts 231.02 through 231.04 Tracts 232.02 and 232.03 Tract 233.01
Block 403 Block Group 5 Tracts 233.02 through 233.04 Tract 234.05 Block Groups 3, 4, and 5 Tract 234.06 Block Groups 1 and 2 Blocks 301, 302, 304, 306
through 322, 324, 325, 327 through 335,337, 352, and 353

MONDAY, MARCH 22, 1982
Block Groups 4, 5 , 6 ,7, and 9 Tract 234.07 Tract 235.02
Block Group 1 Blocks 201 through 203,
205 through 210, and 216 through 218 Blocks 412 and 413 Tract 235.03
For the purposes of this subsection, the term 'census tract', 'block', and 'block group' shall have the same meaning and describe the same geographical boundaries as provided in the U.S. Department of Commerce, Bureau of Census, report of the United States Decennial Census of 1980 for the State of Georgia. Any portion of DeKalb County not included in Commissioner District 1 through 5 described above shall be included within that Commissioner District contiguous to such portion which contains the least population."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the yeas were 51, nays 0
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 757. By Senator Stumbaugh of the 55th: A bill to provide for a n 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.
The Senate Committee on County and Urban Affairs offered the following amendment:
Amend SB 757 a s follows:
By inserting in line 24 on Page 1 between the word "general" and the word "election" the word "primary".

JOURNAL OF THE SENATE
On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 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.
The report 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 1609. By Representative Birdsong of the 103rd: A bill to provide for the election of the members of the Board of Education of Twiggs County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 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.

MONDAY, MARCH 22, 1982

2503

The report 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 1700. By Representatives Johnson, Wood, Benefield and Lee of the 72nd:
A bill to amend Code Title 91A, 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 Annotated accordingly.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1700 by striking from line 24 of Page 2 the following: "one and one-half'',
and inserting in lieu thereof the following: "1.6OV,
by striking from line 17of page 4 the following: "I%",
and inserting in lieu thereof the following: "1.60".

On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.

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

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

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

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JOURNAL OF THE SENATE

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.

The report 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 1731. By Representatives Pinkston of the 100th,Horne of the 104th, Randall of the lOlst 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.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1731 by striking the descriptions of Districts No. 3 and 4 from line 1 of Page 3 through line 49 of Page 3 and inserting in lieu thereof the following:
"District No. 3
Bibb Tract 102 Blocks 203 through 205,207through 212,214, and 215 Block Groups 3 and 4 Tract 110 Tract 113 Blocks 111, 112, 114, 115, 118, 121 through 124,126,and 127 Tracts 117.01and 118 through 121 Tract 122 Blocks 101through 103and 109 through 117 Tract 123 That part of Block 101 outside the City of Macon Blocks 102 through 106,118,119, 603 through 620,622,and 623 Tract 124 Block Group 1 Blocks 201 through 204 Tract 134.01

MONDAY, MARCH 22, 1982
Tract 134.02 Except Block 913
Tract 136.01 Blocks 301,302, and 316 Block Group 4
District No. 4
Bibb Tract 126 Blocks 312 through 323 Block Group 4 Blocks 903 and 904 Tract 129 Tract 130 Blocks 125through 128,205through 208,901 through 903, and 907 Tracts 131.01 and 131.02 Tract 132.01 Blocks 101 through 109 Block Groups 3 and 9 Tract 132.02 Blocks 213 through 218 Block G r o u ~3 Tract 134.02 Block913 Tracts 135.01and 135.02 Tract 136.01 Block Groups 1 and 2 Blocks 303 through 315,317 through 324, and 334 through 340 Tract 136.02".
On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the 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 as amended.
HB 1732. By Representatives Pinkston of the 100th, Horne of the 104th, Randall of the lOlst 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.

2506

JOURNAL OF THE SENATE

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1732 by striking the descriptions of Districts No. 3 and 4 from line 55 of Page 2 through line 40 of Page 3 and inserting in lieu thereof the following:
"District No. 3
Bibb Tract 102 Blocks 203 through 205,207 through 212,214,and 215 Block Groups 3 and 4 Tract 110 Tract 113 Blocks 111,112,114,115,118,121 through 124,126,and 127 Tracts 117.01and 118through 121 Tract 122 Blocks 101 through 103and 109 through 117 Tract 123That part of Block 101 outsIde the City of Macon Blocks 102 through 106,118, 119, 603 through 620,622,and 623 Tract 124 Block Group 1 Blocks 201 through 204 Tract 134.01 Tract 134.02 Except Block 913 Tract 136.01 Blocks 301,302,and 316 Block Group 4
District No. 4
Bibb Tract 126 Blocks 312 through 323 Block Group 4 Blocks 903 and 904 Tract 129 Tract 130 Blocks 125through 128,205through 208,901through 903, and 907 Tracts 131.01 and 131.02 Tract 132.01 Blocks 101 through 109 Block Groups 3 and 9 Tract 132.02 Blocks 2 13through 2 18 Block Group 3

MONDAY, MARCH 22, 1982
Tract 134.02 Block 913
Tracts 135.01and 135.02 Tract 136.01
Block Groups 1 and 2 Blocks 303 through 31 5 , 317through
324, and 334 through 340 Tract 136.02".
On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the 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 as amended.
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.
The report 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 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.
The report 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.

JOURNAL OF THE SENATE
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.
The report 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 1779. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th: A bill to amend an Act providing for a board of elections in counties having a population of not less than 60,000 and not more than 65,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
O n the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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.
The report 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.

MONDAY, MARCH 22, 1982
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 18,200and 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.
The report 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 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.
The report 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 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 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 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.

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JOURNAL OF THE SENATE

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

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

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

HB 1790. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to amend an Act placing the Sheriff of Pickens County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff.

The report 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 1792. By Representatives Castleberry of the 11lth 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.

The report 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 1793. By Representative Castleberry of the 11lth:
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.

The report 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.

MONDAY, MARCH 22, 1982

251 1

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

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.

The report 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 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.

The report 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 1797. By Representative Crawford of the 5th:
A bill to provide that in certain counties the salary of the county commissioner shall be the same as that of the sheriff of the county.

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

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

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

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JOURNAL OF THE SENATE

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.

The report 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 1799. By Representative Murphy of the 18th:
A bill to provide for the election of the members of the Board of Education of Haralson County.

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

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

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

HB 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 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 1804. By Representative Jones of the 78th:
A bill to repeal a n 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 counties. . .".

MONDAY, MARCH 22, 1982

2513

The report 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 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.

The report 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 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 compensation, so as to change the salary of the judge of the probate court.

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

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

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

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.

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

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

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

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JOURNAL OF THE SENATE

HB 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.

The report 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 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.

The report 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 1835. By Representative Vaughn of the 57th:
A bill to amend an Act f i i n g the compensation of the clerk of the superior court of Rockdale County, so as to change the salary 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 1837. By Representatives Murphy of the 18th, 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.

MONDAY, MARCH 22, 1982

2515

The report 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 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.

The report 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 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.

The report 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 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.

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

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

SB 457. By Senator Stephens of the 36th:
A bill to define the status and prescribe the duties and powers of certain employees of county adult probation departments 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 51, nays 0.

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

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.

The report 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 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 pr6vide for corporate limits; to provide for a city council to be composed of a mayor and six councilmen.

Senator Walker of the 19th offered the following amendment:

Amend SB 774 by striking on Page 2 , lines 3 and 7 the word "policy" and inserting in lieu thereof the following:
"police",

MONDAY, MARCH 22, 1982
and by striking on Page 14,line 5 the word "On" and inserting in lieu thereof the following:
"Only", and by striking on Page 21, line 31 the word "property" and inserting in lieu thereof the following:
"proper".
On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 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 commissioner; to provide a n effective date.
The Senate Committee on County and Urban Affairs offered the following substitute to SB 776:
A BILL To be entitled an Act to amend an Act creating the Office of Commissioner of Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892),as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 451I ) ,so as to change the provisions relating to the compensation of the commissioner; 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 Commissioner of Lumpkin County, approved March 7,1955 (Ga.L. 1955,p. 2892),as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4511), is

JOURNAL OF THE SENATE
amended by striking in its entirety Section 9 and substituting in lieu thereof a new Section 9 to read as follows:
"Section 9. (a) As the chief executive and fiscal officer of said County of Lumpkin, the commissioner shall devote his full time to the business and interest of said county; and, for the performance of such duties, the commissioner shall receive an annual salary of not less than $21,500.00, payable in equal monthly installments from the funds of Lumpkin County.
(b)The salary provided in subsection (a)of this Section shall be increased by five percent for each four-year term of office served by the commissioner, figured at the end of each such period of service. Such increase shall not have retroactive effect, except that the current term of the commissioner presently in office shall be counted for determining the appropriate salary under this Section. Provided, however, that the maximum salary received by the commissioner for any calendar year shall not exceed $26,500.00.
(c)As used in this subsection 'county officer' means the sheriff, clerk of the superior courts,judge of the probate court, or tax commissioner of Lumpkin County. If at any time after January 1, 1982, the salary of any county officer is increased during a calendar year, either by local law or pursuant to general law, then the salary provided by this Section for the Commissioner of Lumpkin County shall be increased in the same dollar amount as the dollar amount of the increase in the salary of the county officer, effective at the same time as the effective date in the increase in the salary of the county officer. In the event the salary of two or more county officers is increased during a calendar year, the provisions of this subsection shall apply only to the salary increase which is greatest in dollar amount."
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 51, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

MONDAY, MARCH 22, 1982
SB 777. By Senator Foster of the 50th:
A bill to amend an Act placing the Tax Commissioner of Lumpkin County upon an annual salary, 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 777:
A BILL
To be entitled an Act to amend an Act placing the Tax Commissioner of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 38541, as amended, particularly by an Act approved April 11, 1979 (Ga.L. 1979, p. 4513),so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the Tax Commissioner of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 38541, as amended, particularly by an Act approved April 11, 1979 (Ga.L. 1979, p. 4513),is amended by striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The tax commissioner shall receive an annual salary of not less than $18,500.00, payable in equal monthly installments from the funds of Lumpkin County.
(b)The salary provided in subsection (a)of this Section shall be increased by five percent for each four-year term of office served by the tax commissioner, figured at the end of each such period of service. Such increase shall not have retroactive effect, except that the current term of the tax commissioner presently in office shall be counted for determining the appropriate salary under this Section. Provided, however, that the maximum salary received by the tax commissioner for any calendar year shall not exceed $23,500.00.
(c)As used in this subsection 'county officer' means the sheriff, clerk of the superior court, judge of the probate court, or Commissioner of Lumpkin County. If at any time after January 1, 1982, the salary of any county officer is increased during a calendar year, either by local law or pursuant to general law, then the salary provided by this Section for the tax commissioner of Lumpkin County shall be increased in the same dollar amount as the dollar amount of the increase in the salary of the county officer, effective at the same time as the effective date in the increase in the salary of the county officer. In the event the salary of two or more county officers is increased during a calendar year, the provisions of this subsection shall apply only to the salary increase which is greatest in dollar amount."

JOURNAL OF THE SENATE
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute,was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
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.
The Senate Committee on County and Urban Affairs offered the following substitute to SB 778:
A BILL
To be entitled an Act to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, approved February 28, 1966 (Ga.L. 1966, p. 24691, as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972,,p. 4002) and an Act approved March 23, 1977 (Ga. L. 1977, p. 4118),so as to change the provisions relating to the compensation of 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 placing the Sheriff of Lumpkin County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 4002) and an Act approved March 23, 1977 (Ga. L. 1977, p. 4118), is amended by striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a)The sheriff shall receive an annual salary of not less than $20,500.00,payable in equal monthly installments from the funds of Lumpkin County.

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252 1

(b)The salary provided in subsection (a1of this Section shall be increased by five percent for each four-year term of office served by the sheriff, figured at the end of each such period of service. Such increase shall not have retroactive effect, except that the current term of the sheriff presently in office shall be counted for determining the appropriate salary under this Section. Provided, however, that the maximum salary received by the sheriff for any calendar year shall not exceed $25,500.00.
(c)As used in this subsection 'county officer' means the clerk of the superior court, judge of the probate court, tax commissioner or Commissioner of Lumpkin County. If at any time after January 1, 1982, the salary of any county officer is increased during a calendar year, either by local law or pursuant to general law, then the salary provided by this Section for the sheriff of Lumpkin County shall be increased in the same dollar amount as the dollar amount of the increase in the salary of the county officer, effective at the same time as the effective date in the increase in the salary of the county officer. In the event the salary of two or more county officers is increased during a calendar year, the provisions of this subsection shall apply only to the salary increase which is greatest in dollar amount."
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 51, nays 0, and the substitute was adopted.

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

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

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

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.

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The Senate Committee on County and Urban Affairs offered the following substitute to SB 779:

A BILL
To be entitled an Act 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, approved April 3, 1972 (Ga. L. 1972, p. 38511, as amended, particularly by an Act approved April 11,1979(Ga.L. 1979,p. 4508), so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 38511, as amended, particularly by an Act approved April 11, 1979 (Ga.L. 1979,p. 45081, is amended by striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The Clerk of the Superior Court of Lumpkin County shall receive an annual salary of not less than $18,000.00, payable in equal monthly installments from the funds of Lumpkin County.
(b]The salary provided in subsection (a)of this Section shall be increased by five percent for each four-year term of office served by the clerk, figured at the end of each such period of service. Such increase shall not have retroactive effect, except that the current term of the clerk presently in office shall be counted for determining the appropriate salary under this Section. Provided, however, that the maximum salary received by the clerk for any calendar year shall not exceed $23,000.00.
(c]As used in this subsection 'county officer' means the sheriff, judge of the probate court, tax commissioner or Commissioner of Lumpkin County. If at any time after January 1, 1982, the salary of any county officer is increased during a calendar year, either by local law or pursuant to general law, then the salary provided by this Section for the clerk of the superior court of Lumpkin County shall be increased in the same dollar amount as the dollar amount of the increase in the salary of the county officer, effective at the same time as the effective date in the increase in the salary of the county officer. In the event the salary of two or more county officers is increased during a calendar year, the provisions of this subsection shall apply only to the salary increase which is greatest in dollar amount."

MONDAY, MARCH 22, 1982
Section 2. Said Act is further amended by striking in its entirety Section 3 and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) The Judge of the Probate Court of Lumpkin County shall receive an annual salary of not less than $18,000.00, payable in equal monthly installments from the funds of Lumpkin County.
(b)The salary provided in subsection (a)of this Section shall be increased by five percent for each four-year term of office served by the judge, figured at the end of each such period of service. Such increase shall not have retroactive effect, except that the current term of the judge presently in office shall be counted for determining the appropriate salary under this Section. Provided, however, that the maximum salary received by the judge for any calendar year shall not exceed $23,000.00.
(c)As used in this subsection 'county officer' means the sheriff, clerk of the superior court, tax commissioner or Commissioner of Lumpkin County. If at any time after January 1, 1982, the salary of any county officer is increased during a calendar year, either by local law or pursuant to general law, then the salary provided by this Section for the Judge of the Probate Court of Lumpkin County shall be increased in the same dollar amount as the dollar amount of the increase in the salary of the county officer, effective at the same time as the effective date in the increase in the salary of the county officer. In the event the salary of two or more county officers is increased during a calendar year, the provisions of this subsection shall apply only to the salary increase which is greatest in dollar amount."
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 51, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

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SB 780. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act creating the Magistrate's Court of Glynn County, as amended, so as to change the compensation of the deputy magistrate.

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

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

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

SB 781. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act relating to public education in Glynn County, and the several Acts amendatory thereof, so as to provide that the Board of Education of Glynn County shall at all times consist of two members elected from each county commissioner district in Glynn County.

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

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

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

HB 1767. By Representatives Phillips of the 125th, Triplett of the 128th, Scott of the 123rdand 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.

The report 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.

MONDAY, MARCH 22, 1982

2525

HB 1781. By Representatives Hooks of the 116th and Castleberry of the 11lth:
A bill to amend an Act providing for the compensation of county commissioners 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.

The report 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 1784. By Representatives Scott of the 123rd, Davis of the 124th, Jones of the 126thand 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 180,000nor more than 190,000according to the United States decennial census of 1970 or any future such census, so as to change the population brackets and census references.

The report 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 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.

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

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

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

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HB 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.

The report 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 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.

The report 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 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.

The report 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 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.

MONDAY, MARCH 22, 1982

2527

The report 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 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 (formerly the Civil and Criminal Court of Troup County), so as to change the compensation of the judge and the solicitor.

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

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

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

HB 1856. By Representative Jackson of the 75th:
A bill to amend an Act creating the Small Claims Court of Walton County, so as to require said court to make a contribution from the fees collected to the board of trustees of the Walton County Law Library.

The report 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 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.

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

On the passage of the bill, the yeas were 51, nays 0 The bill, having received the requisite constitutional majority, was passed

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HB 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 Commissioner of Haralson County.

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

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

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

HB 1897. By Representative Murphy of the 18th:
A bill to amend an Act placing the sheriff and the ordinary (nowprobate 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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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

Allgood 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

Holloway Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson

MONDAY, MARCH 22, 1982

Scott Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Trulock

Those not answering were Senators:

Ballard Garner

Hudgins

Turner Tysinger Walker Wessels
Timmons

Senator McGill of the 24th introduced the chaplain of the day, Reverend Albert Huyck, pastor of the First Baptist Church, Washington, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 373. By Senator Tate of the 38th: A resolution congratulating Reverend Anthony Avery Wagner Motley.
SR 374. By Senator Tate of the 38th: A resolution commending Reverend M. L. Raglin.
SR 375. By Senator Tate of the 38th: A resolution commending Mrs. Mammie Louise Carswell.
SR 376. By Senator Thompson of the 32nd: A resolution commending the Campbell High School Boys Basketball Team.
SR 377. By Senator Turner of the 8th: A resolution commending the Georgia Christian School Basketball Team.
SR 379. By Senator Kennedy of the 4th: A resolution commending Mr. J. 0 .Partain, Jr.
SR 381. By Senator Hudgins of the 15th: A resolution honoring Carlton Johnson.

JOURNAL OF THE SENATE
SENATE RULES CALENDAR
Monday, March 22,1982
THIRTY-SEVENTH LEGISLATIVE DAY
HB 1382. Fire Fighters Standards and Training Council-qualifications for firefighters (PubSaf-28th)
SR 308. CPR Programs-urge for students in grades 9 through 12 (SUBSTITUTE) (Ed-52nd)
HR 707. Bartow County-conveyance of state-owned real property (Pub U-3lst)
HB 1406. Parental Kidnapping-information from Department of Human Resources for locating parent or child (AMENDMENT) (Judy33rd)
Child Support Recovery Act-include child and spousal support (SUBSTITUTE)(Judy-33rd)
Military Facilities Timber Sale Proceeds-expenditure (Gov Op25th)
Alcohol Abuse Study Committee-create (Rules-32nd)
Upper Savannah River Development Authority-create (SUBSTITUTE)(AMENDMENTS)(NREQ-47th)
Workers' Compensation-income benefits for total disability (SUBSTITUTE) (IL&Tou-28th)
State Contracts-waive sovereign immunity on action in connection with (AMENDMENT)(Judy-33rd)
Ad Valorem School Tax-authorize prepayment (BF&I-2nd)
Farmers' Mutual Fire Insurance Companies-geographic limitations (BF&I-16th)
Tax Returns-change time to submit (SUBSTITUTE)(BF&I-49th)
HB 1719. Cordele and Rome Judicial Circuit-accurately reflect number of superior courts (Judy-33rd)
HB 1270. Safe Dams Act-which spillways shall comply (AMENDMENT) (NREQ-20th)
HB 485. Nonprofit Medical and Hospital Service Corporationsinvestments (SUBSTITUTE)(BF&I-15th)
HB 634. Housing Authority Law-delete certain references to Housing Authority Board (SUBSTITUTE)(C&UA-G-37th)
HB 1776. Jury Commissioners-compensation (SJudy-6th)
SR 364. Georgia Railroad Freight Depot-urge use as state museum (IL&Tou-4lst)
SR 344. Senate Study Committee on Suspension and Discipline in Schoolscreate (Ed-15th)

MONDAY, MARCH 22, 1982

253 1

Supreme Court and Court of Appeals-court report (Judy-33rd)
Georgia Physical Therapy Act-designate powers of board (Hum R-42nd)
Fire Safety Standards Act-change effective date (PubSaf-28th)
Affidavits of Indigence-court may inquire into the truth (AMENDMENT) (SJudy-23rd)
Code of Georgia-amend Title 9, 12 and 16 (AMENDMENT) (Judy-33rd)
Game and Fish-body-gripping trap over 9% inches square only in and around water (NREQ-19th)
Environmental Facilities Study Commission-create (NREQ-44th)
Interest on Executions for Municipal Taxes-change provisions (BF&I- 14th)
Insurers-invest in bonds and notes secured by mortgage (AMENDMENT) (BF&I-23rd)
Summons-defendant served by posting copy of summons on door (Judy-5th)
Property Ad Valorem Tax-application for exemption (AMENDMENT) (BF&I-43rd)
Respectfully submitted,
Is1 Frank Eldridge,Jr. Eldridge of the 7th, Chairman Senate Rules Committee

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

HB 1382. By Representative McDonald of the 12th:
A bill to amend a n Act establishing the Georgia Fire Fighters Standards and Training Council, so as to change the provisions relating to qualifications for firefighters; 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.

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JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was a s 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 Hudgins Kennedy Kidd Land

Lester Littlefield McGill Reynolds Scott Starr Stephens Stumbaugh Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen Fincher of 54th Holloway

Hudson McKenzie Robinson

Summers Thompson

On the passage of the bill, the yeas were 48, 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 substitute, by the requisite constitutional majority the following bills 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 conditions; to provide that life imprisonment without parole shall not be imposed unless at least one statutory aggravating circumstance is found by the jury; to amend the Official Code of Georgia Annotated accordingly.

MONDAY, MARCH 22, 1982

2533

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 collec ting municipal taxes; to provide for other matters relative to the forego ing; to amend the Official Code of Georgia Annotated accordingly.

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

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.

The following resolution of the Senate was read and adopted:

SR 383. By Senator Kidd of the 25th: A resolution commending Miss Daphne Densmore.

Senator Kidd of the 25th introduced Miss Daphne Densmore to the Senate.

The following local bills of the Senate were taken up for the purpose of con sidering the House substitutes thereto:

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.

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The House substitute to SB 692 was as follows:

A BILL
To be entitled an Act to amend an Act placing the Sheriff of Glynn County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4457) and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3351), so as to change the provisions relating to the compensation of the sheriff and deputies and other personnel of the sheriff; to change the pro visions relating to automobiles and other expenses for the sheriff's office; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the sheriff of Glynn County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, par ticularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4457) and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3351), is amended by strik ing Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The sheriff shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge the official duties of his office efficiently and effectively. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the gover ning authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion.
(b) In addition to the personnel authorized above, the sheriff shall be authorized to provide for such additional facilities and personnel needed for the purpose of implementing any statutory or courtordered requirement relating to prisoners in Glynn County, including but not limited to such requirements concerning recreation or fresh air for such prisoners and concerning the feeding of such prisoners; provided that such additional facilities and personnel shall be paid for out of county funds."
Section 2. Said Act is further amended by striking subsections (1) and (2) of Section 2A in their entirety and substituting in lieu thereof new subsections (1) and (2) to read as follows:
"(1) Beginning July 1, 1982, the sheriff shall receive an annual base salary of $27,563.00, payable in equal monthly installments from the funds of Glynn County.

MONDAY, MARCH 22, 1982

2535

(2) The salary of the sheriff shall be increased by 5 percent per each four-year term of office served by said sheriff, figured at the end of each such period of service. Such increase shall not have a retroac tive effect, except that the current term of the sheriff presently in of fice shall be counted for determining the appropriate salary under this Section."
Section 3. Said Act is further amended by striking Section 2C in its entirety and substituting in lieu thereof a new Section 2C to read as follows:
"Section 2C. (1) Until automobiles are furnished for the sheriff and his deputies pursuant to paragraph (2) of this section, the sheriff and each of his deputies, except the chief deputy, shall receive month ly from county funds a car allowance of $275.00 per month and a mileage allowance of 22 per mile on all official trips outside of Glynn County or the State of Georgia.
(2) By not later than July 1, 1985, the governing authority of Glynn County shall provide police equipped automobiles for the sheriff and deputies, and all expenses connected with such automobiles shall be paid from county funds. Neither the car allowance nor mileage allowance provided for by paragraph (1) of this section shall apply to the sheriff or any deputy who is furnished an automobile as provided herein.
(3) The sheriff and deputies shall be furnished necessary guards for safety when transporting prisoner and mental patients, and the guards shall be paid at the rate of bailiff's per diem. All necessary ex penses including room and meals shall be paid by the governing authority out of funds of Glynn County.
(4) The governing authority of Glynn County may furnish uniforms for the sheriff and his personnel, the cost of which shall be paid from county funds."
Section 4. This Act shall become effective July 1, 1982.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Littlefield of the 6th moved that the Senate agree to the House substitute to SB 692 as amended by the following amendment:
Amend the House substitute to SB 692 by adding after the word "of fice" on line 3 of Page 2 the following:
", except that the sheriff may annually without the approval of the county governing authority grant to such personnel a cost-of-living increase not to exceed the amount of the most recent annual cost-ofliving increase granted to the employees of the county governing authority".

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By striking all matter on lines 11 through 19 of Page 3 and inserting in lieu thereof the following:
"(2) The governing authority of Glynn County shall provide for the sheriff and his deputies at least 6 police equipped automobiles by December 31, 1982, and at least 6 additional police equipped automobiles by December 31, 1983. All expenses connected with such automobiles shall be paid from county funds. Neither the car allowance nor mileage allowance provided for by paragraph (1) of this section shall apply to the sheriff or any deputy who is furnished an automobile as provided herein."
By striking from line 25 of Page 3 the word "may" and inserting in lieu thereof the word ''shall''.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 692 as amended by the Senate.

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 House substitute to SB 653 was as follows:

A BILL
To be entitled an Act to amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended, so as to change the provisions relating to the compensation of the clerk; to change the provi sions relative to the clerk's personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), 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. Beginning July 1, 1982, the clerk of superior court shall receive an annual base salary of $27,563.00, payable in equal monthly installments from Glynn County funds; provided, however, under no circumstances shall the annual base salary of said clerk be less than the annual base salary of the sheriff of Glynn County. The clerk's salary shall be increased by 5 percent per each four-year term of office served by said clerk, figured at the end of each such period of

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service. Such increase shall not have a retroactive effect, except that the current term of the clerk presently in office shall be counted for determining the appropriate salary under this Section."
Section 2. Said Act is further amended by striking subsection (a) of Section 5 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The clerk of the superior court shall have the authority to ap point such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge the official duties of his office efficiently and effectively. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the clerk, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion."
Section 3. This Act shall become effective July 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Littlefield of the 6th moved that the Senate agree to the House substitute to SB 653 as amended by the following amendment:

Amend the House substitute to SB 653 by striking Section 2 and in serting in lieu thereof the following:
"Section 2. Said Act is further amended by striking paragraph (2) of subsection (a) of Section 5 in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
'(2) The base annual salary of the persons employed by the clerk shall be fixed by the clerk within the following amounts:
chief deputy ...................... $15,500.00 to $19,500.00
12 deputy clerks ...................$ 8,500.00 to $14,980.00
The salaries of such personnel and their maximum salaries may be increased annually by the clerk of superior court by a percentage factor not to exceed the amount of the most recent annual cost-ofliving increase granted to employees of the Glynn County governing authority. The clerk may also hire any additional personnel required to be hired by order of the Superior Court of Glynn County.' ''

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On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 653 as amended by the Senate.

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

SR 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.

The Senate Committee on Education offered the following substitute to SR 308:

A RESOLUTION
Commending the State Department of Education for establishing cardiopulmonary resuscitation (CPR) programs for students in grades nine through twelve; and for other purposes.
WHEREAS, national medical reports indicate that the incidence of heart disease and cardiopulmonary failure has increased among the adult and young adult population; and
WHEREAS, health statistics report 750,000 fatalities from cardiac ar rest occurred nationally in 1981, with one-half of those persons dying before they reached the hospital; and medical professionals forecast that one-half of these fatalities could have been avoided had car diopulmonary resuscitation been rendered immediately; and
WHEREAS, the speed with which CPR is initiated is directly cor related to the likelihood of revival and the quality of brain function of the victim by reducing the incidence of anoxia; and
WHEREAS, national research specialists report that if CPR is begun in less than one minute following cardiac arrest, the victim has a 68 per cent chance of survival and that a victim's chance of survival triples if the incident occurs in a public place since the potential for CPR to be properly administered by a trained lay person is greatly enhanced; and
WHEREAS, the importance of expanding the existing programs in structing persons in the administration of CPR has been sufficiently documented.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body hereby commends the State Department of Education for establishing cardiopulmonary resuscitation programs for students in grades nine through twelve in an effort to expand the base number of lay persons properly trained in this critical health care technique and thereby reduce the incidence of cardiac fatalities in Georgia.

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2539

BE IT FURTHER RESOLVED that this body hereby urges each local school system to implement this lifesaving program and to use the Health Education Curriculum Guide prepared by the State Department of Education.

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 adoption of the resolu tion by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Brannon Brantley Brown of 47th Bryant Cobb Coleman Dean Eldridge English Engram

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

Those not voting were Senators:

Barker Bowen Broun of 46th Coverdell

Deal Greene Holloway McKenzie

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

On the adoption of the resolution, the yeas were 45, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

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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.
Senate Sponsor: Senator Dean of the 31st.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Cobb Coverdell Fincher of 52nd

Greene Littlefield

McKenzie Scott

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

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2541

HB 1406. By Representatives Snow of the 1 st, 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.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1406 by striking from line 23 of Page 1 and from line 12 of Page 2 the following:
"making or".

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 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

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Coverdell Land

Lester Scott

Timmons Trulock

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

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.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following substitute to HB 1408:

A BILL
To be entitled an Act to amend an Act known as the "Child Support Recovery Act," approved March 28, 1973 (Ga. L. 1973, p. 192), as amended, particularly by an Act approved April 7, 1976 (Ga. L. 1976, p. 1537), so as to provide that individuals who do not receive public assistance and apply to the Department of Human Resources for services under this Act will be deemed to have made an assignment to the depart ment of their support rights; to provide that the child support receiver shall remit support payments to the Department of Human Resources upon proper certification by the department; to provide that all officials collecting support payments shall remit these payments to the Depart ment of Human Resources upon the department's certification that an application for enforcement of support has been properly filed; to amend the Official Code of Georgia Annotated accordingly; to provide for effec tive dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act known as the "Child Support Recovery Act," ap proved March 28, 1973 (Ga. L. 1973, p. 192), as amended, particularly by

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an Act approved April 7, 1976 (Ga. L. 1976, p. 1537), is amended by strik ing Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. Acceptance of Public Assistance Operates As An Assignment, (a) By accepting public assistance for or on behalf of a child or children, the recipient shall be deemed to have made an assignment to the Department of the right to any child support owed for the child. The Department shall be subrogated to the right of the child or children or the person having custody to initiate any support action existing under the laws of this State and to recover any payments ordered by the courts of this or any other state. Amounts collected by the Department shall be distributed and deposited by the Department in conformity with law.
(b) Whenever a family for whom child support payments have been collected and distributed under this Act ceases to receive public assistance, the Department may continue to collect such support payments from the absent parent in accordance with standards prescribed pursuant to the Federal Social Security Act.
(c) The Department may accept applications for child support en forcement services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the Department shall constitute an assignment of the right to support to the Department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the Federal Social Security Act."
Section 3. Said Act is further amended by striking Section 7 in its en tirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. Duty of Department to Obtain Support, (a) Whenever the Department receives an application for public assistance on behalf of a child and it shall appear that the child has been abandoned by one or both parents, or that the responsible parent has failed to provide support to the child, it is the Department's responsibility to take ap propriate action under this Act, the child support statutes or other ap propriate State and federal statutes to assure that the responsible parent supports the child.
(b) The Department may accept applications for child support en forcement services from a custodian of a minor child who is not a recipient of public assistance and may take appropriate action under this Act, the child support statutes or other State and federal statutes to assure that the responsible parent supports said child. The Depart ment may provide that a reasonable application fee be charged each individual who applies for services under this subsection."
Section 3. Said Act is further amended by striking Section 16 in its entirety and inserting in lieu thereof a new Section 16 to read as follows:
"Section 16. Payment of Support. Payment of support pursuant to administrative determination or voluntary agreement shall be made to the Department. In non-AFDC cases, where the Department deems

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it appropriate, it may authorize distribution of the actual payment by other individuals, agencies, or entities and utilize certification schedules reflecting such payments or distributions which the Depart ment requires, in accordance with the Federal Social Security Act, as amended. Child support ordered by a court pursuant to a divorce decree or in any other proceeding in which the responsible parent is required to pay support for his child or children, whether such pro ceeding is civil or criminal, shall be paid by the responsible parent, the clerk of court, probation officer, child support receiver, or similar official collecting support to the Department upon the Department's certification that the child is a recipient of public assistance or upon the Department's certification that an application has been filed with the Department for enforcement of support in accordance with the provisions of the Federal Social Security Act."
Part 2
Section 4. Said chapter is further amended by striking Code Section 19-11-6 in its entirety and inserting in lieu thereof a new Code Section 19-11-6 to read as follows:
"19-11-6. (a) By accepting public assistance for or on behalf of a child or children, the recipient shall be deemed to have made an assignment to the department of the right to any child support owed for the child. The department shall be subrogated to the right of the child or children or the person having custody to initiate any support action existing under the laws of this state and to recover any payments ordered by the courts of this or any other state. Amounts collected by the department shall be distributed and deposited by the department in conformity with law.
(b) Whenever a family for whom child support payments have been collected and distributed under this article ceases to receive public assistance, the department may continue to collect such sup port payments from the absent parent in accordance with standards prescribed pursuant to the federal Social Security Act.
(c) The department may accept applications for child support en forcement services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the department shall constitute an assignment of the right to support to the department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the federal Social Security Act."
Section 5. Said chapter is further amended by striking Code Section 19-11-8 in its entirety and inserting in lieu thereof a new Code Section 19-11-8 to read as follows:
"19-11-8. (a) Whenever the department receives an application for public assistance on behalf of a child and it appears that the child has been abandoned by one or both parents or that the responsible parent has failed to provide support to the child, it is the department's

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responsibility to take appropriate action under this article, the child support statutes, or other appropriate state and federal statutes to assure that the responsible parent supports the child.
(b) The department may accept applications for child support en forcement services from a custodian of a minor child who is not a recipient of public assistance and may take appropriate action under this article, the child support statutes, or other state and federal statutes to assure that the responsible parent supports the child. The department may provide that a reasonable application fee be charged each individual who applies for services under this subsection."
Section 6. Said chapter is further amended by striking Code Section 19-11-21 in its entirety and inserting in lieu thereof a new Code Section 19-11-21 to read as follows:
"19-11-21. Payment of support pursuant to an administrative determination or a voluntary agreement shall be made to the depart ment. In non-AFDC cases, where the department deems it ap propriate, it may authorize distribution of the actual payment by other individuals, agencies, or entities and utilize certification schedules reflecting such payments or distributions which the department re quires, in accordance with the federal Social Security Act, as amend ed. Child support which is ordered by a court pursuant to a divorce decree or in any other proceeding in which the responsible parent is required to pay support for his child or children, whether the pro ceeding is civil or criminal, shall be paid by the responsible parent, the clerk of court, the probation officer, the child support receiver, or a similar official who is collecting support to the department upon the department's certification that the child is a recipient of public assistance or upon the department's certification that an application has been filed with the department for enforcement of support in ac cordance with the provisions of the federal Social Security Act."
Part 3
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 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.

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

Those voting in the affirmative were Senators:

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

English Engram Evans Fincher of 54th Foster Garner Gillis Hill Horton Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Starr Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Ty singer Walker Wessels

Those not voting were Senators:

Bowen Coverdell Fincher of 52nd Greene

Holloway (presiding) Howard Hudson

Scott Stephens Summers

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.

MONDAY, MARCH 22, 1982 The House substitute to SB 550 was as follows:

2547

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 change the provisions relating to allocation of single-family residential housing bonds; 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. 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

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(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

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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 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 finds 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

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(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 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."

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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, which reads as follows:
"(g) 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 the Urban Residential Finance Authorities according to the following formula:
(1) 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, except as other wise provided by paragraph (2) hereof for calendar year 1981;
(2) Subject to the limitations of Section 8 of the Urban Residential Finance Authority Act (Ga. Laws 1979, p. 4662), as now or hereafter amended, all of the urban residential finance authorities created by said Urban Residential Finance Authority Act 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, ex cept that in calendar year 1981 such urban residential finance authorities may issue single family residential housing bonds in a combined amount not exceeding $50,000,000.00;
(3) If by September 1 of each calendar year the urban residential finance authorities have not issued or have not indicated an intent to issue the maximum amount of single family residential housing bonds authorized in paragraph (2), the Georgia Residential Finance Authori ty is 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 urban residential finance authorities. Indica tion of an intent to issue bonds shall be by official board action of the urban residential finance authority and by the provision of written notification thereof to the Georgia State Financing and Investment Commission.",
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 Finance Authorities Act for Large Municipalities,' approv ed April 18, 1979 (Ga. L. 1979, p. 4662), as amended; and 'housing authority' means an authority created pursuant to the 'Housing Authorities Law,' approved March 30, 1937 (Ga. L. 1937, p. 210), as amended.

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(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, urban residential finance authorities, and housing authorities as provided in this subsection.
(3) (A) Subject to the limitations of subsection (a) of Section 9 of this Act, the Georgia Residential Finance Authority may issue single family residential housing bonds for any calendar year in an amount not to exceed 70% of the 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 an amount not to exceed 15% of the state ceiling for that year.
(C) Subject to the limitations provided by the laws applicable to such authorities, all of the housing authorities may issue single family residential housing bonds for any calendar year in an amount not to exceed 15% of the state ceiling for that year.
(4) Each housing authority wishing to participate in the allocation specified in subparagraph (C) of paragraph (3) of this subsection shall submit to the executive director of the Georgia Residential Finance Authority:
(A) A resolution adopted by the board of directors of the housing authority stating the need and the intention of the authority to issue bonds for single family residential units and stating the amount of the bond issue requested; and
(B) A duplicate original of a signed agreement between the hous ing authority and a proposed underwriter or purchaser of the bonds evidencing the underwriter's or purchaser's intention to buy the bonds.
(5) Upon the receipt of the material specified in paragraph (4) of this subsection, the Georgia Residential Finance Authority shall com mit to the housing authority which submitted the material the amount of the bonds requested from the allocation specified in subparagraph (C) of paragraph (3) of this subsection. Such commitment shall be binding for 120 days following the receipt by the Georgia Residential Finance Authority of the material specified in paragraph (4) of this subsection.
(6) If a housing authority which requested a bond issue under paragraph (4) of this subsection fails to sell the bonds within the 120 day period specified in paragraph (5) of this subsection, the commit ment made under said paragraph (5) shall be null and void. If the bonds are sold by the housing authority, the authority shall notify the executive director of the Georgia Residential Finance Authority, and the allocation for housing authorities shall be reduced by the amount of the bonds sold.

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(7) Any unused portion of any allocation amount not committed for bond sale by September 1 of each calendar year shall be made available after that date to any authority specified in subparagraphs (A), (B), and (C) of paragraph (3) of this subsection; but any bond sale approved after September 1 shall be subject to the procedures specified in paragraph (4) of this subsection.
(8) When the total amount of an allocation has been committed for bond sale, the executive director of the Georgia Residential Finance Authority shall notify the authorities affected by such allocation."
Parts
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:
(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.

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(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."
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 further 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.

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(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;
(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 a 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

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(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.
(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), which reads as follows:
"(g) 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 the urban residential finance authorities according to the following formula:
(1) 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

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not to exceed 85 percent of the state ceiling for that year, except as otherwise provided by paragraph (2) of this subsection for calendar year 1981;
(2) Subject to the limitations of Section 8 of the 'Urban Residential Finance Authority Act for Large Municipalities' (Ga. L. 1979, p. 4662), as now or hereafter amended, all of the urban residential finance authorities created by said 'Urban Residential Finance Authority Act' may issue single-family residential housing bonds for any calendar year in a combined amount to exceed 15 percent of the state ceiling for that year, except that in calendar year 1981 such urban residential finance authorities may issue single-family residential housing bonds in a combined amount not exceeding $50 million;
(3) If by September 1 of each calendar year the urban residential finance authorities have not issued or have not indicated an intent to issue the maximum amount of single-family residential housing bonds authorized in paragraph (2) of this subsection, the Georgia Residential Finance Authority is further authorized to issue additional singlefamily residential housing bonds in an amount equal to the unused portion of the state ceiling authorized for the urban residential finance authorities. Indication of an intent to issue bonds shall be by official board action of the urban residential finance authority and by the pro vision of written notification thereof to the Georgia State Financing and Investment Commission.",
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 Finance Authorities Act for Large Municipalities,' approv ed April 18, 1979 (Ga. L. 1979, p. 4662), as amended; and 'housing authority' means an 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, urban residential finance authorities, and housing authorities as provided in this subsection.
(3) (A) Subject to the limitations of Code Section 8-3-180, the Georgia Residential Finance Authority may issue single-family residential housing bonds for any calendar year in an amount not to exceed 70 percent of the 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 an amount not to exceed 15 percent of the state ceiling for that year.
(C) Subject to the limitations provided by the laws applicable to such authorities, all of the housing authorities may issue single-family residential housing bonds for any calendar year in an amount not to exceed 15 percent of the state ceiling for that year.

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(4) Each housing authority wishing to participate in the allocation specified in subparagraph (C) of paragraph (3) of this subsection shall submit to the executive director of the Georgia Residential Finance Authority:
(A) A resolution adopted by the board of directors of the housing authority stating the need and the intention of the authority to issue bonds for single-family residential units and stating the amount of the bond issue requested; and
(B) A duplicate original of a signed agreement between the hous ing authority and a proposed underwriter or purchaser of the bonds evidencing the underwriter's or purchaser's intention to buy the bonds.
(5) Upon the receipt of the material specified in paragraph (4) of this subsection, the Georgia Residential Finance Authority shall com mit to the housing authority which submitted the material the amount of the bonds requested from the allocation specified in subparagraph (C) of paragraph (3) of this subsection. Such commitment shall be binding for 120 days following the receipt by the Georgia Residential Finance Authority of the material specified in paragraph (4) of this subsection.
(6) If a housing authority which requested a bond issue under paragraph (4) of this subsection fails to sell the bonds within the 120 day period specified in paragraph (5) of this subsection, the commit ment made under said paragraph (5) shall be null and void. If the bonds are sold by the housing authority, the authority shall notify the executive director of the Georgia Residential Finance Authority and the allocation for housing authorities shall be reduced by the amount of the bonds sold.
(7) Any unused portion of any allocation amount not committed for bond sale by September 1 of each calendar year shall be made available after that date to any authority specified in subparagraphs (A), (B), and (C) of paragraph (3) of this subsection; but any bond sale approved after September 1 shall be subject to the procedures specified in paragraph (4) of this subsection.
(8) When the total amount of an allocation has been committed for bond sale, the executive director of the Georgia Residential Finance Authority shall notify the authorities affected by such allocation."
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.

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

Senator Littlefield of the 6th moved that the Senate agree to the House substitute to SB 550.

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

Littlefield McGill Reynolds Robinson Scott Starr Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell English Evans Greene

Holloway (presiding) Horton Hudson McKenzie

Stephens Stumbaugh Summers Trulock

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to House substitute to SB 550.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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 or proceeds from timber sales from military installa tions and military facilities of the United States; to amend the Offical Code of Georgia Annotated accordingly.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

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

Dean Eldridge English Engram Evans Fincher of 54th Foster Gillis Hill Howard Hudgins Kennedy Kidd Land Lester McGill

Those not voting were Senators:

Fincher of 52nd Garner Greene

Holloway (presiding) Horton Hudson

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

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

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

The following resolution of the Senate, favorably reported by the committee, read the third time and adopted on March 15 and reconsidered on March 16, was put upon its adoption:

SR 336. By Senator Thompson of the 32nd: A resolution creating the Alcohol Abuse Study Committee.

Senator Ballard of the 45th offered the following amendment:

Amend SR 336 by striking on Page 1, line 21, the word "three" and inserting in lieu thereof the word "seven".

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On the adoption of the amendment, the yeas were 29, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brantley Bryant Coleman

English Evans Gillis

Holloway (presiding) Hudgins Tate

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

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The following general bill of the House, having been passed on March 15 and reconsidered March 16, was put upon it passage:

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.
Senate Sponsor: Senator Brown of the 47th.

The following substitute to HB 1401 offered by the Senate Committee on Natural Resources and Environmental Quality was adopted on March 15 as amend ed by the amendment offered by Senator Brown of the 47th as follows:
A BILL
To be entitled an Act to create the Upper Savannah River Develop ment Authority and to authorize such authority to acquire, construct, equip, maintain, and operate on public property boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreational centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gym nasiums; auditoriums; and related buildings; and the usual and conve nient facilities pertaining to such undertakings and extensions and im provements of such facilities, acquiring parking facilities and parking areas in connection therewith and acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the recrea tional facilities, to execute leases of such facilities, to convey title to real property in fee simple of the authority, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority, including, but not limited to, earnings derived from leases and income from conveyances of real property of the authority; to pay the cost of such undertakings; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations; to authorize the execution of trust indentures to secure the payment thereof; and to define the rights of the holders of such bonds or obligations; to provide that no debt of Elbert or Hart County shall be in curred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to pro vide that such bonds or obligations be validated as authorized by the Revenue Bond Law; to provide for certain tax exemptions; to provide for conflicts of interest of officers and employees of the authority; to amend

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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:
Section 1. Short title. This Act may be cited as the "Upper Savannah River Development Authority Act."
Section 2. Upper Savannah River Development Authority, (a) There is created a body corporate and politic to be known as the Upper Savan nah River Development Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and de fend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act.
(b) The authority shall consist of seven members as follows: the Secretary of State, the commissioner of natural resources, and five members appointed by the Governor as follows: three members from a list of five names submitted by the governing authority of Elbert County and two members from a list of five names submitted by the governing authority of Hart County. Each appointment shall be for a term of four years and until his successor is appointed and qualified.
(c) The members of the authority shall elect one of their members as chairman and another as vice-chairman. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person.
(d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so.
(e) Any four members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this Act. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid.
(f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed for actual expenses, in cluding travel and any other expenses, incurred while in the perfor mance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services.

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(g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings:
(1) The word "authority" shall mean the Upper Savannah River Development Authority created in Section 2 of this Act.
(2) The word "project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation on public property of boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreation centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and im provements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and personal; and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable.
(3) The term "cost of the project" shall embrace the cost of con struction; the cost of all lands, properties, rights, easements, and fran chises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment; financing charges; interest prior to and during con struction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, plans, and specifications; other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the fi nancing herein authorized, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(4) The terms "revenue bonds," "bonds," and "obligations" shall mean revenue bonds as defined and provided for in the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amend ed, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act.

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(5) Any project shall be deemed "self-liquidating" if, in the judg ment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in con nection therewith will be sufficient to pay the cost of operating, main taining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
(6) The word "public property" shall mean any public property adjacent to Richard B. Russell Lake.
Section 4. Powers. The authority shall have powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and per sonal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority, subject to the provisions of Sec tion 26. No property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in Elbert or Hart County or in any municipality incorporated in said counties, the governing authori ty or body of any of said counties or of any of said municipalities is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said counties or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the chairman of the authority;
(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction ex perts; fiscal agents; and attorneys, and fix their respective compensa tions;
(5) 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-

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ects which it causes to be erected or acquired, and to dispose by con veyance of its title in fee simple of real and personal property of every kind and character, subject to the provisions of Section 26. Any and all persons, firms and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem ad visable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or depart ment thereof, and with the United States government or any agency or department thereof. The authority is specifically authorized to con vey title, in fee simple, to any and all of its lands and any im provements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof, subject to the rights and in terests of the holders of any of the bonds or obligations authorized to be issued hereunder, by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in Section 17 of this Act;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof;
(7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or in strumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(8) To accept loans or grants of money or materials or property of any kind from any political subdivision of the state, upon such terms and conditions as such political subdivision may impose; provided, however, that said authority shall not accept loans or grants of money from the State of Georgia or any agency thereof;
(9) To borrow money for any of its corporate purposes and to ex ecute evidences of such indebtedness and to secure the same, 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; but in no event shall revenue bonds be an obligation of Elbert or Hart County;
(10) 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;

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(11) The authority and the trustee acting under the trust indenture are specifically authorized from time to time to sell, lease, grant, ex change, or otherwise dispose of any surplus property, both real or per sonal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in Section 17 hereof;
(12) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions for a period of time not to exceed ten years and to execute evidences of such indebtedness and to secure the same;
(13) To serve as an agency in managing, developing, and leasing property received or leased from the United States of America; and
(14) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Revenue bonds. The authority, or any authority or body which has succeeded or which may in the future succeed to the powers, duties, and liabilities vested in the authority, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost, as defined herein, of any one project or a combina tion of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Section 16 for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformi ty with the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended; and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.
Section 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any in terest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of prin cipal and interest thereof which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
Section 7. Same; signatures; seal. All such bonds shall be signed by the chairman of the authority and attested by the secretary and treasurer of the authority, the official seal of the authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary and treasurer of the authority. Any coupon

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may bear the facsimile signatures of such persons; and any bond may be signed, sealed, and attested on behalf of the authority by such persons as, at the actual time of the execution of such bonds, shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose fac simile signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery.
Section 8. Negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose, and the said bonds and the income thereof shall be exempt from all taxation within the state.
Section 9. Same; sale; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be in the best in terest 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.
Section 10. 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.
Section 11. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost.
Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. Any resolution pro viding for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
Section 13. Credit not pledged. Revenue bonds issued under the pro visions of this Act shall not be deemed to constitute a debt of Elbert County or Hart County nor a pledge of the faith and credit of any of said counties; but such bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate any of said counties to levy or to pledge any form of taxation whatever therefor or to make any ap propriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

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Section 14. Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust in denture by and between the authority and a corporate trustee which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, rents, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust in denture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and application of all moneys, in cluding the proceeds derived from the sale of property of the authority, both real and personal; and may also provide that any project shall be constructed and paid for under the supervision and approval of con sulting engineers or architects employed or designated by the authority; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish 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 ad dition to the foregoing, such trust indenture may contain such other pro visions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust in denture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 15. To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust 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 this Act and such resolution or trust indenture may provide.
Section 16. Sinking fund. The revenues, rents, fees, tolls, and earn ings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, and any moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide. Such funds so pledg ed, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular in-

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tervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) Any premium upon bonds acquired by the redemption, pay ment, or otherwise;
(4) The necessary charges of the paying agent or agents for paying principal and interest; and
(5) Any investment fees or charges.
The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may other wise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provi sions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so pur chased or redeemed shall forthwith be cancelled and shall not be reissued, printed, and delivered.
Section 17. Remedies of bondholders. Except to the extent the rights given in this section may be restricted by resolution passed before the is suance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this Act or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties re quired by this Act, or by such resolution or trust indenture, to be per formed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the authority may possess against the state or any department, agency, or in stitution of the state and, in the pursuit of his or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof

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against any property owner of the state, nor shall any such bond con stitute a charge, lien, or encumbrance, legal or equitable, upon the prop erty of the state.
Section 18. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be ap plicable.
Section 19. 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 Elbert County or Hart County; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in one of said courts which shall have exclusive, original jurisdiction of such actions.
Section 20. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to same, 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 the state or such municipality, county, authority, political subdivi sion, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be deter mined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Upper Savannah River Development Authority.
Section 21. Interest on bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds; nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

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Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds; as grants or other contributions; or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 23. Purpose of the authority. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreational centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith and acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the authority to be necessary, convenient, or desirable for an incident to the efficient and proper development and operation of such types of undertakings.
Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and revise from time to time rates, rents, fees, tolls, and charges, and to collect such rates, rents, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, bet terments, or extensions thereto thereafter made or the sale of any of its lands and facilities.
Section 25. Rules and regulations for operations 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 of this Act, including the basis on which recreational facilities shall be fur nished.
Section 26. (a) All meetings of the authority shall be opened to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authori ty. The minutes of all meetings and all actions taken by the authority shall likewise be opened to public inspection.
(b) Each purchase made in behalf of the authority of personal proper ty or services in excess of $1,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official

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organs of Elbert and Hart counties prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority.
(c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organs of Elbert and Hart counties. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority.
(d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm. A synopsis of the audit shall be published in the official organs of Elbert and Hart counties as soon as the report of the auditors is submitted to the authority.
(e) All funds of the authority which are not required for the normal operations of the authority shall be invested in interest-bearing in vestments within 30 days of their receipt by the authority.
Section 27. Powers declared supplemental and additional. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act. The state covenants with the holders of the bonds that the authority shall be re quired to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervi sion, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. Further, this state convenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption provided in this section shall not include any exemption from sales and use tax on proper ty purchased by the authority or.for use by the authority.
Section 28. (a) Every member of the authority and every employee of the authority who knowingly has any interest direct or indirect in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority.
(b) Provisions of the Act of the General Assembly approved March 10, 1964 (Ga. L. 1964, p. 261), as amended, regulating the conduct of of ficers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be ap plicable to the conduct of members, officers, employees, and agents of the authority.

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(c) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) hereof, or a violation of the Act of the General Assembly approved March 10, 1964 (Ga. L. 1964, p. 261), as amended, or a violation of any other provision of law applicable to the authority, its members, officers, or employees regulating conflicts of interest shall be voidable by the authority.
Part 2
Section 29. Chapter 3 of Title 12 of the Official Code of Georgia An notated, relating to parks and authorities, is amended by adding im mediately following Part 5 a new part, to be designated Part 6, to read as follows:
"Part 6
12-3-400. This part may be cited as the 'Upper Savannah River Development Authority Act.'
12-3-401. (a) There is created a body corporate and politic to be known as the Upper Savannah River Development Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title. 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, ex cept that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the of ficers, agents, and employees. The authority is granted the same ex emptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this part.
(b) The authority shall consist of seven members as follows: the Secretary of State, the commissioner of natural resources, and five members appointed by the Governor as follows: three members from a list of five names submitted by the governing authority of Elbert County and two members from a list of five names submitted by the governing authority of Hart County. Each appointment shall be for a term of four years and until his successor is appointed and qualified.
(c) The members of the authority shall elect one of their members as chairman and another as vice-chairman. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person.
(d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so.
(e) Any four members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this part.

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However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid.
(f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed for actual ex penses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services.
(g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
12-3-402. (a) As used in this part, the term:
(1) 'Authority' means the Upper Savannah River Development Authority created in Code Section 12-3-401.
(2) 'Cost of the project' means and embraces the cost of construc tion; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authori ty's title thereto and leases thereof; the cost of all machinery and equipment; financing charges; interest prior to and during construc tion and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, plans, and specifications; other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the fi nancing herein authorized, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this part for such project.
(3) 'Project' means and includes the acquisition, construction, equipping, maintenance, and operation on public property of boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recrea tion centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertak ings and extensions and improvements of such facilities; the acquisi tion of parking facilities or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and personal; and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, conve nient, or desirable.
(4) 'Public property' means any public property adjacent to Richard B. Russell Lake.

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(5) 'Revenue bonds,' 'bonds,' and 'obligations' mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 and such type of obligations may be issued by the authority as authorized under said Article 3 and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this part.
(b) Any project shall be deemed 'self-liquidating' if, in the judg ment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in con nection therewith will be sufficient to pay the cost of operating, main taining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
12-3-403. The authority shall have powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and per sonal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority, subject to the provisions of Code Section 12-3-425. No property shall be acquired under the provisions of this part upon which any lien or other encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or en cumbrance. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in Elbert or Hart County or in any municipality incorporated in said counties, the governing authori ty or body of any of said counties or of any of said municipalities is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said counties or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the chairman of the authority;
(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction ex perts; fiscal agents; and attorneys, and fix their respective compensa tions;

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(5) 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 dispose by con veyance of its title in fee simple of real and personal property of every kind and character, subject to the provisions of Code Section 12-3-425. Any and all persons, firms and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem ad visable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or depart ment thereof, and with the United States government or any agency or department thereof. The authority is specifically authorized to con vey title, in fee simple, to any and all of its lands and any im provements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof, subject to the rights and in terests of the holders of any of the bonds or obligations authorized to be issued hereunder, by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in Code Section 12-3-416;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof;
(7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or in strumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(8) To accept loans or grants of money or materials or property of any kind from any political subdivision of the state, upon such terms and conditions as such political subdivision may impose; provided, however, that said authority shall not accept loans or grants of money from the State of Georgia or any agency thereof;
(9) To borrow money for any of its corporate purposes and to ex ecute evidences of such indebtedness and to secure the same, 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; but in no event shall revenue bonds be an obligation of Elbert or Hart County;

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(10) 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;
(11) The authority and the trustee acting under the trust indenture are specifically authorized from time to time to sell, lease, grant, ex change, or otherwise dispose of any surplus property, both real or per sonal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in Code Section 12-3-416;
(12) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions for a period of time not to exceed ten years and to execute evidences of such indebtedness and to secure the same;
(13) To serve as an agency in managing, developing, and leasing property received or leased from the United States of America; and
(14) To do all things necessary or convenient to carry out the powers expressly given in this part.
12-3-404. (a) The authority, or any authority or body which has succeeded or which may in the future succeed to the powers, duties, and liabilities vested in the authority, shall have power and is authorized at one time,- or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost, as defined in this part, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Code Section 12-3-415 for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of pay ment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the op tion of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.
(b) Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36; and all pro cedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Article 3 of Chapter 82 of Title 36.
12-3-405. The authority shall determine the form of the bonds, in cluding any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.

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12-3-406. All such bonds shall be signed by the chairman of the authority and attested by the secretary and treasurer of the authority, the official seal of the authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary and treasurer of the authority. Any coupon may bear the facsimile signatures of such persons; and any bond may be signed, sealed, and attested on behalf of the authority by such per sons as, at the actual time of the execution of such bonds, shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 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 delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery.
12-3-407. All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable in struments under the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose, and the said bonds and the income thereof shall be exempt from all taxation within the state.
12-3-408. The authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authoriz ing the issuance of such bonds.
12-3-409. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds with or without coupons ex changeable for definitive bonds upon the issuance of the latter.
12-3-410. The authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost.
12-3-411. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or re quired by this part. Any resolution providing for the issuance of revenue bonds under the provisions of this part shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be passed at any regular or special or ad journed meeting of the authority by a majority of its members.
12-3-412. Revenue bonds issued under the provisions of this part shall not be deemed to constitute a debt of Elbert County or Hart County nor a pledge of the faith and credit of any of said counties; but such bonds shall be payable solely from the fund provided for in Code Section 12-3-415. The issuance of such revenue bonds shall not direct ly, indirectly, or contingently obligate any of said counties to levy or to pledge any form of taxation whatever therefor or to make any ap-

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propriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section.
12-3-413. 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 com pany or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, rents, tolls, revenues, and earnings to be received by the authority, in cluding the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and ap plication of all moneys, including the proceeds derived from the sale of property of the authority, both real and personal; and may also pro vide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority; and may also contain provi sions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish 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 cor porations. In addition to the foregoing, such trust indenture may con tain 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.
12-3-414. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or per son who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the pur poses hereof, subject to such regulations as this part and such resolu tion or trust indenture may provide.
12-3-415. The revenues, rents, 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, and any moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the is-

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suance of the bonds or in the trust instrument may provide. Such funds so pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) Any premium upon bonds acquired by the redemption, pay ment, or otherwise;
(4) The necessary charges of the paying agent or agents for paying principal and interest; and
(5) Any investment fees or charges.
The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the is suance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered.
12-3-416. Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture. Such holder, receiver, or trustee may en force and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or proj ects. In the event of default of the authority upon the principal and in terest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right, specifically in cluding the contract rights of collecting rental, which the authority may possess against the state or any department, agency, or institu tion of the state and, in the pursuit of his or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee

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shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.
12-3-417. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this part and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable.
12-3-418. Any action to protect or enforce any rights under the provisions of this part or any action against such authority shall be brought in the Superior Court of Elbert County or Hart County; and any action pertaining to validation of any bonds issued under the pro visions of this part shall likewise be brought in one of said courts which shall have exclusive, original jurisdiction of such actions.
12-3-419. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to having such action brought against it and if consenting to same, 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 the state or such municipality, county, authority, political subdivision, or instrumentality shall be re quired to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Upper Savannah River Development Authority.
12-3-420. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds; nor will the state itself so compete with the authority. The provisions of this part shall be for the benefit of the

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authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
12-3-421. All moneys received pursuant to the authority of this part, 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 part.
12-3-422. Without limiting the generality of any provisions of this part, the general purpose of the authority is declared to be that of ac quiring, constructing, equipping, maintaining, and operating boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recrea tional centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith and acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the authority to be necessary, convenient, or desirable for an incident to the efficient and proper development and operation of such types of undertakings.
12-3-423. The authority is authorized to prescribe and revise from time to time rates, rents, fees, tolls, and charges, and to collect such rates, rents, fees, tolls, and charges for the services, facilities, or com modities furnished, including leases, concessions, or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and, in anticipation of the col lection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improve ment, equipment, betterment, or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertak ings or projects, including the revenues of improvements, bet terments, or extensions thereto thereafter made or the sale of any of its lands and facilities.
12-3-424. 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 of this part, including the basis on which recrea tional facilities shall be furnished.
12-3-425. (a) All meetings of the authority shall be opened to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be opened to public inspection.

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jb) Each purchase made in behalf of the authority of personal property or services in excess of $1,000.00 shall be accomplished pur suant to competitive bids, after having published invitations to bid in the official organs of Elbert and Hart counties prior to the award of any contract. All bids shall be opened during meetings of the authori ty, and the rejection or acceptance thereof shall be entered upon the minutes of the authority.
(c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organs of Elbert and Hart counties. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority.
(d) At the conclusion of each fiscal year of the authority, the af fairs of the authority shall be audited by a certified public accounting firm. A synopsis of the audit shall be published in the official organs of Elbert and Hart counties as soon as the report of the auditors is sub mitted to the authority.
(e) All funds of the authority which are not required for the nor mal operations of the authority shall be invested in interest-bearing in vestments within 30 days of their receipt by the authority.
12-3-426. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. This state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the opera tion or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the in come therefrom shall at all times be exempt from taxation within the state. The exemption provided in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
12-3-427. |a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority, shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall con stitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority.

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jb) Provisions of Article 1 of Chapter 10 of Title 16, Code Sections 16-10-21 and 16-10-22, and Code Sections 16-10-92 and 16-10-93, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority.
(c) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16, Code Sec tions 16-10-21 and 16-10-22, and Code Sections 16-10-92 and 16-10-93, or involving a violation of any other provision of law regulating con flicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority."
Parts
Section 30. (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 31. All laws and parts of laws in conflict with this Act are repealed.
Amend the substitute to HB 1401 offered by the Senate Committee on Natural Resources and Environmental Quality by striking from line 26 through line 32 of Page 9 the following:
"(8) To accept loans or grants of money or materials or property of any kind from any political subdivision of the state, upon such terms and conditions as such political subdivision may impose; provided, however, that said authority shall not accept loans or grants of money from the State of Georgia or any agency thereof;'',
and inserting in lieu thereof the following:
"(8) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivi sion may impose;".

Senator Brown of the 47th moved that the Senate reconsider its action in adop ting the committee substitute to HB 1401.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the commit tee substitute to HB 1401 was reconsidered.

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Senator Brown of the 47th moved that the Senate reconsider its action in adop ting the amendment offered by Senator Brown of the 47th to the substitute to HB 1401 offered by the Senate Committee on Natural Resources and Environmental Quality.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the amend ment to the committee substitute to HB 1401 was reconsidered.

Senator Brown of the 47th asked unanimous consent to withdraw his amend ment to the committee substitute to HB 1401, and the consent was granted.

Senator Brown of the 47th offered the following amendment:
Amend the substitute to HB 1401 offered by the Senate Committee on Natural Resources and Environmental Quality by striking from line 26 through line 32 of Page 9 and by striking from line 29 through line 35 of Page 30 the following:
"(8) To accept loans or grants of money or materials or property of any kind from any political subdivision of the state, upon such terms and conditions as such political subdivision may impose; provided, however, that said authority shall not accept loans or grants of money from the State of Georgia or any agency thereof;",
and inserting in lieu thereof the following:
"(8) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivi sion may impose;".

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

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes

Bell Bond Bowen

Brantley Broun of 46th Brown of 47th

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Cobb Coleman Coverdell Deal Eldridge Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill

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

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

Those not voting were Senators:

Barker Brannon Bryant

Dean English

Holloway (presiding) Hudgins

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 resumed the Chair.

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

SB 253. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," as amended, so as to provide the circumstances whereby local units of administration may be granted funding for con struction in excess of annual entitlements.

The House substitute to SB 253 was as follows:
A BILL
To be entitled an Act to amend Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to educational facilities under the Adequate Program for Education, so as to revise the provisions relative to educational facilities; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other pur poses.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-250 of the Official Code of Georgia An notated, relating to educational facilities under the Adequate Program for Education, is amended by striking said Code Section 20-2-250 in its entirety and substituting in lieu thereof a new Code Section 20-2-250 to read as follows:
"20-2-250. (a) It is declared to be the policy of the State of Georgia to assure that every student in Georgia's public schools shall be housed in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by the Adequate Program for Education in Georgia.
(b) As used in this Code section, the following words or terms shall have the following meanings:
(1) 'Addition' refers to square footage of room floor space for in structional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' means expenditures for the annual retirement of debt for capital outlay construction projects for educa tional facilities and shall include the interest on the principal as well as the principal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, ex penditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construc tion of additions to buildings, retrofiting of existing buildings for energy conservation, and initial and additional equipment and fur nishings for educational facilities.
(4) 'Construction project' shall refer to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes con nected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, gymnasiums, stadiums, and similar facilities used for athletic competition and the central and area administrative offices of local units of administration.

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(6) 'Educational facilities survey' means a systematic study of present educational facilities and a five-year forecast of future needs based on the instructional program and service requirements of this article.
(7) 'Entitlement' refers to the maximum portion of the total need that may be funded in a given year.
(8) 'Local funds' or 'local unit funds' refers to funds available to local units of administration from sources other than state and federal funds.
(9) 'Local unit' or 'local unit of administration' means any county or independent board of education which administers public elemen tary and secondary schools.
(10) 'Physical education facility' means any facility which is designed for an instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate.
(11) 'Renovation' or 'modernization' or both refers to construction projects which consist in the initial installation or replacement of ma jor building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations.
(12) 'Required local participation' means the amount of funds which must be contributed by local units of administration from local funds for each construction project.
(13) 'Unhoused students' means those students who are not hous ed in school facilities which are structurally sound with adequate space as defined by the State Board of Education.
(14) 'Year' or 'fiscal year,' unless otherwise clearly intended, refers to the fiscal year of the State of Georgia.
(c) The State Board of Education shall implement the provisions of this Code section, and the State School Superintendent and designated staff in the Department of Education who have training or experience in educational facilities as determined by the State Personnel Board and the State Board of Education shall administer the requirements and implement the duties of this Code section. The State Board of Education's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local unit. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of in structional space in permanent and temporary buildings; local proper-

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ty assessment for bond purposes; outstanding school bonds and an nual debt service; buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall review, certify the accuracy of, and approve each local unit's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities survey required of local units. The educational facilities survey shall be initiated by written request of a local board of educa tion. The request may suggest the number of teams and the in dividuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Georgia Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board, the servicing Cooperative Education Services Agency, and other educa tional centers and agencies servicing the local board; and individuals deemed unacceptable to the local board. The State Board of Education shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development pat terns; assessment of existing instructional and support space; assess ment of existing educational facilities; extent of obsolescence of facilities; recommendations for improvements, expansion, modern ization, safety, and energy retrofiting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The State Board of Education shall approve or reject the recommendations of the survey team and shall establish appeal procedures for surveys not accepted.
(3) To adopt policies, guidelines, and standards for educational facilities construction plans required of local units. Local unit facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofiting; proposed construction projects for the purpose of merging shall, inefficient educational facilities, if any; and other construction projects needed to house the instructional program required by provi sions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, use, and matters pertaining or relating to consolidation of schools and educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per pupil; number and size of classrooms; allowable construction costs based on current annual con struction cost data maintained by the Department of Education; and

MONDAY, MARCH 22, 1982

2591

other requirements necessary to ensure adequate, efficient, and economical educational facilities. The State Board of Education shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and sup portive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or addi tions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the pupil capacity of the facility substantially above the capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of plan ning and developing policies, anticipating state-wide needs for educa tional facilities, and providing assistance to local units in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local unit educational facilities and real proper ty inventories, educational facilities surveys, average daily attendance projection research, and educational facilities construction plans, and shall reflect the demand areas for capital outlay. In addition, the State Board of Education shall develop a consistent, systematic research ap proach to average daily attendance projections which will be used in the development of needs within each local unit. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local unit and shall not count toward present or future required local participation;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (f), (g), (h), and (i) relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain con struction projects, and consolidation of high schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction proj ects financed in whole or in part with state funds, except construction projects constructed under supervision of the Georgia State Financing and Investment Commission. The State Board of Education may designate selected local units which have staff qualified for such pur poses to act on behalf of the Department of Education in such inspec tions, when the project is not under the direction of Georgia State Financing and Investment Commission;

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(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and
(9) To provide procedures whereby local units may revise their educational facilities plans or the priority order of construction proj ects requested to reflect unforeseen changes which have occurred within three years of the completion of the survey.
(d) In the event any local unit of administration enters into a lease contract with the Georgia State Financing and Investment Commis sion for the use of facilities of the authority or commission pursuant to a commitment by the State Board of Education for future allotments of state capital outlay funds, the State Board of Education, upon receipt of an executed copy of said lease contract, is authorized and directed to pay monthly, quarterly, or annually to the commission such part of such funds to be made available to the local unit of ad ministration under this Code section as may be required to meet the terms of such lease contract. The State Board of Education is em powered and directed to withhold any fund allocations to any local unit of administration for failure to comply with any provision of this Code section or policies, guidelines, or standards adopted by said board for the purpose of implementing the requirements of this Code section.
(e) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (h) and (i), each local unit must meet the following conditions and requirements:
(1) Prepare and annually update an educational facilities and real property inventory in accordance with provisions of subsection (c) of this Code section;
(2) Complete a local educational facilities plan. The local educa tional facilities plan shall be prepared in accordance with provisions of subsection (c). Each proposed construction project shall be iden tified according to the purposes for capital outlay funds as provided in subsection (f). Each local unit shall specify the order of importance of all proposed construction projects. Provisions for unhoused students, whether by new construction, renovations, or additions, shall be the highest priority by any local unit. When two or more local units agree on the need for a consolidation project pursuant to subsection (f), the estimated construction cost shall be prorated to the participating local units and included with their identification of needs in accordance with the proportion of the number of students to be served from each local unit;
(3) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsec tion (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program required by this article. Prior to initiating the survey, the local unit must file a written request with the State Board of Education that a survey be done in its behalf and suggesting the individuals who will conduct it. The cost of the survey shall be paid from local funds;

MONDAY, MARCH 22, 1982

2593

(4) Submit requests for capital outlay funds, and provide required local participation;
(5) Submit proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accord ance with provisions of subsection (c); and
(6) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c).
Until July 1, 1984, local units which have not either initiated or completed surveys and construction plans shall be eligible for state capital outlay funds for construction projects as determined by the State Board of Education.
(f) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased pupil attendance or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof on different sites;
(2) To provide construction projects to renovate or modernize educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy deficient, or un sanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof on different sites in order to house changes in the in structional program required under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local unit;
(4) To provide construction projects to merge educational facilities which have fewer pupils than required for the minimum school population by the State Board of Education or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or por tions thereof on different sites;
(5) To provide construction projects to combine the total high school pupil populations either in grades 7-12, 8-12, or 9-12 across local unit lines. In such projects, there shall be no requirement to in clude a vocational wing as defined within the comprehensive high school structure but neither shall such vocational wing be excluded for funding purposes; and

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(6) To reimburse local units of administration for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local unit may request funds for the purposes of this paragraph unless and until all construction proj ects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed.
(g) Effective July 1, 1983, the state and each local unit of ad ministration shall provide capital outlay funds for educational facilities in accordance with this subsection as follows:
(1) The required local participation shall be 25 percent of the eligi ble project cost as modified by the local ability index and annual debt service. The local ability index shall be determined by dividing the amount of the local unit's equalized adjusted school property tax digest per resident pupil in average daily attendance by the total amount of the state-wide equalized adjusted school property tax digest per total resident average daily attendance. The resulting index shall be multiplied by 25 percent of the cost of the eligible construc tion project to determine the required local participation. A local unit may reduce its required local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regardless of the above, no local unit's required local participation shall be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as provided in paragraph (2) below; and
(2) Eligible construction projects for consolidations as determined in subsection (f) shall require no local funds; provided, however, that the state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caus ed by fire or natural disaster.
(h) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (f) above and to establish a fair and equitable distribution of funds to local units of administration, the State Board of Education shall annually determine a level of authoriza tion. For a given fiscal year, the new authorization level may equal zero but shall not exceed $100 million. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $ 100 million maximum authorization.
(2) In setting the annual authorization level, the State Board of Education shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities' needs shall be com puted by summing the following:
(A) The total facility improvement needs included in the most re cent five-year educational facilities plan which has been reviewed by a survey team and approved by the State Board of Education. Such needs shall annually be adjusted downward for projects financed by

MONDAY, MARCH 22, 1982

2595

either state or local funds but shall not be adjusted upward except upon approval of a new or revised five-year plan pursuant to subsec tions jc) and(e); and
(B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) above), ex cluding payments for postsecondary facilities, athletic facilities, ad ministrative facilities, or other projects not included in the approved five-year plan pursuant to subsections (c) and (e) above. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (g) and shall be adjusted upward for the remaining portion of the five-year period for increases in the annual debt service payments resulting from local financing of projects covered by the state board approved plan.
(3) Each local unit of administration shall be entitled to a portion of the total authorization set by the State Board of Education annually based on the ratio of that local unit's needs as computed in paragraph (2) above to the total of all local units' needs. In addition to the annual entitlement, the local unit is eligible to receive any entitlement ac crued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously ac crued entitlements.
(4) In order to determine the amount of state funds to be re quested for a given fiscal year, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. The above comparison shall be made for each of the incremen tal entitlement levels required in paragraph (1) above. In the event that projects requested for funding exceed the total state entitlements and required local participation, local units may elect to contribute ad ditional local funding, provided that the total of all local funding does not exceed 50 percent of the eligible project costs. Local funds con tributed in excess of required local participation may be credited toward required local participation in subsequent years, provided that the requested state appropriation for this subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to comply with this limitation.
(5) The final level of entitlements actually authorized by the State Board of Education for a fiscal year shall be that level which is consis tent with the appropriations Act for that year.
ji) Local units may receive state capital outlay funds for construc tion projects under the advance funding category to meet educational facilities needs due to the following:
(1) Extraordinary growth of pupil population in excess of the capacity of existing facilities;
(2) Destruction of or damage to educational facilities by fire or due to natural disaster;

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(3) Replacement of educational facilities which have been cer tified as hazards to health or safety by the state fire marshal's office or by the Department of Human Resources;
(4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and re quired local participation with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and
(5) Projects for consolidation of high schools across local unit lines when the proposed project cost exceeds the combined annual en titlements of the participating local units. With the exception of category (2) above, the following conditions must be met to qualify for advanced funding:
(A) The local unit has specifically requested funding under this subsection prior to submission of the State Board of Education's an nual budget to the General Assembly;
(B) Annual entitlements accrued under subsection (h) have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local units shall be required to offset advanced funding for consolidation projects pursuant to paragraph (5) of subsection (f);
(C) The project to be funded is not in addition to projects funded for a given local unit of administration under the provisions of subsec tion (h) in a given year; and
(D) The required local participation and all other procedural re quirements of this Code section are met.
(j) Appropriations for advanced funding under subsection (i) shall be made separately from subsection (h) for regular entitlements."
Section 2. This Act shall become effective on July 1, 1983.
Section 3. 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 253.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Bond

Bowen Brantley Broun of 46th

Brown of 47th Cobb Coleman

MONDAY, MARCH 22, 1982

Coverdell Deal Dean Eldridge English Evans Fincher of 52nd Fincher of 54th , Foster Garner Hill Holloway

Horton Howard Hudgins Hudson Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson

Scott Starr Stephens Stumbaugh Summers Tate Timmons Trulock Turner Tysinger Wessels

Those voting in the negative were Senators:

Barker Barnes Bryant

Engram Kennedy

Thompson Walker

Those not voting were Senators:

Allgood Brannon

Gillis Greene

Sutton

2597

On the motion, the yeas were 44, nays 7; the motion prevailed, and the Senate agreed to the House substitute to SB 253.
The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:
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.

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The Conference Committee Report on HB 1236 was as follows:

The Conference Committee on HB 1236 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1236 be adopted.
Respectfully submitted,

FOR THE SENATE

FOR THE HOUSE OF REPRESENTATIVES

/s/ Paul C. Broun Senator, 46th District

Is/ 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/ C. R. Vaughn, Jr. Representative, 57th District

Conference Committee substitute to HB 1236:
A BILL
To be entitled an Act to make and provide appropriations for the State fiscal year beginning July 1, 1982, and ending June 30, 1983; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institu tions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1982, and ending June 30, 1983, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a revenue estimate of $3,732,000,000 for State fiscal year 1983.

MONDAY, MARCH 22, 1982 PARTI.
LEGISLATIVE BRANCH

2599

Section 1. Legislative Branch.

Budget Unit: Legislative Branch ..............$ Operations ............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

15,263,892 15,263,892 15,263,892 15,263,892

Budget Unit Object Classes: Operations ............................$ 15,263,892

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

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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 ..............$

5,430,363 5,080,363 5,080,363 5,080,363
350,000 350,000 350,000
5,080,363 350,000 28 150
2,345,625

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 (Code Sections 17-12-60 through 17-12-62|.

MONDAY, MARCH 22, 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

2601 59

Section 4. Superior Courts.

Budget Unit: Superior Courts. ............$ 18,957,568

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 (Code Section 17-10-6).

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 1982 ses sion of the General Assembly.

Provided, that of the above appropriation relating to Superior Courts, $428,670 is designated and commit ted for the Prosecuting Attorneys' Council for opera tions and $80,190 is designated and committed for the Sentence Review Panel, and $--0-- is designated and committed for the Probation Advisory Council.

Provided, however, of the above appropriation $10,000 is designated and committed to permit Judges with less than five years of experience to attend the Judicial College.

Total Positions Budgeted

458

Section 5. Court of Appeals.

Budget Unit: Court of Appeals ............$ 2,612,000

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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 ........$ Case Counting .........................$ 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.

55
802,791 515,238
60,000
227,553 802,791 802,791
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 (Art. 2, Chap. 18 of Title 50).
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: ..........................$

190,000
0 45,788
0 14,821

MONDAY, MARCH 22, 1982
For the cost of operating the Board of Court Reporting.
Total Positions Budgeted
Section 10. Council of Juvenile Court Judges.
Budget Unit: ..........................$
For the cost of operating the Council of Juvenile Court Judges.
Total Positions Budgeted
Section 11. Georgia Justice Courts Training Coun cil.
Budget Unit: ..........................$
For the cost of operating the Georgia Justice Courts Training Council.
Total Positions Budgeted
Section 12. Georgia Judicial Administrative Districts.
Budget Unit: .............................$
For the cost of operating the Georgia Judicial Ad ministrative Districts.
Total Positions Budgeted

2603 1 102,508 3 13,970 0 556,398 20

PART III.

EXECUTIVE BRANCH

Section 13. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services ................$ 31,079,490

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. .....................$

211,777 8,488 3,000 --0-- 200 --0-- --0-- 12,516

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

3,600 15,000 254,581 252,036
6
1,025,000 152,447 8,000 --0-- 6,500 1,335 --0-- 47,817 15,949 --0--
2,001,792
--0--
1,200,000
850,000 5,308,840 5,291,285
41

3. Treasury and Fiscal Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment
Purchases .........................$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ State Liability Self-Insurance
Reserve ...........................$ Public Safety Officers
Indemnification Fund ................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

801,055 83,103 6,000
--0-- 12,800
1,000 4,662,500
27,851 12,510
--0--
--0--
608,800 6,215,619 3,894,670
30

MONDAY, MARCH 22, 1982

2605

4. Central Supply 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 .............$ Materials for Resale .....................$ Utilities ..............................$ Total Funds Budgeted ...................$ Total Expenditures Authorized ............$ 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 ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted

232,230 155,522
750 --0-- 7,300 1,400 --0-- 61,179 5,355 1,000 5,400,000 --0-- 5,864,736 5,860,089 --0--
15
1,175,033 115,023 7,250 --0-- 29,000 1,447 229,600 56,502 34,500 --0--
1,648,355 1,636,325
52
289,000 11,160 5,800 --0-- 2,500 150 18,000 12,165 24,424 --0--
363,199 359,568
--0-- 13

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7. Space Management Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Materials for Resale .....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

255,000 6,120 1,500 --0-- 400 900 --0-- 17,999 6,230 --0-- --0--
288,149 285,268
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 ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted

15,789,960 1,363,800 60,000
--0-- 230,800
53,350 280,000 15,756,796 1,024,536 309,543
2,270,896 820,800
37,960,481 37,636,837 13,575,000
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 ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted

365,198 1,542,990
--0-- 235,000
--0-- 8,000 --0--
720 --0-- --0-- 2,151,908 2,130,389 --0--
23

MONDAY, MARCH 22, 1982

2607

10. Communication Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment
Purchases .........................$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Telephone Billings ......................$ Total Funds Budgeted ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted

2,303,566 376,405 11,000
50,600 59,000 21,380 128,044 57,503
385 5,000 24,000,000 27,012,883 26,982,755 6,000,000
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 ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted

1,333,629 1,677,184
--0-- --0-- --0-- 50,000 --0-- 128,170 --0-- 400,000 --0-- 3,588,983 3,557,094 --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

713,413 261,060
25,300 --0-- --0-- 7,400 2,200 6,000
13,170 25,000 12,000 23,980 1,089,523 144,906
44

2608

JOURNAL OF THE SENATE

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 .............$ Total Funds Budgeted ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted

147,757 122,254
--0-- -- 0-- --0-- --0-- -- 0-- 2,239 --0-- --0-- --0-- 272,250 269,528 --0--
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 ...................$ Total Expenditures Authorized ............$ State Funds Budgeted ...................$ Total Positions Budgeted

520,423 21,100 24,500 --0-- 2,500 900 60,000 26,227 9,179 --0-- 20,000
684,829 678,102
--0-- 23

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 ..............................$ Payments to DOAS Fiscal
Administration .....................$ Direct Payments to Georgia Building
Authority for Operations. .............$

25,163,041 5,896,656 153,100
285,600 351,000 147,262 5,380,344 1,481,424 434,845 873,800 15,756,796
23,980
2,270,896
--0--

MONDAY, MARCH 22, 1982

2609

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. ....................$ Total Positions Budgeted Authorized Motor Vehicles

2,001,792
850,000
1,200,000
--0-- 24,000,000
5,825,000
608,800 1,111 284

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. ................................$

359,568 37,636,837 2,130,389 26,982,755
3,557,094 70,666,643

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 the 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.

2610

JOURNAL OF THE SENATE

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 .....$

--0--

Georgia Building Authority Budget:
Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment
Purchases .........................$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Authority Lease Rentals. .................$ Utilities ..............................$ Facilities Renovations
& Repairs ..........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

10,391,527 2,771,582
4,000
--0-- 32,000 110,000
--0-- --0-- 60,000 115,000 2,001,792 1,039,500 4,700,000
--0-- 21,225,401
--0-- 507

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

10,391,527 2,771,582
4,000
--0-- 32,000 110,000
--0-- --0-- 60,000 115,000 2,001,792 1,039,500 4,700,000
--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.

MONDAY, MARCH 22, 1982

2611

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

21,934,919
3,469,800 303,871 103,715 57,800 28,000 70,610 --0-- 2,553 42,381 1,300
4,080,030 3,530,505
185

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 ........................$ Indemnities ...........................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,148,000 118,480 43,500 43,500 10,800 3,700 --0-- --0-- 46,563 75,000
434,550
796,400
955,000 525,000
75,000 --0--
4,275,493 3,906,979
56

3. Marketing Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

869,200 137,440 53,000
7,250 19,980

2612

JOURNAL OF THE SENATE

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. ............... . $ 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. ...............................$

9,275 -- 0-- --0-- 38,250 33,000 55,000
95,000 1,317,395 1,299,590
42
1,814,000 751,045 10,050 23,100 6,000 13,425 --0-- --0-- 36,720 35,000 24,650
305,000 3,018,990
507,798 115
1,930,000 118,404 188,000 --0-- 4,000 3,900 --0-- 3,600 19,000 200
2,267,104 2,244,433
112
1,217,000 214,138 28,000

MONDAY, MARCH 22, 1982

2613

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Contract--Federation of
Southern Cooperatives .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
7. Information and Education Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Market Bulletin Postage. .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
8. Fuel and Measures Standards Budget:
Personal Services ...........,...........$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
9. Consumer Services Budget:
Personal Services .......................$ Regular Operating Expenses ...,..........$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$

7,200 18,000 6,220 128,362 515,900 43,000
1,000
10,000 2,188,820 2,123,108
57
143,000 14,140 1,100 --0--
370,000 4,225 -- 0-- --0-- 6,732 --0--
748,765 1,287,962 1,275,082
9
1,250,000 232,373 90,100 121,300 6,000 21,100 --0-- --0-- 15,964 --0--
1,736,837 1,716,004
74
640,000 66,051 18,000 22,250 6,200 2,500 --0--- --0--

2614

JOURNAL OF THE SENATE

Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
10. Consumer Protection Field Forces Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
11. Meat Inspection Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
12. Fire Ant Control Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Fire Ant Bait (approved by Federal
Government] ........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

20,502 500
776,003 768,243
30
2,903,000 132,323 174,600 36,150 8,200 13,300 --0-- 6,240 34,000 --0--
3,307,813 2,581,735
134
2,612,000 77,466 175,309 29,000 3,542 660 --0-- --0-- 19,584 114,300
3,031,861 1,206,845
130
--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
500,000 500,000 500,000
0

MONDAY, MARCH 22, 1982

2615

13. Georgia Agrirama Development Authority Budget:
Direct Payments to Georgia Agrirama Development Authority for Operations. .......................$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

274,597 274,597 274,597
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

169,615 7,400 3,000 --0-- --0-- --0-- --0-- --0-- --0-- --0--
180,015 --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. .................$ Fire Ant Bait (approved by Federal
Government) ........................$ 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. .......$ Contract--Federation of Southern Cooperatives .................$

18,165,615 2,173,131
888,374 347,550 480,722 148,915 128,362 528,293 322,696 249,950 748,765
500,000 434,550 796,400
955,000 525,000
75,000 90,000
274,597 400,000
10,000

2616

JOURNAL OF THE SENATE
Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles
Provided, that of the above appropriation relative to Regular Operating Expenses, $45,000 is designated and committed for livestock shows relating to research and promoting and $10,000 is designated and commit ted for poultry shows relating to research and pro moting.
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.
Provided however, of the above appropriated amount, $25,000 is designated and committed for "onfarm" testing for brucellosis in cattle to be transported out of Georgia.
B. Budget Unit: Georgia Agrirama Devel opment Authority ...................$
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

--0-- 952 259
--0--
451,000 100,000
6,732 --0-- 14,610
625 --0-- --0-- 5,700 26,488 41,950 91,885 10,300 749,290 --0--
27

MONDAY, MARCH 22, 1982

2617

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.

451,000 100,000
6,732 --0-- 14,610
625 --0-- --0-- 5,700 26,488 41,950 10,300 91,885
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

3,158,431
2,610,000 142,485 234,000 --0-- 36,000 6,100 9,889 117,450 31,400 2,000
3,189,324 3,158,431
102
2,610,000 142,485 234,000 --0-- 36,000 6,100 9,889 117,450 31,400 2,000 102 21

2618

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. .....................$ RealEstate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Felony Expenses .................$ Multi-State Transportation Board ..........$ Grants to Area Planning and
Development Commissions .............$ Grants for Revitalization
Projects .............................$ Local Assistance 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 .............$

4,273,114
616,450 40,610 12,000 --0-- 7,500 --0-- 100 95,179 11,000 9,000 50,000 10,000
1,350,000
160,000 348,000 2,709,839 2,495,364
21
452,635 21,950 34,000 6,200 10,100 530 900 26,396 11,550 24,100
588,361 568,617
17
243,800 7,240 5,600 --0-- 2,500 --0-- 1,500 8,858 3,000 5,600

MONDAY, MARCH 22, 1982

2619

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

--0-- 1,000,000
--0-- 1,278,098
160,621 9
300,770 11,060 20,000 --0-- 4,000 --0-- --0-- 14,047 7,300 5,450
362,627 359,001
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 .............$ Appalachian Regional Commission
Assessment ..........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

755,410 25,965 61,320 --0-- 22,300 --0-- 4,500 41,280 39,800 45,600
56,720 1,052,895
689,511 28

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Felony Expenses .................$

2,369,065 106,825 132,920 6,200 46,400 530 7,000 185,760 72,650 89,750 50,000

2620

JOURNAL OF THE SENATE

Grants to Area Planning and Development Commissions .............$
Local Assistance Grants. .................$ Grants to Revitalization
Projects .............................$ Appalachian Regional Commission
Assessment ..........................$ Multi-State Transportation Board ..........$ Juvenile Justice Grants ..................$ Total Positions Budgeted Authorized Motor Vehicles
Provided that of the above appropriations $10,000 is designated and committed for The Multi-State Transportation Board.

1,350,000 348,000
160,000
56,720 10,000 1,000,000
86 4

Provided, that of the above appropriation relating to Grants for Revitalization Projects, $160,000 is designated and committed for grants to cities and coun ties for revitalization projects in depressed downtown
areas.

Provided, however, that of the above appropria tion relative to grants to Area Planning and Develop ment Commissions, $1,350,000.00 is designated and committed for Area Planning and Development Com missions to carry out their duties as defined in Code Chapter 50-8-35(1), (2) and (4).

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--
1,666,686 176,864 85,400 55,000 40,500 32,750 14,500 102,556 75,500 300,650
10,264,214 475,000
13,289,620 --0-- 73 29

MONDAY, MARCH 22, 1982

2621

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

1,666,686 176,864 85,400 55,000 40,500 32,750 14,500 102,556 75,500 300,650
10,264,214 475,000 73 29

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

5,589,561
501,600 90,028
5,500 --0-- 7,500
165 232,080
--0-- 14,538
--0-- 851,411 833,257
21

2. Insurance Regulation Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Computer Equipment and Feasibility Study . . $ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

$1,009,987 48,735 6,750 --0-- 101,940 2,480 49,185 20,195 23,888 3,000 --0--
1,266,160 1,169,503
46

2622

JOURNAL OF THE SENATE

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
Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

342,000 21,094 19,000 5,500 5,250 --0-- --0-- --0-- 5,592 --0--
398,436 394,507
14
930,000 36,935 28,224 7,250 3,400 800 --0-- 21,753 31,578 --0--
1,059,940 1,049,341
45
2,094,000 94,274 135,000 93,000 16,500 2,172 --0-- 36,844 27,297 10,000
2,509,087 2,142,953
104
4,877,587 291,066 194,474 105,750 134,590

MONDAY, MARCH 22, 1982

2623

Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$
Computer Equipment and Feasibility Study ....................$
Per Diem, Fees and Contracts .............$ Total Positions Budgeted Authorized Motor Vehicles

5,617 281,265
78,792 102,893
--0-- 13,000
230 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 .............$ Local Civil Defense Grants-
Project Application ..................$ Local Civil Defense
Grants--Training. ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,691,898
858,500 99,200 3,000 8,000 20,850 --0-- --0-- --0-- 23,500 19,800
--0-- 18,000 40,000
--0-- 1,090,850 1,065,225
36
794,306 103,920 17,400
--0-- 14,100
--0-- --0-- 3,600 32,500 26,000
30,000
45,000 1,066,826
556,063 33

2624

JOURNAL OF THE SENATE

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. ...........$ Repairs and Renovations .................$ 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 .............$ Repairs and Renovations .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

112,250 118,140
2,000 --0-- --0-- 18,700 --0-- --0-- --0-- 1,500 362,140 43,000 5,242 662,972 660,446
5
268,950 17,540 13,000 --0-- 6,500 350 --0-- 5,000 3,250 600
315,190 21,648 12
2,062,519 1,677,760
2,100 --0-- --0-- --0-- --0-- --0-- --0-- --0-- 75,000 3,817,379 388,516
121

MONDAY, MARCH 22, 1982

2625

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--Project Application. ............$ Local Civil Defense
Grants--Training .....................$ Repairs and Renovations .................$ Total Positions Budgeted Authorized Motor Vehicles

4,096,525 2,016,560
37,500 8,000
41,450 19,050
--0-- 8,600 59,250 47,900
--0-- 362,140
18,000 40,000
5,242
30,000
45,000 118,000
207 20

Section 19. State Board of EducationDepartment of Education.

A. Budget Unit: Department of Education. ..........................$ 1,330,677,009

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 ...................$ Indirect DOAS Services
Funding. ............................$ State Funds Budgeted ...................$ Total Positions Budgeted

4,212,485 807,420 284,040 --0-- 283,980 22,845 152,900 118,510 140,250 4,000
6,026,430
51,000 3,492,599
189

2. Governor's Honors Program Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

272,420 24,635 3,395 --0--

2626

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
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. 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
5. 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

1,600 1,000 2,880 5,695 355,920 667,545 660,870
2
2,897,980 174,120 223,725 --0-- 66,040 7,385 151,520 87,930
2,251,200 11,870
5,871,770 2,068,084
111
906,000 173,240
16,625 13,000 6,200 152,065 38,760 85,200 11,710 1,402,800 801,954
52
926,000 251,870
37,555 --0--
14,000 6,000 56,330 26,590 242,000 1,560,345 1,189,188
32

MONDAY, MARCH 22, 1982

2627

6. 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 DOASServices Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted
7. 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 P ositions Budgeted
8. 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
9. Professional Standards Commission Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

4,900,000 229,625 339,095 --0-- 182,835 17,525 857,250 261,340 117,720 74,250 6,895
6,986,535 289,000
4,428,312 219
536,640 30,135 1,500 --0-- 7,500 --0-- --0-- 30,000 17,820 --0--
623,595 579,716
32
2,201,430 74,495 100,305 --0-- 73,650 5,350 95,230 56,885
1,294,460 3,901,805 3,143,606
79
55,220 10,090 2,000

2628

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 --0-- 4,700 3,100 49,645 130,805 129,497
2

10. 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

80,045 14,160 7,000
--0-- 10,000 2,600
--0-- 7,000 3,830 25,000 149,635 --0--
3

11. 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

215,000 9,585 12,640 --0-- 1,600 --0-- --0--
20,150 5,930
46,000 310,905 308,096
8

12. Local Programs Budget:
APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and lOja) (2)) (Code Section 20-2-157(a)|. ............$ 544,949,673 Salaries of Instructional Personnel (Sec. 5) (Code Section 20-2-152) ...............$ 94,051,289 Salaries of Instructional Personnel. .........................$ 21,550,825 Salaries of Student Supportive Personnel. .........................$ 23,955,725

MONDAY, MARCH 22, 1982

2629

Salaries of Administrative and Supervisory Personnel ............$
Special Education Leadership Personnel. .........................$
Instructional Media ...................$ Instructional Equipment. ...............$ Maintenance and Operation. ............$ Sick and Personal Leave ................$ Travel ..............................$ Pupil Transportation. ..................$ Isolated Schools ......................$ Mid-Term Adjustment .................$ Non-APEG Grants:

63,945,511
3,025,845 19,781,030
684,906 92,292,081
5,494,770 1,004,534 81,662,900
507,354 --0--

Education of Children of

Low-Income Families ................$ 74,806,645

Teacher Retirement ...................$ 93,462,616

Instructional Services for

the Handicapped ....................$ 21,441,620

Preparation of Professional

Personnel in Education

of Handicapped Children .............$

65,000

Tuition for the Multi-handicapped ........$ 1,172,000

Severely Emotionally Disturbed. .........$ 15,229,291

Compensatory Education . ..............$ 16,331,747

School Lunch (Federal). ................$ 101,184,050

School Lunch (State) ...................$ 14,565,705

Supplementary Education Centers

and Services. .......................$

--0--

Staff Development ....................$ 927,500

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ..................$ 3,568,657

Cooperative Educational

Service Agencies ....................$ 3,816,447

Superintendents' Salaries ...............$ 4,670,931

High School Program ..................$ 26,736,897

Area Vocational-Technical

Schools. ...........................$ 57,467,362

Junior College Vocational

Program ...........................$ 2,468,383

Quick Start Program ...................$ 2,800,000

Comprehensive Employment

and Training .......................$ 3,595,000

Vocational Research

and Curriculum .....................$ 974,980

Adult Education ......................$ 3,621,358

Salaries and Travel of

Public Librarians. ...................$ 4,218,764

Public Library Materials. ...............$ 3,515,912

Talking Book Centers ..................$ 684,527

Public Library Maintenance

and Operation ......................$ 2,671,286

Public Library Construction. ............$

--0--

2630

JOURNAL OF THE SENATE

Competency-Based High School

Graduation Requirements. ............$ 250,000

Instructional Aides ....................$ 8,907,836

Teacher Health Insurance ..............$ 32,339,000

Capital Outlay. .......................$ 225,000

Grants to Local School

Systems for Educational

Purposes ..........................$ 75,000,000

Indo-Chinese Refugee .................$

--0--

Salaries of Extended

Pre-School Personnel. ................$ 10,099,424

Chapter II--Block Grant

Flow Through ......................$ 8,879,225

Area Vocational Technical

School Construction .................$

--0--

Total Funds Budgeted ................. $ 1,548,603,606

State Funds Budgeted ................. $ 1,313,875,087

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. ....................$ RealEstateRentals ....................$ Telecommunications. ..................$ Per Diem, Fees and Contracts ............$ Utilities .............................$

17,203,220 1,799,375 1,027,880 --0-- 660,255 68,905 857,250 934,115 482,770 4,563,925 34,475

APEG Grants: Salaries of Instructional Personnel (Sec. lOja) (1) and 10(a) (2)) (Code Section 20-2-157(a)). ...........$ Salaries of Instructional Personnel (Sec. 5) (Code Section 20-2-152). .............$ Salaries of Instructional Personnel ........................$ Salaries of Student Supportive Personnel ........................$ Salaries of Administrative and Supervisory Personnel ..............$ Special Education Leadership Personnel ........................$ Instructional Media ..................$ Instructional Equipment ..............$ Maintenance and Operation ...........$ Sick and Personal Leave. ..............$ Travel .............................$

544,949,673
94,051,289
21,550,825
23,955,725
63,945,511
3,025,845 19,781,030
684,906 92,292,081
5,494,770 1,004,534

MONDAY, MARCH 22, 1982

2631

Pupil Transportation-- Regular ..........................$
Isolated Schools .....................$ Mid-Term Adjustment ................$

81,662,900 507,354 --0--

Non-APEG Grants: Education of Children of Low-Income Families ...............$ Teacher Retirement ..................$ Instructional Services for the Handicapped. ..................$ Preparation of Professional Personnel in Education of Handicapped Children ............$ Tuition for the Multi-handicapped. ......$ Severely Emotionally Disturbed ........$ Compensatory Education. .............$ School Lunch (Fed.) ..................$ School Lunch (State) ..................$ Supplementary Education Centers and Services ................$ Staff Development ..<................$ Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification .................$ Cooperative Educational
Service Areas. .....................$ Superintendents Salaries ..............$ High School Program .................$ Area School Program .................$ Junior College Program ...............$ Quick Start .........................$ Comprehensive Employment
and Training ......................$ Vocational Research and
Curriculum .......................$ Adult Education . ....................$ Salaries and Travel of
Public Librarians. ..................$ Public Library Materials ..............$ Talking Book Centers. ................$ Public Library M & O . ................$ Public Library Construction. ...........$ Competency-Based High School
Graduation Requirements ...........$ Instructional Aides. ..................$ Teacher Health Insurance .............$ Capital Outlay. .......................$ Grants to Local School
Systems for Educational Purposes ..........................$ Indo-Chinese Refugee .................$

74,806,645 93,462,616
21,441,620
65,000 1,172,000 15,229,291 16,331,747 101,184,050 14,565,705
--0-- 927,500
3,568,657
3,816,447 4,670,931 26,736,897 57,467,362 2,468,383 2,800,000
3,595,000
974,980 3,621,358
4,218,764 3,515,912
684,527 2,671,286
--0--
250,000 8,907,836 32,339,000
225,000
75,000,000 --0--

2632

JOURNAL OF THE SENATE

Salaries of Extended Pre-School Personnel. ................$
Area Vo-Tech School Construction. .......$ Chapter II -- Block Grant
Flow Through ......................$
Total Positions Budgeted Authorized Motor Vehicles

10,099,424 --0--
8,879,225 729 17

B. Budget Unit: Institutions. ....................$ 14,364,847

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 ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,393,390 270,300 3,150 38,880 3,845 30,000 16,700 8,500 163,165 12,000
2,939,930 2,649,107
154
4,264,300 553,925 9,500 26,900 --0-- 19,220 21,285 12,650 306,000 4,000
5,217,780 4,810,541
265

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

1,722,610 184,359 3,500 --0-- 1,500 39,900 21,025 6,000 110,000 --0--
2,088,894 1,856,669
94

MONDAY, MARCH 22, 1982

2633

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

2,291,810 674,195 16,630 --0-- 6,000 244,685 15,265 --0-- 274,480 129,214
3,652,279 2,672,688
104
1,896,420 508,825 15,000 --0-- 4,500 235,430 17,290 11,750 260,000 55,000
3,004,215 2,375,842
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

12,568,530 2,191,604
47,780 65,780 15,845 569,235 91,565 38,900 1,113,645 200,214
711 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.

2634

JOURNAL OF THE SENATE
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 pro jected miles for mid-day transportation. 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.
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 prior to such unit being filled.

MONDAY, MARCH 22, 1982
Furthermore, the Section 5 (Code Section 20-2-152) teaching units so allocated to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated.
It is the intent of this General Assembly that local school systems have the authority to utilize increased maintenance and operation funds contained in this Ap propriations Act in such a fashion as to accomplish de facto funding of Section 12 of the Adequate Program for Education in Georgia (Code Section 20-2-158).
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) (Code Section 20-2-157(b)(2)) and Section 15 (M&O) (Code Section 20-2-160).
Provided, that of the above appropriation for $927,500 for Staff Development, $92,750 is designated and committed to fund a State level staff development program specifically for Special Education Teachers (Section 5) (Code Section 20-2-152) 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(d)(2) of APEG (Code Sections 20-2-152, 20-2-153, 20-2-157, 20-2-181, and 20-2-181(d)(2)) for salaries, funds may be moved be tween said Sections by an amendment to the annual operating budget during the final month of the State fiscal year with the prior approval of the Office of Plan ning 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.

2635

2636

JOURNAL OF THE SENATE
Provided, that the funds appropriated herein for local school construction shall be used to complete the funding of those projects for which F.Y. 1983 en titlements were sufficient to cover eligible projects (pursuant to Section 48 of APEG)(Code Section 20-2-250), based on a total state entitlement of $100 million for F.Y. 1983.
Provided, that of the above appropriation, relative to Capital Outlay, upon the merger of the Jackson County, Commerce and Jefferson City School Systems, $150,000 is designated and committed for planning and architectural design of the additional facilities needed to house comprehensive education programs at Commerce and Jefferson High Schools.
Provided, that from the above appropriated amount for the High School Program-Local Program Budget up to $51,000, if available, is authorized to pur chase vocational equipment for the Dodge County Comprehensive High School.
Provided, that from the above appropriated amount for the High School Program-Local Program Budget, $25,000 is designated and committed for the purchase of vocational equipment for Miller County High School.
Such vocational technical schools shall not be authorized to offer or award associate, baccalaureate or graduate degrees, but shall be authorized to award diplomas or certificates for satisfactory completion of areas of study prescribed by the State Board of Educa tion.
Provided, that of the above appropriation relative to compensatory education, $3,585,000 is designated and committed for a compensatory education program for students in grade 10 and shall be used for remedial purposes only. These funds will be used for compen satory education teachers and auxiliary personnel in programs for students who fail or are at risk of failing to achieve the minimum standard level on the Georgia Basic Skills Test. Funds shall be distributed at the rate of $250 per student in grade 10 failing to achieve the minimum standard score on the math test or the reading test.
Section 20. Employees' Retirement System.
Budget Unit: Employees' Retirement System. . $
Employees' Retirement System Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

--0--
547,661 13,650 8,400

MONDAY, MARCH 22, 1982

2637

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Employer Contribution ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

-- 0-- 12,600 4,500 166,377 55,535 11,633 386,725 46,360
--0-- 1,253,441
--0-- 28

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$' Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Employer Contribution ..................$ Total Positions Budgeted Authorized Motor Vehicles

547,661 13,650 8,400 --0-- 12,600 4,500 166,377 55,535 11,633
386,725 46,360
--0-- 28 1

Section 21. Forestry Commission.

Budget Unit: Forestry Commission ..........$ 21,114,448

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

926,485 774,345
5,200 12,575 2,325 10,600
--0-- --0-- 10,225 16,560 --0-- 1,758,315 420,503
34

2. Field Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

14,923,195 3,717,125
90,000

2638

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Ware County Grant .....................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

868,275 23,300 1,363,830
--0-- 10,130 450,000 38,345 60,000 150,000 21,694,200 18,899,918
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

657,995 98,170 16,060 12,815 43,500 2,550 199,755 --0-- 18,200 5,685
352,000 --0--
1,406,730 1,394,027
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. .....................$ RealEstateRentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Contractual Research. ...................$ Ware County Grant .....................$ Herty Foundation ......................$

16,507,675 4,589,640
111,260 893,665
69,125 1,376,980
199,755 10,130
478,425 60,590
352,000 60,000 --0--

MONDAY, MARCH 22, 1982

2639

Wood Energy Program. ..................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

400,000 150,000
870 751

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 ..........................$ 16,050,491

1. General Administration Budget:
Personal Services....................... Regular Operating Expenses .............. Travel. ............................... Motor Vehicle Equipment Purchases ....... Publications and Printing. ................ Equipment Purchases ................... Computer Charges. ..................... Real Estate Rentals. ..................... Telecommunications.................... Per Diem, Fees and Contracts .............$ Postage. ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

515,953 81,019 6,500 --0-- 4,000 1,860 6,921 33,700 21,370 3,200 5,500 -0-
680,023 673,223
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 ...................$ Indirect DOAS Services
Funding. ........................... . $ State Funds Budgeted ...................$ Total Positions Budgeted

6,882,569 1,162,262
374,800 516,300
23,000 105,412
600 132,180 221,812
3,000 200,000
6,300 --0-- 9,628,235
100,000 9,438,946
244

2640

JOURNAL OF THE SENATE

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

2,262,712 426,030 25,000 30,000 5,600 77,300 43,041 12,686 77,300 300 19,000 -- 0--
2,978,969 2,949,179
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 ...................$ Indirect DO AS Services
Funding. ............................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,774,607 100,000 11,000 --0-- 50,000 25,000
1,916,261 3,600
392,000 40,000 20,000
4,332,468
1,300,000 2,989,143
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

11,435,841 1,769,311 417,300 546,300 82,600 209,572 1,966,823 182,166 712,482 46,500 200,000 50,800 --0--
453 274

MONDAY, MARCH 22, 1982

2641

Provided, however, that the Department is authorized to use funds, appropriated above for Per sonal Services, in the Investigative Division, to upgrade one position per region when designated as Assistant Special Agent in Charge in accordance with recommendations of the Merit System of Personnel Administration.
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 ...................$ Total Expenditures Authorized ............$ 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--
867,635 32,500 8,000 --0-- 2,000 --0-- 17,135 52,075 12,100 110,000
1,101,445 1,090,431
--0-- 29
867,635 32,500 8,000 --0-- 2,000 --0-- 17,135 52,075 12,100 110,000 29 0

Section 24. Office of the Governor.
A. Budget Unit: Governor's Office ..............................$
1. Governor's Office Budget:
Cost of Operations. .....................$ Transition Allowance. ...................$ Mansion Allowance .....................$

4,234,854
1,684,187 50,000 40,000

2642

JOURNAL OF THE SENATE

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:

2,000,000 123,298
3,897,485 3,897,485
336,000 9,218 12,600 --0-- 1,075 --0-- --0--
20,132 10,459 22,000 411,484 337,369
15

Cost of Operations. .....................$ Transition Allowance. ...................$ 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. .....................$

1,684,187 50,000 40,000
2,000,000 123,298 336,000 9,218 12,600 --0-- 1,075 --0-- --0-- 20,132

MONDAY, MARCH 22, 1982

2643

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
2. Council of the Arts Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges...................... J Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ 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 ....................$

10,459 22,000
15 1
6,860,640
455,040 93,800 9,800 --0-- 33,000 2,000 --0-- 172,476 10,000 68,000
844,116 835,675
15
151,000 11,163 5,500 --0-- 7,500 --0-- --0-- 19,745 7,875 9,000
1,442,806 281,525 20,000
1,956,114 1,652,471
8
283,000 1,300 7,500 --0-- --0-- 5,000 4,000 --0-- 3,500

2644

JOURNAL OF THE SENATE
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 ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

8,000 312,300 309,177
9
210,200 3,097
31,000 --0-- 300 --0-- --0-- --0-- 9,000 2,000
255,597 253,041
7
578,078 1,750 7,500 --0-- 1,200 575
40,000 --0-- 8,000 1,300
638,403 632,019
21
350,584 1,800 5,000 --0-- --0-- 500 --0-- --0-- 4,400 --0--
362,284 358,662
11

MONDAY, MARCH 22, 1982

2645

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 ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
10. Facilities Management Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

925,588 43,000 15,000 --0-- 6,000 1,600 6,426 56,062 102,000 7,000
1,162,676 812,568 44
310,328 19,000 35,000 --0-- 75,000 1,200 8,000 --0-- 18,000
3,662,068 4,128,596
297,118 12
118,000 11,550 3,000 --0-- 9,700 --0-- 6,000 8,110 1,795 4,800
162,955 162,593
4
105,000 300
5,600 --0--

2646

JOURNAL OF THE SENATE
Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
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 ....................$

2,000 -- 0-- 99,332 --0-- 3,000 35,000 250,232 247,730
3
323,000 6,000 13,000 -- 0-- 1,000 800 --0-- --0-- 8,000 10,000
361,800 358,182
12
358,727 2,850 7,800 --0-- --0-- 1,000 --0-- --0-- 5,000 --0--
375,377 371,623
11
280,000 11,695 7,500 --0-- 972 --0-- --0-- 18,312 5,900

MONDAY, MARCH 22, 1982

2647

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 $1,442,806 is designated and committed for Grants to Counties, Cities and Non-Profit Organiza tions in the State of Georgia.

30,000 354,379 350,835
13
162,133 11,750 8,700 --0-- 12,000 --0-- --0-- 6,875 4,750 14,950
221,158 218,946
5
4,610,678 219,055 161,900 --0-- 148,672 12,675 163,758 281,580 191,220
3,852,118 1,442,806
281,525 20,000 175 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 ...................$

6,800,000
2,600,000 2,600,000 2,600,000

2648

JOURNAL OF THE SENATE

2. Grants to Municipalities .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

4,200,000 4,200,000 4,200,000

Budget Unit Object Classes:
Grants to Counties ......................$ Grants to Municipalities .................$

2,600,000 4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and 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 ..........................$ 229,879,617

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 .........................$ Social Services Block
Grant Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

14,014,200 2,624,905
591,525 --0--
143,430 87,305 974,396 2,814,200 530,980 1,086,070 153,200 536,800
--0-- 23,557,011
638,212 --0--
11,005,428
1,159,395 10,753,976
720 7

General Administration and Support Functional Budgets

Total Funds Commissioner's Off ice ......$ 559,200 Child Care Licensing. .......$ 1,220,400 Laboratory Improvement ....$ 498,901 Child Support Recovery .....$ 6,587,080 Contract Management. ......$ 175,080

State Funds Pos.

$ 554,200

16

$ 1,205,400

55

$ 412,901

19

$ 596,259 282

$ 173,080

7

MONDAY, MARCH 22, 1982

2649

Public Affairs. .............$ 323,755

Office of Administrative

Appeals. ................$ 602,900

Health Care Facilities

Regulations. .............$ 1,699,999

Radiological Health .........$ 379,700

Administrative Policy,

Coordination

and Direction ............$ 1,903,765

Personnel. ................$ 1,458,290

Administrative Support

Services ................$ 1,826,640

Office of Review

and Investigation .........$ 1,284,560

Systems Planning,

Development and Training . $ 266,250

Program Analysis ..........$ 122,380

Electronic Data Processing,

Planning and Coordination .$ 385,116

Facilities Management ......$ 3,037,160

Regulatory Services--

Program Direction

and Support .............$ 471,980

MH/MR Advisory Council. ...$ 41,050

Council on Family Planning ..$ 66,800

Developmental Disabilities ...$ 283,800

Council on Maternal and

InfantHealth ............$ 91,355

Community and Intergovern

mental Affairs. ...........$ 270,850

Indirect Cost ..............$

--0--

Undistributed .............$

--0--

Total. ....................$ 23,557,011

$ 320,555

12

$ 596,900

22

$ 599,999

64

$ 375,700

14

$ 1,901,765

4

$ 1,381,290

70

$ 1,580,285

52

$ 299,420

43

$ 264,250

9

$ 121,380

5

$ 91,000

0

$ 2,308,860

8

$ 467,980

15

$ 41,050

1

$

6,700

2

$

--0--

9

$ 91,355

3

$ 267,850

8

$ (2,904,203)

0

$

--0--

0

$ 10,753,976 720

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 ...................$ Social Services Block Grant Funds. .........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

4,941,000 132,500 191,400 --0-- 20,000 --0-- --0-- 3,800 1,000 115,000 --0-- 100 500,000
5,904,800 496,405
1,905,870 3,502,525
236 0

2650

JOURNAL OF THE SENATE

Financial Management Functional Budgets

Total Funds

Budget Administration ......$ 1,471,300

Accounting Services ........$ 2,673,300

Auditing Services. ..........$ 1,760,200

Indirect Cost ..............$

-0--

Undistributed .............$

--0--

Total. ....................$ 5,904,800

State Funds Pos.

$ 1,466,300

37

$ 2,657,300 138

$ 1,750,200

61

$ (2,371,275)

0

$

--0--

0

$ 3,502,525 236

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. ..................$ Utilities ..............................$ Postage. ..............................$ Benefits for Child Care ..................$ Total Funds Budgeted ...................$ Social Services Block
Grant Funds .........................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

2,781,945 13,778,315
132,000 --0--
108,200 7,700
287,202 57,600 75,250
34,055,004 275,000
215,000 -0-
37,000 640,000 52,450,216
15,873,000 44,143
30,544,275 5,988,798 120 111

Special Programs Functional Budgets

Total Funds State Economic
Opportunity Office. .......$ 251,350 District Programs,
Director's Office. .........$ 595,030 Child Development
Administration. ..........$ 1,061,600 Child Development
Contracts--Foster Care ....$ 290,736 Special Projects ............$ 597,900 Child Development
Contracts-Day Care ......$ 19,435,297 Child Development
Contracts--Home Management ............$ 281,658

State Funds Pos.

123,675

8

555,430

21

365,900

39

$

14,336

0

$ 597,900

0

$ 2,595,797

$ 48,958

MONDAY, MARCH 22, 1982

2651

Child Development

Contracts-Outreach ......$ 635,133

Information and Referral ....$ 325,340

Troubled Children Benefits. ..$ 915,000

Council on Aging ...........$ 44,870

Energy Assistance ..........$ 17,320,000

Title XX Administration .....$ 984,302

Community Services ........$ 9,712,000

Undistributed .............$

-0-

Total. ....................$ 52,450,216

$ 81,333

0

$ 325,340

0

$ 915,000

0

43,870

1

$

-0-

4

$ 321,259

32

$

-0-

15

$

-0-

0

$ 5,988,798 120

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

2,251,700 120,890 57,700 --0-- 50,800 730 357,368 --0-- 193,200
5,449,190 --0-- 1,450
8,483,028 539,568
5,488,130 2,455,330
114 0

Public Health--Program Direction and Support Functional Budgets.

Total Funds

Director's Office ...........$ 555,205

Employee's Health .........$ 249,310

Primary Health Care ........$ 5,627,715

Health Program Management .$ 609,330

Vital Records ..............$ 932,700

Health Services Research .... $ 508,768

Undistributed .............$

--0--

Total. ....................$ 8,483,028

State Funds Pos.

$ 371,205

8

$ 212,310

9

$ 297,385

10

$ 519,330

27

$ 909,700

53

$ 145,400

7

$

--0--

0

$ 2,455,330 114

5. Public Health -- Family Health Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

5,558,840 2,022,834
295,600 --0--
130,800

2652

JOURNAL OF THE SENATE

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

6,780 122,703
3,500 47,550 6,367,470
--0-- 20,850
3,879,000 3,307,500
577,500 1,985,000
100,000
25,000
40,000
111,000
200,000 40,000
226,530 25,068,457
11,350 11,125,699 13,931,408
242 4

Public Health -- Family Health Functional Budgets

Total Funds Family Health Management ..$ 6,081,220 Cancer Control ............$ 2,615,330 Crippled Children ..........$ 4,851,730 Immunization .............$ 520,200 Maternal Health ...........$ 225,500 Sexually Transmitted Diseases $ 200,700 Infant and Child Health. .....$ 4,509,050 Diabetes. .................$ 208,850 Chronic Disease. ...........$ 1,503,574 Coordination, Education,
Prevention ..............$ 653,720 Malnutrition ..............$ 591,500 Stroke and Heart Attack
Prevention ..............$ 149,200 Family Planning ...........$ 840,133 Epidemiology. .............$ 995,725 Dental Health .............$ 69,300

State Funds Pos.

$ 336,570

23

$ 2,376,330

6

$ 2,650,238

60

$

--0--

17

$ 223,500

6

$ 198,700

6

$ 4,454,050

12

$ 59,748

5

$ 1,498,574

22

$

--0--

10

$

--0--

18

$ 148,200

6

$ 52,133

13

$ 829,540

11

$ 69,300

3

MONDAY, MARCH 22, 1982

2653

Community Tuberculosis

Control .................$ 1,052,725

Undistributed .............$

--0--

Total. ....................$ 25,068,457

$ 1,034,525

24

$

--0--

0

$ 13,931,408 242

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

3,161,000 459,500 53,900 --0-- 44,100 58,365 --0-- --0-- 5,000 742,047 --0-- 13,300
4,537,212 4,000
823,772 3,709,440
152 1

Public Health -- Community Health Functional Budgets

Total Funds

Occupational and

Radiological Health .......$ 773,572

Laboratory Services. ........$ 3,175,740

Emergency Health. .........$ 587,900

Undistributed .............$

--0--

Total. ....................$ 4,537,212

State Funds Pos.

$ 228,800

7

$ 2,970,740 129

$ 509,900

16

$

--0--

0

$ 3,709,440 152

7. Public Health -- Local Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$

12,350,000 23,264,500
484,800 --0--
31,700 43,410 195,920 144,100 4,983,847
7,050 32,150

2654

JOURNAL OF THE SENATE

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 .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

3,000,000
45,000 75,000 175,000 1,220,000
250,000
3,600,000
51,000
49,000 29,473,948 79,476,425
129,350 36,112,320 43,234,755
563 2

Public Health -- Local Services Functional Budgets

Total Funds

Minimum Foundation .......$ 7,057,054

Grant-in-Aid to Counties. ....$ 29,024,358

Stroke and Heart

Attack Prevention ........$ 1,091,242

Family Planning ...........$ 5,633,400

Sickle Cell, Vision

and Hearing .............$ 353,100

Sexually Transmitted

Diseases ................$ 1,072,850

High Risk Pregnant Women

and Their Infants .........$ 4,066,900

Newborn Follow-Up Care ....$ 289,750

District Dental. ............$ 1,118,835

Teenage Pregnancy Preventions 250,000

District Crippled Children. ...$ 2,187,050

Mental Retardation Projects ..$ 100,100

Malnutrition ..............$ 27,231,886

Undistributed .............$

-0-

Total. ....................$ 79,476,425

State Funds Pos.

$ 6,837,030 224

$26,031,273

0

$ 554,642

20

$ 2,520,400 183

$ 350,100

15

$ 85,000

29

$ 4,063,900

19

$ 287,750

12

$ 902,660

18

$ 250,000

0

$ 1,352,000

33

$

--0--

0

$

-0-

10

$

-0-

0

$ 43,234,755 563

MONDAY, MARCH 22, 1982

2655

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 ...................$ Social Services Block Grant Funds. .........$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

3,308,100 127,850 153,000 --0-- 79,000 1,000
1,178,162 --0--
219,000 199,700
--0-- 1,150 5,266,962 15,000 1,000,197 620,220 3,631,545
131

Mental Health--Program Direction and Support Functional Budgets

Total Funds

Administration ............$ 2,965,862

Special Projects

and Contracts ............$ 60,550

Program Coordination. ......$ 2,240,550

Undistributed .............$

--0--

Total. ....................$ 5,266,962

State Funds Pos.

$ 1,953,465

63

$

--0--

2

$ 1,678,080

66

$

--0--

0

$ 3,631,545 131

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...............................$ VV.I.N. Benefits ........................$ Grants to Fulton County for 24-
hour Emergency Social Services. .........$ Benefits for Child Care ..................$ Homemaker Meals .....................$ Chatham County Homemaker Project ......$

--0-- --0-- -0--0-- --0-- --0-- --0-- --0-- --0-- 440,000 -0--0-- 575,669
173,400 15,691,771
106,961 482,000

2656

JOURNAL OF THE SENATE

Douglas County Homemaker Project .......$ Fulton County Homemaker Project. ........$ Total Funds Budgeted ...................$ Agency Funds .........................$ Social Services Block Grant Funds. .........$ State Funds Budgeted ...................$ Total Positions Budgeted

127,000 328,000 17,924,801 5,982,564 1,230,600 10,711,637
0

Purchase of Social Services Functional Budgets

Total Funds

Work Incentive Benefits .....$ 575,669

Grants to Fulton County

for 24-hour Emergency

Social Services ...........$ 173,400

Legal Services .............$ 440,000

AFDC-Family Foster Care. ..$ 3,987,620

AFDC--Institutional

Foster Care ..............$ 1,475,840

Specialized Foster Care ......$ 53,064

Child Welfare-

Family Foster Care ........$ 8,663,518

Adoption Supplement .......$ 250,000

Non-AFDC Institutional

Foster Care ..............$ 397,950

Liability Insurance .........$ 15,400

Emergency Shelter Care .....$ 107,079

DayCare .................$ 604,300

Psychiatric, Psychological

and Speech Therapy. ......$ 130,000

Return of Runaways--County. $

7,000

Homemaker Projects. .......$ 1,043,961

Undistributed .............$

--0--

Total. ....................$ 17,924,801

State Funds Pos.

$ 57,566

0

$ 173,400

0

$ 215,000

0

$ 1,344,645

0

$ 497,654

0

$ 53,064

0

$ 7,177,518

0

$ 98,700

0

$ 397,950

0

$ 15,400

0

$ 107,079

0

$ 180,100

0

$ 130,000

0

$

7,000

0

$ 256,561

0

$

--0--

0

$ 10,711,637

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 ..................$

754,000 18,000 18,000 --0-- 4,000 --0-- --0-- --0-- 20,100 3,500 --0-- --0-- -0-

MONDAY, MARCH 22, 1982
Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

2657
817,600 --0-- 8,000
809,600 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 ...................$ Social Services Block Grant Funds. .........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

996,000 27,800 42,000 --0-- 14,000 2,300 --0-- 3,100 29,000
20,953,077 60
200 22,067,537
3,368,035 16,949,941
1,749,561 41
224

Services to the Aged Functional Budgets

Total Funds

Title XX Adult Services ......$ 4,083,664

Administration and Planning .$ 2,495,540

Nutrition Grants ...........$ 8,886,845

Areawide Grants ...........$ 6,601,488

Undistributed .............$

--0--

Total. ...................,$ 22,067,537

State Funds Pos.

$ 539,062

0

$ 350,036

41

$ 493,714

0

$ 366,749

0

$

--0--

0

$ 1,749,561

41

12. Vocational Rehabilitation-- Program Direction and Support Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................I

1,410,000 91,600 75,500 --0-- 30,900 --0-- 543,379 --0-- 72,000 261,000 --0--

2658

JOURNAL OF THE SENATE

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

2,300 75,000 210,000 2,771,679
--0-- 1,653,800 1,117,879
53

Vocational Rehabilitation--Program Direction and Support Functional Budgets

Total Funds

Program Direction and

Support. ................$ 2,085,379

Grants Management ........$ 686,300

Undistributed .............$

--0--

Total. ....................$ 2,771,679

State Funds Pos.

$ 747,379

45

$ 370,500

8

$

--0--

0

$ 1,117,879

53

13. Vocational Rehabilitation-- Facilities Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$ Capital Outlay .........................$ Case Services ..........................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

3,113,300 363,880 21,500 12,000 1,270 17,500 --0-- 130,000 38,800 104,300 80,600 4,150 --0-- --0--
3,887,300 --0--
3,167,880 719,420 167 19

Vocational Rehabilitation--Facilities Functional Budgets

Total Funds Youth Development Center--
V. R. Unit .................$ 353,760 Atlanta Rehabilitation Center ...$ 1,908,850 Alto Rehabilitation Center ......$ 265,040
Cave Spring Rehabilitation Center ........$ 350,500

State Funds
$ 65,502 $ 364,850 $ 52,508
$ 66,800

Pos.
15 76 12
18

MONDAY, MARCH 22, 1982

2659

Central Rehabilitation Center ...$ 664,650 $ 101,360

27

Georgia Vocational Adjustment

Center--Gracewood .........$ 344,500 $ 68,400

19

Undistributed. ...............$

--0-- $

--0--

0

Total .......................$ 3,887,300 $ 719,420 167

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

7,400,000 1,711,280
47,680 51,025 22,170 76,445
---0-- --0-- 149,000 1,086,085 445,600 12,980 575,000 --0-- --0-- 11,577,265 50,000 9,124,800 2,402,465
425 24

Roosevelt Warm Springs Rehabilitation Institute-- Functional Budgets

Total Funds

Administration ............$ 4,589,830

Rehabilitation Services ......$ 5,842,272

Instruction. ...............$ 430,030

Independent Living .........$ 526,000

Research/Training ..........$ 189,133

Undistributed .............$

--0--

Total. ....................$ 11,577,265

State Funds Pos.

$ 1,652,330 128

$ 32,972 255

$

7,030

16

$ 526,000

21

$ 184,133

5

$

--0--

0

$ 2,402,465 425

15. Georgia Factory for the Blind Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

2,706,000 4,812,495
54,800 36,600 3,400

2660

JOURNAL OF THE SENATE

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

95,000 --0--
11,600 26,500 64,000 93,500
5,800 --0-- 225,000 8,134,695 7,618,800 515,895
44 14

Georgia Factory for the Blind Functional Budgets

Total Funds

Operations. ...............$ 7,023,400

Supervision ...............$ 372,045

Business Enterprise Vending

Stand Project ............$ 739,250

Undistributed .............$

--0--

Total. ....................$ 8,134,695

State Funds Pos.

$

--0--

8

$ 369,045

19

$ 146,850

17

$

--0--

0

$ 515,895

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

14,190,562 518,180 448,000 --0-- 14,600 20,500 --0-- 639,700 379,100 299,000 72,000 84,280
3,645,000 63,000
8,700,000
105,000 136,500 29,315,422 50,000 19,172,958 10,092,464
694 5

MONDAY, MARCH 22, 1982

2661

17. Vocational RehabilitationDisability Adjudication Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage ...............................$ Case Services ..........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

7,746,000 317,400 22,000 --0-- 51,600 17,460 --0-- 513,685 445,500 431,295 --0-- 155,000
7,000,000 16,699,940 16,699,940
--0-- 384

18. Public Assistance Budget:

Personal Services .......................$

--0--

Regular Operating Expenses ..............$ 3,159,468

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 .................$

62,160

AFDC Benefits .........................$ 182,766,550

Total Funds Budgeted ...................$ 185,988,178

Agency Funds .........................$ 124,297,228

State Funds Budgeted ...................$ 61,690,950

Total Positions Budgeted

0

Public Assistance Functional Budgets

Total Funds

Refugee Benefits ..........$ 3,159,468

AFDC Payments ..........$ 182,766,550

SSI--Supplement Benefits. ..$

62,160

Undistributed ............$

--0--

Total ...................$ 185,988,178

State Funds Pos.

$

-0-

0

$61,628,790

0

$ 62,160

0

$

--0--

0

$ 61,690,950

0

19. Local Services--Community Services and Benefits Payments Budget:

Personal Services .......................$

-- 0-

Regular Operating Expenses ..............$

-- 0-

Travel. ...............................$

--0-

2662

JOURNAL OF THE SENATE

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 .........................$ Social Services
Block Grant Funds ....................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0--
54,682,882
44,460,000 99,142,882 37,538,749
15,464,983 46,139,150
0

Local Services--Community Services and Benefits Payments Functional Budgets

Total Funds

Local Services-

Benefits Payments Grants ..$ 54,682,882

Grants to Counties

for Social Services. ........$ 44,460,000

Undistributed .............$

--0--

Total. ....................$ 99,142,882

State Funds Pos.

$27,186,441

0

$ 18,952,709

0

$

--0--

0

$ 46,139,150

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 ...........$ Social Services Block
GrantFunds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

7,868,700 330,200 377,400 --0-- 566,700 5,700
5,040,066 178,100
1,079,400 3,337,500
9,200 226,600 19,019,566 10,459,450 540,180
1,297,117 6,722,819
343

MONDAY, MARCH 22, 1982

2663

Family and Children Services--Program Direction and Support Functional Budgets

Total Funds

Director's Office ...........$ 424,600

Research and Demonstration .$ 61,500

Program Planning

and Development. ........$ 860,800

Program Management

andTraining. ............$ 1,617,150

Administration

and Management .........$ 11,581,866

Management Information

Systems. ................$ 1,048,750

District Program Operations ..$ 2,665,900

District Administration ......$ 759,000

Indirect Cost ..............$

-0-

Undistributed .............$

--0--

Total. ....................$ 19,019,566

State Funds Pos.

$ 422,600

7

$ 61,500

3

$ 854,800

17

$ 1,354,150

61

$ 4,156,391

88

$ 1,044,750

50

$ 2,650,900

99

$ 756,000

18

$ (4,578,272)

0

$

--0--

0

$ 6,722,819 343

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 .................$ Work Incentive Benefits .................$ Grants to Fulton County for 24-hour Emergency Social Services ..............$ Benefits for Child Care ..................$ Homemaker Meals .....................$

94,551,347 53,881,597
3,066,805 99,625
1,316,670 440,195
8,503,276 4,551,205 3,455,480 79,978,085
861,210 1,134,110
--0--
3,879,000 4,527,500
577,500 1,985,000
3,625,000 301,530 175,000
51,000
49,000 29,473,948
575,669
173,400 16,331,771
106,961

2664

JOURNAL OF THE SENATE

Chatham County Homemaker Project ......$ 482,000

Douglas County Homemaker Project .......$

127,000

Fulton County Homemaker Project. ........$ 328,000

Grants for Nephrology Centers ............$ 210,000

Case Services ..........................$ 16,500,000

E.S.R.P. Case Services ...................$

75,000

SSI-Supplement Benefits .................$

62,160

AFDC Benefits .........................$ 182,766,550

Local Services Benefits

Payments Grants .....................$ 54,682,882

Grants to Counties for Social Services .......$ 44,460,000

Contract with Vocational

Rehabilitation Community

Facilities ............................$ 3,645,000

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program ..................$

100,000

Contract with the

Affirmative Industries .................$

105,000

Institutional Repairs

and Maintenance .....................$ 500,000

Contract with Emory University

for Arthritis Research ..................$ 200,000

Grant for Epilepsy Program. ..............$

63,000

Grant to Grady Hospital for

Cystic Fibrosis Program ................$

40,000

Contract for Scoliosis

Screening ...........................$

40,000

Menninger Group Homes ................$ 275,000

Contract--Georgia

Advocacy Office, Inc. ..................$ 215,000

Grant for Teenage Pregnancy

Prevention Program ...................$ 250,000

Contract--Cancer Research

at Emory . ...........................$

111,000

Contract -- Macon-Bibb County

Hospital Authority ....................$ 3,000,000

Cerebral Palsy Contract. .................$

136,500

Grants to Counties for

Metabolic Disorders

Screening and Testing. .................$

45,000

Total Positions Budgeted

4,458

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.

MONDAY, MARCH 22, 1982

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 $61,628,790 in State funds for the purpose of making AFDC benefit payments.

Provided that for Fiscal 1983, the following max imum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8
9
10 11

Standards of Need
$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.
Provided, that of the above appropriation, $136,500 is designated and committed to operate the Rome Cerebral Palsy Center.
Provided, however, it is the intent of this General Assembly that no dentist shall be paid at a rate in ex cess of twenty-five dollars ($25.00) per hour for ser vices rendered in the District Dental Clinics.
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

2665

2666

JOURNAL OF THE SENATE
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 Maternal and Child Health Block Grant funds above the amounts an ticipated in this appropriation shall be used to improve and expand Public Health programs and not to sup plant State funds in this appropriation.
Provided, that of the above appropriation, the Department of Human Resources is authorized to 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 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.
It is the intent of this General Assembly that with regard to the appropriation for Contract with Voca tional Rehabilitation Community Facilities, at least $80,000 is provided for an increase to the Bobby Dodd Workshop.

MONDAY, MARCH 22, 1982
Provided, that of the above appropriation, $67,525 is designated and committed to operate the Agent Orange Program. Provided, further, that no funds shall be expended without securing from veteran service organizations adequate data to properly implement the program.

2667

B. Budget Unit: State Health Planning and Development ...................$
State Health Planning and Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles
Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Positions Budgeted Authorized Motor Vehicles

431,400
793,300 57,000 21,100 7,800 --0-- 30,600 80,200 24,800 191,000 6,600
1,212,400 --0--
781,000 431,400
33 0
793,300 57,000 21,100 7,800 -- 0-- 30,600 80,200 24,800 191,000 6,600 33 0

C. Budget Unit: Community Mental Health/Mental Retardation Youth
Services and Institutions. ...............$ 268,292,440

1. Georgia Regional Hospital at Augusta Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

8,464,639 1,058,918
12,430

2668

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$ Authority Lease Rentals. .................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

25,885 4,000 79,316
100,108 --0--
95,000 249,550 300,000
9,150 387,000 188,375 10,974,371 1,185,814
65,900 9,722,657
497 25

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

10,720,851 1,445,232 17,400 7,755 9,100 103,080 147,529 --0-- 121,000 312,130 444,000 11,000 34,000 513,000
13,886,077 2,171,297
102,100 11,612,680
631 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 .............$

8,693,318 819,887 14,500 --0-- 1,900 47,457 140,591 --0-- 106,250 164,595

MONDAY, MARCH 22, 1982

2669

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

377,000 6,900
500,000 --0--
10,872,398 1,045,135 93,300 9,733,963 503 22

4. West Central Georgia Regional Hospital Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage ...............................$ Authority Lease Rentals. .................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

7,240,243 847,500 13,200 7,555 5,620 28,665 98,202 --0-- 90,000 41,000 371,000 12,500 666,500 25,000
9,446,985 1,311,837
82,300 8,052,848
424 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 .........................$

10,819,965 1,215,073 12,380 31,150 1,360 113,806 152,291 --0-- 96,000 36,600 1,073,210 9,125 --0-- 883,500
14,444,460 2,956,324

2670

JOURNAL OF THE SENATE

Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

93,300 11,394,836
682 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 ...................$ Total Positions Budgeted--
July 1,1982 Total Positions Budgeted--
June 30, 1983 Authorized Motor Vehicles

25,757,473 2,606,929 11,725 14,385 6,587 289,623 100,108 --0-- 265,000 119,000 1,475,000 13,900 1,177,488 31,837,218 11,777,189 160,400 19,899,629
1,686
1,625 111

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--
July 1,1982 Total Positions Budgeted--
June 30, 1983 Authorized Motor Vehicles

17,866,615 1,885,704 18,100 32,450 5,300 140,780 156,486 --0-- 143,000 244,000 737,000 15,500 50,000
21,294,935 6,896,538 98,800 14,299,597
1,155
1,139 53

MONDAY, MARCH 22, 1982

2671

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 DO AS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted--
July 1,1982 Total Positions Budgeted--
June 30, 1983 Authorized Motor Vehicles

14,943,902 2,534,630
12,800 25,350
6,750 153,787 158,207
--0-- 169,200 139,870 1,056,500
12,680 794,000 100,000 20,107,676 8,607,035 109,800 11,390,841
935
916 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

9,073,954 1,081,189
13,900 --0-- 5,655
51,115 174,054
--0-- 172,000 651,915 1,251,000
11,900 --0-- --0--
12,486,682 1,075,777 202,100
11,208,805 510 20

10. Central State Hospital Budget:
Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$

67,065,162 9,044,690 22,100

2672

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage ...............................$ Authority Lease Rentals. .................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ Agency Funds .........................$
Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted--
July 1,1982 Total Positions Budgeted--
June 30, 1983 Authorized Motor Vehicles

91,110 35,500 191,341 654,722
--0-- 476,900 245,685 4,133,416
42,500 787,875 790,000 83,581,001 22,132,222 617,000 60,831,779
4,162
4,119 215

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

11,720,488 1,433,500 8,000 138,580 3,200 204,600 --0-- --0-- 100,000 157,800 750,000 19,500 340,000
14,875,668 447,074
14,428,594 714 103

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 .............$

6,190,928 866,100 12,000 33,085 3,000 68,995 --0-- --0-- 56,500 76,500

MONDAY, MARCH 22, 1982

2673

Utilities ..............................$ Postage ...............................$ Capital Outlay .........................$ Reserve for Athens RYDC ................$ Grants to County-Owned Detention
Centers .............................$ Total Funds Budgeted ...................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

500,000 9,500 5,000
82,000
2,418,125 10,321,733
324,897 9,996,836
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 .........................$ Drug Abuse Contracts ...................$ Day Care Centers for the
Mentally Retarded ....................$ MR Day Care Center Motor
Vehicle Purchases. ....................$ Supportive Living Staff ..................$ Supportive Living Benefits ...............$ Georgia State Foster
Grandparent/Senior Companion Program ..................$ Community Mental Health Center Services .......................$ Project Rescue .........................$ Project ARC ...........................$ Project Friendship ......................$ Group Homes for Autistic Children .....................$ Uniform Alcoholism Projects .............$ Community Mental Retardation Staff. .....................$ Community Mental Retardation Residential Services ...................$ Total Funds Budgeted ...................$ Social Services Block Grant Funds ....................$

9,061,460 544,309 55,360 40,700 6,000 20,500 --0-- 108,600 48,250 255,150 28,300 3,275 --0--
1,098,200
45,534,326
579,000 1,368,000 3,944,733
514,000
56,392,629 249,412 155,000 209,000
260,140 2,288,250
2,626,866
7,973,740 133,365,200
20,700,000

2674

JOURNAL OF THE SENATE

Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

46,702,921 65,962,279
453 803

Community Mental Health/Mental Retardation Services Functional Budgets

Total Funds

Mental Health Community

Assistance. ..............$ 5,442,527

Outdoor Therapeutic

Program ................$ 840,455

Mental Retardation

Community Assistance ....$ 1,483,332

Central Pharmacy ..........$ 105,503

Metro Drug Abuse Centers ...$ 1,091,991

Day Care Centers for the

Mentally Retarded ........$ 46,428,739

Supportive Living ..........$ 5,312,733

Georgia State Foster

Grandparent/Senior

Companion Program ......$ 514,000

Community Mental

Retardation Staff .........$ 2,626,866

Community Mental

Retardation Residential

Services ................$ 7,973,740

Group Homes for

Autistic Children .........$ 260,140

Project Rescue .............$ 249,412

Drug Abuse Contracts .......$ 1,098,200

Project ARC. ..............$ 155,000

Project Friendship. .........$ 209,000

Community Mental Health

Center Services. ..........$ 57,119,482

Uniform Alcoholism Projects .$ 2,288,250

Central Laboratory .........$ 165,830

Undistributed .............$

--0--

Total. ....................$ 133,365,200

State Funds Pos.

$ 5,332,145 240

$ 833,966 35

$ 1,468,602 64

$ 104,455

3

$ 454,351 47

$ 22,480,105 21

$ 3,082,733

0

$ 514,000

0

$ 1,927,733

0

$ 5,999,019

0

$ 260,140

0

$

86,412

0

$ 252,562

0

$ 155,000

0

$ 209,000

0

$ 20,735,506 36

$ 2,066,550

0

$

--0--

7

$

--0--

0

$ 65,962,279 453

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 ..............................$

7,815,993 1,046,644
378,800 24,750 3,750 32,685 --0--
274,200 208,500
--0-- 30,200

MONDAY, MARCH 22, 1982

2675

Postage ...............................$ Child Care Benefits .....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

20,850 15,000 9,851,372 9,757,096
421 19

Community Youth Services Functional Budgets

Total Funds

Group Homes .............$ 420,550

Community Detention ......$ 1,239,074

Day Centers. ..............$ 552,475

Community Treatment

Centers .................$ 1,692,525

Court Services .............$ 5,503,798

Runaway Investigations .....$ 372,250

Interstate Compact .........$ 70,700

Undistributed .............$

--0--

Total. ....................$ 9,851,372

State Funds Pos.

$ 420,550

19

$ 1,239,074

18

$ 552,475

24

$ 1,692,525

82

$ 5,409,522 260

$ 372,250

15

$ 70,700

3

$

--0--

0

$ 9,757,096 421

15. Regular Operating Expense Reserve Budget:
Regular Operating Expense ...............$ Total Funds ...........................$ State Funds............................$

--0-- --0-- --0--

Budget Unit Object Classes:

Personal Services .......................$ 215,434,991

Regular Operating Expenses ..............$ 26,430,305

Travel. ...............................$ 602,695

Motor Vehicle Equipment Purchases .......$ 472,755

Publications and Printing. ................$

97,722

Equipment Purchases ...................$ 1,525,750

Computer Charges. .....................$ 1,882,298

Real Estate Rentals. .....................$ 382,800

Telecommunications ....................$ 2,147,600

Per Diem, Fees and Contracts .............$ 2,693,795

Utilities ..............................$ 12,526,626

Postage. ..............................$

198,280

Capital Outlay .........................$ 2,709,863

Authority Lease Rentals. .................$ 4,531,875

Grants to County-Owned

Detention Centers. ....................$ 2,418,125

Reserve for Athens RYDC ................$

82,000

Drug Abuse Contracts ...................$ 1,098,200

Day Care Centers for the

Mentally Retarded ....................$ 45,534,326

MR Day Care Center Motor

Vehicle Purchases. ....................$ 579,000

Supportive Living Staff ..................$ 1,368,000

2676

JOURNAL OF THE SENATE

Supportive Living Benefits ...............$ Georgia State Foster
Grandparent/Senior Companion Program ..................$ Community Mental Health Center Services .......................$ Project Rescue .........................$ Project ARC ...........................$ Project Friendship ......................$ Group Homes for Autistic Children .....................$ Uniform Alcoholism Projects .............$ Child Care Benefits .....................$
Community Mental Retardation Staff. .....................$
Community Mental Retardation Residential Services ...................$
Total Positions Budgeted-- July 1,1982
Total Positions Budgeted-- June 30, 1983
Authorized Motor Vehicles

3,944,733
514,000
56,392,629 249,412 155,000 209,000
260,140 2,288,250
15,000
2,626,866
7,973,740
13,179
13,040 1,546

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 Mental Retardation Residential Ser vices, the Department is authorized to increase the maximum monthly payments to service providers from $350 to $385 and to supplant State funds with patient collections to reduce the State cost of the pro gram.

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 Mental Retardation 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 com munities from the institution.

MONDAY, MARCH 22, 1982

2677

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, 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, that of the above appropriation relating to Central State Hospital, the Department is authorized to establish a unit for the severely psychiatrically regressed with existing funds and personnel.

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. ................$

8,828,608
553,000 11,805 43,000 -- 0-- 8,000 547 12,500 -- 0-- --0-- 1,000
629,852 623,553
23
320,000 4,840 2,000 --0--
20,100

2678

JOURNAL OF THE SENATE

Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Tourism -- Promotional Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Historic Chattahoochee
Commission Contract. .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
4. Tourist -- Welcome Centers Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Local Welcome Centers ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
5. Internal Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$

2,700 3,066 --0-- --0-- 7,923 360,629 357,023
14
648,119 72,675 65,000 --0--
239,500 5,355
22,400 --0-- --0--
61,280
40,000 1,154,329 1,143,212
30
1,358,000 338,755 36,330 --0-- 12,000 19,605 --0-- --0-- 13,924 4,450 --0-- 95,000
1,878,064 1,770,233
99
605,000 240,270
15,000 48,200 40,000
1,058 860
225,000 115,600

MONDAY, MARCH 22, 1982

2679

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 ...................$ 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. .....................$

17,000 160,000
2,605,000
1,000,000
25,000 25,000 10,000
100,000
--0--
--0--
80,000 5,312,988 3,208,124
25
570,000 47,930 80,000
--0-- 25,000
3,010 20,000 47,190 24,926 89,250 907,306 898,463
16
828,000 828,000 828,000
0
4,054,119 716,275 241,330 48,200 344,600 32,275 58,826 272,190

2680

JOURNAL OF THE SENATE

Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Capital Outlay .........................$ Local Welcome Center Contracts ..........$ Advertising ...........................$ Georgia Ports Authority --
Authority Lease Rentals ................$ Georgia Ports Authority --
General Obligation Bond Payments ...........................$ Historic Chattahoochee Commission Contract. .................$ Atlanta Council for International Visitors ..................$ Waterway Development in Georgia ........$ Georgia Music Week Promotion ...........$ 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
For general administrative cost of operating the Department of Industry and Trade, including advertis ing expense.
B. Budget Unit: Authorities .................$
1. Georgia World Congress Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Atlanta Convention and
Visitors Bureau .......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

154,450 180,903 160,000
--0-- 95,000 828,000
2,605,000
1,000,000
40,000
25,000 25,000 10,000
100,000
--0--
--0--
80,000 207 21
--0--
2,880,909 1,085,408
24,000 --0--
21,000 40,000
600 --0-- 45,840 157,080
765,972 5,020,809
--0-- 120

MONDAY, MARCH 22, 1982

2681

2. Georgia Ports Authority Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Repayments for State General
Obligation Bonds and Authority Lease Rental Obligations ...............$ Computer Charges. .....................$ Per Diem, Fees and Contracts .............$ Other Debt-Service Payments .............$ Capital Outlay--Internal Operations ..........................$ Capital Reinvestment ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

23,953,056 7,870,228 435,207 472,080 108,108 3,836,805 99,403 302,960
2,089,184 457,142
1,211,582 696,150
4,024,965 --0--
45,556,870 --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 .............$ Repayments for State General
Obligation Bonds and Authority Lease Rental Obligations ...............$ Other Debt-Service Payments .............$ Capital Outlay--Internal Operations ..........................$ Atlanta Convention and Visitors Bureau .......................$ Total Positions Budgeted Authorized Motor Vehicles

26,833,965 8,955,636 459,207 472,080 129,108 3,876,805 457,742 99,403 348,800 1,368,662
2,089,184 696,150
4,024,965
765,972 870 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.

2682

JOURNAL OF THE SENATE

It is the intent of this General Assembly that the World Congress Center Authority repay, by direct remittance to the State Treasury during the next twen ty years, the full amount of Capital Outlay authorized in the Fiscal 1978 appropriations bill, such repayments to begin no later than Fiscal 1980. Provided, further, that such payments in any year shall not exceed the net operating revenues derived from the operation of the parking and truck-marshalling facilities contemplated in such Capital Outlay appropriation.
It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority utilize existing surplus funds for payments to bond trustees for unmatured issues.

Section 28. Department of Labor.
A. Budget Unit: Inspection Division ..........$
Inspection Division Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Positions Budgeted
B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training ..............$

781,882
639,000 10,200 119,024 --0-- 5,000 465 --0-- 7,591 8,000 500
789,780 781,882
29
639,000 10,200
119,024 --0-- 5,000 465 --0-- 7,591 8,000 500 29
3,156,367

MONDAY, MARCH 22, 1982

2683

1. Basic Employment Security and W.I.N. Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ W.I.N. Grants .........................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

38,192,569 2,396,700 1,057,741
--0-- 10,600 1,005,000 1,038,000 1,117,000 948,000 1,250,000 600,000
--0-- 47,615,610
1,278,049 1,601

2. Comprehensive Employment and Training Act (CETA) Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ............... . $ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts (CETA) .......$ CETA Direct Benefits. ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

8,242,500 839,200 121,000 --0-- 6,000 87,000 104,000 206,000 113,000 381,000
34,500,000 44,599,700
--0-- 422

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

1,668,300 44,700 50,866 --0-- 750 1,000 3,600 63,000 39,000 23,600
1,894,816 1,878,318
74

2684

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 (CETA). ......$ Per Diem, Fees and Contracts .............$ W.I.N. Grants .........................$ CETA Direct Benefits. ...................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

48,103,369 3,280,600 1,229,607 --0-- 17,350 1,093,000 1,145,600 1,386,000 1,100,000 381,000 1,273,600 600,000
34,500,000 --0-- 2,097 6

Section 29. Department of Law.

Budget Unit: Department of Law. ...........$ 4,253,633

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

3,747,000 214,700 105,000 --0-- 37,200 6,800 9,252 53,000 293,480 89,891 40,000 --0--
4,596,323 4,253,633
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

3,747,000 214,700 105,000 --0-- 37,200 6,800 9,252 293,480 89,891 40,000 53,000 --0-- 116 1

MONDAY, MARCH 22, 1982

2685

For the cost of operating the Department of Law provided that the compensation of all Assistant At torneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Depart ment of Law, or any agency of the State in the Ex ecutive Branch of State Government, shall be paid from this fund. No other agency is authorized to ex pend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimburse ment to the Department of Law as provided by law.

Provided, however, that of the above appropria tion relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees.

Section 30. Department of Medical Assistance.

Budget Unit: Medicaid Services ..............$ 202,770,526

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

1,557,819 37,973 85,500 --0-- 10,358 5,602 --0-- 59,000 55,900 26,000 950 -- 0--0--
1,839,102 864,792 74

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 ..............................$

986,772 64,711 11,000 --0-- 17,500 2,000 55,000 67,500 25,960
233,500 164,564
--0-

2686

JOURNAL OF THE SENATE

Audits Contracts .......................$ Total Funds Budgeted ...................$ State Funds Budgeted .................,.$ Total Positions Budgeted

599,700 2,228,207
870,372 45

3. Program Management Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Utilities ..............................$ Contract with Georgia Medical
Care Foundation......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,838,355 63,011 50,000 --0-- 36,200 3,000 --0-- 69,600 78,200
8,736,700 --0-- --0--
--0-- 10,875,066
1,391,487 98

4. Operations Budget:
Personal Services. ......................$ Regular Operating Expenses ............. . $ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Utilities ..............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,868,708 166,968 4,800 --0-- 114,000 1,800
8,237,661 95,600 89,700 76,000
675,659 --0--
11,330,896 1,400,000 8,420,288 1,510,608 111

5. Benefits Payments Budget:

Medicaid Benefits ......................$ 619,689,843

Payments to Counties

for Mental Health .....................$ 8,898,900

Total Funds Budgeted ...................$ 628,588,743

State Funds Budgeted ...................$ 198,133,267

Total Positions Budgeted

0

MONDAY, MARCH 22, 1982

2687

Budget Unit Object Classes:

Personal Services .......................$ 6,251,654

Regular Operating Expenses ..............$ 332,663

Travel. ...............................$

151,300

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$

178,058

Equipment Purchases ...................$

12,402

Computer Charges. .....................$ 8,292,661

Real Estate Rentals. .....................$ 291,700

Telecommunications ....................$ 249,760

Per Diem, Fees and Contracts .............$ 9,072,200

Postage. ..............................$ 841,173

Utilities ..............................$

--0--

Medicaid Benefits ......................$ 619,689,843

Payments to Counties for

MentalHealth. .......................$ 8,898,900

Audits Contracts .......................$ 599,700

Contract with Georgia

Medical Care Foundation ...............$

--0--

Total Positions Budgeted

328

Authorized Motor Vehicles

4

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 therebefore.

Provided, that any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting and other purposes for Payments to Counties for Mental Health.

Section 31. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments .......$
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 .............$

4,574,525
831,040 16,490 11,670 --0-- 55,000 6,250
416,130 --0--
20,260 2,800

2688

JOURNAL OF THE SENATE

Postage ...............................$ Total Funds Budgeted ...................$ Agency Assessments ....................$ Total Positions Budgeted
2. Classification and Compensation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Funds Budgeted ...................$ Agency Assessments ....................$ Total Positions Budgeted
3. Program Evaluation and Audit Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ Agency Assessments ....................$ Total Positions Budgeted
4. Employee Training and Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ Agency Assessments ....................$ Total Positions Budgeted

75,480 1,435,120 1,435,120
41
458,655 6,160 2,465 --0-- 7,840 --0--
159,665 --0-- 6,530 1,000 2,555
644,870 644,870
20
301,225 8,470 1,025 --0-- 800 225
207,565 --0-- 5,195 --0-- 1,100
525,605 525,605
14
561,745 29,000 22,765
--0-- 20,000
2,350 15,965
--0-- 10,720 127,500 3,600 793,645 793,645
24

MONDAY, MARCH 22, 1982

2689

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

438,435 11,220 3,595 --0-- 9,900 1,425
234,280 23,000 38,485 3,427,270 24,420 4,212,030
--0--
4,212,030 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 .............$ 4,678,665

Postage ...............................$

--0--

Health Insurance Claims .................$ 134,990,000

Total Funds Budgeted ...................$ 139,668,665

Other Health Insurance Agency Funds ......$

--0--

Employer and Employee Contributions .....$ 139,668,665

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 ...............$ Total Funds Budgeted ...................$

675,150 16,510 5,475 --0-- 8,000 1,615 63,995 --0-- 14,440 --0-- 3,330
-- 0-- 788,515

2690

JOURNAL OF THE SENATE

Agency Assessments ....................$ Employer and Employee Contributions .....$ Deferred Compensation .................$ Total Positions Budgeted

615,920 144,011 28,584
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

283,750 13,825 9,200 --0-- 14,630 --0-- --0--
178,950 5,385
49,960 3,665
559,365 559,365
8

Budget Unit Object Classes:

Personal Services .......................$ 3,550,000

Regular Operating Expenses ..............$

101,675

Travel. ...............................$

56,195

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$

116,170

Equipment Purchases ...................$

11,865

Computer Charges. .....................$ 1,097,600

Real Estate Rentals. .....................$ 201,950

Telecommunications ....................$

101,015

Per Diem, Fees and Contracts .............$ 8,287,195

Postage ...............................$

114,150

Federal Sub-grants to

State and Local Agencies ...............$

--0--

Health Insurance Claim Payments .........$ 134,990,000

Total Positions Budgeted

166

Authorized Motor Vehicles

0

Provided, that it is the intent of this General Assembly that the employer contribution 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 Re quired Local Effort.

Section 32. Department of Natural Resources. A. Budget Unit: Department of Natural Resources.! 48,475,732

MONDAY, MARCH 22, 1982

2691

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

1,925,800 183,504 19,500 --0-- 187,290 7,900 171,325 153,542 70,714 68,500 96,800 75,000
2,959,875
40,000 2,866,676
84

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-
Consolidated Maintenance. .............$ Capital Outlay--Heritage
Trust--Wildlife Management Area Land Acquisition .................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

11,465,687 3,293,350
93,775 698,012
80,300 345,200
50,800 42,581 221,150 83,155 64,000
8,000
--0-- 433,730
--0--
241,506
350,000 17,471,246
100,000 13,941,989
484

3. Parks, Recreation and Historic Sites Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$

8,211,000 3,614,241
100,323

2692

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 ...............................$ 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 .......................$ Technical Assistance Contract. ............$ Total Funds Budgeted ...................$ Indirect DOASServices Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

177,297 125,000 254,600
17,220 111,392 230,270 185,600 65,000 286,000 1,525,850 300,000 825,000 2,033,000 1,500,000 390,000
-0186,000 50,000
1,200,000 100,000
21,487,793 100,000
12,715,502 394

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

8,703,466 662,987 288,510 36,214 74,300 45,398 128,550 482,560 174,440 682,699 98,000
1,500,000 6,000,000
250,437
125,000 19,252,561 15,983,873
347

5. Coastal Resources Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

755,301 225,911
20,000

MONDAY, MARCH 22, 1982

2693

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

--0-- 28,100
5,231 14,894
--0-- 24,361
8,450 16,900
--0--
2,763
13,000 1,114,911 1,061,900
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

510,884
376,847 887,731 887,731
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--
938,061 938,061 938,061
0

8. Georgia Hazardous Waste Management Authority Budget:
Payments to Georgia Hazardous Waste Management Authority ...........$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

80,000 80,000 80,000
0

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

31,061,254 7,979,993 522,108 911,523 494,990

2694

JOURNAL OF THE SENATE

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. ..........$ Georgia Sports Hall of Fame ..............$ Capital Outlay--Heritage Trust--Wildlife Management Area Land Acquisition .................$ Payments to Georgia Hazardous Waste Management Authority ...........$ Capital Outlay -- User Fee Enhancements .......................$ Capital Outlay -- Buoy Maintenance. ........................$ Capital OutlayConsolidated Maintenance. .............$ Technical Assistance Contract. ............$ Total Positions Budgeted Authorized Motor Vehicles

658,329 382,789 790,075 720,935 1,028,404 340,700 1,500,000 390,000
--0-- 6,000,000 1,500,000
250,437
125,000 8,000
719,730
1,528,613 300,000 75,000
2,033,000 825,000
510,884
376,847
--0--
938,061 186,000 50,000
350,000
80,000
1,200,000
13,000
241,506 100,000
1,338 1,017

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.

MONDAY, MARCH 22, 1982

2695

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 $5,000,000 is designated and committed for grants to local govern ments for water and sewer projects utilizing a max imum State match of 50% of the total cost of each proj ect. Provided, further that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
Provided that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
B. Budget Unit: Authorities ..........................$
1. Lake Lanier Islands Development Authority Budget:
Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Campground Sinking Fund ...............$ Promotion Expenses ....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
2. Jekyll Island State Park Authority Budget:
Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$

--0--
1,508,000 581,500 5,950 34,500 42,000 77,160 --0-- --0-- 39,000 27,500 731,194 --0-- --0--
3,046,804 --0-- 63
2,339,866 1,724,023
18,954 60,000 18,688 203,730 20,000
--0-- 37,978 63,300

2696

JOURNAL OF THE SENATE

Mortgage Payments .....................$ Capital Outlay .........................$ Promotion Expenses ....................$ Payments to the Department
of Natural Resources ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Georgia Hazardous Waste Management Authority Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment ............................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Promotion Expense .....................$ Campground Sinking Fund ...............$ Payments to the Department
of Natural Resources ..................$ Mortgage Payments .....................$ Total Positions Budgeted Authorized Motor Vehicles
It is the intent of this General Assembly that Lake Lanier Islands Development Authority shall not be free to borrow money until the Authority requests and ob tains the approval of the Georgia State Financing and Investment Commission.

--0-- 1,928,061
--0--
40,000 6,454,600
-0162
--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- 80,000 --0-- 80,000 --0--
0
3,847,866 2,305,523
24,904 94,500 60,688 280,890 20,000
--0-- 76,978 170,800 2,659,255
--0-- --0--
40,000 --0-- 225 91

MONDAY, MARCH 22, 1982

2697

Section 33. Department of Offender Rehabilitation.

A. Budget Unit: Department of Offender Rehabilitation. .......................$ 115,580,119

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 ...................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

3,281,300 260,315 60,030 --0-- --0-- 19,300 546,104 225,000 170,400 491,245 --0--
5,053,694 415,000
4,590,399 148

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

1,229,070 116,410 770 --0-- --0-- 20,205 --0-- --0-- 13,500 --0-- 111,680
1,491,635 1,476,720
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 ..............................$

4,979,860 714,487 7,854 --0-- 2,899 40,664 --0-- 30 42,470 2,400 496,500

2698

JOURNAL OF THE SENATE

Health Service Purchases. ................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

64,606 6,351,770 6,289,320
303

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

1,233,921 57,130 3,400 --0-- --0-- 4,920 --0-- --0-- 4,000 --0-- --0--
1,303,371 1,088,450
50

5. Georgia Diagnostic and Classification Center Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Health Service Purchases. ................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

4,794,844 652,807 2,200 --0-- --0-- 20,644 --0-- --0-- 39,645 3,300 478,000 67,835
6,059,275 5,999,360
288

6. Georgia State Prison Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$

10,921,560 818,075 7,750 --0-- --0-- 153,600 --0-- --0-- 73,800 63,800
1,200,000

MONDAY, MARCH 22, 1982

2699

Capital Outlay .........................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 13,238,585
35,000 13,046,450
676

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

3,706,085 383,475 4,465 --0-- --0-- 38,305 --0-- --0-- 43,750 12,000 314,400
4,502,480 4,335,805
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

1,861,500 184,415 2,500 --0-- --0-- 2,450 --0-- --0-- 24,100 --0-- 200,000
2,274,965 2,252,215
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

1,086,900 140,760 1,450 --0-- --0-- 11,850 --0-- --0-- 14,000 3,360 124,600 --0--
1,382,920 1,369,090
59

2700

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

1,089,880 166,650 2,600 --0-- --0-- 22,660 --0-- --0-- 18,500 --0-- 121,500
1,421,790 1,407,575
62
1,845,226 101,378 200 --0-- --0-- 4,556 --0-- --0-- --0-- --0-- --0--
1,951,360 1,931,845
110
2,432,800 230,570 1,500 --0-- --0-- 1,105 --0-- --0-- 13,000 --0-- 230,000
2,908,975 2,879,885
140

MONDAY, MARCH 22, 1982

2701

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 ..............................$ Health Service Purchases. ................$ 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 ..............................$

4,109,915 543,727 4,300 --0----0-- 61,495 --0-- 3,960 93,486 --0-- 200,000 44,000
404,000 5,464,883 5,410,675
240
2,231,170 204,250 2,075 --0-- --0-- 7,645 --0-- --0-- 15,750 --0-- 212,000
2,672,890 2,646,160
135
1,638,580 95,100 --0-- --0-- --0-- 785 --0-- --0-- --0-- --0-- -0-

2702

JOURNAL OF THE SENATE

Payments to Central State Hospital for Utilities ...................$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$
Total Positions Budgeted

--0-- 1,734,465 1,717,120
97

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 ..............................$ 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 ..............................$ 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 ....................$

2,881,881 360,125 2,580 --0-- --0-- 11,904 --0-- 8,700 34,000 10,000 51,040 210,000
3,570,230 3,535,040
184
2,788,790 470,632 5,993 --0-- 3,201 8,760 --0-- 5,000 37,000 10,800 94,969 209,000
3,634,145 3,529,455
177
2,656,129 195,791 54,900 --0-- --0-- 6,627 --0-- 3,000 26,270

MONDAY, MARCH 22, 1982

2703

Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$
Total Positions Budgeted

97,000 --0--
3,039,717 3,009,628
125

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. .................$ Payments to Jails for State
Prisoner Medical Costs. ................$ Court Costs ...........................$ Inmate Release Funds ...................$ County Subsidy ........................$ County Subsidy for Jails. .................$ Revolving Fund for County
Workcamp Construction ...............$ Central Repair Fund ....................$ Grants for County Workcamp
Construction. ........................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

92,200 1,085,980
15,000 --0--
145,000 217,220
--0-- --0-- --0-- --0-- --0-- 840,000
219,000 264,000 630,000 6,761,625 912,500
92,072 500,000
155,000 --0--
11,929,597 11,735,842
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

663,000 166,700 117,000
--0-- 2,600 10,000 --0-- 34,000 16,000 --0-- 18,000 1,027,300 1,017,027
32

2704

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

420,000 14,100 --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
434,100 --0-- 26
2,357,700 3,812,540
4,850 --0-- --0-- 165,000 --0-- --0-- 9,000 --0-- --0-- --0--
1,401,635
45,000 7,795,725 7,336,088
154
600,000 2,921,800
--0-- --0-- --0-- 60,000 --0-- --0-- --0-- 49,900 --0-- --0-- 3,631,700 3,565,685
33

MONDAY, MARCH 22, 1982

2705

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 ..............................$ Health Service Purchases. ................$ 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 .............$ Utilities ..............................$ Health Service Purchases. ................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,700,917 276,240 2,000 --0-- --0-- 9,369 --0-- 6,000 23,000 36,000 175,000 41,554
2,270,080 2,243,895
146
2,124,900 216,820 6,000 --0-- --0-- 15,300 --0-- 201,800 32,800 5,800 221,000 -0-
2,824,420 2,796,175
119
3,565,805 947,700 6,000 --0-- --0-- 7,600 --0-- 8,700 30,950 4,800 330,000
1,147,000 6,048,555 5,991,740
289

2706

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

3,080,400 675,550 --0-- --0-- --0-- 36,850 --0-- --0-- 2,500 --0-- --0--
6,606,000 10,401,300 10,363,345
145

28. Middle Georgia Correctional Institution--Rivers 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 .............$ Payments to Central State
Hospital for Utilities ...................$ Payments to Central State
Hospital for Meals ....................$ Health Service Purchases. ................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,418,360 318,000 2,000 --0-- --0-- 7,500 --0-- 6,900 36,000 4,800
277,600
528,885 445,795 4,045,840 4,015,130
188

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 ....................$

71,792,693 16,131,527
317,417 --0--
153,700 966,314 546,104 503,090 813,921 795,205 4,851,680
1,930,520

MONDAY, MARCH 22, 1982

2707

Payments to Central State Hospital for Utilities ...................$
Payments to Jails for State Prisoner Medical Costs. ................$
Court Costs ...........................$ Inmate Release Funds ...................$ Revolving Fund for County
Workcamp Construction ...............$ County Subsidy ........................$ County Subsidy for Jails. .................$ Grants for County Workcamp
Construction .........................$ 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.
Provided, that of the above appropriation relating to the revolving fund and grants for county workcamp construction, the State shall provide no more than fifty percent of the total construction cost.
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 .............$

726,600 219,000 264,000 630,000
92,072 6,761,625
912,500 155,000 8,562,799 500,000 840,000
--0-- 4,323
406
5,467,737
4,755,000 132,980 216,770 95,000 15,500 9,437 12,000 127,620 109,000 11,200

2708

JOURNAL OF THE SENATE

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 ....................$ Per Diem, Fees and Contracts .............$ Cost of Sales ...........................$

37,200 5,521,707 5,467,737
237
4,755,000 132,980 216,770 95,000 15,500 9,437 12,000 127,620 109,000 11,200 37,200 237 15
--0--
1,479,910 588,400 39,800 --0-- --0-- 369,000 1,800 24,300 41,900 119,100
3,938,000 84,000 --0--
6,686,210 --0-- 66
1,479,910 588,400 39,800 --0-- --0-- 369,000 1,800 24,300 41,900 119,100
3,938,000

MONDAY, MARCH 22, 1982

2709

Repayment of Prior Year's Appropriations ... $ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

84,000 --0-- 66 16

D. Budget Unit: Probation Division Operations ..........................$ 16,361,658

1. Probation Operations Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Utilities ..............................$ Per Diem, Fees and Contracts .............$ Grants for Independent
Probation Systems ....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

11,897,352 337,280 256,470 --0-- --0-- 66,890 --0-- 254,250 186,780 5,500 8,000
450,000 13,462,522 13,337,712
642

2. Diversion Centers Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Utilities ..............................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,790,305 211,195 17,300 --0-- --0-- 69,096 --0-- 258,310 44,000 170,000 14,000
3,574,206 3,023,946
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 ....................$ Utilities ..............................$

14,687,657 548,475 273,770 --0-- --0-- 135,986 --0-- 512,560 230,780 175,500

2710

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts .............$ Grants for Independent
Probation Systems ....................$ Total Positions Budgeted Authorized Motor Vehicles

22,000
450,000 799 90

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

49,233,425
351,437 25,400 17,500 16,000
6,000 800
9,250 40,200 18,000
--0-- 4,500 489,087 121,049
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 DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

3,547,005 1,372,164
86,000 --0--
135,000 5,000 --0-- --0--
130,000 70,440 40,000 5,385,609
--0-- 5,297,417
175

3. Driver Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$

5,390,333
218,468 3,500 --0--
671,000 11,855
2,248,214 6,198

MONDAY, MARCH 22, 1982

2711

Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Conviction Reports .....................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

47,200 500
570,000 180,000
--0-- 9,347,268 1,500,000 7,764,020
316

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

24,394,355 4,743,788 19,000 2,588,166 200,000 227,563 --0-- 1,896 250,000 7,900 36,000 --0-- 32,468,668 150,000 31,993,812 981

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 ...............................$ Peace Officers Training
Grants ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

625,126 84,483 25,000 22,500 15,800 --0-- 40,100 45,000 19,000 15,200 4,800
1,595,026 2,492,035 2,483,065
25

6. Police Academy:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

432,000 122,750
6,300 7,500 13,200

2712

JOURNAL OF THE SENATE

Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
7. Fire Academy:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ 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 Firelighter 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. .....................$

3,480 12,598
-- 0-- 9,300 117,000 2,400 726,528 696,619
16
267,931 38,600 12,000 17,500 2,800 15,000 70,920 15,182 7,500 75,000 5,500
527,933 493,663
12
110,631 10,140 8,700 7,500 2,500 2,000 --0-- 3,000 3,600 2,500 1,100
151,671 150,154
4
107,898 15,300 10,000 7,500 1,500 --0-- --0-- --0--

MONDAY, MARCH 22, 1982

2713

Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,800 18,840
1,000 164,838 163,190
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

57,892 850
3,000 --0--
200 --0-- --0-- 3,500 3,000 2,500 --0-- 70,942
70,436 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 .....................$ Peace Officers Training Grant. ............$ Capital Outlay .........................$ Total Positions Budgeted .................$ Authorized Motor Vehicles ...............$

35,284,608 6,631,943
191,000 2,666,666 1,048,000
265,698 2,381,082
114,976 490,400 309,880 665,300 180,000 1,595,026
--0-- 1,548 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.

2714

JOURNAL OF THE SENATE

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 ....................$ 11,983,100

Departmental Operations Budget:
Payments to Employees' Retirement System ....................$
Employer Contributions .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

165,000 11,818,100 11,983,100 11,983,100

Budget Unit Object Classes:
Payments to Employees' Retirement System ....................$
Employer Contributions .................$

165,000 11,818,100

Section 36. Public Service Commission.

Budget Unit: Public Service Commission .........................$ 3,854,967

1. Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

712,641 35,634 10,000

MONDAY, MARCH 22, 1982

2715

Motor Vehicle Equipment Purchases .......$ Publications 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-- 1,500 8,040 2,500 64,275 28,745 14,500 877,835 868,067
23
937,279 156,229 48,079 26,400
10,000 3,990 104,000 80,702 24,150 15,250 1,406,079 1,392,801
48
1,334,359 60,190 85,000 18,000 2,500 6,105 19,096 46,216 34,335 100,000
1,705,801 1,594,099
53
2,984,279 252,053 143,079 44,400 14,000 18,135 125,596 191,193 87,230 129,750 124 26

2716

JOURNAL OF THE SENATE

Section 37. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions .......$ 509,967,152

1. Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs. ............$ 392,339,292 Sponsored Operations .................$ 63,840,000
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$ 105,818,808 Sponsored Operations .................$ 50,160,000
Office of Minority Business Enterprise ...................$ 240,171
Special Desegregation Programs ...........$ 258,422 Satellite Medical Facility
Program ............................$ 500,000 Teachers' Retirement. ...................$ 46,418,169 Authority Lease Rentals. .................$ 16,367,000 Capital Outlay .........................$ 845,000 Total Funds Budgeted ...................$ 676,786,862

Less Agency Funds:

Departmental Income ...................$ 14,600,000

Sponsored Income ......................$ 114,000,000

Other Funds ...........................$ 107,093,800

Auxiliary Income .......................$ 2,782,000

Indirect Communication Charges ..........$ 3,027,300

State Funds Budgeted ...................$ 435,283,762

Total Positions Budgeted

16,329

Provided, that from appropriated funds in A, the amount of $16,367,000 in F.Y. 1983 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

MONDAY, MARCH 22, 1982
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 $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcom mittees of the House and Senate, except that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. Provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.
Provided, further, it is the intent of this General Assembly that the 1 Vz % Personal Services continua tion factor incorporated into the Resident Instruction appropriation in this Appropriations Act be utilized to provide 2 Vz % merit-type increases.
Provided, the State Board of Regents shall be per mitted to use available surplus from the Resident In struction Budget Unit for Capital Outlay and Equip ment Purchases only.
2. Marine Resources Extension Center Budget:
Personal Services: Educ., Gen., and Dept. Svcs. ............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$ Sponsored Operations .................$
Total Funds Budgeted ...................$
Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$

2717
549,000 --0--
278,000 --0--
827,000 --0-- --0--
129,000

2718

JOURNAL OF THE SENATE

Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

9,800 688,200
26

3. Skidaway Institute of Oceanography 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

722,000 675,000
544,000 875,000 2,816,000
--0-- 1,550,000
332,000 --0--
934,000 33

4. Marine Institute Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Total Funds Budgeted ...................$

338,000 154,750
181,000 120,250 794,000

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 275,000
7,000 --0-- 512,000
20

5. Engineering Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Agricultural Research ...................$ Total Funds Budgeted ...................$

8,926,510 21,600,000
6,900,954 17,891,438
416,641 55,735,543

Less Agency Funds:

Departmental Income ...................$

--0--

Sponsored Income ......................$ 39,491,438

MONDAY, MARCH 22, 1982

2719

Other Funds. ..........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

10,875,787 117,600
5,250,718 312

6. Engineering Extension Division Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$ Sponsored Operations .................$
Advanced Technology Development Center .................$
Total Funds Budgeted ...................$

1,043,694 35,000
711,031 15,000
407,079 2,211,804

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 50,000 1,183,894 12,200 965,710
37

7. Agricultural Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Capital Outlay .........................$ Total Funds Budgeted ...................$

17,750,364 3,700,000
7,664,220 2,000,000
--0-- 31,114,584

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 5,700,000 6,576,200
95,900 18,742,484
855

8. Cooperative Extension Service Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$ Sponsored Operations .................$
Total Funds Budgeted ...................$

20,239,127 4,590,000
3,174,525 2,010,000 30,013,652

2720

JOURNAL OF THE SENATE

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 6,600,000 5,205,000
126,700 18,081,952
960

9. Eugene Talmadge Memorial Hospital Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$ Capital Outlay -- ETMH Renovations. .......................$
Total Funds Budgeted ...................$

42,300,689 2,377,513
19,035,532 611,238
--0-- 64,324,972

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Board of Corrections ....................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

1,125,099 2,988,751 35,788,497 1,557,264
193,500 22,671,861
2,902

10. Veterinary Medicine Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Agricultural Research ...................$ Disease Research .......................$ Fire Ant Research ......................$ Total Funds Budgeted ...................$

856,000 --0--
405,236 --0--
300,000 --0--
150,000 1,711,236

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- --0-- --0-- --0-- 1,711,236
45

MONDAY, MARCH 22, 1982

2721

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 DO AS 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, $185,000 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 ...................$

775,886 --0--
883,567 --0--
1,659,453
--0-- --0-- 1,295,000 --0-- 364,453
69
106,426 92,778 2,060,000 1,785,000 150,000 185,000 4,379,204 4,379,204
4
551,528 --0--
292,420 --0--
843,948

2722

JOURNAL OF THE SENATE

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

-- 0-- --0-- 462,376 --0-- 381,572
34

Budget Unit Object Classes:

Personal Services:

Educ., Gen., and Dept. Svcs. ............$ 486,498,516

Sponsored Operations .................$ 96,972,263

Operating Expenses:

Educ., Gen., and Dept. Svcs .............$ 145,982,071

Sponsored Operations .................$ 73,682,926

Office of Minority

Business Enterprise ...................$ 240,171

Special Desegregation Programs ...........$ 258,422

Satellite Medical Facility

Program ............................$ 500,000

Fire Ant Research ......................$

150,000

Agricultural Research ...................$ 716,641

Disease Research .......................$

--0--

Advanced Technology

Development Center ..................$ 407,079

Capitation Contracts for

Family Practice Residency ..............$ 2,060,000

New Program Development

Contracts for Family

Practice Residency ....................$

150,000

Residency Capitation Grants ..............$ 1,785,000

Student Preceptorships ..................$

185,000

Teachers' Retirement. ...................$ 46,418,169

Authority Lease Rentals. .................$ 16,367,000

Capital Outlay -- ETMH Renovations .......$

--0--

Capital Outlay .........................$ 845,000

Total Positions Budgeted

21,626

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. ................$

16,363,711
2,717,000 703,960
5,402,833 547,500 500,000 200,000
6,136,628

MONDAY, MARCH 22, 1982

2723

Rental Payments to Georgia Military College ......................$
Central Savannah River Area Business League......................$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

190,000
--0-- 16,397,921 16,363,711
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

2,717,000 703,960
5,402,833 547,500 500,000 200,000
6,136,628
190,000
--0-- 98 0

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $796 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.

C. Budget Unit: Georgia Public Telecommunications Commission. .............$
Public Telecommunications Commission Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Total Funds Budgeted ...................$

4,077,642
2,696,760 --0--
2,675,520 --0--
5,372,280

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DO AS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- --0-- 1,294,638 --0-- 4,077,642
137

Budget Unit Object Classes:
Personal Services .......................$ Operating Expenses .....................$ Total Positions Budgeted Authorized Motor Vehicles

2,696,760 2,675,520
137 14

2724

JOURNAL OF THE SENATE

Section 38. Department of Revenue.
Budget Unit: Department of Revenue. .........$
1. Departmental Administration Budget:
Personal Services .......................$ County Tax Officials/Retirement
and PICA. ...........................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Total Funds Budgeted ...................$ Indirect Georgia Building
Authority Rents ......................$ State Funds Budgeted ...................$ Total Positions Bdgeted

34,227,040
978,100
610,000 96,926 19,000 7,250 17,000 2,685 20,000 --0-- 23,000 3,000 150
1,777,111
--0-- 1,765,440
33

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

4,582,066 250,850 7,000 --0-- 416,380 75,500
2,636,013 --0--
85,000 --0--
1,122,000 71,500 --0--
9,246,309 1,316,049 7,864,252
256

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,122,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the pro duction of at least 1,100,000 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.

MONDAY, MARCH 22, 1982

2725

3. Property Tax Budget:
Personal Services ._.....................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Loans to Counties/Property
Reevaluation. ........................$ Grants to Counties/Appraisal
Staff. ...............................$ Intangible Tax
Equalization Fund. ....................$ Postage ...............................$ Total Funds Budgeted ...................$ Repayment of Loans to
Counties/Property Reevaluation .........$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted
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 .............$

1,208,000 49,453 74,000 21,750 86,500 1,600 311,288 --0-- 21,200 145,000
--0--
1,430,000
--0-- 12,500 3,361,291
--0-- 288,400 3,054,358
62
1,444,000 16,704 3,725 --0-- 70,550 6,190
550,000 --0--
26,000 --0--
100,500 2,217,669
352,000 1,863,056
85
665,000 5,300 1,500 --0--
53,000 3,650
264,843 --0--
13,300 --0--

2726

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-- 1,006,593
187,375 809,382
37
2,591,332 44,600 3,000 --0-- 355,000 20,700
2,172,784 --0--
43,417 --0--
296,576 5,527,409 1,533,590 3,993,819
127
2,429,000 14,820
470,500 --0-- 3,200 2,800 7,650 --0--
19,030 --0-- 75
2,947,075 2,947,075
82
6,483,000 198,365 297,000 29,995 49,200 23,202 238,949 225,165 200,000 --0-- 64,300
7,809,176

MONDAY, MARCH 22, 1982

2727

Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

167,586 7,641,590
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

1,329,925 208,980 1,500 --0-- 336,000 37,600 183,055 852,872 13,700 --0--
1,364,029 4,327,661
--0-- 4,288,068
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

21,710,423
610,000 885,998 877,225
58,995 1,386,830
173,927 6,384,582 1,078,037
444,647 148,000
--0-- 1,430,000 1,122,000
71,500 --0--
1,838,130 1,058 60

Section 39. Secretary of State.

A. Budget Unit: Secretary of State .............$
1. Occupational Certification Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

12,665,160
2,593,751 832,380 115,172

2728

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

21,600 104,000 28,081 95,000 319,241 93,043 377,285 145,000 4,724,553 4,677,507
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. ......$ Pest Control. ..............$ Pharmacy. ................ 5 Physical Therapy. ..........$ Podiatry ..................$ Polygraph Examiners .......$ Practical Nursing. ..........$
Private Detective. ..........$ Psychologists. .............$ Recreation ................$ Sanitarian. ................$ Speech Pathology ..........$ Used Car Dealers. ..........$ UsedCarParts. ............$ Veterinary ................$ Wastewater ...............$

Board Costs
130,775 37,530
820 3,810 8,965 6,655 51,870 23,270 39,240 57,935 2,530 16,162 1,965 4,410 7,165 1,880
--0-- 212,475
10,925 118,275
5,470 6,305 1,750 6,980 66,435 10,770 1,845 1,460 62,735 14,740 19,100 2,815 4,740 3,485 10,120 4,350 20,500 7,190

Cost of

Operations

$ 230,390

$ 98,974

$

1,368

$ 30,320

$ 171,028

$ 39,907

$ 256,399

$ 632,753

$ 203,956

$ 271,011

$ 21,412

$ 123,972

$ 15,721

$ 24,290

$ 16,507

$ 14,469

$

--0--

$ 767,090

$ 22,682

$ 650,566

$ 27,381

$ 27,674

$

7,699

$ 68,529

$ 330,733

$ 21,773

$ 13,203

$ 10,979

$ 339,517

$ 247,672

$ 48,517

$ 19,274

$ 17,172

$ 14,352

$ 158,781

$ 31,924

$ 61,135

$ 53,283

MONDAY, MARCH 22, 1982

2729

Well Water ...............$ Administration ............$ Investigative ..............$ Total. ....................$

7,294 --0-- --0-- 994,741

$ 20,003

$

--0--

$

--0--

$ 5,112,416

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 .............$ Postage...............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

461,542 34,198 8,110 21,600 4,000 1,350 47,915 17,290 10,982
2,100 400
609,487 603,807
18

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

538,846 21,204
3,763 --0-- 21,250 2,330 74,500 81,480 32,520 --0-- 36,000 811,893 804,196
32

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 .............$ Postage. ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

423,500 37,335 25,000 14,400 300 200 --0-- 5,782 7,545 2,500 2,500
519,062 513,871
15

2730

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 .........................$ Postage. ..............................$ 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 .............$ Postage. ..............................$ 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

1,893,509 244,386 43,913 --0-- 24,000 60,651 --0-- 30,386 53,201 2,000 --0-- 21,042
1,276,000 3,649,088 3,588,268
91
559,666 35,464 2,257 --0-- 118,608 3,300 12,047 6,085 18,296 3,720 27,411
786,854 779,106
29
739,983 63,084 4,624 --0-- 76,180 3,062 12,000 21,240 22,958 1,025 27,554
971,710 962,193
35

MONDAY, MARCH 22, 1982

2731

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 .............$ Postage. ..............................$ 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 .............$ Postage ...............................$ 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

77,298 5,199 3,230 --0-- 7,000 --0-- --0-- 10,496 2,570 4,660 3,800
114,253 113,110
3
192,730 18,438 2,259 --0-- 6,300 --0-- --0-- --0-- 4,619 1,050 4,000
400,000 629,396 623,102
8
7,480,825 1,291,688
208,328 57,600
361,638 98,974
241,462 492,000 245,734 394,340 400,000 267,707
--0-- 1,276,000
367 70

2732

JOURNAL OF THE SENATE

Provided, however, that the Secretary of State is hereby authorized to expend up to $24,176 of Elections Expense for Real Estate Rentals.
B. Budget Unit: Real Estate Commission .......$
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

930,661
485,000 156,322 12,000 35,500 32,000
8,680 82,800 35,000 15,854 76,300 939,456 930,661
27

Real Estate Commission Functional Budget

State Funds Real Estate Commission .....$ 930,661

Cost of

Operations Pos.

$ 971,611

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

485,000 156,322
12,000 35,500 32,000
8,680 82,800 35,000 15,854 76,300
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. ...............................$

15,199,146
1,762,494 150,225 48,400

MONDAY, MARCH 22, 1982

2733

Motor Vehicle Equipment Purchases .......$ Publications 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-- 55,000 56,335 112,160 217,295 62,040 54,500 2,518,449
--0-- 89

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees. .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

426,500 426,500 376,500
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

3,151,496 11,100,000 3,977,915
149,050
24,000
51,000 18,453,461 14,822,646
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 ........................$

1,762,494 150,225 48,400 --0-- 55,000 56,335 112,160 217,295 62,040 54,500 426,500
3,151,496 11,100,000 3,977,915
24,000
149,050

2734

JOURNAL OF THE SENATE
Georgia Military Scholarship Grants ..............................$
Total Positions Budgeted Authorized Motor Vehicles
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 (Code Sections 20-3-370 through 20-3-375). 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 (Code Section 20-3-374), to wit: (a) an amount not less than $1,435,000 is designated and committed for the pur pose 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 ex ceed $360,000 is designated and committed for the pur pose of providing cancellable loans to classroom teachers seeking special education training; and (d) an amount not to exceed $40,000 is designated and com mitted for the purpose of providing cancellable loans to students who are to become agricultural 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 (Code Sections 20-3-390 and 20-3-391).
Provided, that the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $700 per academic year, and for payment of grants for the 1982 summer school quarter or semester, to undergraduate students attending private colleges in Georgia as provided for in Article 5 of Code Chapter 32-37 (Code Sections 20-3-410 through 20-3-416).

51,000 89 1

MONDAY, MARCH 22, 1982
Provided, that the above appropriated amount rel ative to North Georgia ROTC Grants provides for pay ment of grants to eligible students as provided for in Article 6 of Code Chapter 32-37 (Code Sections 20-3-430 through 20-3-436).
Provided, that the above appropriated amount relative 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 (Code Sections 20-3-420 through 20-3-437).
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. (Code Sections 20-3-420 through 20-3-437).
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 (Code Section 20-3-273), and loan discount fee payments to lenders as provided for in Code Section 32-3315 (Code Section 20-3-274).
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 (Code Section 20-3-272) and Code Sec tion 32-3710 (Code Section 20-3-319).
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 ....................$

2735
833,026 381,268
39,532
39,000 -0-
16,286 2,900 -020,885 10,089

2736

JOURNAL OF THE SENATE

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
Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Positions Budgeted Authorized Motor Vehicles
Section 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 ...............................$ Cost of Living Increases for
Local Retirement System Members .......$

149,425 659,385 652,791
12
123,612 13,400 9,790 13,000 2,300 800 4,000 3,953 3,200 8,000 182,055 180,235 5
504,880 52,932 48,790 13,000 18,586 3,700 4,000 24,838 13,289 157,425 17 3
9,068,540
1,347,302 67,915 20,600 --0-- 48,825 8,990
386,935 83,300 44,200 165,360 66,600
1,392,000

MONDAY, MARCH 22, 1982

2737

Floor Fund for Local Retirement Systems ...................$
Employer Contributions .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,447,100 6,229,440 11,308,567 9,068,540
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 .............$ Postage ...............................$ Cost of Living Increases for
Local Retirement System Members .......$ Floor Fund for Local
Retirement Systems ...................$ Employer Contributions .................$ Total Positions Budgeted Authorized Motor Vehicles

1,347,302 67,915 20,600 --0-- 48,825 8,990
386,935 83,300 44,200 165,360 66,600
1,392,000
1,447,100 6,229,440
62 1

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 .........................$ Eugene Talmadge Memorial
Bridge Study .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

407,956,876
71,945,408 4,224,287 1,060,000
--0-- 260,000
49,350 --0--
34,415 985,820 6,100,000 351,127,102
200,000 435,986,382 181,888,382
3,049

2738

JOURNAL OF THE SENATE

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 ...................$
4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases .......$ Equipment Purchases ...................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$
5. Assistance to Counties Budget:
Grants to Counties ......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$
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

54,713,987 36,624,032
353,350 --0--
11,000 --0-- --0-- --0--
131,138 1,040,811 67,443,624 160,317,942 158,117,942
3,589
24,873,157
3,714,593 28,587,750 28,587,750
1,000,000 2,200,000
115,000 3,315,000 3,215,000
9,317,013 9,317,013 9,317,013
7,930,518 2,275,113
105,000 --0--
210,528 --0--
829,527 925,000 233,700 190,000 12,699,386 12,699,386
321

MONDAY, MARCH 22, 1982

2739

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 be ing the appropriation payable in lieu of the amount ap propriated herein.
Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authori ty Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, and Grants to Coun ties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.
For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.
For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State High way System of roads and bridges, and the costs inci dent thereto provided all expenditures for county con tracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Pro vided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced bud getary authorization for the letting and execution of highway contracts essential to and included in such In-

2740

JOURNAL OF THE SENATE
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 Gen eral Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation.
For grants to counties for aid in county road con struction and maintenance to be distributed and dis bursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of Code Section 91A-7003 (Code Section 48-14-3) 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 .......................$ Capital Outlay--Paving State and Local Schools and State Institutions. ...........$ Paving State Parks and Historic Sites. ........................$ Capital Outlay -- Paving Farmers Markets. ............................$

305,473 750,000 500,000
35,000

MONDAY, MARCH 22, 1982

2741

Eugene Talmadge Memorial Bridge Study .........................$
Capital Outlay--Railroad Grade Separation .....................$
Maintenance and Betterments Capital Outlay -- Rehabilitation and Improvements -- Off System ..........$

200,000 35,000
10,000,000

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropria tions of an amount equivalent to motor fuel tax revenue required under Article 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 (Code Sections 36-40-41 through 36-40-45).

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. .....................$

505,000 456,100
11,000 --0-- 200 6,000 --0-- 1

2742

JOURNAL OF THE SENATE

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
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. .................$

4,610 500
125,000 1,108,411
710,497 17
639,000 53,070 22,100 --0-- 26,000 600 --0-- --0-- 19,140
464,500
700,000
1,000,000
270,000 705,340 3,899,750 3,649,906
24
454,000 --0--
454,000 454,000
135,733,913 43,632,602
1,551,450 1,000,000
507,728 2,255,950
829,527 959,416 1,374,408 7,795,811 418,810,726 705,340 9,317,000 454,000 9,317,013 24,873,157

MONDAY, MARCH 22, 1982
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 ..........$ Eugene Talmadge Memorial
Bridge Study .........................$ Total Positions Budgeted Authorized Motor Vehicles
For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation services, and for contractual expense for harbor maintenance.
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 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 $454,000 of the above allocation for harbor maintenance payments is designated and com mitted for payment for harbor maintenance and im provements at Savannah.
Provided, further, that the Department of Trans portation is authorized and directed to transfer to Per sonal Services from other object classes such funds as are required to fund the increased Personal Services costs contemplated in this Act, subject only to approval by the Office of Planning and Budget.
Provided that the Department of Transportation is authorized to retain its Bus Rental Income to operate, maintain, and upgrade the department-owned buses.

2743
700,000
3,714,593
1,000,000 270,000 --0--
200,000 7,000 4,800

2744

JOURNAL OF THE SENATE

Section 44. Department of Veterans Services.

Budget Unit: Department of Veterans Service .............................$ 11,378,749

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

3,036,400 94,605 82,200 --0-- 21,000 8,000 100 137,250 64,250 6,000 30,800
3,480,605 3,212,692
155 1

2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Capital Outlay .........................$ Equipment Purchases ...................$ Regular Operating Expenses
for Projects ..........................$ Operating Expenses/Payments to
Central State Hospital. .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

--0-- 50,000
84,380
7,201,545 7,335,925 5,898,555

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 ...................$

--0-- 11,847
--0--
3,037,375 3,049,222 2,267,502

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$

3,036,400 94,605 82,200 --0-- 21,000 69,847 100 137,250

MONDAY, MARCH 22, 1982

2745

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. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
2. Vocational Rehabilitation Budget:
Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

64,250 6,000 -0-- 30,800
7,201,545
3,037,375
84,380 155 1
4,143,311
2,920,124 78,106 40,000 --0-- 38,000 57,850 118,644
365,141 72,270 47,590 51,800
3,789,525 3,738,552
127
311,935 8,620 10,900 --0-- 2,000 3,305 --0--
41,553 7,884 15,600 6,500
408,297 404,759
15

2746

JOURNAL OF THE SENATE

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Positions Budgeted Authorized Motor Vehicles

3,232,059 86,726 50,900 --0-- 40,000 61,155 118,644
406,694 80,154 63,190 58,300 142 1

Section 46. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ........................$

60,200,000

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund(New) ..........................$ 40,044,547

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,645,000 is specifically ap propriated for the purpose of financing a new construc tion program which consists of the acquisition of land (if needed) and the construction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents at the University System through the issuance of not more than $13,500,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $24,273,547 is specifically ap propriated for the purpose of financing a school con struction program throughout the State of Georgia, which will consist of the construction and equipping of school buildings and facilities, including vocational education comprehensive high schools, through the is suance of not more than $89,960,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $8,076,000 is specifically ap propriated for the purpose of financing the expansion of facilities under the control of the Georgia Ports

MONDAY, MARCH 22, 1982
Authority through the issuance of not more than $53,840,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sink ing Fund, $4,050,000 is specifically appropriated for the purpose of financing renovations and im provements of various physical plant facilities of the State Board of Regents of the University System, con struction and equipping of vocational schools and libraries, improvement of hospital facilities, construc tion and equipping of facilities of the Department of Offender Rehabilitation, and improvements of recrea tional facilities at Jekyll Island, through the issuance of not more than $15,000,000 in Principal amount of General Obligation Debt.
Section 47. Energy Conservation. Budget Unit: Energy Conservation
Program ...............................$ Total Funds Budgeted ................$ State Funds Budgeted ............... . $
Section 48. In addition to all other appropriations for the State fiscal year ending June 30, 1983, there is hereby appropriated $2,484,403 for the purpose of pro viding funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $5,634,000 for the purpose of pro viding operating funds for the State physical health lab oratories ($175,000 -- Budget Unit "A") and for State mental health/mental retardation institutions ($5,459,000 -- Budget Unit "C") in the Department of Human Resources. Provided, further, the Office of Planning and Budget is hereby authorized to transfer funds from this section to the Department's budget on a quarterly basis in an amount equal to that which the Department remits to the Fiscal Division of the Depart ment of Administrative Services from agency fund col lections.
Section 49. In addition to all other appropriations for the State fiscal year ending June 30, 1983, there is hereby appropriated $2,100,000 to be allocated to various state agencies for the purpose of paying unemployment compensation payments to former em ployees. Provided, further, the Office of Planning and Budget shall designate the amount to be allotted to each agency from this section, and shall maximize the use of available federal matching funds for this pur pose.

2747
1,786,639 6,073,278 1,786,639

2748

JOURNAL OF THE SENATE
Section 50. There is hereby appropriated $150,000 for the payment of claims authorized by Compensation Resolutions of the Georgia General Assembly. The Office of Planning and Budget is authorized and directed to transfer funds from this ap propriation to appropriate budget units for the purpose of making such payments.
Section 51. Cost-of-Living Increases. In addition to all other appropriations for the fiscal year ending June 30, 1983, there is hereby appropriated $94,400,000 for the purposes described herein: 1) An increase of $624 per annum for full-time employees of the executive, judicial and legislative branch of state government, effective July 1, 1982; 2) For a 5% in crease on the current salary schedule for teachers, public librarians and other instructional and support personnel, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year of experience and permanent certification, ef fective the following month, effective September 1, 1982; 3) For school bus drivers, a 5% salary increase, effective July 1, 1982; 4| For university system employees, a 4.75% salary increase, to be effective September 1, 1982 for academic contracted personnel; 5) A 4.75% salary increase, effective July 1, 1982, for non-academic personnel, and fiscal year contracted personnel of the university system and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Ex periment Stations with a maximum increase of $1,000 per annum for officials and employees of Regents Cen tral Office, and 6} An increase of 4% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as authorized in Section 2 of said Act (Code Section 45-7-4), and for secretaries for whom salaries are set by Act 279 (H.B. 360) of the 1977 Regular Session of the Georgia General Assembly (Code Sections 15-6-25 and 15-18-17), effective July 1, 1982.
Provided, further, that no funds shall be transfer red from this section without prior review and ap proval by the Legislative Budget Office.
Section 52. There is hereby appropriated $13,872,760 for the payment of the State cost of a 2% increase in the employer contribution rate in the Employees Retirement System, to be effective July 1, 1982. The Office of Planning and Budget is authorized and directed to transfer funds from this Section to ap propriate budget units for the purpose of making such payments.

MONDAY, MARCH 22, 1982
Section 53. It is the intent of this General As sembly 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 appropriations in State Fiscal Year 1983 and thereafter.
Section 54. It is the intent of this General As sembly that each and every agency, board, commission and authority receiving appropriations in this Act shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use such vehicles except for official State 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-dis tance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 55. 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

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of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 56. It is the intent of this General As sembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each ac tivity contained in this Appropriations Act.
Section 57. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 58. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.
Section 59. Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services 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 60. 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 State fiscal year ad dressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount suffi cient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such ap propriations.

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2751

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 61. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1982 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.
To the extent that Activity budget totals are in ex cess of Activity fund availabilities as a result of austeri ty reductions applied in this appropriations act, it is the intent of this General Assembly that the budget reduc tions to eliminate such excesses be applied only to common object classes.

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Section 62. Wherever in this Act the term "Bud get Unit Object Classes'' is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1983 submitted to the General Assembly at the 1982 regular session.
Section 63. It is the intent of the General Assem bly 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 64. 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 65. TOTAL APPROPRIATIONS F.Y. 1983 ..........................$ 3,732,000,000.
Section 66. Parenthetical references to Code sec tions following other statutory references refer to the Official Code of Georgia Annotated which will become effective November 1, 1982; and no substantive change is intended by the provision of such references.
Section 67. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 68. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Broun of the 46th moved that the Senate adopt the Conference Com mittee Report on HB 1236.

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2753

Senator Bell of the 5th moved that the Senate stand in recess from 1:40 o'clock P.M. until 3:15 o'clock P.M.

On the motion offered by Senator Bell of the 5th, which takes precedence, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Bond Brannon Brantley Coverdell

Greene Howard Hudgins Kidd Land McGill

Robinson Stumbaugh Summers Sutton Tate Tysinger

Those voting in the negative were Senators:

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

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Holloway Horton Hudson Kennedy Lester

Littlefield McKenzie Reynolds Scott Starr Stephens Thompson Timmons Trulock Turner Walker Wessels

On the motion offered by Senator Bell of the 5th, the yeas were 18, nays 38; the motion was lost, and the Senate did not recess.

On the motion offered by Senator Broun of the 46th, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen 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 Lester Littlefield McGill

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Reynolds Robinson Scott Starr

Stephens Summers Thompson

Timmons Turner Wessels

Those voting in the negative were Senators:

Ballard Bell Bond Brannon
Brantley Engram

Hudgins Kidd Land McKenzie
Stumbaugh

Sutton Tate Trulock Tysinger
Walker

On the motion, the yeas were 40, nays 16; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1236.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendments to the following bill of the House:
HB 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.
The House has disagreed to the Senate amendment to 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 (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.

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2755

The House has disagreed to the Senate substitute to 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 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.

The House insists on its position in amending the following bill of the Senate:

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.

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 bills of the House:

HB 153. By Representatives Moore of the 152nd, Triplett of the 128th, Jackson of the 77th and others:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, so as to change the provisions relative to the definition of a public school employee.

The Speaker has appointed on the part of the House the following members thereof: Representatives Harris of the 8th, Collins of the 144th and Moore of the 152nd.

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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.

The Speaker has appointed on the part of the House the following members thereof: Representatives Watson of the 114th, Dixon of the 151st and Davis of the 99th.

The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House the following members thereof: Representatives Colbert of the 23rd, Rose of the 93rd and Ramsey of the 3rd.

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

HB 1303. By Representative Greer of the 43rd:
A bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pen sions to county employees of said county, so as to provide that in dividuals employed by the Fulton County Department of Family and Children Services after a certain date shall not be authorized to par ticipate in the pension fund established by said Act.

HB 1707. By Representative Dean of the 29th:
A bill to amend an Act creating county building authorities in certain counties having a population of 550,000 or more according to the 1970 United States decennial census or any such future census, so as to redefine project; to authorize the leasing of project to governmental and public and private persons; to redefine the "cost of the project".

MONDAY, MARCH 22, 1982

2757

HB 1811. By Representatives Snow and Hays of the 1st, Foster of the 6th and others:
A bill to amend an Act providing a salary for the court reporter of the Lookout Mountain Judicial Circuit, so as to change the salary of the court reporter.

HB 1840. By Representative Marcus of the 26th:
A bill to provide for a public defender in all counties having a population of 550,000 or more according to the 1980 United States decennial census or any future such census; to provide for a public defender committee; to amend the Official Code of Georgia Annotated accordingly.

HB 1941. By Representative Mullinax of the 69th:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to extend and increase the corporate limits of the City of LaGrange.

HB 1942. By Representative Reaves of the 147th:
A bill to amend an Act relating to fire protection districts in Brooks Coun ty, so as to limit the amount of taxes which may be levied without a referendum.

HB 1943. By Representative Kilgore of the 65th:
A bill to provide for election districts for election to the Board of Educa tion of Douglas County.

HB 1944. By Representative Kilgore of the 65th:
A bill to create a court to be known as the "Magistrate's Court of Douglas County"; to define its jurisdiction and powers; to provide for the appoint ment, duties, and compensation of the presiding officer, who shall be designated "magistrate"; to provide for the appointment, duties, and compensation of deputy magistrates and a clerk.

HB 1945. By Representative Jones of the 78th:
A bill to amend an Act creating the board of commissioners of Butts County, so as to provide for staggered terms of members of the board.

HB 1946. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to amend an Act creating a board of commissioners for Forsyth County, so as to change the dollar amount of purchases which can be made without the necessity of receiving bids.

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HB 1947. By Representatives Fortune and Mostiler of the 71st:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the judges of the superior courts and district attorneys of that judicial circuit.

HB 1948. By Representatives Cummings of the 17th and Montgomery of the 16th:
A bill to repeal an Act establishing the State Court of Polk County, so as to abolish the State Court of Polk County.

HB 1949. By Representatives Karrh of the 106th and Miles of the 107th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Emanuel County, known as the fee system; to provide in lieu thereof an annual salary and to provide for the increase and decrease thereof.

HB 1950. By Representative Bray of the 70th:
A bill to amend an Act incorporating the City of Manchester, so as to change the corporate limits of the city.

HB 1951. By Representative Vaughn of the 57th:
A bill to amend an Act creating the Magistrate's Court of Rockdale Coun ty, so as to change the amount of the fine that the magistrate may impose for any single offense.

HB 1952. By Representatives Mann and Milford of the 13th:
A bill to amend an Act incorporating the City of Maxeys, so as to change the terms of the mayor and councilmen.

HB 1953. By Representatives Buck of the 95th, Cason of the 96th, Rose of the 93rd and others:
A bill to amend an Act establishing the Municipal Court of Columbus, so as to change the provisions relating to the bonds of the clerk and the mar shal of said court.

HB 1956. By Representative Reaves of the 147th:
A bill to fix the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300.

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2759

HB 1957. By Representatives Fortune and Mostiler of the 71st:
A bill to create the Spalding County Water and Sewerage Facilities Authority, to authorize such Authority to acquire, construct, equip, operate, maintain, own and improve self-liquidating projects embracing sources of water supply, the treatment, distribution and sale of water and related facilities to individuals, private concerns, municipal corpora tions and governmental units, the collection, treatment and disposal of sewage waste and storm water, and any related facilities.

HB 1958. By Representative Culpepper of the 98th:
A bill to amend an Act establishing a municipal court in and for the City of Fort Valley, so as to change the provisions relating to penalties impos ed by such court.

HB 1959. By Representatives Karrh of the 106th and Miles of the 107th:
A bill to provide for election of members to the Emanuel County Board of Education; to provide for seven single-member election districts.

HB 1960. By Representative Branch of the 137th:
A bill to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the pro visions relative to the salary of deputy sheriffs.

HB 1961. By Representative Branch of the 137th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Irwin, so as to change the salary provisions relating to the clerk and the secretary.

HB 1962. By Representative Jackson of the 77th:
A bill to amend an Act changing the compensation of coroners in all counties of this State having a population of not less than 22,320 and not more than 22,500 according to the United States decennial census of 1970, or any future such census, so as to change certain population brackets and census references.

HB 1963. By Representative Ross of the 76th:
A bill to amend an Act placing the clerk of the Superior Court of Warren County on an annual salary, so as to change the provisions relative to the compensation of the deputy clerk.

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HB 1357. By Representatives Williams and Foster of the 6th:
A bill to amend an Act incorporating the City of Dalton, so as to revise and consolidate comprehensively the "Mayor and Council of the City of Dalton Employees' Pension Plan".

HB 1964. By Representative Dover of the llth:
A bill to amend an Act creating the office of tax commissioner of Habersham County, so as to change the salary of the tax commissioner, the method of filling vacancies in office, and the required hours of operation of the tax commissioner's office.

HB 1965. By Representatives Walker of the 115th and Culpepper of the 98th:
A bill to amend an Act relating to the State Court of Macon County; so as to change provisions relating to the compensation of the judge and solicitor.

HB 1966. By Representatives Nix, Harrison and Isakson of the 20th and others:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to provide that the board of education of Cobb County may conduct its meetings at any loca tion within Cobb County and, for special purposes, outside the limits of Cobb County.

HB 1967. By Representatives Godbee of the 82nd and Bargeron of the 83rd:
A bill to amend an Act creating the Small Claims Court of Burke County, so as to change provisions relating to the compensation of the judge and fees and costs charged by the court.

HB 1968. By Representatives Johnson, Benefield and Lee of the 72nd and others:
A bill to change the composition of and manner of selection of the members of the board of education of Clayton County; to fix the compen sation of members of the board.

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

HR 718. By Representative Dean of the 29th:
A resolution proposing an amendment to the Constitution so as to authorize, ratify, and affirm the creation by the General Assembly of a building authority of Fulton County; to authorize such authority to enter into certain contracts; authorize the General Assembly to exempt the obligations, properties, activities, or income of such authority from taxa tion; to authorize the General Assembly to provide for the validation of any revenue obligation of such authority.

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2761

HR 774. By Representative Bolster of the 30th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law that exemptions from ad valorem taxation by Fulton County and the City of Atlanta for in ventories of certain goods may apply within urban enterprise zones established by the governing body of the City of Atlanta.

HR 775. By Representative Bolster of the 30th:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may enact legislation treating real prop erty located in an urban enterprise zone as designated by the governing body of the City of Atlanta as a separate class of property in Fulton Coun ty and the City of Atlanta for the purposes of ad valorem taxes levied for city and county purposes.

HR 826. By Representatives Fortune and Mostiler of the 71st:
A resolution proposing an amendment to the Constitution so as to pro vide that the Griffin-Spalding County Board of Education shall be com posed of ten members to be elected from ten education districts by the electors of their respective districts.

HR 828. By Representative Padgett of the 86th:
A resolution creating the Richmond County Merit System Advisory Com mission.

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

SB 165. By Senator Tate of the 38th:
A bill to amend an Act fixing the compensation of the board of commis sioners of counties having a population in excess of 500,000, according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relative to population; to change the maximum amount of compensation which may be paid to such com missioners.

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

SB 458. By Senator Deal of the 49th:
A bill to amend an Act creating the State Court of Hall County, as amend ed, so as to change the compensation provisions relating to the judge and the solicitor of said court.

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

HR 819. By Representative Phillips of the 91st:
A resolution proposing an amendment to the Constitution to provide that for the purposes of all Harris County and Harris County school district ad valorem taxes, homesteads located within Harris County shall be assess ed at 30% of their fair market value if the proposed new Constitution is ratified at the 1982 general election.

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

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 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.

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

SR 38. By Senator Hudson of the 35th:
A resolution proposing an amendment to Article IX of the Constitution so as to authorize the Board of County Commissioners of Fulton County to make grants not to exceed $5,000.00 to certain municipalities located wholly or partially within Fulton County which have a population of not more than 5,000 according to the last or any future federal decennial cen sus for the conduct of recreational programs and activities in such municipalities; to provide for the submission of this amendment for ratification or rejection.

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2763

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.

The President announced that the Senate would stand in recess from 1:45 o'clock P.M. until 3:15 o'clock P.M.

At 3:15 o'clock P.M., the President called the Senate to order.

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

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.

The House amendment was as follows:

Amend SB 479 by adding a new subsection (f) on Page 4 to read as follows:
"(f) Any person who violates any provision of Section 16-13-31, in regard to trafficking in cocaine, illegal drugs or marijuana shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $500,000.00."

Senator Cobb of the 28th moved that the Senate agree to the House amendment to SB 479.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker
Barnes Bell Bowen Brannon Brantley Brown of 47th
Bryant Cobb Coleman Coverdell Dean Eldridge English

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

Those not voting were Senators:

Allgood Bond Broun of 46th Deal

Engram Holloway Hudgins Starr

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

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 479.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Greene of the 26th moved that the Senate adhere to the Senate substitute to HB 1252, and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1252.

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2765

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 Eldridge of the 7th.

The following local bill of the Senate was taken up for the purpose of consider ing the House substitute thereto:

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 House substitute to SB 700 was as follows:

A BILL
To be entitled an Act to amend an Act creating a Small Claims Court in Dooly County, approved March 21, 1968 (Ga. L. 1968, p. 2429), as amended by an Act approved March 23, 1977 (Ga. L. 1977, p. 3655), 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.; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a Small Claims Court in Dooly County, approved March 21, 1968 (Ga. L. 1968, p. 2429), as amended by an Act approved March 23, 1977 (Ga. L. 1977, p. 3655), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. There is created the Small Claims Court of Dooly County. Said court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $2,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, shall include powers granted to justices of the peace by the laws of the State of Georgia."
Section 2. Said Act is further amended by striking Section 7 in its en tirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. The plaintiff, when he files his claim, shall deposit with the Court, the sum of Twenty-two and 50/100 ($22.50) Dollars, which shall cover all costs of the proceedings. If a party shall fail to

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pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be ac cording to the discretion of the judge and shall be taxed in the cause at his discretion."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Bowen of the 13th moved that the Senate agree to the House substitute to SB 700.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 700.

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

HB 1303. By Representative Greer of the 43rd:
A bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pen sions to county employees of said county, so as to provide that in dividuals employed by the Fulton County Department of Family and Children Services after a certain date shall not be authorized to par ticipate in the pension fund established by said Act.
Referred to Committee on County and Urban Affairs.

HB 1707. By Representative Dean of the 29th:
A bill to amend an Act creating county building authorities in certain counties having a population of 550,000 or more according to the 1970 United States decennial census or any such future census, so as to redefine project; to authorize the leasing of project to governmental and public and private persons; to redefine the "cost of the project". Referred to Committee on County and Urban Affairs.
HB 1811. By Representatives Snow and Hays of the 1st, Foster of the 6th and others:
A bill to amend an Act providing a salary for the court reporter of the Lookout Mountain Judicial Circuit, so as to change the salary of the court reporter. Referred to Committee on County and Urban Affairs.

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2767

HB 1840. By Representative Marcus of the 26th:
A bill to provide for a public defender in all counties having a population of 550,000 or more according to the 1980 United States decennial census or any future such census; to provide for a public defender committee; to amend the Official Code of Georgia Annotated accordingly.
Referred to Committee on County and Urban Affairs.

HB 1941. By Representative Mullinax of the 69th:
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 1942. By Representative Reaves of the 147th:
A bill to amend an Act relating to fire protection districts in Brooks Coun ty, so as to limit the amount of taxes which may be levied without a referendum.
Referred to Committee on County and Urban Affairs.

HB 1943. By Representative Kilgore of the 65th:
A bill to provide for election districts for election to the Board of Educa tion of Douglas County. Referred to Committee on County and Urban Affairs.

HB 1944. By Representative Kilgore of the 65th:
A bill to create a court to be known as the "Magistrate's Court of Douglas County"; to define its jurisdiction and powers; to provide for the appoint ment, duties, and compensation of the presiding officer, who shall be designated "magistrate"; to provide for the appointment, duties, and compensation of deputy magistrates and a clerk.
Referred to Committee on County and Urban Affairs.

HB 1945. By Representative Jones of the 78th:
A bill to amend an Act creating the board of commissioners of Butts County, so as to provide for staggered terms of members of the board. Referred to Committee on County and Urban Affairs.

HB 1946. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to amend an Act creating a board of commissioners for Forsyth County, so as to change the dollar amount of purchases which can be made without the necessity of receiving bids.
Referred to Committee on County and Urban Affairs.

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HB 1947. By Representatives Fortune and Mostiler of the 71st:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the judges of the superior courts and district attorneys of that judicial circuit. Referred to Committee on County and Urban Affairs.

HB 1948. By Representatives Cummings of the 17th and Montgomery of the 16th:
A bill to repeal an Act establishing the State Court of Polk County, so as to abolish the State Court of Polk County. Referred to Committee on County and Urban Affairs.

HB 1949. By Representatives Karrh of the 106th and Miles of the 107th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Emanuel County, known as the fee system; to provide in lieu thereof an annual salary and to provide for the increase and decrease thereof.
Referred to Committee on County and Urban Affairs.

HB 1950. By Representative Bray of the 70th:
A bill to amend an Act incorporating the City of Manchester, so as to change the corporate limits of the city. Referred to Committee on County and Urban Affairs.

HB 1951. By Representative Vaughn of the 57th:
A bill to amend an Act creating the Magistrate's Court of Rockdale Coun ty, so as to change the amount of the fine that the magistrate may impose for any single offense. Referred to Committee on County and Urban Affairs.

HB 1952. By Representatives Mann and Milford of the 13th:
A bill to amend an Act incorporating the City of Maxeys, so as to change the terms of the mayor and councilmen. Referred to Committee on County and Urban Affairs.

HB 1953. By Representatives Buck of the 95th, Cason of the 96th, Rose of the 93rd and others:
A bill to amend an Act establishing the Municipal Court of Columbus, so as to change the provisions relating to the bonds of the clerk and the mar shal of said court.
Referred to Committee on County and Urban Affairs.

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2769

HB 1956. By Representative Reaves of the 147th:
A bill to fix the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300. Referred to Committee on County and Urban Affairs.

HB 1957. By Representatives Fortune and Mostiler of the 71st:
A bill to create the Spalding County Water and Sewerage Facilities Authority, to authorize such Authority to acquire, construct, equip, operate, maintain, own and improve self-liquidating projects embracing sources of water supply, the treatment, distribution and sale of water and related facilities to individuals, private concerns, municipal corpora tions and governmental units, the collection, treatment and disposal of sewage waste and storm water, and any related facilities.
Referred to Committee on County and Urban Affairs.

HB 1958. By Representative Culpepper of the 98th:
A bill to amend an Act establishing a municipal court in and for the City of Fort Valley, so as to change the provisions relating to penalties im posed by such court.
Referred to Committee on County and Urban Affairs.

HB 1959. By Representatives Karrh of the 106th and Miles of the 107th:
A bill to provide for election of members to the Emanuel County Board of Education; to provide for seven single-member election districts. Referred to Committee on County and Urban Affairs.

HB 1960. By Representative Branch of the 137th:
A bill to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the pro visions relative to the salary of deputy sheriffs.
Referred to Committee on County and Urban Affairs.

HB 1961. By Representative Branch of the 137th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Irwin, so as to change the salary provisions relating to the clerk and the secretary. Referred to Committee on County and Urban Affairs.

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HB 1962. By Representative Jackson of the 77th:
A bill to amend an Act changing the compensation of coroners in all counties of this State having a population of not less than 22,320 and not more than 22,500 according to the United States decennial census of 1970, or any future such census, so as to change certain population brackets and census references.
Referred to Committee on County and Urban Affairs.

HB 1963. By Representative Ross of the 76th:
A bill to amend an Act placing the clerk of the Superior Court of Warren County on an annual salary, so as to change the provisions relative to the compensation of the deputy clerk. Referred to Committee on County and Urban Affairs.

HB 1357. By Representatives Williams and Foster of the 6th:
A bill to amend an Act incorporating the City of Dalton, so as to revise and consolidate comprehensively the "Mayor and Council of the City of Dalton Employees' Pension Plan". Referred to Committee on County and Urban Affairs.

HB 1964. By Representative Dover of the llth:
A bill to amend an Act creating the office of tax commissioner of Habersham County, so as to change the salary of the tax commissioner, the method of filling vacancies in office, and the required hours of operation of the tax commissioner's office.
Referred to Committee on County and Urban Affairs.

HB 1965. By Representatives Walker of the 115th and Culpepper of the 98th:
A bill to amend an Act relating to the State Court of Macon County; so as to change provisions relating to the compensation of the judge and solicitor.
Referred to Committee on County and Urban Affairs.

HB 1966. By Representatives Nix, Harrison and Isakson of the 20th and others:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to provide that the board of education of Cobb County may conduct its meetings at any loca tion within Cobb County and, for special purposes, outside the limits of Cobb County.

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2771

HB 1967. By Representatives Godbee of the 82nd and Bargeron of the 83rd:
A bill to amend an Act creating the Small Claims Court of Burke County, so as to change provisions relating to the compensation of the judge and fees and costs charged by the court. Referred to Committee on County and Urban Affairs.

HB 1968. By Representatives Johnson, Benefield and Lee of the 72nd and others:
A bill to change the composition of and manner of selection of the members of the board of education of Clayton County; to fix the compen sation of members of the board.
Referred to Committee on County and Urban Affairs.

HR 718. By Representative Dean of the 29th:
A resolution proposing an amendment to the Constitution so as to authorize, ratify and affirm the creation by the General Assembly of a building authority of Fulton County; to authorize such authority to enter into certain contracts; authorize the General Assembly to exempt obliga tions, properties, activities, or income of such authority from taxation; to authorize the General Assembly to provide for the validation of any revenue obligation of such authority.
Referred to Committee on County and Urban Affairs.

HR 774. By Representative Bolster of the 30th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law that exemptions from ad valorem taxation by Fulton County and the City of Atlanta for in ventories of certain goods may apply within urban enterprise zones established by the governing body of the City of Atlanta.
Referred to Committee on County and Urban Affairs.

HR 775. By Representative Bolster of the 30th:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may enact legislation treating real prop erty located in an urban enterprise zone as designated by the governing body of the City of Atlanta as a separate class of property in Fulton Coun ty and the City of Atlanta for the purposes of ad valorem taxes levied for city and county purposes.
Referred to Committee on County and Urban Affairs.

HR 826. By Representatives Fortune and Mostiler of the 71 st:
A resolution proposing an amendment to the Constitution so as to pro vide that the Griffin-Spalding County Board of Education shall be com posed of ten members to be elected from ten education districts by the electors of their respective districts.
Referred to Committee on County and Urban Affairs.

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HR 828. By Representative Padgett of the 86th:
A resolution creating the Richmond County Merit System Advisory Com mission. Referred to Committee on County and Urban Affairs.

HR 819. By Representative Phillips of the 91st:
A resolution proposing an amendment to the Constitution to provide that for the purposes of all Harris County and Harris County school district ad valorem taxes, homesteads located within Harris County shall be assess ed at 30% of their fair market value if the proposed new Constitution is ratified at the 1982 general election.
Referred to Committee on County and Urban Affairs.

The following resolution and bill of the House were taken up for the purpose of considering the House action thereon:

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.

Senator Barnes of the 33rd moved that the Senate insist upon the Senate amend ment to HR 510.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HR 510.

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.

Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 1337.

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2773

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1337.

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 1144. By Representative Harris of the 8th:
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 for herein.

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

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.
Senate Sponsor: Senator Cobb of the 28th.

The Senate Committee on Industry, Labor and .Tourism offered the following substitute to HB 1464:
A BILL
To be entitled an Act to amend Code Title 114, relating to workers' compensation, as amended, so as to provide that the basic rates for policies or contracts of insurance against liability for workers' compensa tion shall be maintained at a certain level; to provide for procedures relative to the foregoing; to provide for hearings and appeals; to change certain provisions relative to the payment of workers' compensation benefits for total disability; to change the provisions relating to occupa tional diseases so as to include byssinosis; to change the definition of the term "occupational disease"; to define the term "byssinosis"; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Title 114, relating to workers' compensation, as amended, is amended by striking Code Section 114-404 in its entirety and inserting in lieu thereof a new Code Section 114-404 to read as follows:
"114-404. Income benefits for total disability. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $135.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage."
Section 2. Said Code Title 114 is further amended by adding a new Code section between Code Sections 114-609 and 114-610, as amended, to be designated Code Section 114-609.1, to read as follows:
"114-609.1. (a) Notwithstanding any other provision of law, all in surers issuing policies or contracts of insurance against the liability for compensation under this chapter shall comply with the following pro visions. Each insurer's basic rate for policies or contracts of insurance against the liability for compensation under this chapter shall not ex ceed the insurer's effective rate approved by and on file with the In surance Commissioner as of July 1, 1982. These rates shall remain in effect until July 1, 1984.
(b) There shall be no exception to the requirements of subsection (a) of this Code section unless the Insurance Commissioner finds, after a hearing upon the written request of an insurer, that the use of the rates required under subsection (a| of this Code section by the in surer will result in rates which are inadequate to the extent that:
(1| Such rates do not properly reflect the insurer's loss experience in this state to the extent that its earned premiums would not equal its incurred losses or expenses; or
(2) Such rates jeopardize the solvency of the insurer required to use such rates.
jc) The insurer shall have the burden of showing that the use of the rate required under subsection (a) of this Code section will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in this state or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data, pertinent judgment, and trend factors, no other reasonable conclusion would be appropriate.

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jd) Upon conclusion of any hearing held pursuant to this chapter, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a decision relieving an insurer from full compliance with this Code section. The provisions of Code Chapter 56-2- shall apply to hearings held under this Code section.
(e) Any insurer appealing from a final order of the Insurance Com missioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Code section. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of 12 percent per annum."
Section 3. Said Code Title 114 is further amended by striking Code Section 114-801 in its entirety and inserting in lieu thereof a new Code Section 114-801 to read as follows:
"114-801. General provisions.--Where the employer and employee are subject to the provisions of the workers' compensation law, the disablement or death of an employee resulting from an oc cupational disease as hereinafter listed and defined, shall be treated as the happening of an injury by accident, and the employee or, in the case of his death, his dependents, shall be entitled to compensation as provided by the workers' compensation law, except as hereinafter provided, and the practice and procedure prescribed in such law shall apply to all the proceedings under this Chapter except as hereinafter otherwise provided: Provided, however, that in no case shall an employer be liable for compensation under the provisions of this Chapter except for a disease specified in section 114-803, and unless such disease arose out of and in the course of employment and has resulted from the nature of the employment in which the employee was engaged under such employer and was actually contracted while engaged, meaning by 'nature of the employment' that to the occupa tion in which the employee was so engaged, there is attached the par ticular hazard of such disease that distinguishes it from the usual run of occupations and is in excess of the hazards of such disease attend ing employment in general, and unless disablement or death results within three years in the case of byssinosis, silicosis or asbestosis or within one year in the case of any other occupational disease after the last injurious exposure to the hazard of such disease in such employ ment, or, in case of death, unless death follows continuous disability from such disease commencing within the period above limited for which compensation has been paid or awarded or timely claim made as provided by the workers' compensation law, and results within seven years after such last exposure. Except, however, in cases of disability or death caused by exposure to X-rays or radioactive substances as listed and defined under section 114-803-2, the time for the filing of such claims shall be within one year after the date upon which the employee first suffered disability from the exposure of Xray and either knew or in the exercise of reasonable diligence should

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have known that the occupational disease was caused by his present or prior employment. Notwithstanding any other provisions of law, in cases of disability or death resulting from byssinosis as defined in subsection (c) of Code Section 114-812, the time for filing claims shall be as provided by this Code Title; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1, 1983, such claims shall be filed prior to July 1, 1984."
Section 4. Said title is further amended by adding at the end of Code Section 114-803 the following:
"6. byssinosis."
Section 5. Said title is further amended by striking Code Section 114-812 in its entirety and inserting in lieu thereof a new Code Section 114-812toreadas follows:
"114-812. Definition of 'silicosis,' 'asbestosis,' and 'byssinosis.'-- (a) Whenever used in this Chapter, 'silicosis' shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy.
(b) Wherever used in this Chapter, 'asbestosis' shall mean a disease of the lungs, caused by breathing asbestos dust, characterized anatomically by generalized fibrotic changes in the lungs, demonstrated by X-ray examination or by autopsy.
(c) Wherever used in this Chapter, 'byssinosis' shall mean a pulmonary disease due to exposure to cotton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pulmonary specialist by the American Board of Internal Medicine."
Part 2
Section 6. Chapter 9 of Title 34 of the Official Code of Georgia An notated, relating to workers' compensation, is amended by adding a new Code section between Code Sections 34-9-130 and 34-9-131, to be designated Code Section 34-9-130.1, to read as follows:
"34-9-130.1 (a) Notwithstanding any other provision of law, all in surers issuing policies or contracts of insurance against the liability for compensation under this chapter shall comply with the following pro visions. Each insurer's basic rate for policies or contracts of insurance against the liability for compensation under this chapter shall not ex ceed the insurer's effective rate approved by and on file with the In surance Commissioner as of July 1, 1982. These rates shall remain in effect until July 1, 1984.
(b) There shall be no exception to the requirements of subsection (a) of this Code section unless the Insurance Commissioner finds, after a hearing upon the written request of an insurer, that the use of the rates required under subsection (a) of this Code section by the in surer will result in rates which are inadequate to the extent that:

MONDAY, MARCH 22, 1982

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(1) Such rates do not properly reflect the insurer's loss experience in this state to the extent that its earned premiums would not equal its incurred losses or expenses; or
(2) Such rates jeopardize the solvency of the insurer required to use such rates.
(c) The insurer shall have the burden of showing that the use of the rate required under subsection (a) of this Code section will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in this state or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data, pertinent judgment, and trend factors, no other reasonable conclusion would be appropriate.
(d) Upon conclusion of any hearing held pursuant to this chapter, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a decision relieving an insurer from full compliance with this Code section. The provisions of Chapter 33-2 shall apply to hearings held under this Code section.
(e) Any insurer appealing from a final order of the Insurance Com missioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Code section. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of 12 percent per annum."
Section 7. Said chapter is further amended by striking Code Section 34-9-261 in its entirety and inserting in lieu thereof a new Code Section 34-9-261 to read as follows:
"34-9-261. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $135.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage."
Section 8. Said chapter is further amended by striking Code Section 34-9-280 in its entirety and inserting in lieu thereof a new Code Section 34-9-280 to read as follows:
"34-9-280. As used in this article, the term:
(1) 'Asbestosis' means a disease of the lungs which is caused by breathing asbestos dust and which is characterized anatomically by generalized fibrotic changes in the lungs as demonstrated by X-ray ex amination or by autopsy.

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(2) 'Disablement' means the event of an employee becoming ac tually incapacitated because of occupational disease from performing his work in the last occupation in which he was injuriously exposed to the hazards of such disease or from performing any work in any other occupation for remuneration. Remuneration for work performed in any other occupation, as herein used, shall mean remuneration which equals or exceeds 33 Vs percent of the average weekly wages of the employee at the time of last injurious exposure, as determined under Code Section 34-9-260, or $20.00 per week, whichever is less. 'Disability' means the state of being so totally incapacitated.
(3) 'Occupational disease' means those diseases listed in this paragraph, but only if any such listed disease is due to causes and con ditions which are characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is ex posed to such disease (excluding all ordinary diseases of life to which the general public is exposed):
(A) Poisoning by:
(i) Arsenic;
(ii) Benzol (benzene);
(iii) Cadmium;
(iv) Carbon disulfide;
(v) Carbon monoxide;
(vi) Chlorine;
(vii| Chromium;
(viii) Cutting compounds;
(ix) Halogenated hydrocarbons;
(x) Hydrochloric acid;
(xi) Hydrocyanic acid;
(xii) Hydrofluoric acid;
(xiii) Hydrogen sulfide;
(xiv) Lead;
(xv) Manganese;
(xvi) Mercury;
(xvii) Methanol (wood alcohol);
(xviii) Nitric acid;

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(xix) Nitrous fumes (oxides of nitrogen);
(xx) Sulfur dioxide;
(xxi) Sulfuric acid; and
jxxii) Zinc;
(B| Diseased condition caused by exposure to X-rays or radioac tive substances;
(C) Asbestosis;
(D) Silicosis;
(E) Byssinosis; and
(F) Other occupational diseases, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compensation (or the medical board, if the matter in controversy is referred to it under Code Section 34-9-311) all of the following:
(i) A direct causal connection between the conditions under which the work is performed and the disease;
(ii) That the disease followed as a natural incident of exposure by reason of the employment;
(iii) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment;
(iv) That the disease is not an ordinary disease of life to which the general public is exposed;
(v) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence.
For the purposes of this subparagraph, partial loss of hearing due to noise shall not be considered an occupational disease.
(4) 'Silicosis' means a disease of the lungs which is caused by breathing silica dust (silicon dioxide) and which produces fibrous nodules distributed through the lungs as demonstrated by X-ray ex amination or by autopsy.
(5) 'Byssinosis' means a pulmonary disease due to exposure to cot ton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pulmonary specialist by the American Board of Internal Medicine."

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Section 9. Said chapter is further amended by adding at the end of Code Section 34-9-281 a new subsection, to be designated subsection (d), to read as follows:
"(d) In cases of disability or death resulting from byssinosis as defined in paragraph (5) of Code Section 34-9-280, the time for filing claims shall be as provided by this chapter; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1, 1982, such claims shall be filed prior to July 1, 1983."
Part 3
Section 10. (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 11. 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 HB 1464 offered by the Senate Committee on Industry, Labor and Tourism by striking lines 11 through 20 of Page 11 in their entirety and inserting in lieu thereof the following:
"Section 9. Said chapter is further amended by striking Code Sec tion 34-9-281 in its entirety and inserting in lieu thereof a new Code Section 34-9-281 to read as follows:
'34-9-281. (a) Where the employer and employee are subject to this chapter, the disablement or death of an employee resulting from an occupational disease shall be treated as the occurrence of an injury by accident; and the employee or, in the case of his death, his dependents shall be entitled to compensation as provided by this chapter. The practice and procedure prescribed in this chapter shall apply to all the proceedings under this article except as otherwise pro vided.
(b) Except as otherwise provided in this Code section, an employer shall be liable for compensation under this article only where:
(1) Death or disablement results from a disease specified in Code Section 34-9-280;
(2) Such disease arose out of and in the course of the employment in which the employee was engaged under such employer, was con tracted while the employee was so engaged, and has resulted from a hazard characteristic of the employment in excess of the hazards of such disease attending employment in general;

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(3) Disablement or death results within three years, in the case of byssinosis, silicosis, or asbestosis, or within one year, in the case of any other occupational disease, after the last injurious exposure to the hazard of such disease in such employment or death follows con tinuous disability from such disease commencing within the period above-specified for which compensation has been paid or awarded or timely claim made as provided by this chapter and results within seven years after such last exposure.
|c) In cases of disability or death caused by exposure to X-rays or radioactive substances, the time for the filing of such claims shall be within one year after the date upon which the employee first suffered disability from exposure to X-rays or radioactive substances and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by his present or prior employment.
(d) In cases of disability or death resulting from byssinosis as defined in paragraph (5) of Code Section 34-9-280, the time for filing claims shall be as provided by this chapter; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1, 1983, such claims shall be filed prior to July 1, 1984.' "

On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 39, nays 1, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

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

Engram Evans Foster Garner Greene Hill Holloway
Horton Howard
Hudgins Hudson Kidd Land

Lester Littlefield Reynolds Scott Starr Stephens Stumbaugh
Summers Sutton
Tate Thompson Trulock Wessels

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Bell Brantley Coverdell English
Fincher of 52nd

Fincher of 54th Gillis Kennedy McGill
McKenzie

Robinson Timmons Turner Tysinger
Walker

Not voting was Senator Broun of 46th.

On the passage of the bill, the yeas were 40, nays 15.
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 1464.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 528 was as follows:
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.

MONDAY, MARCH 22, 1982

2783

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; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls for the pur poses of this Section shall be determined according to the United States Decennial Census of 1970. 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
$13,750 17,050 19,580 21,560 23,540 25,520 27,500 29,370 31,460 38,500."

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.",

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and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The amounts provided in Section 1 shall be in creased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, and prior to July 1, 1982, effective Julyl, 1982.
(b) The amounts provided in Section 1, including any increases provided by subsection (a) of this section, where applicable, 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 of fice 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, supplies, 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.
(c) This Act shall not apply to any county that has a uniform salary schedule for elected county officials that is based on a percentage of ttyhe."salary of the Senior Judge of the Superior Court serving said coun

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) (1) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according 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; provided, however, that, in the event the population of a county according to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. Except as otherwise provided in paragraph (2) of this subsection, 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
$13,750.00 17,050.00 19,580.00 21,560.00 23,540.00 25,520.00 27,500.00

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2785

100,000 - 199,999 200,000 - 299,999 300,000 - and up

29,370.00 31,460.00 38,500.00

(2) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state 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. Ef fective July 1, 1983, 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
$15,125.00 18,755.00 21,538.00 23,716.00 25,894.00 28,072.00 30,250.00 32,307.00 34,606.00 42,300.00

(b) (1) The amounts provided in subsection (a) of this Code section shall be increased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, and prior to July 1, 1982, effective July 1, 1982.

(2) The amounts provided in subsection (a) of this Code section, including any increases provided by paragraph (1) of this subsection, where applicable, 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, ex cept 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.

je) This Code section shall not apply to any county that has a uniform salary schedule for elected county officials that is based on a percentage of the salary of the Senior Judge of the Superior Court serving said county."

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Part3 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.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 528 as amended by the following amendment:

Amend the House substitute to SB 528 by striking from Part 1, begin ning on line 25 of Page 3, the following:
"(c) This Act shall not apply to any county that has a uniform salary schedule for elected county officials that is based on a percent age of the salary of the Senior Judge of the Superior Court serving said county."
By striking from Part 2, beginning on line 19 of Page 6, the following:
"(e) This Code section shall not apply to any county that has a uniform salary schedule for elected county officials that is based on a percentage of the salary of the Senior Judge of the Superior Court serving said county."

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond 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 Littlefield

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

MONDAY, MARCH 22, 1982

Those voting in the negative were Senators:

Allgood Land

Lester

Not voting was Senator Broun of 46th.

Tysinger

2787

On the motion, the yeas were 51, nays 4; the motion prevailed, and the Senate agreed to the House substitute as amended by the Senate.
The following bills of the Senate and House were taken up for the purpose of considering the House action thereto:

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.

Senator Land of the 16th moved that the Senate adhere to its disagreement to the House amendments to SB 506, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendments to SB 506.

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

Senators Stumbaugh of the 55th, Howard of the 42nd and Land of the 16th.

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.

Senator English of the 21st moved that the Senate insist upon the Senate amend ments to HB 1525.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendments to HB 1525.

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JOURNAL OF THE SENATE

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.

Senator Fincher of the 54th moved that the Senate adhere to the Senate substitute to HB 153, and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 153.

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

Senators Gillis of the 20th, Kennedy of the 4th and Fincher of the 54th.

The following local bill of the Senate was taken up for the purpose of consider ing the House substitute thereto:

SB 458. By Senator Deal of the 49th:
A bill to amend an Act creating the State Court of Hall County, as amend ed, so as to change the compensation provisions relating to the judge and the solicitor of said court.

The House substitute to SB 458 was as follows:

A BILL
To be entitled an Act to amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. Laws 1890-91, Vol. II, p. 939), as amended, so as to change the compensation provisions relating to the judge and the solicitor of said court; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Court of Hall County, approved August 14, 1891 (Ga. Laws 1890-91, Vol. II, p. 939), as amended, is hereby amended by striking Section 2A in its entirety and inserting in lieu thereof a new Section 2A to read as follows:
"Section 2A. (a) The judge of the State Court of Hall County shall receive an annual salary equal to 75 percent of the gross salary as defined in subsection (b) of this section.

MONDAY, MARCH 22, 1982

2789

(b] For the purposes of this Section 2A, the term 'gross salary' shall mean the annual salary received by a superior court judge from state funds only, effective January 1, 1983, plus any increases in said annual salary for superior court judges from state funds only, on or after January 1, 1983."
Section 2. Said Act is further amended by adding immediately following Section 2A a new section, to be designated Section 2B, to read as follows:
"Section 2B. (a) The solicitor of the State Court of Hall County shall receive an annual salary equal to 75 percent of the gross salary as defined in subsection (b) of this section.
(b) For the purposes of this Section 2B, the term 'gross salary' shall mean the annual salary received by a district attorney from state funds only, effective January 1, 1983, plus any increases in said an nual salary for district attorneys from state funds only, on or after January 1, 1983."
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.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 458.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 458.

The following general bill of the House was taken up for the purpose of con sidering the House amendment to the Senate amendment thereto:

HB 1486. By Representative Russell of the 64th: A bill to reincorporate and provide a new charter for the City of Bogart.

The House amendment was as follows:

Amend the Senate amendment to HB 1486 by striking from line 19 of Page 1 the word "Barrow" and inserting in lieu thereof the following:
"Oconee".
By striking from 29 of Page 1 the date "1985" and Inserting in lieu thereof the following:
"1983".

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JOURNAL OF THE SENATE

Senator Broun of the 46th moved that the Senate agree to the House amend ment to the Senate amendment to HB 1486.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Engram Evans 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 Wessels

Those not voting were Senators:

Brannon Fincher of 52nd

Hudgins

McKenzie

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1486.

Senator Eldridge of the 7th moved that the second paragraph of Senate Rule 110 be suspended in order to allow a first reading of the following bill of the House:

HB 1144. By Representative Harris of the 8th:
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 for herein.

The President referred the motion to the Senate Committee on Rules for a report.

MONDAY, MARCH 22, 1982

2791

The following general bills of the House were taken up for the purpose of con sidering the House action thereon:

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.

Senator Cobb of the 28th moved that the Senate insist upon the Senate substitute to HB 1349.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1349.

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 adhere to the Senate amend ment to HB 1285, and that a Conference Committee be appointed.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1285.

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

Senators Deal of the 49th, Garner of the 30th and Hudgins of the 15th.

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JOURNAL OF THE SENATE

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

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 House substitute to SB 470 was as follows:

A BILL
To be entitled an Act to amend Code Title 26, known as the "Criminal Code of Georgia," as amended, so as to change the punish ment for murder; to provide that a person convicted of murder may be punished by life imprisonment without parole under certain conditions; to amend Code Section 27-2534.1, relating to mitigating and aggravating circumstances in connection with the imposition of the death penalty, so as to provide that the jury, if its verdict be a recommendation of life im prisonment without parole, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt; to provide that life imprison ment without parole shall not be imposed unless at least one statutory ag gravating circumstance is found by the jury; 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 26, known as the "Criminal Code of Georgia," as amended, is amended by striking subsection (c) of Code Section 26-1101 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c| A person convicted of murder shall be punished by death or by life imprisonment without parole or by imprisonment for life."
Section 2. Said Code title is further amended by striking Code Sec tion 26-3102 in its entirety and inserting in lieu thereof a new Code Sec tion 26-3102 to read as follows:
"26-3102. Capital offenses; jury verdict and sentence, (a) Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless

MONDAY, MARCH 22, 1982

2793

the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recom mendation of death is made, the court shall sentence the defendant to death.
(b) Where, upon a trial by jury, a person is convicted of an offense which may be punishable by life imprisonment without parole, a sentence of life imprisonment without parole shall not be imposed unless the jury verdict includes a finding of at least one statutory ag gravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of life imprisonment without parole is made, the court shall sentence the defendant to life imprisonment without parole.
(c) Where a sentence of death or life imprisonment without parole is not recommended by the jury, the court shall sentence the defen dant to imprisonment as provided by law. Unless the jury trying the case makes a finding of at least one statutory aggravating cir cumstance and recommends the death sentence or life imprisonment without parole in its verdict, the court shall not sentence the defen dant to death or life imprisonment without parole, provided that no such finding of statutory aggravating circumstance shall be necessary in offenses of treason or aircraft hijacking.
(d) The provisions of this section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty."
Sections. Code Section 27-2534.1, relating to mitigating and ag gravating circumstances in connection with the imposition of the death penalty, is amended by striking said Code section in its entirety and in serting in lieu thereof a new Code Section 27-2534.1 to read as follows:
"27-2534.1. Mitigating and aggravating circumstances; death penalty, (a) The death penalty may be imposed for the offenses of air craft hijacking or treason, in any case.
(b) In all cases of other offenses for which the death penalty or life imprisonment without parole may be authorized, the judge shall con sider, or he shall include in his instructions to the jury for it to con sider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory ag gravating circumstances which may be supported by the evidence:
(1) The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a capital felony; or the offense of murder was committed by a person who has a substantial history of serious assaultive criminal convic tions.

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(2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony, or aggravated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree.
(3) The offender by his act of murder, armed robbery, or kidnap ping knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would nor mally be hazardous to the lives of more than one person.
(4) The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value.
(5) The murder of a judicial officer, former judicial officer, district attorney or solicitor or former district attorney or solicitor during or because of the exercise of his official duty.
(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.
(7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible or inhuman in that it in volved torture, depravity of mind, or an aggravated battery to the vic tim.
(8) The offense of murder was committed against any peace of ficer, corrections employee or fireman while engaged in the perfor mance of his official duties.
(9) The offense of murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement.
(10) The murder was committed for the purpose of avoiding, in terfering with, or preventing a lawful arrest or custody in a place of lawful confinement, or himself or another.
(c) The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be a recommen dation of death or life imprisonment without parole, shall designate in writing, signed by the foreman of the jury, the aggravating cir cumstance or circumstances which it found beyond a reasonable doubt. In non-jury cases the judge shall make such designation. Ex cept in cases of treason or aircraft hijacking, unless at least one of the statutory aggravating circumstances enumerated in section 27-2534. l(b) is so found, neither the death penalty nor life imprison ment without parole shall be imposed."

MONDAY, MARCH 22, 1982

2795

Part 2
Section 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subsection (d) of Code Section 16-5-1 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) A person convicted of the offense of murder shall be punish ed by death or by life imprisonment without parole or by imprison ment for life."
Section 5. Chapter 10 of Title 17 of the Official Code of Georgia An notated, relating to sentence and punishment, is amended by striking Code Section 17-10-30 in its entirety and inserting in lieu thereof a new Code Section 17-10-30 to read as follows:
"17-10-30. (a) The death penalty may be imposed for the offenses of aircraft hijacking or treason in any case.
(b) In all cases of other offenses for which the death penalty or life imprisonment without parole may be authorized, the judge shall con sider, or he shall include in his instructions to the jury for it to con sider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory ag gravating circumstances which may be supported by the evidence:
(1) The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a capital felony;
(2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony or aggravated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree;
(3) The offender, by his act of murder, armed robbery, or kidnap ping, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would nor mally be hazardous to the lives of more than one person;
(4) The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value;
(5) The murder of a judicial officer, former judicial officer, district attorney or solicitor, or former district attorney or solicitor was com mitted during or because of the exercise of his official duties;
(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person;
(7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible, or inhuman in that it in volved torture, depravity of mind, or an aggravated battery to the vic tim;

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(8) The offense of murder was committed against any peace of ficer, corrections employee, or fireman while engaged in the perfor mance of his official duties;
(9) The offense of murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; or
(10) The murder was committed for the purpose of avoiding, in terfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of himself or another.
(c) The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommen dation of death or life imprisonment without parole, shall designate in writing, signed by the foreman of the jury, the aggravating cir cumstance or circumstances which it found beyond a reasonable doubt. In nonjury cases the judge shall make such designation. Except in cases of treason or aircraft hijacking, unless at least one of the statutory aggravating circumstances enumerated in subsection (b) of this Code section is so found, neither the death penalty nor life im prisonment without parole shall be imposed."
Section 6. Said chapter is further amended by striking Code Section 17-10-31 in its entirety and inserting in lieu thereof a new Code Section 17-10-31 to read as follows:
"17-10-31. (a) Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating cir cumstance is found and a recommendation of death is made, the court shall sentence the defendant to death.
(b) Where, upon a trial by jury, a person is convicted of an offense which may be punishable by life imprisonment without parole, a sentence of life imprisonment without parole shall not be imposed unless the jury verdict includes a finding of at least one statutory ag gravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of life imprisonment without parole is made, the court shall sentence the defendant to life imprisonment without parole.
(c) Where a sentence of death or life imprisonment without parole is not recommended by the jury, the court shall sentence the defen dant to imprisonment as provided by law. Unless the jury trying the case makes a finding of at least one statutory aggravating cir cumstance and recommends the death sentence or life imprisonment without parole in its verdict, the court shall not sentence the defen dant to death or life imprisonment without parole, provided that no such finding of statutory aggravating circumstance shall be necessary in offenses of treason or aircraft hijacking.

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(d) This Code section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty."
Parts
Section 7. 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 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.

Senator Thompson of the 32nd moved that the Senate agree to the House substitute to SB 470.

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 Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge Engram Foster Gillis Greene Hill Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill

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

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Bond

Evans

Those not voting were Senators:

Broun of 46th English Fincher of 52nd Fincher of 54th

Garner Holloway Horton

Hudson
Reynolds Tate Trulock

On the motion, the yeas were 43, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 470.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

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

HB 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.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1715 by striking from lines 5 through 7 of Page 1 the following:
"to provide that a duplicate original copy of any action shall be served upon the Attorney General;''.

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.

MONDAY, MARCH 22, 1982

2799

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Broun of 46th Hill Holloway (presiding)

Hudgins Reynolds

Robinson Tate

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

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

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

Mr. President:

The House has adopted the report of the Committee on Conference on 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.

2800

JOURNAL OF THE SENATE

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

HB 944. By Representative Phillips of the 125th:
A bill to amend an Act implementing the provisions of Article V, Section VII, Pargraph II of the Constitution of Georgia creating the Savannah District Authority, now known as the Savannah Port Authority, so as to further define the terms "project" and "cost of project" in describing the powers and duties of the Savannah Port Authority.

HB 1317. By Representative Greer of the 43rd:
A bill to amend an Act creating a Judges' and Solicitor Generals' Retire ment Fund of Fulton County, so as to provide that no individual employed or reemployed by Fulton County subsequent to the effective date of this Act shall be entitled to any benefits under this Act; to provide for cost-of-living increase.

HB 1343. 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 and for such purposes set forth in the caption of said Act and the several Acts amendatory thereof, so as to correct an inadvertent reference to the "Superior Court of Fulton County,".

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

HR 729. By Representative Mangum of the 56th: A resolution compensating Dawn M. Walton.

HR 666. By Representatives Aiken of the 21st, Thompson and Darden of the 19th and others:
A resolution compensating Ruby Lee Estes.

HR 732. By Representative Elliott of the 49th: A resolution compensating Mr. Guy E. Skinner.

HR 731. By Representative Peters of the 2nd: A resolution compensating Mr. Richard B. Carney.

MONDAY, MARCH 22, 1982

2801

HR 546. By Representative Triplett of the 128th: A resolution compensating Mary D. Reffner.

HR 704. By Representatives Anderson, Hasty and Harris of the 8th: A resolution compensating Mr. S. E. Hyatt.

The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following 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 (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.

The Speaker has appointed on the part of the House the following members thereof: Representatives Connell of the 87th, Burruss of the 21st and Lee of the 72nd.

The President resumed the Chair.

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

HB 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.
Senate Sponsor: Senator Wessels of the 2nd.

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JOURNAL OF THE SENATE

Senator Wessels of the 2nd offered the following amendment:

Amend HB 1375 by striking from the title, beginning on line 1 of Page 1, the following:
"Code Chapter 91A-10, relating to ad valorem tax, as amended,",
and inserting in lieu thereof the following:
"Code Title 91A, known as the Georgia Public Revenue Code, as amended,".
By adding in the title on line 26 of Page 1, immediately preceding the words "to provide", the following:
"to change the provisions relating to the collection of school taxes by the tax commissioner or tax collector in certain counties;".
By striking from Section 1, beginning on line 3 of Page 2, the follow ing:
"Code Chapter 91A-10, relating to ad valorem tax, as amended,",
and inserting in lieu thereof the following:
"Code Title 91 A, known as the Georgia Public Revenue Code, as amended,".
By adding between lines 24 and 25 on Page 5 a new Section 1A to read as follows:
"Section 1A. Said Code title is further amended by striking in its entirety subsection (b) of Code Section 91A-1705 and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) (1) In all counties of this State having a population of not less than 290,000 or more than 400,000, according to the census, the tax commissioner or tax collector shall remit all education funds collected by him to the board of education in the county except one percent of the funds collected which shall be retained by the tax commissioner or tax collector if he is on a fee basis or remitted to the governing authority of the county if he is on a salary basis.
(2) In all counties of this State having a population of not less than 195,000 or more than 289,000, according to the census, the tax com missioner or tax collector shall remit all education funds collected by him to the board of education. The tax commissioner or tax collector shall receive no fees or compensation for the collection of any taxes levied for school purposes in said county, and the collection of said taxes shall be considered one of the officer's duties. The governing authority of any such county shall make no charge against the board of education of the county, or the board of education of the county and any city in the county where applicable, for the collection of school taxes in said county.' "

MONDAY, MARCH 22, 1982

2803

By striking from Part 2 on line 26 of Page 5 the following:
"Article 1 of".
By adding between lines 11 and 12 on Page 9 a new Section 2A to read as follows:
"Section 2A. Said chapter is further amended by striking in its en tirety subsection (b) of Code Section 48-5-404 and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) (1) In all counties of this state having a population of not less than 290,000 nor more than 400,000 according to the United States decennial census of 1970 or any future such census, the tax commis sioner or tax collector shall remit all education funds collected by him to the county board of education, except that 1 percent of the funds collected shall be retained by the tax commissioner or tax collector if he is on a fee basis or remitted to the governing authority of the coun ty if he is on a salary basis.
(2) In all counties of this state having a population of not less than 195,000 nor more than 289,000 according to the census, the tax com missioner or tax collector shall remit all education funds collected by him to the board of education. The tax commissioner or tax collector shall receive no fees or compensation for the collection of any taxes levied for school purposes in said county, and the collection of said taxes shall be considered one of the officer's duties. The governing authority of any such county shall make no charge against the board of education of the county, or the board of education of the county and any city in the county where applicable, for the collection of school taxes in said county.' "

The President ruled that the amendment offered by Senator Wessels of the 2nd was not germane to HB 1375.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brannon Brantley Broun of 46th

Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway Horton

2804
Howard Hudgins Kennedy Kidd Land Lester Littlefield

JOURNAL OF THE SENATE

McGill McKenzie Reynolds Scott Starr Stumbaugh Tate

Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Sutton and Trulock.

Those not voting were Senators:

Bowen Evans Hill

Hudson Robinson

Stephens Summers

On the passage of the bill, the yeas were 47, nays 2. The bill, having received the requisite constitutional majority, was passed.

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

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.
Senator Barnes of the 33rd moved that the Senate adhere to the Senate amend ments to HR 510, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate amendments to HR 510.

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

Senators Dean of the 31st, Holloway of the 12th and Gillis of the 20th.

MONDAY, MARCH 22, 1982

2805

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

HB 944. By Representative Phillips of the 125th:
A bill to amend an Act implementing the provisions of Article V, Section VII, Paragraph II of the Constitution of Georgia creating the Savannah District Authority, now known as the Savannah Port Authority, so as to further define the terms "project" and "cost of project" in describing the powers and duties of the Savannah Port Authority.
Referred to Committee on County and Urban Affairs.

HB 1317. By Representative Greer of the 43rd:
A bill to amend an Act creating a Judges' and Solicitor Generals' Retire ment Fund of Fulton County, so as to provide that no individual employed or reemployed by Fulton County subsequent to the effective date of this Act shall be entitled to any benefits under this Act; to provide for cost-of-living increase.
Referred to Committee on County and Urban Affairs.

HB 1343. 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 and for such purposes set forth in the caption of said Act and the several Acts amendatory thereof, so as to correct an inadvertent reference to the "Superior Court of Fulton County,".
Referred to Committee on County and Urban Affairs.

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

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.
Senate Sponsor: Senator Land of the 16th.

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

2806

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 Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

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

Lester Littlefield McKenzie Reynolds Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Wessels.

Those not voting were Senators:

Brannon Broun of 46th

Evans McGill

Robinson Starr

On the passage of the bill, the yeas were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed.
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. Senate Sponsor: Senator Deal of the 49th.

MONDAY, MARCH 22, 1982

2807

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to HB 1424:

A BILL
To be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the time by which returns and applications for homestead exemptions shall be submitted; 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 48 of the Official Code of Georgia An notated, relating to ad valorem taxation of property, is amended by strik ing subsection (a) of Code Section 48-5-18 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided in this Code section, each tax commissioner and tax receiver shall open his books for the return of taxes on January 1 and shall close his books on March 1 of each year."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 48-5-45 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) An applicant seeking a homestead exemption as provided in Code Section 48-5-44 shall file on or before March 1 and, in the case of an exemption from taxes levied by a consolidated city-county govern ment, on or before March 1 of the year in which exemption from taxa tion is sought a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation. The failure to file properly the application and schedule shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemp tion for that year."
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.
Senator Coverdell of the 40th offered the following substitute to HB 1424:

A BILL
To be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated known as 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";

2808

JOURNAL OF THE SENATE
to provide for regulations and other matters relative to the foregoing; to change the time by which returns and applications for homestead ex emptions shall be submitted; 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. Title 48 of the Official Code of Georgia Annotated, known as 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 2. Said title 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 7 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 Recovery Tax Act of 1981).
(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."
Section 3. Said title is further amended by striking subsection (a) of Code Section 48-5-18 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided in this Code section, each tax commissioner and tax receiver shall open his books for the return of taxes on January 1 and shall close books on March 1 of each year."

MONDAY, MARCH 22, 1982

2809

Section 4. Said title is further amended by striking subsection (a) of Code Section 48-5-45 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) An applicant seeking a homestead exemption as provided in Code Section 48-5-44 shall file on or before March 1 and, in the case of an exemption from taxes levied by a consolidated city-county govern ment, on or before March 1 of the year in which exemption from taxa tion is sought a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation. The failure to file properly the application and schedule shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemp tion for that year."
Sections. This Act shall become effective on January 1, 1983.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The President ruled that the substitute to HB 1424 offered by Senator Coverdell of the 40th was not germane to HB 1424.

On the adoption of the substitute to HB 1424 offered by the Senate Committee on Banking, Finance and Insurance, 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 Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Fincher of 52nd Foster Gillis Hill Holloway
Horton Hudgins Hudson Kennedy Land Lester Littlefield McGill

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

Voting in the negative were Senators Ballard and Kidd.

2810

JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Bryant Evans

Fincher of 54th Garner Greene

Howard Starr Thompson

On the adoption of the substitute, the yeas were 45, 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 Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Foster Garner Gillis Hill Holloway Horton Hudgins Hudson Kennedy Land Lester Littlefield McGill

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

Those voting in the negative were Senators:

Ballard

Kidd

Barker

Scott

Those not voting were Senators:

Bell Brannon Coverdell Evans

Fincher of 52nd Fincher of 54th Greene Howard

Starr Summers Thompson

On the passage of the bill, the yeas were 41, nays 4.

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

MONDAY, MARCH 22, 1982

2811

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.
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 Deal Dean

Eldridge English Engram Fincher of 52nd Foster Garner Gillis Hill Horton Hudgins Kennedy Kidd Land Lester Littlefield

McGill Reynolds Robinson Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Brannon Coverdell Evans Fincher of 54th

Greene Holloway Howard Hudson

McKenzie Scott Starr Thompson

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

2812

JOURNAL OF THE SENATE

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

Mr. President:

The House has disagreed to the Senate amendments to the House substitute to the following bills of the Senate:

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 approved March 17, 1960 (Ga. L. 1960, p. 2806), so as to change the provisions relating to the compensation 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 ef fective 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, approved March 27, 1972 (Ga. L. 1972, p. 3199), 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 House has disagreed to the Senate amendment to the following bill of the House:

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-

The House has agreed to the Senate substitute, as amended by the House, to 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' ' .

MONDAY, MARCH 22, 1982

2813

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

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.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Natural Resources and Environmental Quality of fered the following amendment:
Amend HB 1270 as follows:
By striking from line 6 on Page 4 the following: "100",
and inserting in lieu thereof the following: "50".
By inserting in line 21 on Page 4 immediately following the word "agency" and before the semicolon following said word the following:
", provided, however, that this exemption shall cease for all such dams on November 1, 1985, unless the supervising federal agency certifies to the Director that such dams are in compliance with re quirements of the Georgia Safe Dams Act, including minimum spillway design".
By striking from line 6 on Page 17 the following: "100",
and inserting in lieu thereof the following: "50".
By inserting in line 21 on Page 17 immediately following the word "agency" and before the semicolon following said word the following:
", provided, however, that this exemption shall cease for all such dams on November 1, 1985, unless the supervising federal agency certifies to the director that such dams are in compliance with re quirements of the 'Georgia Safe Dams Act,' including minimum spillway design''.

On the adoption of the amendment, the yeas were 35, nays 5, and the amend ment was adopted.

2814

JOURNAL OF THE SENATE

Senator Timmons of the 11th offered the following amendment:

Amend HB 1270 as follows:
By renumbering Sections 3 through 9 as Sections 4 through 10, respectively, and by adding a new Section 3 to read as follows:
"Section 3. Said Act is further amended by striking subsection (e) of Section 6 in its entirety and substituting in lieu thereof a new subsection (e) to read as follows:
'(e) The Committee shall have the right to direct and conduct in vestigations as it may reasonably deem necessary to carry out its duties as prescribed in this Section. For this purpose, the employees of the Committee or any authorized representative shall have the right to enter at reasonable times on any property, public or private, for the purpose of inventorying, classifying and investigating any dam and to require written reports from the owner or operator of any dam for the purpose of accomplishing its duties under this Section. It is specifical ly provided, however, that if the owner of the dam is a resident of the county wherein the dam is located, the Committee shall notify the owner before the Committee or its employees or representatives shall enter the property of the dam for the purposes of this Section.' "
By renumbering Sections 10 through 14 as Sections 12 through 16, respectively, and by adding a new Section 11 to read as follows:
"Section 11. Said Part 3 is further amended by striking subsection (e) of Code Section 12-5-375 in its entirety and substituting in lieu thereof a new subsection (e) to read as follows:
'(e) The committee shall have the right to direct and conduct in vestigations as it may reasonably deem necessary to carry out its duties as prescribed in this Code section. For this purpose, the employees of the committee or any authorized representatives shall have the right to enter at reasonable times on any property, public or private, for the purposes of inventorying, classifying, and in vestigating any dam and to require written reports from the owner or operator of any dam for the purpose of accomplishing its duties under this Code section. It is specifically provided, however, that if the owner of the dam is a resident of the county wherein the dam is located, the committee shall notify the owner before the committee or its employees or representatives shall enter the property of the dam for the purposes of this Code section.' "

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.

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

MONDAY, MARCH 22, 1982

2815

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brannon Coverdell Evans

Garner Howard

Scott Thompson

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 1270.

The following report of the Senate Committee on Rules was read by the Secretary:
Mr. President:
The Committee on Rules has had under consideration the following motion:
"That the second paragraph of Senate Rule 110 be suspended in order that House Bill 1144 be given a first reading", and has instructed me to report to the Senate that the Committee recommends that the above stated motion be adopted.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

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JOURNAL OF THE SENATE

The President stated that the question before the Senate was the motion offered previously today by Senator Eldridge of the 7th that the second paragraph of Senate Rule 110 be suspended in order to allow a first reading of the following bill of the House:

HB 1144. By Representative Harris of the 8th:
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 for herein.

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

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

Littlefield McGill McKenzie Reynolds Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Brannon Coverdell Evans

Greene Howard Robinson

Scott Thompson

On the motion, the yeas were 48, nays 0; the motion, having received the re quisite two-thirds vote, prevailed, and the second paragraph of Senate Rule 110 was suspended, and HB 1144 was read the first time and referred to the Committee on Appropriations.

Senator Allgood of the 22nd moved that the Senate do now adjourn.

MONDAY, MARCH 22, 1982

2817

On the motion, Senator Trulock of the 10th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Brantley Brown of 47th Cobb Deal

Fincher of 52nd Foster Hudson Kidd Lester Littlefield McKenzie

Reynolds Scott Stephens Tate Turner Tysinger Wessels

Those voting in the negative were Senators:

Barker Bell Bond Bowen Broun of 46th Bryant Coleman Dean Eldridge English

Engram Fincher of 54th Garner Gillis Hill Holloway Horton Hudgins Kennedy

Land McGill Starr Stumbaugh Summers Sutton Timmons Trulock Walker

Those not voting were Senators:

Brannon Coverdell Evans

Greene Howard

Robinson Thompson

On the motion, the yeas were 21, nays 28; the motion was lost, and the Senate did not adjourn.

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

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.
Senate Sponsor: Senator Hudgins of the 15th.

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JOURNAL OF THE SENATE

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to HB 485:

A BILL
To be entitled an Act to amend Code Title 56, known as the "Georgia Insurance Code," as amended, so as to clarify existing law concerning the investment authority of nonprofit hospital service corporations organized under the provisions of Code Chapter 56-17 and of medical service nonprofit corporations organized under the provisions of Code Chapter 56-18; to provide for clarification with respect to the authority of certain companies writing annuities and the investment of funds allocated to separate accounts; to amend the Official Code of Georgia An notated accordingly; to provide for the automatic repeal of certain por tions of this Act; 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 56, known as the "Georgia Insurance Code," as amended, is amended by striking Code Section 56-1715, which reads as follows:
"56-1715. Investments. The funds of any corporations subject to the provisions of this Chapter shall be invested only in securities per mitted by the laws of the State of Georgia for the investment of assets of life insurance companies.",
in its entirety and inserting in lieu thereof a new Code Section 56-1715 to read as follows:
"56-1715. Investments. The funds of any corporations subject to the provisions of this Chapter shall be invested only in securities per mitted by the laws of the State of Georgia for the investment of assets of life insurance companies. Nothing contained herein shall be deem ed to prohibit such corporation from investing its funds in a home of fice building or other tangible assets related to the operation of its business or from investing its funds in a wholly owned subsidiary agency corporation organized to solicit applications for insurance policies to be issued by an insurer authorized to transact life insurance in this State, subject to the same requirements, conditions, restric tions, and limitations as are applicable to such investments by life in surers."
Section 2. Said Code Title 56 is further amended by striking Code Section 56-1817, which reads as follows:
"56-1817. Investments. The funds of such corporation shall be in vested only in securities permitted by the laws of the State of Georgia for the investment of assets of insurance companies.'',

MONDAY, MARCH 22, 1982

2819

in its entirety and inserting in lieu thereof a new Code Section 56-1817 to read as follows:
"56-1817. Investments. The funds of such corporation shall be in vested only in securities permitted by the laws of this state for the in vestment of assets of life insurance companies. Nothing contained herein shall be deemed to prohibit such corporation from investing its funds in a home office building or other tangible assets related to the operation of its business or from investing its funds in a wholly owned subsidiary agency corporation organized to solicit applications for in surance policies to be issued by an insurer authorized to transact life insurance in this state, subject to the same requirements, conditions, restrictions, and limitations as are applicable to such investments by life insurers."
Section 3. Said Code Title 56 is further amended by striking subsec tions (a) and (m) of Code Section 56-1040 and inserting in their respective places new subsections (a) and (m) to read as follows:
"(a) When used in this section, the term 'variable annuity con tract' shall mean any individual or group contract issued by an in surance company or annuity company providing for annuity benefits and incidental contractual payments or values which vary in whole or in part so as to reflect investment results of any segregated portfolio of investments or of a designated separate account or accounts in which amounts received or retained in connection with any of such contracts have been placed.
jm) No company shall deliver or issue for delivery variable con tracts within this State unless (1) it is licensed or organized to do a life insurance or annuity business in this State or is organized as a non profit educational corporation in its state of domicile and issues variable annuity contracts solely for the purpose of aiding and strenghtening nonproprietary and nonprofit-making colleges, univer sities, and other institutions engaged primarily in education or re search; and (2) the commissioner is satisfied that its condition or method of operation in connection with the issuance of such contracts will not render its operation hazardous to the public or its policyholders in this State. In this connection, the commissioner shall consider among other things:
(1) The history and financial condition of the company;
(2) The character, responsibility and fitness of the officers and directors of the company; and
(3) The law and regulation under which the company is autho rized in the State of domicile to issue variable contracts."

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JOURNAL OF THE SENATE
Part 2
Section 4. Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," is amended by striking Code Section 33-18-25 in its entirety and inserting in lieu thereof a new Code Section 33-18-25 to read as follows:
"33-18-25. The funds of any medical service corporation subject to this chapter shall be invested only in securities in which assets of insurance companies may be authorized under the laws of this state. Nothing contained in this Code section shall be deemed to prohibit such corporation from investing its funds in a home office building or other tangible assets related to the operation of its business or from in vesting its funds in a wholly owned subsidiary agency corporation organized to solicit applications for insurance policies to be issued by an insurer authorized to transact life insurance in this state, subject to the same requirements, conditions, restrictions, and limitations as are applicable to such investments by life insurers."
Section 5. Said title is further amended by striking Code Section 33-19-17 in its entirety and inserting in lieu thereof a new Code section to read as follows:
"33-19-17. The funds of any corporations subject to this chapter shall be invested only in securities in which assets of life insurance companies may be invested under the laws of this state. Nothing con tained in this Code section shall be deemed to prohibit such corpora tion from investing its funds in a home office building or other tangi ble assets related to the operation of its business or from investing its funds in a wholly owned subsidiary agency corporation organized to solicit applications for insurance policies to be issued by an insurer authorized to transact life insurance in this state, subject to the same requirements, conditions, restrictions, and limitations as are ap plicable to such investments by life insurers."
Section 6. Said Title 33 is further amended by striking subsections (a| and (e) of Code Section 33-11-36 and inserting in their respective places new subsections (a) and je) to read as follows:
"(a) As used in this Code section, 'variable life insurance policy' means any individual or group policy issued by an insurance com pany or annuity company providing for life insurance and benefits in cidental thereto, under which payments or values may vary in whole or in part so as to reflect investment results of any segregated portfolio of investments or of a designated separate account or accounts in which amounts received or retained in connection with any of such policies have been placed.
(e) No company shall deliver or issue for delivery variable life in surance policies within this state unless it has a current certificate of authority to transact life insurance in this state or is organized as a nonprofit educational corporation in its state of domicile and issues variable annuity contracts solely for the purpose of aiding and strenghtening nonproprietary and nonprofit-making colleges, univer sities; and other institutions engaged primarily in education or

MONDAY, MARCH 22, 1982

2821

research and the Commissioner is satisfied that its condition or method of operations in connection with the issuance of such policies will not render its operation hazardous to the public or its policyholders in this state. In this connection, the Commissioner shall consider among other things:
(1) The history and financial condition of the company;
(2) The experience, character, responsibility, and fitness of the of ficers and directors of the company; and
(3) The law and regulation under which the company is autho rized in the state of domicile to issue variable life insurance policies."
Parts
Section 7. The General Assembly finds and declares that the above is declaratory of the intent of existing law.
Section 8. (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 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 Barker 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 Holloway Horton Hudgins Hudson Kennedy Kidd Lester Littlefield McKenzie

2822
Reynolds Scott Starr Stephens Stumbaugh

JOURNAL OF THE SENATE

Summers Sutton Tate Timmons Trulock

Turner Tysinger Walker Wessels

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Brannon Evans Greene

Howard Land McGill

Robinson Thompson

On the passage of the bill, the yeas were 47, nays 1.

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

Senator Ballard of the 45th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 485.
HB 634. By Representatives Johnson of the 66th, Townsend of the 24th, Oliver of the 121st and Hamilton of the 31st:
A bill to amend the "Housing Authorities Law", so as to delete certain references to the State Housing Authority Board which was abolished by said 1961 amendatory Act; to prohibit appointment of tenants as com missioners.
Senate Sponsor: Senator Evans of the 37th.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 634:
A BILL
To be entitled an Act to amend the "Housing Authorities Law," ap proved March 30, 1937 (Ga. L. 1937, p. 310), as amended, particularly by an Act approved March 23, 1939 (Ga. L. 1939, p. 112), an Act approved February 10, 1951 (Ga. L. 1951, p. 219), an Act approved February 21, 1951 (Ga. L. 1951, p. 612), and an Act approved February 24, 1961 (Ga. L. 1961, p. 54), so as to delete certain references to the State Housing Authority Board which was abolished by said 1961 amendatory Act; to prohibit certain acts of commissioners in connection with selection of depositories in which they have an interest; to provide for all related matters; to amend the Official Code of Georgia Annotated so as to change

MONDAY, MARCH 22, 1982

2823

the provisions relating to disclosure and abstention requirements for in terested commissioners and employees; 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 "Housing Authorities Law," approved March 30, 1937 (Ga. L. 1937, p. 310), as amended, particularly by an Act approved March 23, 1939 (Ga. L. 1939, p. 112), an Act approved February 10, 1951 (Ga. L. 1951, p. 219), an Act approved February 21, 1951 (Ga. L. 1951, p. 612), and an Act approved February 24, 1961 (Ga. L. 1961, p. 54), is amended by striking the first paragraph of Section 5 and inserting in lieu thereof a new paragraph to read as follows:
"When the governing body of a city adopts a resolution as aforesaid, it shall promptly notify the mayor of such adoption. Upon receiving such notice the mayor shall appoint five persons as commis sioners of the authority created for such city. In the event the mayor fails or refuses to submit appointments within 30 days after notice from the governing body of approval of resolution of necessity or ter mination of existing appointments, the governing body may appoint the commissioners of the authority created for said city. When the governing body of a county adopts a resolution as aforesaid, said body shall appoint five persons as commissioners of the authority created for said county. The commissioners who are first appointed shall be designated to serve for terms of one, two, three, four and five years, respectively from the date of their appointment, but thereafter com missioners shall be appointed as aforesaid for a term of office of five years except that all vacancies shall be filled for the unexpired term. No commissioner of an authority may be an officer or employee of the city or county for which the authority is created. A commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such com missioner. A commissioner shall receive no compensation for his ser vices, but he shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties."
Section 2. Said Act is further amended by adding at the end of Sec tion 6 the following:
"However, in the selection of a depository for funds of the authority, any commissioner who has a financial interest in the depository under consideration shall disclose his interest and abstain from taking any part in the consideration of or voting on the selection of the depository.",

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JOURNAL OF THE SENATE
so that when so amended said Section 6 shall read as follows:
"Section 6. Interested commissioners or employees. No commis sioner or employee of the authority shall voluntarily acquire any in terest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract in connection with any project. Where the acquisition is not voluntary, such commissioner or employee shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such commissioner or employee shall not participate in any action by the authority involving such project, property or contract, respectively. If any commissioner or employee of the authority previously owned or controlled an interest, direct or indirect, in any project or in any prop erty included or planned to be included in any project, or in any con tract or proposed contract in connection with any project, he shall im mediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such commissioner or employee shall not participate in any action by the authority involving such project, property, or con tract, respectively. A commissioner shall not participate in any action concerning the employment to a remunerative position of the person who appointed said commissioner to office. Any violation of the pro visions of this section shall constitute misconduct in office. This sec tion shall not be applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any project or the execution of agreements by banking institutions for the deposit or handling of funds in connection with a project or to act as trustee under any trust indenture. However, in the selection of a depository for funds of the authority, any commissioner who has a financial in terest in the depository under consideration shall disclose his interest and abstain from taking any part in the consideration of or voting on the selection of the depository."
Part 2
Section 3. Chapter 3 of Title 8 of the Official Code of Georgia An notated, relating to housing generally, is amended by striking Code Sec tion 8-3-52 in its entirety and inserting in lieu thereof a new Code Section 8-3-52 to read as follows:
"8-3-52. (a) No commissioner or employee of the authority shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract in connection with any project. Where the acquisition is not voluntary, such commissioner or employee shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure, such commissioner or employee shall not participate in any action by the authority involving such proj ect, property, or contract, respectively.
(b) If any commissioner or employee of the authority previously owned or controlled an interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in

MONDAY, MARCH 22, 1982

2825

any contract or proposed contract in connection with any project, he shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authori ty. Upon such disclosure, such commissioner or employee shall not participate in any action by the authority involving such project, prop erty, or contract, respectively.
(c) A commissioner shall not participate in any action concerning the employment to a remunerative position of the person who ap pointed said commissioner to office.
(d) In the selection of a depository for funds of the authority, any commissioner who has a financial interest in the depository under consideration shall disclose his interest and abstain from taking any part in the consideration of or voting on the selection of the depository.
(e) Any violation of this Code section shall constitute misconduct in office.
jf) This Code section shall not be applicable to the acquisition of any interest in notes or bonds or the authority issued in connection with any project, or to the execution of agreements by banking institu tions for the deposit or handling of funds in connection with a project, or to agreements by such institutions to act as trustee under any trust indenture."
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.

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:

Ballard Barnes Bell Bond Bowen

Broun of 46th Brown of 47th Bryant Cobb Coleman

Coverdell Deal Dean Eldridge English

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JOURNAL OF THE SENATE

Engram Evans Fincher of 54th Foster Garner Gillis Holloway Horton Howard Hudgins

Hudson Kennedy Kidd Lester McGill McKenzie Reynolds Scott Starr Stephens

Those not voting were Senators:

Allgood Barker Brannon Brantley

Fincher of 52nd Greene Hill Land

Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels
Littlefield Robinson Thompson

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 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.
Senate Sponsor: Senator Littlefield of the 6th.

Senators Deal of the 49th, Barnes of the 33rd and Allgood of the 22nd offered the following amendment:
Amend HB 1776 by adding after the semicolon on line 3 of Page 1 the following:
"to remove current exemptions from jury duty and provide for excusals upon a showing of undue hardship;''.
By adding a new Section 1.1 to read as follows:
"Section 1.1. Code Section 59-112, relating to exemptions from jury duty, is amended by striking said Code section and inserting in its place a new Code section to read as follows:
'59-112. Exemption for undue hardship. Upon a showing of good cause by any person, to the satisfaction of and within the discretion of the trial judge, that service on the jury, whether criminal or civil, would work an undue hardship, the trial judge may excuse that per son from service for the term.' "

MONDAY, MARCH 22, 1982

2827

By adding a new Section 2.1 to read as follows:
"Section 2.1. Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, is amended by striking said Code Section in its entirety and inserting in its place a new Code section to read as follows:
'15-12-1. Upon a showing of good cause by any person, to the satisfaction of and within the discretion of the trial judge, that service on the jury, whether criminal or civil, would work an undue hardship, the trial judge may excuse that person from service for the term.' "

The President ruled that the amendment offered by Senators Deal of the 49th, Barnes of the 33rd and Allgood of the 22nd was not germane to HB 1776.

Senators McGill of the 24th, Gillis of the 20th, English of the 21st, Kennedy of the 4th, Land of the 16th, Trulock of the 10th, Broun of the 46th and Coleman of the 1st offered the following substitute to HB 1776:

A BILL
To be entitled an Act to amend Code Section 59-105, relating to the compensation of jury commissioners, so as to change the provisions relative to such compensation; to amend the Official Code of Georgia An notated accordingly; to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the size of the jury panel in felony trials; 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 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 Section 59-105, relating to the compensation of jury commissioners, is amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 59-105 to read as follows:
"59-105. Same, compensation of commissioners and clerk for revising jury lists. Jury commissioners shall receive $25 each day for every day's service in revising the jury lists, to be paid from the coun ty treasury. The clerk of the board shall receive $25 for each day's ser vice, to be paid in like manner. The governing authorities of the respective counties shall have the right to increase the compensation provided for above for said commissioners and clerk in an amount not exceeding $10 for each day's service."

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JOURNAL OF THE SENATE

Part 2
Section 2. Code Section 15-12-24 of the Official Code of Georgia An notated, relating to compensation of jury commissioners, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 15-12-24 to read as follows:
"15-12-24. Jury commissioners shall receive $25.00 for each day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $25.00 for each day's service, to be paid in like manner. The governing authorities of the respective counties shall have the right to increase the compensation provided for above for the commissioners and clerk in an amount not exceeding $10.00 for each day's service."
Section 3. Chapter 12 of Title 15 of the Official Code of Georgia An notated, relating to juries, is amended by striking Code Section 15-12-125 in its entirety and substituting in lieu thereof a new Code Section 15-12-125 to read as follows:
"15-12-125. For the trial of misdemeanors in the superior court, the district attorney and the accused may select either panel of 12 of the trial jurors. If they do not agree upon a panel, the court shall have a panel made up of 24 jurors in attendance, of which the accused and the state shall each have the right to challenge six peremptorily. The remaining 12 shall constitute the jury."
Section 4. Said chapter is further amended by striking Code Section 15-12-160 in its entirety and substituting in lieu thereof a new Code Sec tion 15-12-160 to read as follows:
"15-12-160. When any person stands indicted for a felony, the court shall have impaneled 32 jurors from which the defense and pro secution may strike jurors. If, for any reason, after striking from the panel there remain less than 12 qualified jurors to try the case, the presiding judge shall summon such numbers of persons who are com petent jurors as may be necessary to provide a full panel. In making up the panel or successive panels, the presiding judge shall draw the tales jurors from the jury box of the county and shall order the sheriff to summon them."
Section 5. Said chapter is further amended by striking Code Section 15-12-165 in its entirety and substituting in lieu thereof a new Code Sec tion 15-12-165 to read as follows:
"15-12-165. Every person indicted for a crime or offense which may subject him to death or to imprisonment for not less than one year may peremptorily challenge 10 of the jurors impaneled to try him. The state shall be allowed the same number of peremptory challenges allowed to the accused."

MONDAY, MARCH 22, 1982

2829

Section 6. Said chapter is further amended by striking Code Section 15-12-169 in its entirety and substituting in lieu thereof a new Code Sec tion 15-12-169 to read as follows:
"15-12-169. Alternate jurors must be drawn from the same source and in the same manner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and challenges. The state shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called. The defendant shall be entitled to the same number of peremptory challenges to alternate jurors as the state. The peremptory challenges allowed to the state and to the defendant in such event shall be in ad dition to the regular number of peremptory challenges allowed in criminal cases to the defendant and to the state as provided by law. When two or more defendants are tried jointly, each defendant shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called."
Part 3
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.

The President ruled that the substitute to HB 1776 offered by Senators McGill of the 24th, Gillis of the 20th, English of the 21st, Kennedy of the 4th, Land of the 16th, Trulock of the 10th, Broun of the 46th and Coleman of the 1st was not ger mane to HB 1776.

Senator Littlefield of the 6th moved that HB 1776 be committed to the Commit tee on Special Judiciary.

On the motion, Senator Sutton of the 9th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bond Bowen Brown of 47th Bryant Cobb Coleman Deal

English Gillis Holloway Howard Hudgins Kennedy Kidd Lester Littlefield

McGill McKenzie Scott Starr Stephens Tate Timmons Turner Wessels

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Barker Bell Brantley Broun of 46th Coverdell Dean Eldridge

Engram Fincher of 52nd Fincher of 54th Foster Garner Hill Horton

Those not voting were Senators:

Allgood Brannon Evans

Greene Land Robinson

Hudson Reynolds Stumbaugh Sutton Trulock Tysinger Walker
Summers Thompson

On the motion, the yeas were 27, nays 21; the motion prevailed, and HB 1776 was committed to the Committee on Special Judiciary.

Dr. John Gamwell of Atlanta, Georgia, served as doctor of the day today.

Senator Kidd of the 25th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal

English Fincher of 52nd Fincher of 54th Foster Gillis Hill Horton Howard Hudgins Kennedy Kidd

Lester Littlefield McGill McKenzie Reynolds Stephens Tate Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Bell Bond Coverdell Dean Eldridge

Engram Garner Holloway Hudson Scott

Starr Stumbaugh Sutton Trulock Tysinger

MONDAY, MARCH 22, 1982

2831

Those not voting were Senators:

Allgood Brannon Evans

Greene Land Robinson

Summers Thompson

On the motion, the yeas were 33, nays 15; the motion prevailed.
At 6:14 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

2832

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, March 23, 1982
Thirty-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 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 resolutions of the Senate were introduced, read the first time and referred to committee:

SR 384. By Senators Robinson of the 27th, Garner of the 30th and Greene of the 26th:
A resolution creating the State Ombudsman Study Committee. Referred to Committee on Rules.

SR 385. By Senator Wessels of the 2nd:
A resolution urging the Congress of the United States to take certain ac tions with regard to the Mortgage Subsidy Bond Tax Act of 1980. Referred to Committee on Rules.

SR 388. By Senators McKenzie of the 14th, Turner of the 8th, Lester of the 23rd and others:
A resolution creating the Workers' Compensation Reform Study Com mittee. Referred to Committee on Rules.

TUESDAY, MARCH 23, 1982

2833

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

Mr. President:

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

SB 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.

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.

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 accordingly.

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.

SB 720. By Senator Starr of the 44th:
A bill to amend an Act known as the "Statewide Prohibition 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.

2834

JOURNAL OF THE SENATE

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

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.

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.

SB 430. By Senator Bryant of the 3rd:
A bill to reincorporate the City of Guyton in the County of Effingham; to repeal and replace the heretofore existing charter of the City of Guyton and provide a new charter for said city; to provide for the creation, in corporation, and powers of said city; to provide for the governmental structure.

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.

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 312. By Senator Horton of the 17th:
A bill to amend Code Chapter 56-3, relating to the general requirements for doing business as an insurer in this state, as amended, so as to require all insurance contracts and policies to be written in simplified and plain language; to provide for enforcement; to provide for remedies.

TUESDAY, MARCH 23, 1982

2835

The House has passed, as amended, by the requisite constitutional majority the following bills 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.

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.

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

SR 281. By Senator Kidd of the 2 5th:
A resolution authorizing the conveyance of certain state-owned property located in Baldwin County, Georgia.

SR 250. By Senator Foster of the 50th:
A resolution authorizing the conveyance of certain real property located in Habersham County.

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 House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

SR 120. By Senator Hill of the 29th:
A resolution authorizing and empowering the State Properties Commis sion, acting in the best interests of the State of Georgia and for and on behalf of and in the name of Georgia, to convey certain State-owned real property located in the City of Warm Springs, Meriwether County, Georgia.

2836

JOURNAL OF THE SENATE

The House has agreed to the Senate substitutes to the following bills of the House:

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 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 the 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 425. By Representatives Cason of the 96th, Harrison of the 20th, Watson of the 114th and others:
A bill to amend Code Chapter 84-3, relating to architects, so as to change the provisions relating to the exemption of certain persons from register ing as architects.

The House has agreed to the Senate amendments to the following bills 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.

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 Sheriff's 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.

TUESDAY, MARCH 23, 1982

2837

HB 1491. By Representatives Coleman of the 118th, Hannerof 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.

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 reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Appropriations 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 1144. Do pass. HR 243. Do pass. HR 331. Do pass. HR 518. Do pass. HR 528. Do pass. HR 585. Do pass. HR 596. Do pass. HR 598. Do not pass. HR 782. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman

2838 Mr. President:

JOURNAL OF THE SENATE

The Committee on Banking, Finance and Insurance has had under considera tion the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1693. Do pass. HB 1742. Do pass.
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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1209. Do pass by substitute. HB 1444. 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 1497. Do pass as amended. HB 1555. Do pass. HB 1594. Do pass. HB 1741. Do pass. HB 1773. Do pass. HB 1839. Do pass as amended. HB 1853. Do pass. HB 1870. Do pass. HB 1876. Do pass. HB 1891. Do pass. HB 1894. Do pass.

TUESDAY, MARCH 23, 1982

2839

HB 1903. Do pass. HB 1906. Do pass by substitute. HB 1919. Do pass. HB 1920. Do pass as amended. HB 1921. Dopass. HB 1922. Dopass. HB 1927. Dopass. HB 1928. Dopass. HB 1929. Dopass. HB 1930. Dopass. HB 1931. Dopass. HB 1939. Dopass. HB 1948. Dopass. HB 1957. Do pass as amended. HR 748. Do pass. HR 751. Dopass. HR 753. Do pass by substitute. HR 758. Do pass by substitute HR 777. Do pass. HR 816. Dopass. HR 817. Dopass. HR 822. Do pass by substitute. HR 823. Dopass. HR 826. Do pass by substitute. HR 828. Dopass.
Respectfully submitted, Senator Dean of the 31 st District, Chairman

Mr. President:
The Committee on Human Resources has had under consideration the follow ing bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 993. Dopass.

2840

JOURNAL OF THE SENATE

HB 1695. Do pass. HR 545. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1290. Do pass by substitute. HB 1293. Do pass. HB 1508. Do pass as amended. HB 1636. Do pass as amended. HB 1724. Do pass as amended. HB 1729. Do pass. HB 1814. Do pass. HB 1838. Do pass. HB 1847. Do pass by substitute. HR 706. Do pass as amended.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman

Mr. President:

The Committee on Public Utilities 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 710. Do pass.
Respectfully submitted, Senator Brown of the 47th District, Chairman

TUESDAY, MARCH 23, 1982

2841

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 76. 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 and the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 363. Do pass. SR 366. Do pass. HR 690. 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 1224. Do pass as amended.
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:

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.

2842

JOURNAL OF THE SENATE

SR 366. By Senator Lester of the 23rd:
A resolution creating the Senate County and Municipal Insurance Premium Tax Study Committee.

HB 1144. By Representative Harris of the 8th:
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 for herein.

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 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.

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 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.

HR 243. By Representative Jones of the 126th: A resolution compensating Mrs. Dora Salkin in the amount of $ 135.15.

HR 331. By Representative Kilgore of the 65th: A resolution compensating Ms. Linda A. Sikes in the amount of $50.00.

HR 518. By Representative Buck of the 95th:
A resolution compensating Mr. J. B. Cummings in the amount of $1,327.27.

TUESDAY, MARCH 23, 1982

2843

HR 528. By Representative Oliver of the 121st:
A resolution compensating Mr. John D. Bradley in the amount of $3,000.00.

HR 585. By Representative Steinberg of the 46th:
A resolution compensating Mr. Bobby L. Kinard in the amount of $198.00.

HR 596. By Representative Crawford of the 5th: A resolution compensating Mr. Arthur Mann in the amount of $ 114.98.

HR 690. By Representatives Adams of the 36th, Bolster of the 30th, Johnson of the 66th and others:
A resolution urging the Georgia Office of Energy Resources to provide expertise in assisting persons in the development of small-scale hydroelectricity.

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 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.

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.

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.

2844

JOURNAL OF THE SENATE

HB 1290. By Representatives Walker of the 115th, Ware of the 68th, Phillips of the 125th and other:
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 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.

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.

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 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 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 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.

TUESDAY, MARCH 23, 1982

2845

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 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.

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 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 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 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.

2846

JOURNAL OF THE SENATE

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 competent to testify to the adultery of the other; to amend the Official Code of Georgia Annotated accordingly.

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.

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 according-

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 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 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 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.

TUESDAY, MARCH 23, 1982

2847

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.

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 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 1919. By Representative McDonald of the 12th:
A bill to provide for the consolidation and merger of the Jefferson City School District, the Commerce City School District, and the Jackson County School District into a single area school district under the control and management of an area board of education pursuant to the authority of Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1976.

HB 1920. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of certain officers and personnel of the court.

HB 1921. By Representative Reaves of the 147th:
A bill to amend Code Title 91 A, relating to revenue and taxation, so as to change certain provisions relative to population; to amend the Official Code of Georgia Annotated accordingly.

HB 1922. By Representatives Childers of the 15th, Montgomery of the 16th and Adams of the 14th:
A bill to amend an Act creating a new charter for the City of Rome, so as to change and extend the corporate limits of said city.

2848

JOURNAL OF THE SENATE

HB 1927. By Representative Jessup of the 117th:
A bill to provide for the appointment of the school superintendent of the Pulaski County School District.

HB 1928. By Representative Edwards of the 110th:
A bill to amend an Act creating a Board of Commissioners for the County of Marion, so as to change the compensation of the chairman and the other members of the board.

HB 1929. By Representatives Moody and Byrd of the 138th:
A bill to amend an Act creating the board of commissioners of Appling County, so as to provide two different plans for changing the composi tion and manner of selection of members of the board.

HB 1930. By Representative Long of the 142nd:
A bill to amend an Act incorporating the City of Cairo, in the County of Grady, and the granting of a charter to that municipality under said cor porate name and style, so as to abolish the Mayor's Court of the City of Cairo; to create and establish in lieu thereof a Recorder's Court for said city.

HB 1931. By Representative Coleman of the 118th:
A bill to provide for the compensation of certain county officers and of ficials of Dodge County; to provide for certain expense allowances; to provide for annual cost-of-living increases in salary; to provide for per sonnel in certain county offices.

HB 1939. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act creating the Brunswick Port Authority, so as to authorize the Authority to borrow money from any source, public or private, for any of its corporate purposes and make contracts and execute instruments in connection therewith.

HB 1948. By Representatives Cummings of the 17th and Montgomery of the 16th:
A bill to repeal an Act establishing the State Court of Polk County, so as to abolish the State Court of Polk County.
HB 1957. By Representatives Fortune and Mostiler of the 71st:
A bill to create the Spalding County Water and Sewerage Facilities Authority, to authorize such Authority to acquire, construct, equip, operate, maintain, own and improve self-liquidating projects embracing sources of water supply, the treatment, distribution and sale of water and related facilities to individuals, private concerns, municipal corpora tions and governmental units, the collection, treatment and disposal of sewage waste and storm water, and any related facilities.

TUESDAY, MARCH 23, 1982

2849

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.

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 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 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.

2850

JOURNAL OF THE SENATE

HR 816. ByRepresentativeJessupof the 117th:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Pulaski County from education districts and to provide for other matters relative thereto.

HR 817. ByRepresentativeJessupof the 117th:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Bleckley County from education districts and to provide for other mat ters relative thereto.

HR 822. By Representative Crawford of the 5th:
A resolution proposing an amendment to the Constitution, so as to allocate to the Chattooga County School District and the Trion Indepen dent School District the proceeds of any local sales and use tax levied within Chattooga County and provide for corresponding ad valorem tax adjustments.

HR 823. By Representatives Fortune and Mostiler of the 71st:
A resolution proposing an amendment to the Constitution so as to declare the construction of certain public facilities in Spalding County to be an essential governmental function.

HR 826. By Representatives Fortune and Mostiler of the 71st:
A resolution proposing an amendment to the Constitution so as to pro vide that the Griffin-Spalding County Board of Education shall be com posed of ten members to be elected from ten education districts by the electors of their respective districts.

HR 828. By Representative Padgett of the 86th:
A resolution creating the Richmond County Merit System Advisory Com mission.

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 759. By Senator Evans of the 37th:
A bill to repeal an Act creating the City of Atlanta Group Insurance Board Authority.

TUESDAY, MARCH 23, 1982

2851

The report 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 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.

The report 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 782. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to change the method of selection of members of the GlynnBrunswick Hospital Authority; to provide for qualifications of members.

Senators Littlefield of the 6th and Bryant of the 3rd offered the following amendment:

Amend SB 782 by striking all matter from lines 1 through 7 of Page 2 and inserting in lieu thereof the following:
"(b) (1) The provisions of Code Sections 89-916 and 89-953 (and Code Sections 45-10-3 and 45-10-23 of the Official Code of Georgia Annotated), as now or hereafter amended, shall apply to all members of the authority. The provisions of Code Sections 89-916 and 89-953(1) (and paragraph (9) of Code Section 45-10-3 and Code Section 45-10-23 of the Official Code of Georgia Annotated), as now or hereafter amended, shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with or otherwise deal with any member or any organization or per son with which any member of the authority is in any way interested or involved, provided (A) that any interest or involvement by such member is disclosed in advance to the authority and is recorded in the minutes of the authority; (B) no member having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any

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such organization or person; and (C) no member having a substantial interest or involvement may participate in any decision of the authori ty relating to any matter involving such organization or person. As us ed herein, a 'substantial interest' shall mean any interest which reasonably may be expected to result in a direct financial benefit to such member as determined by the authority, which determination shall be final and not subject to review.
(2) Nothing contained herein or in said Code sections shall be deemed to prohibit any member who is present at any meeting or who participates in any decision of the authority from providing legal ser vices in connection with any of the undertakings of the authority or from being paid for such services."

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 ameneded.

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.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 1492 by striking from line 1 of Page 2 the following:
"meets all the requirements for holding",
and inserting in its place the following:
"possesses all the qualifications a person must possess to be eligi ble for election to, or hold,''.

On the adoption of the amendment, the yeas were 52, nays 0, and the amend ment was adopted.

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2853

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 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.

The report 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 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.

The report 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, ws passed.

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 Comi 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 rekting to duties of the board of com missioners.

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

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

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

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.

The report 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 1672. By Representatives Darden and Thompson of the 19th, Aikenof the21st, and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain costs in said court.

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

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

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

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.

TUESDAY, MARCH 23, 1982

2855

The report 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 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.

The report 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 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-

The report 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 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.

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

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

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

HB 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.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1725:

A BILL
To be entitled an Act to amend an Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, so as to enlarge the Downtown Marietta District; 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 creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, is amended by adding at the end of Section 3 the following:
' 'Also, all that tract or parcel of land lying and being in Land Lot 1290 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows:
Beginning at the intersection of the South side of Reynolds Street and the West side of Powder Springs Road, and running thence southerly along Powder Springs Road 222 feet, more or less, to the center line of the abandoned right of way of West Goss Street; running thence westerly along the center line of the abandoned right of way of West Goss Street 495 feet, more or less, to an alley; running thence northerly along said alley 214 feet to the South side of Reynolds Street; running thence easterly along the South side of Reynolds Street 505 feet, more or less, to the West side of Powder Springs Road and the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lot 1290 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows:
Beginning at the intersection of the center line of the abandoned right of way of West Goss Street with the West side of the right of way of Powder Springs Road, and running thence southerly along the West side of Powder Springs Road 124 feet to a point and corner; running thence westerly 294.3 feet to a point and corner; running thence

TUESDAY, MARCH 23, 1982

2857

northerly 124 feet to a point and corner on the center line of the aban doned right of way of West Goss Street; running thence easterly along the center line of the abandoned right of way of West Goss Street 289 feet to the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lot 1291 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows:
Beginning at the Northeast corner of Land Lot 1291 where the East line of said Land Lot intersects the South side of Trammell Street, and running thence South 0 08' 22" West along property owned by Philip L. Secrist and along the West line of the Downtown Marietta District 245.44 feet to the North side of Reynolds Street; running thence westerly along the North side of Reynolds Street 180 feet, more or less, to the property now or formerly owned by Bassler; run ning thence northerly along said Bassler property 250 feet, more or less, to the South side of Trammell Street; running thence easterly along the South side of Trammell Street 180 feet, more or less, to the point of beginning, and being known as Nos. 143-145 Trammell Street, Marietta, Georgia.
Also included are those portions of the rights of way of Powder Spring Road and Reynolds Street bounded on both sides by property within the District and annexed property, and bounded on both sides by annexed property.
Also, all that tract or parcel of land lying and being in Land Lots 1218, 1219, 1230 and 1231 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly describ ed as follows:
BEGINNING at a point on the South side of Whitlock Avenue at the intersection thereof with the West side of Powder Springs Street, and running thence westerly along the South side of Whitlock Avenue 95 feet to property of the City of Marietta known as the Dosser House, and running thence southerly along said Marietta property 267 feet to a point and corner; running thence easterly along property of the YWCA 178 feet to a point and corner on the West side of Powder Springs Street; running thence northerly along the West side of Powder Springs Street 253 feet to a point and corner; running thence northwesterly along Powder Springs Street 54 feet to its point of in tersection with the South side of Whitlock Avenue and the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lots 1219 and 1230 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a concrete marker located on the southerly right of way of Whitlock Avenue 97 feet East of the intersection thereof with the East side of Wright Street, and running thence easterly along the southerly right of way of Whitlock Avenue 90 feet to a point and corner; running thence southerly 320.7 feet to an iron pin and corner;

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running thence westerly for a distance of 96.3 feet to an iron pin and corner; running thence northerly for a distance of 328.9 feet to the concrete marker at the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lots 1219 and 1230 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at the intersection of the South side of Whitlock Avenue and the East side of Wright Street, and running thence easter ly along Whitlock Avenue 97 feet to a concrete marker; running thence southerly 325 feet to a point and corner; running thence westerly 97 feet along the South side of a ten-foot easement to the East side of Wright Street; running thence northerly along the East side of Wright Street 335 feet to the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lot 1159 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at an iron pin on the North side of the sidewalk of Lemon Street 75.5 feet East of the intersection thereof with the East side of Church Street at the Southeast corner of property belonging to the City of Marietta (formerly known as the Clarke Library); and run ning thence East along the North side of Lemon Street 93 feet to an iron pin at the Southwest corner of property now or formerly belong ing to Cogburn 133.5 feet West of the West side of Cherokee Street; running thence North 100 feet to an iron pin and corner; running thence West 91.6 feet to an iron pin and corner; running thence South along City of Marietta property 98.8 feet to the iron pin at the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lot 1159 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a point on the West side of Cherokee Street 91 feet North of the intersection thereof with the North side of Lemon Street, and running thence West 131 feet to an iron pin and corner; running thence North 92 feet to a corner; running thence East 131 feet to the West side of Cherokee Street; running thence South along the West side of Cherokee Street for a distance of 91 feet to the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lot 1159 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at the intersection of the East side of Church Street and the South side of Ardis Street, and running thence easterly along the South side of Ardis Street 310 feet to the West side of Cherokee Street; running thence southerly along Cherokee Street 100 feet to a point and corner; running thence westerly 310 feet to a point and cor ner on the East side of Church Street; running thence northerly along the East side of Church Street 100 feet to the point of beginning.

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2859

Also, all that tract or parcel of land lying and being in Land Lot 1159 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at an iron pin on the Southeast corner of the in tersection of Cherokee Street and Forest Avenue, and running thence easterly along the South side of Forest Avenue 65 feet to an iron pin and corner; running thence southerly 164.53 feet to a point and corner on the South side of an ingress and egress easement; running thence westerly 65 feet along the South side of said easement to a point and corner on the East side of Cherokee Street; running thence northerly along the East side of Cherokee Street 164.53 feet to the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lot 1159 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at an iron pin on the East side of Cherokee Street 53.5 feet North of the intersection thereof with the North side of Lemon Street, and running thence northerly along the East side of Cherokee Street 94 feet to an iron pin and corner on the South side of an ingress and egress easement; running thence easterly 273 feet to an iron pin and corner; running thence southerly 94 feet to an iron pin and corner; running thence westerly 273 feet to an iron pin and corner on the East side of Cherokee Street and the point of beginning.
Also, all that tract or parcel of land lying and being in the City of Marietta, Cobb County, Georgia, and being known as No. 301 Washington Avenue, and being more particularly described as follows:
BEGINNING at the intersection of the North side of Washington Avenue with the East side of Cole Street, and running thence in an easterly direction 108.18 feet along the North side of Washington Avenue to an iron pin; running thence in a northerly direction a distance of 135.53 feet to an iron pin; running thence West a distance of 108.77 feet to an iron pin located on the East side of Cole Street; running thence South and along the East side of Cole Street a distance of 141.35 feet to the point of beginning."
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.

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

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

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

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

The report 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 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.

The report 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 1753. By Representatives Darden, Thompson and Wilson of the 19th, Nix of the 20th 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.

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

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

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

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2861

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.

The report 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 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.

The report 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 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.

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

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

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

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HB 1806. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act placing the Bade County probate judge on an an nual salary, so as to change provisions relating to compensation of the judge's deputies and clerks.

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

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

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

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.

The report 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 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.

The report 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 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.

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2863

The report 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 1810. By Representatives Snow and Hays of the IstandCrawfordof the 5th:
A bill to amend an Act creating the office of Bade 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.

The report 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 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.

The report 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 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.

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

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

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

HB 1815. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend Code Title 91A, 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.

The report 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 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''.

The report 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 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".

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2865

The report 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 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.

The report 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 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.

The report 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 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.

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

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

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

HB 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.

The report 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 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.

The report 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 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.

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

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

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

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2867

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.

The report 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 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.

The report 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 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.

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

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

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

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HB 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.

The report 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 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.

The report 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 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.

The report 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 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.

TUESDAY, MARCH 23, 1982

2869

The report 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 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.

The report 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 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.

The report 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 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.

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

2870

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.

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.

The report 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 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.

The report 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 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.

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

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

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

TUESDAY, MARCH 23, 1982

2871

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.

The report 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 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.

The report 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 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.

The report 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.

2872

JOURNAL OF THE SENATE

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.

The report 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 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.

The report 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 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.

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

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

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

TUESDAY, MARCH 23, 1982

2873

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.

The report 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 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.

The report 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 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.

The report 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.

2874

JOURNAL OF THE SENATE

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.

The report 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 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 report 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 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.

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

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

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

TUESDAY, MARCH 23, 1982

2875

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.

The report 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 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.

The report 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 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.

The report 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.

2876

JOURNAL OF THE SENATE

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.

The report 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 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 report 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 1908. By Representative Adams of the 79th:
A bill to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia pertaining to the City of Molena in the County of Pike; to provide a new charter therefor; to organize the municipal government thereof; to prescribe 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 52, nays 0.

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

TUESDAY, MARCH 23, 1982

2877

HB 1909. By Representative Adams of the 79th:
A bill to amend an Act increasing the compensation of the chairman and other members of the board of commissioners of Upson County, so as to provide for the reimbursement of expenses of the chairman and other members of the board of commissioners.

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

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

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

HB 1910. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the amount payable for clerical help in that of fice.

The report 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 1911. By Representative Edwards of the 110th:
A bill to amend an act abolishing the present mode of compensating the Ordinary of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the provisions relative to the authority of the judge of the probate court to appoint certain person nel.

The report 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.

2878

JOURNAL OF THE SENATE

HB 1912. By Representative Edwards of the 110th:
A bill to amend an Act abolishing the mode of compensating the Clerk of the Superior Court of Taylor County, known as the fee system, and pro viding in lieu thereof an annual salary, so as to change certain provisions relative to the authority of the clerk to appoint personnel.

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

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

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

HB 1937. By Representatives Moore and Smith of the 152nd, Moody of the 138th and others:
A bill to provide for a referendum election in Pierce County at which the voters of the Pierce County School District shall be given several choices relating to the composition and selection of the board of education and relating to the appointment or election of the county school superinten dent.

The report 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 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
Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Lester McGill

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

TUESDAY, MARCH 23, 1982

Those not answering were Senators:

Bell Bond

Greene Land

Littlefield Sutton

2879

Senator Stephens of the 36th introduced the chaplain of the day, Reverend Tim Hobbs, pastor of Travelers Rest Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 386. By Senators Stephens of the 36th, Bond of the 39th, Tate of the 38th and others:
A resolution commending the City of Atlanta and officials and employees of the city.

SR 387. By Senator Reynolds of the 48th:
A resolution expressing regret at the passing of Mr. Charles Thomas Hitchcock.

SR 389. By Senators Gillis of the 20th, English of the 2 1st, Walker of the 19th and others:
A resolution commending Mr. H. Glenn Anthony.

SR 390. By Senators Foster of the 50th, Deal of the 49th, Reynolds of the 48th and others:
A resolution honoring the Honorable Phillip Mitchell Landrum.

SR 392. By Senator Reynolds of the 48th: A resolution congratulating Kenneth Nealy.

SR 393. BySenatorsBrannonoftheSlstandKiddof the25th:
A resolution commending the American Automobile Association Georgia Motor Club.

SR 394. By Senators Wessels of the 2nd, Coleman of the 1st, Kennedy of the 4th and others:
A resolution commending the Georgia Nurses Association and recognizing the seventy-fifth anniversary of its founding.

2880

JOURNAL OF THE SENATE
SENATE RULES CALENDAR Tuesday, March 23, 1982
THIRTY-EIGHTH LEGISLATIVE DAY

SR 361. Georgia Coastal Islands Study Committee--create (NREQ.--3rd)
HB 1630. Utility Finance Section Director--change qualifications (IL&Tou-- 15th)
HB 364. Primaries and Elections--number of electors which may assist (AMENDMENT) (Gov Op-25th)
HB 1435. List of Dangerous Drugs--amend (Hum R--42nd)
HB 589. Student Finance Authority--tuition equalization grants certain outof-state students (H Ed--54th)
HB 1243. Superior Court Judges Retirement--senior judges may elect spouse benefits (Ret--33rd)
HB 1436. Elementary, Secondary, Adult Education--procedures for superintendent (SUBSTITUTE) (Ed-44th)
HB 1237. Licensed Resident Local Insurance Agents--applicability of Code Chapter 33-22 (BF&I-28th)
HB 1546. George L. Smith II Georgia World Congress Center--re-creation, powers (AMENDMENT) (IL&Tou-35th)
HB 1736. Indemnification for Death of Policeman, Prison Guard--redefine prison guard (Off R--4th)
HB 1433. Adequate Program for Education in Georgia--conditions for lifetime certification (Ed--31st)
HB 1321. Public School Employees' Retirement--disability retirement benefits (Ret--38th)
HB 1900. Elections--substitute "precinct" for "election district" (AMENDMENT) (Gov Op-25th)
HB 1527. Operating Amateur Radio in Automobile--additional tag fee (Trns-48th)
HB 1102. Certain Subdivided Land--regulate sale and offer to sell (AMENDMENT) (Gov Op--6th)
HB 1495. Regulation of Dealers in Precious Metals--change certain definitions (IL&Tou--43rd)
HB 1342. Teachers' Retirement--credit for service in schools under Bureau of Indian Affairs (Ret--38th)
HR 658. Butts County--conveyance of certain state-owned real property (AMENDMENT) (Pub U-17th)
HB 1618. Act on Fair Access to Insurance Requirements--date Act not effective (BF&I--44th)
HB 1368. Clinical Laboratories, Blood Bank, and Tissue Bank Committeequalifications of one member (Hum R--30th)

TUESDAY, MARCH 23, 1982

2881

HB 1553. Hospital Regulation--include free-standing emergency clinics and birthing centers (Hum R--23rd)
HB 1340. Teachers' Retirement--determination of ceratin rates of interest (Ret-38th)
HR 747. Charlton County--releasing certain property to board of commissioners (Pub U--7th)
HB 291. Teachers' Retirement--relative to a definition (SUBSTITUTE) (Ret-40th)
HB 1631. Superior Court Clerk--vacancy provisions not apply to other county officers (Gov Op--25th)
HB 1825. Certain Boards of Elections--change population provisions (Gov Op-25th)
SR 364. Georgia Railroad Freight Depot--urge use as state museum (IL&Tou-41st)
SR 344. Senate Study Committee on Suspension and Discipline in Schoolscreate (AMENDMENT) (Ed-15th)
HB 1783. Supreme Court and Court of Appeals--court report (Judy--33rd)
HB 904. Georgia Physical Therapy Act--designate powers of board (Hum R-42nd)
HB 1587. Fire Safety Standards Act--change effective date (Pub Saf--28th)
HB 1327. Affidavits of Indigence--court may inquire into the truth (AMENDMENT) (SJudy-23rd)
HB 1429. Code of Georgia-amend Title 9, 12 and 16 (AMENDMENTS) (Judy-33rd)
HB 1381. Game and Fish--body-gripping trap over 9'/z inches square only in and around water (NREQ--19th)
SR 346. Environmental Facilities Study Commission--create (NREQ--44th)
HB 1449. Interest on Executions for Municipal Taxes--change provisions (BF&I-14th)
HB 1513. Insurers--invest in bonds and notes secured by mortgage (AMENDMENT) (BF&I-23rd)
HB 1730. Summons--defendant served by posting copy of summons on door (AMENDMENT) (Judy-5th)
HB 1351. Property Ad Valorem Tax -- application for exemption (AMENDMENT) (BF&I-43rd)
Respectfully submitted,
1st Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee

2882

JOURNAL OF THE SENATE

:

The following resolution of the Senate, favorably reported by the committee,

gj

was read the third time and put upon its adoption:

^

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.

Senator Holloway of the 12th offered the following amendment:

Amend SR 361 by striking Section 3 in its entirety and renumbering

-'

Sections 4, 5 and 6 as Sections 3, 4 and 5.

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

*

On the adoption of the resolution, a roll call was taken, and the vote was as

I

follows:

:

Those voting in the affirmative were Senators:

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

Evans Fincher of 52nd Fincherof 54th Foster Garner Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

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

Those not voting were Senators:

Allgood Bond Coverdell Dean

Gillis Greene Land

Robinson Tate Timmons

TUESDAY, MARCH 23, 1982

2883

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

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

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

HB 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.
Senate Sponsor: Senator Hudgins of the 15th.

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

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

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

Bond Bryant
Coverdell

Gillis Greene

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

2884

JOURNAL OF THE SENATE

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

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

HB 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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 364 by striking from lines 8 and 9 on Page 3 the follow ing:
"50 per cent, to be retained by the county political party with which the candidate qualified",
and inserting in lieu thereof the following:
"25 per cent, to be retained by the county political party with which the candidate qualified; 25 per cent, to be transmitted to the State political party''.
By striking lines 17 and 18 on Page 6 and inserting in lieu thereof the following:
"25 percent to be retained by the county political party with which the candidate qualified; 25 percent to be transmitted to the state political party;''.

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

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker

Barnes Bell Bowen

Brannon Brantley Broun of 46th

TUESDAY, MARCH 23, 1982

Brown of 47th Bryant Coleman Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis

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

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

Those not voting were Senators:

Bond Cobb Coverdell

Greene Holloway

Robinson Wessels

2885

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 resolution of the Senate was taken up for the purpose of con sidering the House substitute thereto:
SR 120. By Senator Hill of the 29th: A resolution authorizing and empowering the State Properties Commis sion, acting in the best interests of the State of Georgia and for and on behalf of and in the name of Georgia, to convey certain State-owned real property located in the City of Warm Springs, Meriwether County, Georgia.
The House substitute to SR 120 was as follows:
A RESOLUTION
Authorizing the State of Georgia, acting by and through its Depart ment of Human Resources, to make approximately 70 acres of land in Meriwether County, Georgia, available to Georgia Easter Seal Society, Inc., for the purpose of their constructing and operating thereon camping facilities for handicapped citizens of Georgia; to provide an effective date; and for other purposes.

2886

JOURNAL OF THE SENATE
WHEREAS, the State of Georgia is the owner of approximately 70 acres of land located in Meriwether County, Georgia; and
WHEREAS, the Roosevelt Warm Springs Institute for Rehabilitation, which is operated by the Department of Human Resources, is located on property which includes the aforesaid approximately 70 acres of land; and
WHEREAS, the aforesaid approximately 70 acres of land is ap propriate for the joint needs and use of the State of Georgia and its Department of Human Resources in its operation of the Roosevelt Warm Springs Institution for Rehabilitation and Georgia Easter Seal Society, Inc.; and
WHEREAS, Georgia Easter Seal Society, Inc., a nonprofit organiza tion providing rehabilitation services to handicapped citizens of Georgia, desires to utilize a portion of said land being more particularly described as follows:
"All that tract of land, containing approximately 70 acres, situate, lying and being adjacent to the City of Warm Springs in Meriwether County, Georgia, and being more particularly described as follows:
Beginning at a point South 62 49' 19" West 75 feet + from iron pin on Southwest side of Pine Road across from Institute house known as Wilson Cottage; then South 62 49' 19" West 888 feet + to iron pin; then South 88 04' 31" West 228.65 feet to iron pin; then South 88 04' 33" West 1847 feet ; then due North 600 feet ; then North 45 0' East 1400 feet + ; then due East 250 feet to a point on Southwest side of Pine Road; then follow a line 150 feet Southwest of center line of Pine Road 2150 feet to the point of beginning, con taining approximately 70 acres .";
and
WHEREAS, Georgia Easter Seal Society, Inc., desires to construct and operate on said approximately 70 acres of land camping facilities for handicapped citizens of Georgia and desires to allow the Department of Human Resources to utilize said facilities, based upon a mutually agreed upon schedule of joint utilization.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia, acting by and through the Department of Human Resources, is hereby authorized and empowered to take appropriate action to make said approximately 70 acres of land available to Georgia Easter Seal Society, Inc., for the purpose of their constructing and operating thereon camping facilities for handicapped citizens of Georgia. There shall be a cooperative agreement signed by representatives of the Department of Human Resources and the Georgia Easter Seal Society, Inc., which provides the Department of Human Resources sufficient utilization of the camping facility.

TUESDAY, MARCH 23, 1982

2887

Section 2. That said appropriate action which the State of Georgia, acting by and through the Department of Human Resources, is hereby authorized and empowered to take shall be under whatever terms and conditions the Department of Human Resources may impose and may take the form of a rental, lease, license, or deed transaction of either all or a portion of the rights, title, and interests which the State of Georgia, acting by and through the Department of Human Resources, has in and to the said approximately 70 acres of land; provided, however, that any and all agreements pertaining to the above described property shall be submitted to the State Properties Commission for approval prior to any execution by the State of Georgia, acting by and through the Department of Human Resources.
Section 3. That the State of Georgia, acting by and through the Department of Human Resources, is authorized to revise the above description in order to conform with an accurate plat of survey of all or a portion of the said approximately 70 acres of land if such plat of survey is approved by the Department of Human Resources.
Section 4. That said appropriate action referenced above in Sections 1 and 2 of this resolution if taken by the State of Georgia, acting by and through the Department of Human Resources and approved by the State Properties Commission, is hereby declared by the General Assembly to be in the best interests of the public and the taxpayers of Georgia.
Section 5. That this resolution shall become effective upon its ap proval by the Governor or upon its becoming law without his approval.

Senator Hill of the 29th moved that the Senate agree to the House substitute to SR120.

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 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 Timmons Trulock Turner Tysinger Walker Wessels

2888

JOURNAL OF THE SENATE

Those not voting were Senators:

Bond Cobb

Holloway

Thompson

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 120.

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

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.
Senate Sponsors: Senators Howard of the 42nd and Fincher of the 54th.

Senator Kidd of the 25th offered the following amendment:

Amend HB 1435 by striking from the title, beginning on line 14 of Page 1, the following:
"as well as to recognize certain abuses and medical uses of Schedule I substances;".
By striking from line 13 of Page 3 the following:
"$500.00",
and inserting in lieu thereof the following:
"$2,500.00".
By adding between lines 19 and 20 on Page 11 a new Section 14A to read as follows:
"Section 14A. Said Code title is further amended by striking in its entirety subsection jb) of Code Section 79A-820 and inserting in lieu thereof a new subsection (b) to read as follows:
'(b| (1) When a registered practitioner writes a prescription to cause the dispensing of Schedule II substance he shall include the name and address of the person for whom it is prescribed, the kind and quantity of such Schedule II Controlled Substance, the directions for taking, the signature, name, address and Federal Registration number of the prescribing practitioner, and such prescriptions shall be signed and dated by the prescribing practitioner on the date when issued.

TUESDAY, MARCH 23, 1982

2889

(2) Notwithstanding any other provisions of law, a prescription for methaqualone shall not exceed 15 tablets or 4.9 grams; and a practi tioner shall not prescribe methaqualone for a patient more than once every 15 days unless the practitioner has written authorization from the Composite State Board of Medical Examiners to prescribe addi tional amounts of such drug for each such patient. Each practitioner and each pharmacist shall keep a separate record of prescriptions for methaqualone, which records shall be readily accessible for inspec tion by any person lawfully engaged in the enforcement of this chapter.' "
By striking in its entirety Section 16, beginning on line 6 of Page 12, which reads as follows:
"Section 16. Said title is further amended by striking the period at the end of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, and inserting in its place a semicolon, and by adding thereafter new paragraphs (4) and (5) to read as follows:
'(4) Any material, compound, mixture, or preparation which con tains any of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
(A) Fenethylline;
(5) Notwithstanding the fact that Schedule I substances have no currently accepted medical use, the General Assembly recognizes cer tain of these substances which are currently accepted for certain limited medical uses in treatment in the United States but have a high potential for abuse. Accordingly, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of methaqualone, in cluding its salts, isomers, optical isomers, salts or their isomers, and salts of these optical isomers, is included in Schedule I.' ",
and inserting in lieu thereof a new Section 16 to read as follows:
"Section 16. Said title is further amended by striking the period at the end of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, and inserting in its place a semicolon, and by adding thereafter a new paragraph (4) to read as follows:
'(4) Any material, compound, mixture, or preparation which con tains any of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
(A) Fenethylline.' "

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JOURNAL OF THE SENATE
By striking in its entirety Section 17.1, beginning on line 27 of Page 13, which reads as follows:
"Section 17.1. Said title is further amended by striking paragraph (4) of Code Section 16-13-26 and inserting in its place a new paragragh (4) to read as follows:
'(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any of the following substances included as having a depres sant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designa tion:
(A) Amobarbital;
(B) Secobarbital;
(C)Pentobarbital.' "
By adding between lines 21 and 22 on Page 16 a new Section 20A to read as follows:
"Section 20A. Said title is further amended by striking in its en tirety subsection (b) of Code Section 16-13-41 and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) (1) When a registered practitioner writes a prescription to cause the dispensing of a Schedule II substance, he shall include the name and address of the person for whom it is prescribed, the kind and quantity of such Schedule II controlled substance, the directions for taking, the signature, and the name, address, and federal registra tion number of the prescribing practitioner. Such prescriptions shall be signed and dated by the prescribing practitioner on the date when issued.
(2) Notwithstanding any other provisions of law, a prescription for methaqualone shall not exceed 15 tablets or 4.9 grams; and a practi tioner shall not prescribe methaqualone for a patient more than once every 15 days unless the practitioner has written authorization from the Composite State Board of Medical Examiners to prescribe addi tional amounts of such drug for each such patient. Each practitioner and each pharmacist shall keep a separate record of prescriptions for methaqualone, which records shall be readily accessible for inspec tion by any person lawfully engaged in the enforcement of this chapter.' "

On the adoption of the amendment, the yeas were 4, nays 40, and the amend ment was lost.

TUESDAY, MARCH 23, 1982

2891

Senator Gillis of the 20th offered the following amendment:

Amend HB 1435 by striking on Page 3, line 13 and on Page 58, line 3 the following:
"$500.00",
and inserting in lieu thereof the following:
"$2,500.00".

On the adoption of the amendment, the yeas were 47, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Holloway

Scott

On the passage of the bill, the yeas were 53, nays 0.

Timmons

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

2892

JOURNAL OF THE SENATE

Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1435.

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

Mr. President:

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

SB 325. By Senator Howard of the 42nd:
A bill to amend Code Title 8, relating to attachment, so as to provide when a judgment of attachment binds the defendant's property; to pro vide for setting aside judgments; to provide for issue of execution and levy on judgments; to provide for application of proceeds of sales.

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, approved February 20, 1956 (Ga. L. 1956, p. 161), so as to provide an increase in compensation for uniformed officers employed by the Department of Offender Rehabilitation in cor rectional institutions; to amend the Official Code of Georgia Annotated accordingly.

The following resolutions of the Senate were read and adopted:

SR 391. By Senator Broun of the 46th: A resolution commending Mr. John Coleman.

Senator Broun of the 46th introduced John Coleman, television weatherman on Good Morning America program.

SR 382. By Senator Horton of the 17th:
A resolution commending the Crawford County High School Basketball Team.

Senator Horton of the 17th introduced the coach and team members of the Crawford County High School Basketball Team.

TUESDAY, MARCH 23, 1982

2893

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

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 House amendment was as follows:

Amend SB 642 by striking from line 21 Page 1 the following: "shall expend or use such funds only"
and add in its place the following: "may expend or use such funds'';
and by striking from line 6, Page 1, the following: "shall only"
and substituting in lieu thereof the following: "may"

Senator Cobb of the 28th moved that the Senate agree to the House amendment to SB 642.

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 English Fincher of 52nd Fincher of 54th Foster

Garner Gillis Greene Holloway Horton Howard Hudgins Kennedy Kidd

2894

JOURNAL OF THE SENATE

Land Lester McGill McKenzie Reynolds

Robinson Scott Stephens Stumbaugh Summers

Those not voting were Senators:

Bond Coverdell Dean Eldridge Engram

Evans Hill Hudson Littlefield Starr

Tate Thompson Turner Walker Wessels
Sutton Timmons Trulock Tysinger

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 642.

Senator Greene of the 26th introduced the doctor of the day, Dr. John Souma, of Macon, Georgia.

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

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 House substitute to SB 660 was as follows:

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 change the provisions relative to coverage of employees under the State Merit System of Personnel Ad ministration; to provide for other matters relative thereto; to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions under the Teachers Retirement System, so as to delete a reference therein to the Georgia Educational Improvement Council; to provide an effective date; to repeal conflicting laws; and for other pur poses.

TUESDAY, MARCH 23, 1982

2895

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. Said Chapter 7 is further amended by striking subsection (b) of Code Section 20-7-3 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The council is authorized to employ an executive director and such other personnel as may be necessary to carry out the duties of the council. The executive director and other employees of the council shall be under the Employees' Retirement System, but only secretarial and clerical employees shall be under the State Merit System of Per sonnel Administration.''
Section 3. 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 (Q) of paragraph (28) which reads as follows:
"(Q) The director and any associate directors of the Georgia Educational Improvement Council. The council shall pay the required employer contributions;",
in its entirety.
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.

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JOURNAL OF THE SENATE

Senator Foster of the 50th moved that the Senate agree to the House substitute to SB 660.

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 Brantley Broun of 46th Bryant Cobb Coleman Deal Dean Eldridge
English Fincher of 52nd

Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill
McKenzie Reynolds

Those not voting were Senators:

Bond Brannon Brown of 47th

Coverdell Engram Evans

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

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 660.

The following local bill of the Senate was taken up for the purpose of consider ing the House amendments thereto:

SB 165. By Senator Tate of the 38th:
A bill to amend an Act fixing the compensation of the board of commis sioners of counties having a population in excess of 500,000, according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relative to population; to change the maximum amount of compensation which may be paid to such com missioners.

TUESDAY, MARCH 23, 1982 The House amendments were as follows:

2897

Amendment No. 1:

Amend SB 165 on Page 2, line 10, by deleting the quotation mark and adding a new sentence to read as follows:
"Any such increase in compensation shall not be effective until after the taking of office of those elected at the next regular county election which is held immediately following the date on which the action to increase such compensation was taken."

Amendment No. 2:

Amend SB 165 as follows:
On Page 1, line 19, delete the figure "20,000.00" and insert in lieu thereof the figure "15,000.00"
On Page 1, line 21, delete the figure "17,000.00" and insert in lieu thereof the figure "14,000.00"
On Page 1, line 27, delete the figure "20,000.00" and insert in lieu thereof the figure "15,000.00"
On Page 2, line 2, delete the figure "17,000.00" and insert in lieu thereof the figure "14,000.00".

Senator Tate of the 38th moved that the Senate agree to the House amendments to SB 165.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 165.

The following general bills of the Senate were taken up for the purpose of con sidering the House substitutes thereto:

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.

2898

JOURNAL OF THE SENATE

The House substitute to SB 558 was as follows:

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 increase in compensation for certain classes of employees of the Depart ment of Offender Rehabilitation in correctional institutions; to provide for an increase in compensation for correctional officers serving as members of a tactical squad, providing direct supervision and control of inmates under sentences of death, serving as canine handlers, or pro viding direct supervision and control of inmates in special management units; 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; 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 certain classes of officers, (a) The job classes of Correctional Officer I, Correctional Officer II, correc tional sergeant, correctional lieutenant, correctional captain, correc tional major, transfer officer, and canine handler shall receive a two grade upward reassignment effective July 1, 1982. Each employee in such classes shall receive a two-step increase.
(b) In addition of 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 per month salary supplement effective July 1, 1982:
(1) Correctional officers serving on a tactical squad;
(2) Correctional officers providing direct supervision and control of inmates under sentences of death;
(3) Correctional officers serving as canine handlers; or
(4) Correctional officers providing direct supervision and control of inmates in special management units designated as such by the commissioner.
(c) This section shall become effective only when and if funds are appropriated by the General Assembly for the purpose of implemen ting the provisions thereof."

TUESDAY, MARCH 23, 1982

2899

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) The job classes of Correctional Officer I, Correc tional Officer II, correctional sergeant, correctional lieutenant, correc tional captain, correctional major, transfer officer, and canine handler shall receive a two grade upward reassignment effective July 1, 1982. Each employee in such classes shall receive a two-step increase.
(b) 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 per month salary supplement effective July 1, 1982:
(1) Correctional officers serving on a tactical squad;
(2) Correctional officers providing direct supervision and control of inmates under sentences of death;
(3) Correctional officers serving as canine handlers; or
(4) Correctional officers providing direct supervision and control of inmates in special management units designated as such by the commissioner.
(c) This section shall become effective only when and if funds are appropriated by the General Assembly for the purpose of implemen ting the provisions thereof."
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 Kidd of the 25th moved that the Senate agree to the House substitute to SB 558.

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JOURNAL OF THE SENATE

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard 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 Hudson Kennedy Kidd Land Lester

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

Those not voting were Senators:

Barker Bond

Engram Littlefield

McKenzie Tate

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 558.

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 House substitute to SB 689 was as follows:

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code, so as to pro vide that the General Assembly may by local act create a board of elec tions in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of elec tions; to provide that the General Assembly may by local act create a board of elections and registration in any county of this state and em-

TUESDAY, MARCH 23, 1982

2901

power the board with the powers and duties of the election superinten dent relating to the conduct of elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures; to provide for the appointment, compen sation, and duties of chief deputy registrars; to change the provisions relating to qualifications of registrars and deputy registrars; to provide for each applicant to complete two registration cards and for the registrar to forward one of such cards to the registrar of the municipality under certain circumstances; to change the provisions relating to form of registration cards for use by applicants for regular and absentee registra tion; to provide for the counting of votes of certain electors when no elec tion is conducted because all candidates are unopposed; to change the provisions relating to procedures as to printing of ballots; to change the provisions relating to general requirements as to vote recorders; 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. Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code, is amended by striking the word and number "Part 1" in Article 2 of Chapter 2 of Title 21 and inserting in lieu thereof the following:
"Part 1
Subpart 1".
Section 2. Said title is further amended by adding a new Subpart 2 at the end of Part 1 of Article 2 of Chapter 2 of Title 21 to read as follows:
"Subpart 2
21-2-40. (a) The General Assembly may by local act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of elections.
(b) The General Assembly may by local act create a board of elec tions and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures."
Section 3. Said title is further amended by striking in its entirety subsection jb) of Code Section 21-2-212, which reads as follows:
"(b) In every county wherein the registrars do not maintain an of fice which is open and staffed during regular business hours when the office of the tax commissioner or tax collector is open, the tax commis sioner or the tax collector shall be a deputy to the board of registrars. He shall perform the duties required of him under this article with no extra compensation unless the governing authority so authorizes. He may, with the prior approval of the board, designate one or more of his own deputies to act as additional deputies.",

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JOURNAL OF THE SENATE
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In every county wherein the registrars do not maintain an of fice which is open and staffed during regular business hours, the registrar shall designate and appoint as chief deputy registrar a fulltime county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrar to the Secretary of State's office, where such information shall be maintained on file."
Section 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-213 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be electors of the coun ty in which they are appointed and shall be able to read, write, and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a county board of elections, or within a period of six months after so serving, shall be eligible for any nomination or office to be voted for at a primary or election; or to qualify for any nomination or office; or to have his name placed on any primary or election ballot pursuant to Code Sections 21-2-132 and 21-2-153; or to give notice of his intention of write-in candidacy; pro vided, however, that this ineligibility shall not apply to a tax commis sioner or tax collector or to any candidate for such office of tax com missioner or tax collector. However, nothing contained in this Code section shall preclude a registrar, deputy registrar, or member of a county board of elections from qualifying for, or having his name placed on the ballot, or holding office in a political party or body or serving as a presidential elector."
Section 5. Said title is further amended by striking Code Section 21-2-217 in its entirety and inserting in lieu thereof a new Code Section 21-2-217 to read as follows:
"21-2-217. (a) The registration cards for use by persons other than absentee applicants shall, after March 18, 1976, be in the following form only, but cards existing as of that date are not required to be changed. The form may be printed on cards or separate sheets, but for convenience, the card or sheets of paper shall be referred to as the 'registration card.'

REGISTRATION CARD

Name
(Printed or Typed)

(First)

(Middle or Initial)

(Maiden)

Election District_

(Last)

TUESDAY, MARCH 23, 1982

2903

Residence Address _______________________________

(Town or City)

(County)

(State)

(Zip Code)

Place of Birth __________________________________

(Town

(County)

(State)

(Zip Code)

or City)

Date of Birth________________Sex________________ (Month) (Day) (Year)

Height________ Race________

Social Security No. _______________________________ (If known at the time of application)

Mother's Maiden Name____________________________

Father's Name__________________________________

Will assistance in voting be required in the mannner permitted by Code Section 21-2-409? (Yes) (No) Georgia, ___________ County.

I do swear (or affirm) that I am a citizen of the United States, the State of Georgia, and this county; that I am at least 18 years of age, or will be on the _____ day of ________, 19____; that I possess the qualifications of an elector required by the laws of this state; that I am not registered to vote in any other county, or I am registered in ________ County of the State of ________ and request cancellation of my registration; that I am not registered to vote under any other name; that I have correctly answered the questions appear ing elsewhere on this card under the words: 'Questions Propounded to Applicant'; and that the information contained on this card is true.

(Sign here)________________

Sworn to (or affirmed) and subscribed before me this __ day of ________, 19_____, at the following loca-
tion:_

(Deputy) Registrar

QUESTIONS PROPOUNDED TO APPLICANT
Have you ever been convicted in any court of competent jurisdic tion of treason against the state, of embezzlement of public funds, malfeasance in office, bribery, or larceny, or of any crime involving moral turpitude, punishable by the laws of this state or any other state

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JOURNAL OF THE SENATE
with imprisonment in the penitentiary? If so, what was the offense, the place, and court of conviction and the approximate date? If so, and if pardoned, what was the date of the pardon?
Board of Registrars
BY:________________
(The space above shall be marked approved or rejected after the ex amination of the applicant's qualification.)
(b) The registration cards for use by applicants for absentee registration shall be in the same form as the above form of registration card, except that the affidavit and questions propounded to the appli cant portions shall be eliminated and in lieu thereof the following form of affidavit shall be used:
I do swear (or affirm) that I am a citizen of the United States, the State of Georgia, and this county; that I am least 18 years of age, or will be on the _________ day of ______, 19_____; that my residence for voting purposes is located at __________ in such county; that my temporary address outside of this state is _________; or that I am otherwise qualified to register by absentee registration for the following reasons __________; that I possess the qualifications of an elector required by the Constitution of the State of Georgia; that I am not registered to vote in any other coun ty, or I am registered in _________ County of the state of _________ and request cancellation of my registration; that I am not registered to vote under any other name; that I have never been convicted in any court of competent jurisdiction of treason against the State of Georgia, of embezzlement of public funds, malfeasance in of fice, bribery, or larceny, or of any crime involving moral turpitude, punishable by the laws of the State of Georgia with imprisonment in the penitentiary or, if so convicted, that I was pardoned on _________; and that the information contained elsewhere on this card is true.
(Sign here) ________________
(This affidavit or affirmation must be sworn to or affirmed before an official authorized to administer oaths by the law of the place of ex ecuting this application.)
Sworn to (or affirmed) and subscribed before me this ______ day of ______, 19______, at the following location: ______
(Signature of official administering oath.)
(Typed or printed name and office of official.)

(Typed or printed identification number, if any, and address of such official if security requirements permit.)

TUESDAY, MARCH 23, 1982

2905

jc) The board of registrars may require that registration cards be executed in duplicate.
(d) So that all voter registration cards may be uniform throughout all 159 counties of the state, the Secretary of State is authorized to ad minister this Code section."
Section 6. Said title is further amended by adding at the end of Code Section 21-2-217 two new subsections, to be designated subsections (e) and (f), to read as follows:
"(e) In cases where a municipality does not elect to use the county registration system, the registrar or deputy registrar shall require the applicant to complete two registration cards and the registrar shall for ward one of such registration cards to the city clerk of the municipali ty. The city clerk shall transmit such registration cards to the registrar of the municipality who shall check the name and identifying infor mation of each applicant against the registration cards on file in the municipality so as to ensure that no voter is registered twice. If the registrar finds the applicant meets the qualifications for registration in the municipality, the registration card shall be placed on file in the registrars' office and the applicants name shall be added to the elec tors list.
jf) Notwithstanding any other provision of this Code to the con trary, the board of registrars for the county shall appoint the registrars in each municipality in the county, except in those municipalities electing to use the county registration lists, as deputy registrars of the county."

Section 7. Said title is further amended by adding at the end of Code Section 21-2-231 a new subsection, to be designated subsection jd), to read as follows:
"(d) If the county is furnishing the electors list to a municipality, each elector in the municipality shall be given credit for having voted wedh."en no election has been held due to all candidates being unoppos

Section 8. Said title is further amended by striking Code Section 21-2-288 in its entirety and inserting in lieu thereof a new Code Section 21-2-288 to read as follows:
"21-2-288. If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, or the superintendent of elections, in the case of county offices, shall print or cause to be printed the residence of all candidates for such nomination or office on the ballot under their names. The designated official shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residence of all candidates for that office on the ballot; and the decision of the designated official shall be conclusive.''

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Section 9. Said title is further amended by striking in its entirety paragraph (2) of Code Section 21-2-350 and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) It shall permit each elector, at other than primaries, to vote a straight party or body ticket, with the exception of candidates for the offices of presidential electors, in one operation per ballot card; and in one operation per ballot card, to vote for all the candidates of one par ty or body for presidential electors; or, in one operation per ballot card, to vote for all the candidates of one party or body for every of fice to be voted for except those offices as to which he votes for in dividual candidates and the offices of presidential electors;".
Section 10. This Act shall become effective November 1, 1982.
Section 11. 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 689.

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 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

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

Those not voting were Senators:

Brantley Holloway

Littlefield

Robinson

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 689.

TUESDAY, MARCH 23, 1982

2907

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 House substitute to SB 685 was as follows:

A BILL
To be entitled an Act to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Municipal Election Code, so as to change the provisions relating to duties of municipal superintendents to conduct municipal elections; to change the provisions relating to the date of municipal elections; to change the provisions relating to filing notice of candidacy; to change the provisions relating to qualification of registrars and deputy registrars; to provide for the ap pointment of county registrars or deputy registrars as deputy registrars of the municipality; to provide for the applicability of registration to vote in municipal elections; to provide for duties of registrars of municipalities; to change the provisions relating to the filing of the cer tified list of qualified voters with the city clerk; to change the provisions relating to challenge of listed persons by other electors; to provide for certain duties by the board of registrars in connection with challenged electors; to change the provisions relating to the filing of petitions to con test results of a primary or election; to provide the grounds on which a primary or election may be contested; 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 21 of the Official Code of Georgia An notated, known as the Georgia Municipal Election Code, is amended by adding at the end of Code Section 21-3-30, immediately following subsec tion (b), a new subsection, to be designated subsection (c), to read as follows:
"(c) The following shall be the form of oath for the election superintendent:
I, ___________, do swear (or affirm) that I will as superinten dent duly attend the ensuing election (or primary) during the contin uance thereof, that I will to the best of my ability prevent any fraud, deceit, or abuse in carrying on the same, that I will make a true and perfect return of the said election (or primary), and that I will at all times truly, impartially, and faithfully perform my duties in accor dance with Georgia laws to the best of my judgment and ability."

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Section 2. Said chapter is further amended by striking Code Section 21-3-51 in its entirety and inserting in lieu thereof a new Code Section 21-3-51 to read as follows:
"21-3-51. The date of the municipal election shall be specified by the charter of the municipality or, if not so specified, then by municipal ordinance. Public notice of such election shall be published by the governing authority in a newspaper of general circulation in the municipality at least 30 days prior to the election."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-3-91 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each candidate; or his designee shall file notice of his can didacy in the office of the municipal superintendent of his municipali ty at least 22 but not more than 52 days prior to the election in the case of a general election and at least 15 but not more than 30 days prior to the election in the case of a special election. The opening and closing dates shall within the limitations as provided in this Code section, be as set forth in the municipal charter or, if not so specified, then by municipal ordinance. If a run-off primary is held, each candidate nominated therein or his designee shall file notice of his candidacy with the municipal superintendent within three days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline prescribed in this subsection. Notice of the opening and closing dates for candidates to qualify shall be published by the governing authority in a newspaper of general circulation in the municipality at least ten days and not more than thirty days prior to the first date for qualifying."
Section 4. Said chapter is further amended by striking Code Section 21-3-121 in its entirety and inserting in lieu thereof a new Code Section 21-3-121 to read as follows:
"21-3-121. (a) Registrars and deputy registrars shall be able to read, write, and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a board of elections, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a primary or election; provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for the office of tax commissioner or tax collector in performing the functions of a deputy to the board of registrars as provided in subsection |b) of Code Section 21-2-212. However, nothing contained in this Code sec tion shall preclude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having his name placed on the ballot, or holding office in a political party or body or serving as a presidential elector.
(b) Notwithstanding any other provision of this Code section to the contrary, in those municipalities maintaining their own registra tion lists, the municipal governing authority shall appoint county registrars or deputy registrars as deputy registrars of the municipality, notwithstanding such county registrars or deputy registrars may not be electors of the municipality.

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(c) In cases where a municipality uses its own registration system, the registrar or deputy registrar shall require the applicant to com plete two registration cards and the registrar shall forward one of such registration cards to the county registrars. Where a municipality is located in more than one county, the registrar shall forward the registration card to the county of the applicant's residence. The registrars of the county shall check the name and identifying informa tion of each applicant against the registration cards on file in their of fice so as to ensure that no voter is registered twice. If the register finds the applicant meets the qualifications for registration in the county, the registration card shall be placed on file in the registrars' office and the applicant's name shall be added to the electors list."
Section 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-3-135 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At least three days prior to the primary or election, the registrar shall file with the city clerk a certified copy of a list contain ing the names, addresses, and ZIP codes of all the electors found to be qualified. The list shall be alphabetically arranged by election districts or precincts, and it shall be the list of electors for the municipal elec tion to be held in such year. No person whose name does not appear on such list shall vote at such municipal election, except as otherwise provided in this chapter. This list shall be accompanied by the registrar's certification of the number of electors by race in each elec tion district. Such lists shall not be used by any person for commercial purposes."
Section 6. Said chapter is further amended by striking Code Section 21-3-138 in its entirety and inserting in lieu thereof a new Code Section 21-3-138 to read as follows:
"21-3-138. (a) Any elector of the municipality shall be allowed to challenge the right of registration of any person whose name appears upon the electors list; and, upon a challenge as to the qualifications of the elector being filed, the registrars shall notify the elector and pass upon the challenge.
Each challenge shall specify the grounds of the challenge; and, when notice is given the elector by the registrars, a copy of such challenge shall be furnished the challenged elector at least three days before passing upon the same. Any elector of the municipality shall also be allowed to challenge the qualifications of any applicant for registration. A challenge of a person's qualification to register or to vote shall be decided in every case by the board of registrars with the right of appeal therefrom to the superior court.

(b) Any elector of the municipality shall be allowed to challenge the right to vote of any person whose name appears upon the electors list by making application to the board of registrars of the municipali ty at any time, including election day itself. Such challenge may be oral or written but shall distinctly set forth the grounds of challenge. The board of registrars shall immediately consider the same and

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unless they find probable cause to sustain such challenge shall deny it. If the registrars find probable cause to sustain such challenge, the poll officers of the challenged elector's district shall be notified; and, if practical, the challenged elector shall be notified and afforded an opportunity to answer. If the challenged elector presents himself at the polling place to vote, he shall be given an opportunity to appear before the registrar and answer the grounds of challenge; and, after hearing the challenger and the challenged elector, such registrars shall determine whether probable cause to sustain such challenge exists and shall:
(1) If no probable cause exists, permit the challenged elector to vote;
(2) If in doubt as to the merit of the challenge, permit the challeng ed elector to vote by having the word 'challenged' written across the back of the challenged elector's ballot for later determination; or
(3) If it is determined that a challenged elector is not eligible to vote, refuse to allow the challenged elector to vote by having the words 'ineligible to vote' written on the electors list next to the challenged elector's name."
Section 7. Said chapter is further amended by striking Code Section 21-3-420 in its entirety and inserting in lieu thereof a new Code Section 21-3-420 to read as follows:
"21-3-420. A petition to contest the results of a primary or election shall be filed in writing with the city clerk within five days after the results of the election are declared by the governing authority. Upon the filing of the contest petition, a hearing shall be set before the governing authority of the municipality. Reasonable notice of the hearing shall be either personally delivered or forwarded by mail to all parties involved. The notice shall include a statement of the time, place, and nature of the hearing; a statement of the legal authority and jurisdiction under which the hearing is to be held; and a short and plain statement of the grounds for contest. Opportunity shall be af forded all parties to be represented by legal counsel and to respond and present evidence on all issues involved. The hearing shall be presided over by the mayor or such other individual as the governing authority may appoint. Any member of the governing authority in volved in the contest shall disqualify himself from judging the contest. The governing authority shall render its decision in writing within a reasonable time after such hearing, and a copy of the decision shall be provided to all parties involved. The decision of the governing authority shall be considered a final determination of the contest unless appealed as provided in Code Section 21-3-421. If all members of the governing authority must disqualify themselves from judging the contest, the contestant may, within ten days of official notice of their disqualification, file an action in superior court as set forth in Code Section 21-3-421 without exhausting any other administrative remedies."

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Section 8. Said chapter is further amended by adding immediately following Code Section 21-3-421 a new Code section, to be designated Code Section 21-3-422, to read as follows:
"21-3-422. The nomination of any person who is declared nominated at a primary, or the election of any person who is declared elected to any municipal office, or the eligibility of any person declared eligible to seek nomination or office in a run-off primary or election, or the approval or disapproval of any question submitted to electors at an election may be contested on one or more of the follow ing grounds:
(1) Malconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result of the primary or election;
(2) That the candidate elected is ineligible for the nomination or office in dispute;
(3) That illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result of the primary or election;
(4) An error in counting the votes or declaring the result of the primary or election if such error would change the result; or
(5) Any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election."
Section 9. This Act shall become effective November 1, 1982.
Section 10. 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 685.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Fincher of 52nd

Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson

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Kennedy Kidd Land Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton

Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond

Hudgins

Tate

Evans

Starr

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 685.

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

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.
Senate Sponsor: Senator Fincher of the 54th.

Senator Wessels of the 2nd offered the following amendment:

Amend HB 589 by striking the words "A nonproprietary" where the same appear in lines 20 and 21 on Page 2, line 5 on Page 3, line 17 on Page 5, and line 1 on Page 6, and inserting in lieu of such stricken words, at each place where stricken, the word "An".

On the adoption of the amendment, the yeas were 5, nays 38, and the amend ment was lost.

Senator Howard of the 42nd offered the following substitute to HB 589:

A BILL
To be entitled an Act to amend Code Chapter 32-37, relating to the Georgia Student Finance Authority, so as to provide for payment of tui tion equalization grants to certain citizens of this state attending certain out-of-state institutions of higher education; to state findings and pur-

TUESDAY, MARCH 23, 1982

2913

poses; to define terms; to provide for all related matters; to amend Code Chapter 32-49, relating to the Private Colleges and Universities Facilities Authority, so as to authorize the members of the Authority to be compen sated for their services; 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 32-37, relating to the Georgia Student Finance Authority, is amended by replacing Code Section 32-3758 with a new Code section to read as follows:
"32-3758. Legislative findings and purpose, (a) The General Assembly finds that the facilities of accredited independent colleges and universities located within the state can be used more effectively in the public interest by the grant of financial assistance to citizens who choose to attend such colleges and universities, and that the pro vision of such assistance will reduce the costs to the taxpayers of the state below the cost of providing similar instruction to such citizens within the university system. The purpose of the General Assembly, as provided for in this article, is to enable the authority to provide tui tion equalization grant assistance to citizens who choose to attend such accredited private colleges and universities located within the state.
(b) The General Assembly further finds that, because of their loca tion within the state, the four-year and graduate level institutions of the University System of Georgia are not equally available to citizens in certain areas of the state. The General Assembly further finds that extension of the program of tuition equalization grants established by this article to include certain students attending certain out-of-state in stitutions will be in the public interest as an effective and efficient means of making four-year and graduate level institutions of higher education more equally available to all citizens of the state."
Section 2. Said Code chapter is further amended by replacing paragraphs (1) and (2) of Code Section 32-3759 with new paragraphs to read as follows:
"(1) 'Approved school' means: (A) A nonproprietary institution of higher education located in this state which is not a branch of the University System of Georgia; which is accredited by the Southern Association of Colleges and Schools; which is not a Bible school or col lege (or, at the graduate level, a school or college of theology or divini ty); and which is not presently receiving state funds under Code Sec tions 32-156 through 32-164, the Junior College Act of 1958, as amended; provided, however, that an institution which otherwise meets the requirements of this definition and of this Act except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school' during the period that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools; and

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(B) A nonproprietary institution of higher education located out side the State of Georgia which is a four-year or graduate level institu tion of higher education that is, or is a part of a college or university system that is, owned and operated by a state other than Georgia; which is accredited by the Southern Association of Colleges and Schools; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); and which is located within 50 road miles, by the nearest practical route of travel, of the home residence of one or more eligible students. The term 'home residence,' for purposes of this article, shall, in the case of a depen dent student, mean the principal residence of the parent or legal guardian of a student.
(2) 'Eligible student' means a person who:
(A) Is enrolled in or accepted for enrollment as a full-time undergraduate level student in an approved school, or as a graduate level student if funds are specifically appropriated in appropriation Acts of the General Assembly for payment of grants to graduate level students;
(B) Is or will be a citizen of Georgia for a period of at least 12 months immediately prior to each date of registration in the approved school;
(C) Is not knowingly promoting or engaging in any activity which is determined by the approved school's governing body to be detrimental to the school; and
(D) In the case of an approved school located outside the State of Georgia, is enrolled or accepted for enrollment therein at an academic level beyond the sophomore academic classification, and whose home residence is, by the nearest practical route of travel, located within 50 road miles of the approved school and more than 50 road miles from the nearest four-year institution of the University System of Georgia."
Section 3. Code Chapter 32-49, relating to the Private Colleges and Universities Facilities Authority, is amended by replacing Code Section 32-4902 with a new Code section to read as follows:
"32-4902. Private Colleges and Universities Facilities Authority. There is hereby created a public body corporate and politic to be known as the Private Colleges and Universities Facilities Authority and by that name, style and title, said body may contract and be con tracted with, sue and be sued, implead and be impleaded, and com plain and defend in all courts of law and equity. Said Authority, however, shall not be a State institution nor a department or agency of the State, but shall be an instrumentality of purely public charity per forming an essential governmental function, being a distinct corporate entity. The provisions of Article VII, Section III of the Constitution of the State of Georgia of 1976 (Chapter 2-48) and the provisions of the Georgia State Financing and Investment Commission Act (Chapter 87-1A) shall not apply to the Authority herein created. The Authority shall consist of five members appointed by the Governor. Two of the

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members appointed in 1978 shall be appointed for a term expiring January 1, 1980; two shall be appointed for a term expiring January 1, 1982; and one shall be appointed for a term expiring January 1, 1984. Thereafter, each member shall be appointed for a six-year term. The Governor shall fill the unexpired term of any member so appointed who shall cease to serve. All members appointed shall serve until their successors are appointed and qualified and any member may be reappointed. Immediately after each such appointment, such member of the Authority shall enter upon his duties. The Authority shall elect one of its members as chairman and another as vice chairman and shall appoint a secretary who need not be a member of the Authority. The members of the Authority may be compensated in an amount not to exceed $44 per day, plus actual expenses incurred, from the funds available to pay the administrative costs and expenses incurred by the Authority, for each day's service spent in the performance of the duties of the Authority. The Authority may make rules and regula tions for its own government, including, but not limited to, the pay ment of compensation to its members. The Authority shall have perpetual existence. At all meetings of the Authority the presence in person of a majority of the members in office shall be necessary for the transaction of business and the affirmative vote of a majority of the members then in office shall be necessary for any action of the Authority."
Part 2
Section 4. Subpart 5 of Part 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to tuition equalization grants, is amended by replacing Code Section 20-3-410 with a new Code section to read as follows:
"20-3-410. (a) The General Assembly finds that the facilities of ac credited independent colleges and universities located within the state can be used more effectively in the public interest by the grant of financial assistance to citizens who choose to attend such colleges and universities and that the provision of such assistance will reduce the costs to the taxpayers of the state below the cost of providing similar instruction to such citizens within the university system. The purpose of the General Assembly, as provided for in this subpart, is to enable the authority to provide tuition equalization grant assistance to citizens who choose to attend such accredited private colleges and universities located within the state.
(b) The General Assembly further finds that, because of their loca tion within the state, the four-year and graduate level institutions of the University System of Georgia are not equally available to citizens in certain areas of the state. The General Assembly further finds that extension of the program of tuition equalization grants established by this subpart to include certain students attending certain out-of-state institutions will be in the public interest as an effective and efficient means of making four-year and graduate level institutions of higher education more equally available to all citizens of the state."

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Section 5. Said subpart is further amended by replacing paragraphs (2) and (3) of Code Section 20-3-411 with new paragraphs to read as follows:
"(2) 'Approved school' means:
(A) A nonproprietary institution of higher education located in this state which is not a branch of the university system; which is ac credited by the Southern Association of Colleges and Schools; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); and which is not presently receiving state funds under Article 4 of this chapter; provided, however, that an institution which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approv ed school' during the period that the institution holds candidate for ac creditation status with the Southern Association of Colleges and Schools; and
(B) A nonproprietary institution of higher education located out side the State of Georgia which is a four-year or graduate level institu tion of higher education that is, or is a part of a college or university system that is, owned and operated by a state other than Georgia; which is accredited by the Southern Association of Colleges and Schools; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); and which is located within 50 road miles, by the nearest practical route of travel, of the home residence of one or more eligible students. The term 'home residence,' for purposes of this subpart, shall, in the case of depen dent student, mean the principal residence of the parent or legal guardian of a student.
(3) 'Eligible student' means a person who:
(A) Is enrolled in or accepted for enrollment as a full-time undergraduate level student in an approved school or as a graduate level student if funds are specifically appropriated in appropriations Acts of the General Assembly for payment of grants to graduate level students;
(B) Is or will be a citizen of Georgia for a period of at least 12 months immediately prior to each date of registration in the approved school;
(C) Is not knowingly promoting or engaging in any activity which is determined by the approved school's governing body to be detrimental to the school; and
(D) In the case of an approved school located outside the State of Georgia, is enrolled or accepted for enrollment therein at an academic level beyond the sophomore academic classification and whose home residence is, by the nearest practical route of travel, located within 50 road miles of the approved school and more than 50 road miles from the nearest four-year institution of the University System of Georgia."

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2917

Section 6. Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Private Colleges and Universities Facilities Authority, is amended by replacing Code Section 20-3-202 with a new Code section to read as follows:
"20-3-202. There is created a public body corporate and politic to be known as the Private Colleges and Universities Facilities Authori ty, and by that name, style, and title, such body may contract and be contracted with, bring and defend actions and implead and be impleaded, and complain and defend in all courts of law and equity. Such authority, however, shall not be a state institution nor a depart ment or agency of the state but shall be an instrumentality of purely public charity performing an essential governmental function, being a distinct corporate entity. Article VII, Section III of the Constitution of Georgia and Article 2 of Chapter 17 of Title 50, the 'Georgia State Financing and Investment Commission Act' shall not apply to the authority created in this Code section. The authority shall consist of five members appointed by the Governor. Two of the members ap pointed in 1978 shall be appointed for a term expiring January 1, 1980; two shall be appointed for a term expiring January 1, 1982; and one shall be appointed for a term expiring January 1, 1984. Thereafter, each member shall be appointed for a six-year term. The Governor shall fill the unexpired term of any member so appointed who shall cease to serve. All members appointed shall serve until their successors are appointed and qualified and any member may be reappointed. Immediately after each such appointment, such member of the authority shall enter upon his duties. The authority shall elect one of its members as chairman and another as vice-chairman and shall appoint a secretary, who need not be a member of the authority. The members of the authority may be compensated in an amount not to exceed $44.00 per day, plus actual expenses incurred, from the funds available to pay the administrative costs and expenses incurred by the authority, for each day's service spent in the performance of the duties of the authority. The authority may make rules and regula tions for its own government, including, but not limited to, the pay ment of compensation to its members. The authority shall have perpetual existence. At all meetings of the authority the presence in person of a majority of the members in office shall be necessary for the transaction of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the authority."
Parts
Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective on June 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.

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On the adoption of the substitute, the yeas were 44, 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 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 voting was Senator Bell.

On the passage of the bill, the yeas were 55, 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 589.

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 accordingly.
Senate Sponsor: Senator Barnes of the 33rd.

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

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

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

DATE:

January 21, 1982

SUBJECT: Fiscal Note-House Bill 1243 (LC 9 3537) Superior Court Judges' Retirement System

The provisions of this Bill and their fiscal impact are addressed in the following paragraphs.

1. This Bill would allow former superior court judges who were ap pointed as senior judges (formerly known as judges of the superior court, emeritus] prior to June 30, 1978, and who are now senior judges, mar ried, and who have never elected spouses' benefit coverage under the Superior Court Judges' Retirement System to elect this coverage prior to January 1, 1983 provided they begin to contribute 2.5% of their retire ment salary. Upon the death of such senior judge, the spouse would receive, until death or remarriage, 50% of the amount the senior judge was receiving at the time of death.

There are currently four senior judges who would be eligible to elect spouses' benefits coverage pursuant to this Bill. Based on their age, and assuming the salary for senior judges remains constant, the four senior judges have a normal life expectancy, and that their spouses live for four years after the judge's death, it has been estimated that this Bill would cost the system a total of $195,688, which has a present value of $79,330. Any increase in the salary for senior judges will increase the cost of the Bill accordingly.

2. This Bill would also redesignate as senior judge any judge of the superior court who was appointed judge of the superior court, emeritus prior to December 31, 1976.

This provision of the Bill would have no fiscal impact.

Is/ William M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

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

2920

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 Bond Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge Engram

Evans Fincher of 52nd Fincher of 54th Foster Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Timmons Trulock Turner Tysinger Wessels

Those voting in the negative were Senators:

Barker Brannon Broun of 46th English

Gillis Horton McGill

Stumbaugh Thompson Walker

Those not voting were Senators:

Bell Bowen

Garner

McKenzie

On the passage of the bill, the yeas were 42, nays 10.

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 407. By Representative Hill of the 127th:
A bill to amend an Act providing for the compensation of certain officers of counties of this state having a population of not less than 180,000 nor more than 190,000, so as to change the compensation of the tax commis-

TUESDAY, MARCH 23, 1982

2921

HE 1969. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said municipal corporation, so as to remove certain property from the corporate limits of said city.

HB 1971. By Representative Lane of the 40th:
A bill to amend an Act providing for the powers and purposes of the East Point Business and Industrial Development Authority, so as to clarify the procedure for appointing certain members of the authority.

HB 1970. By Representative Padgett of the 86th:
A bill to amend an Act creating the Town of Hephzibah and for other pur poses, so as to change a provision relative to the manager of financial af fairs.

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

HR 789. By Representatives Davis of the 45th, Widener of the 44th and Williams of the 48th:
A resolution proposing an amendment to the Constitution so as to limit the power of DeKalb County and the DeKalb County School District to impose, levy, collect, and receive ad valorem taxes.

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

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.

2922

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 330. By Senator Tysinger of the 41st:

A RESOLUTION
Proposing an amendment to the Constitution so as to increase the amount of the homestead exemption from city ad valorem taxes for cer tain residents of the City of Chamblee; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The homestead of each resident under the age of 65 of the City of Chamblee actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is exempted from city ad valorem taxes, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in an amount of $20,000.00 of its value. The exemption granted to the homestead within this paragraph shall ex tend 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 titleholders 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.
The full value of the homestead of each resident who is totally disabled or is 65 years of age or older, of the City of Chamblee, actual ly occupied by the owner primarily as such, is exempted from all city ad valorem taxes except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness.''
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 exemptions for resident homeowners of the
[ ] NO City of Chamblee to an amount of $20,000.00 for a resi dent homeowner under the age of 65 and to exempt from all city ad valorem taxes the full value of the homestead of each resident homeowner who is totally disabled or is 65 years of age or older?"

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2923

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 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 Lester Littlefield

Those not voting were Senators:

Bell Bowen

Fincher of 54th

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

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

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

2924

JOURNAL OF THE SENATE

HR 573. By Representative Rainey of the 135th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide an ad ditional 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; 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 amount of $2,000.00 of the assessed value of the homestead of each resident of the Crisp County School District who is 65 years of age or over is exempted from all ad valorem taxes for educational pur poses levied by, for, or on behalf of the Crisp County School System, including taxes to retire school bond indebtedness. The homestead ex emption provided for herein shall be in addition to, and not in lieu of, any other homestead exemptions applicable to residents of Crisp County or the Crisp County School District. The procedures and re quirements provided by law relative to qualifying for and claiming homestead exemptions, which are not in conflict or inconsistent with this paragraph, shall apply to the homestead exemption provided for herein. The provisions of this paragraph shall apply to all taxable years beginning after December 31, 1982."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended to provide an addi tional homestead exemption of $2,000.00 from ad
[ ] NO 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?''
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.

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2925

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 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 Lester Littlefield

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

Those not voting were Senators:

Bell Bowen

Fincher of 54th

McKenzie

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

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

HR 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; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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JOURNAL OF THE SENATE

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph III of the Constitution is amended by adding at the end thereof the following paragraph:
"The General Assembly at any time is authorized to abolish by local law the offices of justice of the peace, the offices of constable, and justice courts in DeKalb County. The General Assembly may by local law provide that other courts within DeKalb County shall exer cise and be vested with the jurisdiction of justice courts in such man ner as the General Assembly shall determine and may provide for any other matters necessary or convenient to abolish the offices of justice of the peace, the offices of constable, and justice courts in DeKalb County. Any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof, notwithstanding the provisions of any general law, whether presently existing or hereafter enacted.''
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly at any time to abolish by local law the
[ ] NO 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?"
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 substitutetoHR617:

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, provided that judges of the

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2927

Recorder's Court of DeKalb County and magistrates of such court are elected by the qualified voters of the county or by the qualified voters of districts within the county pursuant to parallel local legislation adopted by the General Assembly; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph III of the Constitution is amended by adding at the end thereof the following paragraph:
"Subject to the limitations hereinafter provided, the General Assembly at any time is authorized to abolish by local law the offices of justice of the peace, the offices of constable, and justice courts in DeKalb County. The General Assembly may by local law 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 and may provide for any other matters necessary or convenient to abolish the offices of justice of the peace, the offices of constable, and justice courts in DeKalb County. As a necessary condition for any local Act adopted pursuant to the authori ty of this paragraph to become effective, the General Assembly must also provide by local Act, which must become effective at the same time as the local Act adopted pursuant to the paragraph, for the elec tion of the judges of the Recorder's Court of DeKalb County and for the election of magistrates of the Recorder's Court of DeKalb County. Such parallel local Act shall provide for the election of such magistrates and judges by the voters of DeKalb County voting within districts established for such purpose or voting countywide in such manner as the General Assembly shall provide by said local Act. Any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof, notwithstanding the provisions of any general law, whether presently existing or hereafter enacted."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly at any time to abolish by local law the
[ ] NO 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, provided that judges of the Recorder's Court of DeKalb County and magistrates of such court are elected by the qualified voters of the county or by the qualified voters of districts within the county pursuant to parallel local legislation adopted by the General Assembly?"

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JOURNAL OF THE SENATE

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

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

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bell Bowen

Fincher of 54th

McKenzie

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

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

TUESDAY, MARCH 23, 1982

2929

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 increase the amount of the homestead exemption of each resident of Whitfield Coun ty from $2,000.00 to $10,000.00 for the purposes of all Whitfield County taxes, except Whitfield County school district taxes and taxes to pay in terest on and retire bonded 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 amended by adding at the end thereof the following:
"The homestead of each resident of Whitfield County actually oc cupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted, in the amount of $ 10,000.00 of its value, from all ad valorem taxation for county purposes, except to pay interest on and retire bonded in debtedness and except for county ad valorem taxes levied by or on behalf of the Whitfield County school district. The value of all prop erty in excess of the foregoing exemption shall remain subject to taxa tion. Except for the amount of the exemption and its application to county taxes other than school taxes, the provisions of this Constitu tion and of law relating to the basic homestead exemption of $2,000.00 shall apply to the homestead exemption granted herein. The increased 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.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to increase the 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, except Whitfield County school district taxes and taxes to pay interest on and retire bonded indebtedness?"

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.

2930

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:

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

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

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

Those not voting were Senators:

Bell Bowen

Fincher of 54th

McKenzie

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

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

HR 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 constitutional amendment; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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2931

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph III of the Constitution is amended by adding a new paragraph at the end thereof to read as follows:
"There is hereby imposed in Houston County a sales and use tax. Said tax, except as otherwise provided in this paragraph, shall be iden tical to and administered in the same manner as the joint county and municipal sales tax authorized by Chapter 48-8 of the Official Code of Georgia Annotated, as now or hereafter amended. All proceeds of the tax which would otherwise be distributed to Houston County and qualified municipalities therein shall be distributed to the Houston County School System. The ratification of this paragraph shall have the effect of approval of the tax at a referendum under Code Section 48-8-5, and no further referendum shall be required for imposition of the tax. This paragraph shall be self-executing, but the General Assembly may provide by local law for the administration of this paragraph. This paragraph shall be effective only if there is ratified at the same general election at which this paragraph is ratified an amendment to the Constitution which limits the power of Houston County and the Houston County School District to impose, levy, col lect, and receive ad valorem taxes."
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 impose a local sales and use tax in Houston County and allocate the pro-
[ ] NO ceeds of the tax to the Houston County School System on ly if the power of said school system to levy ad valorem taxes is limited by another constitutional amendment?"
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.

2932

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:

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

Evans

Fincher of 52nd

Foster

Garner

Gillis

Greene

Hill

Holloway

Horton

Howard

Hudgins

Hudson

Kennedy

Kidd

.

Land

Lester

Littlefield

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

Those not voting were Senators:

Bell Bowen

Fincher of 54th

McKenzie

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
HR 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; to provide for submission of this amendment for ratification or rejection; and for other purposes.

TUESDAY, MARCH 23, 1982

2933

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is amended by adding at the end thereof a new paragraph to read as follows:
"Notwithstanding any other existing or future provision of this Constitution or of general law, neither Houston County nor the Houston County School District may impose, levy, collect, or receive any ad valorem tax at a mill rate higher than is authorized by this paragraph.
(1) As used in this paragraph, the term 'local government' means Houston County and the Houston County School District. For pur poses of this paragraph, taxes which are imposed, levied, or collected by Houston County on behalf of the Houston County School District are considered to be taxes imposed, levied, and collected by the Houston County School District.
(2) The maximum allowable mill rate for taxes levied by each local government in 1983 and each year thereafter shall be the mill rate specified in this paragraph (2):
(A) The maximum mill rate each such local taxing jurisdiction may levy in any tax year without a referendum shall be determined as follows: (i) multiply the mill rate actually billed to taxpayers by the local taxing jurisdiction for the tax year beginning January 1, 1980, by 105 percent; (ii) then, multiply the mill rate determined in (i) above, rounded off to the nearest five decimal places, by a fraction, rounded off to the nearest three decimal places, the numerator of which is the average net taxable digest for the local taxing jurisdiction for the two tax years immediately preceding the year the tax is to be levied; and the denominator of which is the net taxable digest for the local taxing jurisdiction for the tax year in which the levy is to be made.
(B| The maximum allowable mill rate for each government in each year shall be reduced by the mill rate which would yield on the digest for that year an amount equal to the amount received by the local government in the immediately preceding year from any local sales and use tax.
(C) The maximum allowable mill rate for the Houston County School District shall be increased in any year if the amount of re quired local effort credit appropriation of state funds available to the school district intended for ad valorem tax relief (or any similar ap propriation) for the immediately preceding year is less than the amount of such appropriation available to the school district for 1980. The amount of increase in the maximum allowable mill rate shall be the number of mills which would yield on the digest for that year an amount equal to the amount by which the local effort credit ap propriation available to the school district for the preceding year is less than the amount of such appropriation so available in 1980.

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JOURNAL OF THE SENATE
(3) Except as provided in this subsection (3), neither local govern ment may in any year impose, levy, collect, or receive any ad valorem tax at a mill rate higher than the maximum allowable mill rate com puted according to subsection (2).
(A) Said mill rate limitation shall not apply to taxes to retire bond ed indebtedness incurred following the approval of such indebtedness at a referendum.
(B) Said mill rate limitation shall not apply to state taxes, and the provisions of this paragraph shall in no way affect state taxes.
(C) Said mill rate limitation shall not apply to taxes levied for the express purpose of paying the cost of any direct loss suffered by the local government as a result of war, insurrection, or other extraor dinary peril, catastrophe, or emergency. The additional tax authorized herein shall be limited to the amount of expenditures necessary to place the local government in the position in which it would have been had such emergency not occurred. No such additional tax shall be levied except after adoption by a two-thirds' majority of a resolu tion of the local governing body which declares the existence of the emergency and specifies the resulting expenditures.
(D) Said mill rate limitation shall not apply to taxes levied for the express purpose of paying the cost of expenditures which are man dated by court order or state or federal law and which are not funded by state or federal funds. No such additional tax shall be levied except after adoption by a two-thirds' majority of a resolution of the local governing body which identifies the source of the mandate and specifies the mandated expenditures.
(4) Except as provided in subsection (3), the local government may levy taxes in any year in excess of the maximum allowable mill rate for the year only if the increased levy is approved at a referendum by the voters of the local government. The local governing body shall hold at least three public hearings on the increased levy at different locations within the local government prior to the date of the referen dum. Notice of each hearing shall be published once a week for at least three weeks prior to the hearing in the local government's legal organ. Such increased levy for any tax year may be made only if ap proved by a majority of the voters voting in the referendum."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to limit the power of Houston County and the Houston County School
[ ] NO District to impose, levy, collect, and receive ad valorem taxes?"

TUESDAY, MARCH 23, 1982

2935

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 amendment:

Amend HR 700 by adding after the word "are" on line 9 of Page 4 the following:
"in the future".

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

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

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

2936

JOURNAL OF THE SENATE

Those not voting were Senators:

Bell Bowen

Fincher of 54th

McKenzie

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

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

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 provide for a homestead exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $50,000.00 from all ad valorem taxes levied and collected by the city; 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 striking the following paragraph:
"The governing authority of the City of Doraville may grant an ex emption from city ad valorem taxes on a homestead owned and 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.",
in its entirety and inserting in lieu thereof a new paragraph to read as follows:
"The governing authority of the City of Doraville may grant an ex emption 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-

TUESDAY, MARCH 23, 1982

2937

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 $50,000.00 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
[ ] NO 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 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.

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 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

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Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Summers

Those not voting were Senators:

Bell Bowen

Fincher of 54th

Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
McKenzie

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

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

HR 730. By Representatives Harrison, Nix and Isakson of the 20th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide 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; 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 VI, Section VII, Paragraph III of the Constitution is amended by adding a new paragraph at the end thereof to read as follows:
"Any other provisions of this Constitution to the contrary not withstanding, 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 oc currence of the vacancy.''
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

TUESDAY, MARCH 23, 1982

2939

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 a vacancy in the office of a justice of the peace in Cobb
[ ] NO County shall not be filled until the next general election after the occurrence of the vacancy?"
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 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 Lester Littlefield

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

Those not voting were Senators:

Bell Bowen

Fincher of 54th

McKenzie

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

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HR 740. By Representative Connell of the 87th:

A RESOLUTION
Proposing an amendment to the Constitution so as to exempt from City of Augusta ad valorem taxes certain capital improvements of com mercial and business establishments; 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 immediately before the final paragraph the follow ing:
"All capital improvements of each new commercial or business establishment located in the City of Augusta shall be exempt from all ad valorem taxes, except taxes to retire bonded debt, levied by the Ci ty of Augusta for a period of five years after completion of the im provements if the improvements have a fair market value of $250,000.00 or more. Each addition to the capital improvements of an existing commercial or business establishment located in the City of Augusta shall be exempt from all ad valorem taxes, except taxes to retire bonded debt, levied by the City of Augusta for a period of five years after completion of the additional improvements if the addi tional improvements have a fair market value of $250,000.00 or more. The value of each establishment in excess of the amount exempted by this paragraph shall remain subject to taxation. As used in this paragraph, the term 'capital improvements' includes buildings, machinery, equipment, and fixtures but does not include land or in ventory. This paragraph shall in no way affect any state, county, or school taxes."
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 from City of Augusta ad valorem taxes certain capital im-
[ ] NO provements of commercial and business establishments?"
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.

TUESDAY, MARCH 23, 1982

2941

Senator Allgood of the 22nd offered the following amendment:

Amend HR 740 by striking on Page 1, lines 16 and 23 the following: "$250,000.00"
and by inserting in lieu thereof the following: "$100,000.00."

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 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 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 Lester Littlefield

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

Those not voting were Senators:

Bell Bowen

Fincher of 54th

McKenzie

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

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

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HR 743. By Representative Chance of the 129th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide an ad ditional 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; 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 amount of $2,000.00 of the assessed value of the homestead of each resident of the Effingham County School District who is 65 years of age or over is exempted from all ad valorem taxes for educa tional purposes levied by, for, or on behalf of the Effingham County School System, including taxes to retire school bond indebtedness. The homestead exemption provided for herein shall be in addition to, and not in lieu of, any other homestead exemptions applicable to residents of Effingham County or the Effingham County School District. The procedures and requirements provided by law relative to qualifying for and claiming homestead exemptions, which are not in conflict or inconsistent with this paragraph, shall apply to the homestead exemption provided for herein. The provisions of this paragraph shall apply to all taxable years beginning after December 31,1982."

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended to provide an addi tional 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?''

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.

TUESDAY, MARCH 23, 1982

2943

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 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 Lester Littlefield

Those not voting were Senators:

Bell Bowen

Fincher of 54th

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

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

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

HR 746. By Representatives Lane of the 81st and Godbee of the 82nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county, municipal, and school district ad valorem taxes in Screven County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution of Georgia is hereby amended by adding immediately before the final paragraph thereof the following:

"All capital improvements of each new manufacturing establish ment located in Screven County, Georgia, shall be exempt from all county, municipal, and school district ad valorem taxes for five years from the time of its construction or placement provided such establishment has capital improvements of $500,000.00 or more. Each addition to the capital improvements of an existing manufacturing establishment located in Screven County, Georgia, shall be exempt from all county, municipal, and school district ad valorem taxes for five years from the time such addition is made if the cost of such addi tion is $500,000.00 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 manufacturing process. This paragraph shall be self-executing and shall not require additional im plementing legislation. This paragraph shall not affect state taxes."

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to exempt the capital improvements of certain manufacturing establishments in Screven County and certain additions thereto from all county, municipal, and school district ad valorem property taxes for a period of five 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 report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

TUESDAY, MARCH 23, 1982

2945

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 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 Lester Littlefield

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

Those not voting were Senators:

Bell Bowen

Fincher of 54th

McKenzie

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

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

HR 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 ac count the proceeds to the school system of the local sales and use tax; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article IX, Section IV, Paragraph III of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:

"Subject to the conditions and limitations provided by local law, the General Assembly may allocate all or any portion of the proceeds within Colquitt County of any local sales and use tax, regardless of by whom the tax is levied, for the purposes of the Colquitt County School System. The mill rate limitation on the rate of ad valorem taxes levied for purposes of the Colquitt County School System, which is contain ed in Article VIII, Section VII, Paragraph I of this Constitution, is hereby reduced for each taxable year beginning on or after January 1, 1983, by a mill rate which, if levied against the nonexempt tangible property within the Colquitt County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by the school system in the immediately preceding tax able year."

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 allocate the proceeds of the local option sales tax to the Colquitt County School System and to reduce the mill rate limitation on school taxes by the amount of local sales tax proceeds?''

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 Brannon Brantley Broun of 46th

Brown of 47th Bryant Cobb Coleman

TUESDAY, MARCH 23, 1982

Coverdell Deal Dean Eldridge English Engram Evans
Fincher of 52nd Foster Garner Gillis Greene Hill
Holloway

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

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

Those not voting were Senators:

Bell Bo wen

Fincher of 54th

McKenzie

2947

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

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

HR 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; 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:
"Any other provisions of this Constitution to the contrary not withstanding, the governing authority of the City of Baxley is hereby authorized to grant an exemption from all city ad valorem taxes in an amount to be fixed by the governing authority at not more than $15,000.00 on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually oc cupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation.

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Any such resident shall not receive the benefits of such homestead ex emption unless he or his agent provides the governing authority of the city, or a person designated by the governing authority, with an af fidavit stating that he is a resident and that such property is his homestead and residence and containing such additional information as will enable the governing authority to make a determination as to whether such person is entitled to such exemption. The governing authority shall provide the necessary forms for such purpose. After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said affidavit thereafter for any subsequent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing authority in the event he becomes ineligible for any reason for the exemption pro vided in this paragraph. The homestead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein for any year until the governing authority of the city provides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the city may provide by ordinance for the proper administration of this exemption."

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

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 Brannon

Brantley Broun of 46th Brown of 47th

TUESDAY, MARCH 23, 1982

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 Lester Littlefield McGill Reynolds Robinson

Those not voting were Senators:

Bell Bowen

Fincher of 54th

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

2949

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

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
HR 787. By Representative Jackson of the 75th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Walton 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 Walton 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 hereby amended by adding at the end thereof the following new paragraph:
"The Board of Commissioners of Walton County, Georgia, as the governing authority of said county, is hereby authorized and em powered to levy, assess, and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated areas of said county, except those businesses regulated by the Public Service Commission and those corporations organized under Part 1 of

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Article 1, Article 3, and Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, as amended, 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 Walton County, the governing authority of said county is further authorized and empowered to regulate and exercise policy 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 Part 1 of Article 1, Article 3, and Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, as amended, and to prescribe and enforce such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any such regula tions adopted by said governing authority of Walton County shall con stitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia.''
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the Board of Commissioners of Walton County shall have
[ ] NO 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 Walton 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 Bond

Brannon Brantley Broun of 46th Brown of 47th Bryant

Cobb Coleman Coverdell Deal Dean

TUESDAY, MARCH 23, 1982

2951

Eldridge English Engram Evans
Fincher of 52nd Foster Garner Gillis Greene Hill Holloway Horton
Howard

Hudgins Hudson Kennedy Kidd
Land Lester Littlefield McGill Reynolds Robinson Scott Starr

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

Those not voting were Senators:

Bell Bowen

Fincher of 54th

McKenzie

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

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

HR 813. By Representatives Matthews of the 145th and Collins of the 144th:

A RESOLUTION
Proposing an amendment to the Constitution so as to require the tax commissioner of Colquitt County to collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official and to require the revenue derived from the collection of such fee to be used to fund emergency medical services in Colquitt County; 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. Paragraph II of Section V of Article IX of the Constitution is amended by adding at the end thereof a new paragraph to read as follows:
"Notwithstanding any provision of the Constitution or any general law, in addition to the fee for issuing motor vehicle license tags and annual renewal decals established by law, the tax commis sioner of Colquitt County shall collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official. The revenue derived from this additional fee shall be paid into the general fund of Colquitt County but shall be used ex clusively to fund emergency medical services in Colquitt County. This

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shall not limit the governing authority of Colquitt County from ap propriating such additional funds for emergency medical services as it shall deem necessary."
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 tax commissioner of Colquitt County to collect an additional
[ ] NO fee of $ 1.00 for every motor vehicle license tag or annual renewal decal issued by such official and to require the revenue derived from the collection of such fee to be used to fund emergency medical services in Colquitt 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 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 Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

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

TUESDAY, MARCH 23, 1982

Those not voting were Senators:

Bell Bowen

Fincher of 54th

McKenzie

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

2953

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

The following bills and resolution of the House were read the first time and referred to committees:
HB 407. By Representative Hill of the 127th:
A bill to amend an Act providing for the compensation of certain officers of counties of this state having a population of not less than 180,000 nor more than 190,000, so as to change the compensation of the tax commis sioner. Referred to Committee on County and Urban Affairs.

HB 1969. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said municipal corporation, so as to remove certain property from the corporate limits of said city.
Referred to Committee on County and Urban Affairs.

HB 1970. By Representative Padgett of the 86th:
A bill to amend an Act creating the Town of Hephzibah and for other pur poses, so as to change a provision relative to the manager of financial af fairs. Referred to Committee on County and Urban Affairs.

HB 1971. By Representative Lane of the 40th:
A bill to amend an Act providing for the powers and purposes of the East Point Business and Industrial Development Authority, so as to clarify the procedure for appointing certain members of the authority. Referred to Committee on County and Urban Affairs.

HR 789. By Representatives Davis of the 45th, Widener of the 44th and Williams of the 48th:
A resolution proposing an amendment to the Constitution so as to limit the power of DeKalb County and the DeKalb County School District to impose, levy, collect and receive ad valorem taxes.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE

The President announced that the Senate would stand in recess from 12:42 o'clock P.M. until 2:15 o'clock P.M.

At 2:15 o'clock P.M., the President called the Senate to order.

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

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.
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Education offered the following substitute to HB 1436:
A BILL
To be entitled an Act to amend an Act defining the grounds for the termination of contracts of teachers, principals, and other employees having a contract for a definite term, approved March 31, 1975 (Ga. L. 1975, p. 360), so as to provide for definitions; to provide for the pro cedures for demotion and nonrenewal; to provide for other matters relative to the foregoing; 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. An Act defining the grounds for the termination of con tracts of teachers, principals, and other employees having a contract for a definite term, approved March 31, 1975 (Ga. L. 1975, p. 360), is amended by striking Section 3 which reads as follows:
"Section 3. Nonrenewal or Demotion After Three Years' Ser vice. After a teacher or other professional school employee cer tificated by the State Board of Education who is employed under a contract for a definite term has been employed for three or more suc cessive school years by the same local board of education, then the nonrenewal of the contract of such teacher or other person or his demotion for the fourth or subsequent years shall be as provided by this section. When the local school superintendent or board of educa tion has tentatively decided not to renew the contract in the third suc cessive year of any such teacher or professional certificated

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employee, or any subsequent year thereafter, or to demote such a teacher or other professional certificated employee, written notifica tion of such tentative decision shall be given to such teacher or employee not later than April 15 prior to the ensuing school year, and any such teacher or professional certificated employee so notified shall have the right to request the local school superintendent or local board of education, in writing, by not later than May 1, thereafter, to furnish such teacher or certificated professional employee a written statement of the reasons on which the nonrenewal of the contract was based, or the reasons for the demotion, in accordance with the provi sions relating to notice as set out herein in subsection (b) of section 1 of this Act. Upon receiving such request for a hearing from any such teacher or employee, said hearing shall be in accordance with the pro visions of subsections (b) through (f), inclusive, of section 1 of this Act. For purposes of this section, a teacher or other employee as hereinbefore referred to shall be deemed to have been employed for three successive school years where the teacher or employee had already completed two years with the system and while serving under his third successive contract has his contract of employment renewed by the board of education for the fourth consecutive year. Only ser vice rendered as an employee of the same local board of education may be counted as service for the purpose of this section.'',
in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. Nonrenewal or demotion, (a) As used in this Section, the term:
(1) 'Local board of education' or 'local board' means a county or independent board of education, a board of education of a public school system established prior to the adoption of the Constitution of 1877, or a board of education of an area school system, or any agent with the authority to act on behalf of any such board.
(2) 'School year' means a period of at least 180 school days begin ning in or about September and ending in or about June.
(3) 'School year contract' means a contract of full-time employ ment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year contract, nor shall contracts or employment for portions of a school year be cumulated and treated as a school year contract. A contract of employment for any time outside a school year shall not be counted as a school year contract, nor shall contracts of employment for time outside a school year be cumulated and treated as a school year contract. A school year contract is deem ed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year.
(4) 'Teacher' means any professional school employee cer tificated by the State Board of Education.

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(b) (1) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Section 1 of this Act.
(2) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education and who is notified that he or she is to be demoted or that his or her con tract will not be renewed has the right to the procedures set forth in subsections (b) through jf) of Section 1 of this Act before the intended action is taken. A teacher who has the right to these procedures must notify the superintendent of the local board employing the teacher within 14 days of the day the notice of the intended action is served that he or she requests that the procedures be implemented. Within 14 days of service of the request to implement the procedures, the local board must furnish the teacher a notice that complies with the requirements of subsection (b) of Section 1 of this Act.
(3) A teacher is deemed to have accepted a fourth consecutive school year contract if, while the teacher is serving under the third consecutive school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the third consecutive school year that he or she does not accept the fourth con secutive school year contract.
|4) A teacher who has satified the conditions set forth in paragraph (1) of this subsection who is subsequently employed by another local board of education and who accepts a second con secutive school year contract from the local board at which the teacher is subsequently employed may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Section 1 of this Act. The provisions set forth in paragraph (2) of this subsection shall likewise apply to such a teacher.
(5) A teacher is deemed to have accepted a second consecutive school year contract if, while the teacher is serving under the first school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the first school year that he or she does not accept the second consecutive school year contract."
Part 2
Section 2. Code Section 20-2-942 of the Official Code of Georgia An notated, relating to the procedure for nonrenewal of contract of demo tion after three years' service, is amended by striking said Code section which reads as follows:
"20-2-942. (a) After a teacher or other professional school employee certificated by the State Board of Education who is employed under a contract for a definite term has been employed for

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three or more successive school years by the same local board of education, then the nonrenewal of the contract of such teacher or other person or his demotion for the fourth or subsequent years shall be as provided by this Code section.
(b) When the local school superintendent or local board has ten tatively decided not to renew the contract in the third successive year, or any subsequent year thereafter, of any such teacher or professional certificated employee or to demote such a teacher or other profes sional certificated employee, written notification of such tentative decision shall be given to such teacher or employee not later than April 15 prior to the ensuing school year; and any such teacher or pro fessional certificated employee so notified shall have the right to re quest the superintendent or local board in writing, by not later than May 1, to furnish such teacher or certificated professional employee a written statement of the reasons on which the nonrenewal of the con tract was based or the reasons for the demotion, in accordance with provisions relating to notice as set out in subsection (b) of Code Sec tion 20-2-940. Upon receipt of such request for a hearing from any such teacher or employee, the hearing shall be conducted in accor dance with subsections (b) through (f), inclusive, of Code Section 20-2-940.
(c) For purposes of this Code section, a teacher or other employee, as referred to in subsection (a) of this Code section, shall be deemed to have been employed for three successive school years where the teacher or employee had already completed two years with the system and while serving under his third successive contract has his contract of employment renewed by the local board for the fourth consecutive year. Only service rendered as an employee of the same local board may be counted as service for the purpose of this Code section.",
in its entirety and substituting in lieu thereof a new Code Section 20-2-942 to read as follows:
"20-2-942. (a) As used in this Code section, the term:
(1) 'Local board of education' or 'local board' means a county or independent board of education, a board of education of a public school system established prior to the adoption of the Constitution of 1877, or a board of education of an area school system, or an agent with the authority to act on behalf of any such board.
(2) 'School year' means a period of at least 180 school days begin ning in or about September and ending in or about June.
(3) 'School year contract' means a contract of full-time employ ment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year contract, nor shall contracts of employment for portions of a school year be cumulated and treated as a school year contract. A contract of employment for any time outside a school year shall not be counted as a school year contract, nor shall contracts of employment for time outside a school year be cumulated

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and treated as a school year contract. A school year contract is deem ed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year.
(4) 'Teacher' means any professional school employee certificated by the State Board of Education.
(b) (1) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940.
(2) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education and who is notified that he or she is to be demoted or that his or her con tract will not be renewed has the right to the procedures set forth in subsections (b) through jf) of Code Section 20-2-940 before the intend ed action is taken. A teacher who has the right to these procedures must notify the superintendent of the local board employing the teacher within 14 days of the day the notice of the intended action is served that he or she requests that the procedures be implemented. Within 14 days of service of the request to implement the procedures, the local board must furnish the teacher a notice that complies with the requirements of subsection (b| of Code Section 20-2-940.
(3) A teacher is deemed to have accepted a fourth consecutive school year contract if, while the teacher is serving under the third consecutive school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the third consecutive school year that he or she does not accept the fourth con secutive school year contract.
(4) A teacher who has satisfied the conditions set forth in paragraph (1) of this subsection who is subsequently employed by another local board of education and who accepts a second con secutive school year contract from the local board at which the teacher is subsequently employed may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection |a) of Code Section 20-2-940. The provisions set forth in paragraph (2) of this subsection shall likewise apply to such a teacher.
(5| A teacher is deemed to have accepted a second consecutive school year contract if, while the teacher is serving under the first school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the first school year that he or she does not accept the second consecutive school year contract."

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Part3
Section 3. (a) Except as otherwise provided in subsection (c) of this section, this Act shall become effective upon its approval by the Gover nor 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 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 Bell Bond Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Eldridge Engram Evans Fincher of 52nd

Foster Gillis Hill Holloway Horton Howard Hudgins Kennedy Kidd Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Timmons Trulock Turner Tysinger

Voting in the negative were Senators Barnes and Thompson.

Those not voting were Senators:

Ballard Barker Bowen Brannon Brantley Bryant

Dean English Fincher of 54th Garner Greene

Hudson Land Stumbaugh Walker Wessels

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On the passage of the bill, the yeas were 38, nays 2.

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

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.
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 Barnes Bell Bond Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Eldridge Engram Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene 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

Those not voting were Senators:

Barker Bowen Brannon Brantley

Coverdell Dean English Garner

Hill Land Walker Wessels

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

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2961

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

SB 312. By Senator Horton of the 17th:
A bill to amend Code Chapter 56-3, relating to the general requirements for doing business as an insurer in this state, as amended, to as to require all insurance contracts and policies to be written in simplified and plain language; to provide for enforcement; to provide for remedies.

The House substitute to SB 312 was as follows:

A BILL
To be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the general requirements for transacting insurance in this state, so as to provide that all individual policies, contracts, group insurance certificates, and pertinent informa tional booklets relating to life insurance, accident and sickness in surance, credit life insurance, and credit health insurance issued for delivery in this state shall be written in simplified and plain language; to authorize the Commissioner to prescribe rules and regulations relative thereto; to authorize the use of the "Flesch reading ease test"; to provide for applicability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 33 of the Official Code of Georgia An notated, relating to the general requirements for transacting insurance in this state, is amended by redesignating Code Section 33-3-25 as Code Sec tion 33-3-26 and inserting in lieu thereof a new Code section to be designated Code Section 33-3-25 to read as follows:
"33-3-25. (a| All individual life or accident insurance policies, all certificates of group life or accident and sickness insurance coverage, and all coverage booklets provided to group life or accident and sickness insurance certificate holders which are issued, delivered, issued for delivery, amended, or renewed in this state on and after January 1, 1984, shall be written in a simplified form, shall be divided into logically arranged, captioned sections, and shall contain readable language which complies with the standards prescribed in such rules and regulations as may be promulgated by the Insurance Commis sioner after due notice and hearing.
(b) In establishing the policy language simplification and reading ease standards for such policies, certificates, and coverage booklets, the Insurance Commissioner may utilize a minimum score of 40 on the 'Flesch reading ease test' as the basic standard or such other na tionally recognized reading ease standards or tests as would produce

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comparable policy language simplification and readability results and he may also provide for exceptions thereto by appropriate rules and regulations.
(c) This Code Section shall apply to all insurers transacting life or accident and sickness insurance in this state, including all insurers, nonprofit corporations, or other organizations issuing policies or con tracts of life or accident and sickness coverage under Chapters 15, 18, 19, 20, 21, 29, or 30 of Title 33."
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 Horton of the 17th moved that the Senate agree to the House substitute to SB 312.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Eldridge Engram Fincher of 52nd

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

Those not voting were Senators:

Barker Bond Bowen Brantley Coverdell

Dean English Evans Garner Hill

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

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 312.

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2963

The following bills of the Senate were taken up for the purpose of considering the House action thereon:

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.

Senator Littlefield of the 6th moved that the Senate adhere to the Senate amend ment to the House substitute to SB 692, and that a Conference Committee be ap pointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to the House substitute to SB 692.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Littlefield of the 6th, Bryant of the 3rd and Kennedy of the 4th.

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.

Senator Littlefield of the 6th moved that the Senate adhere to the Senate amend ment to the House substitute to SB 653, and that a Conference Committee be ap pointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to the House substitute to SB 653.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Littlefield of the 6th, Bryant of the 3rd and Kennedy of the 4th.

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

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-

Senator Barnes of the 33rd moved that the Senate insist upon the Senate amend ment to HB 1373.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1373.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

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''.

The House amendment was as follows:

Amend the Senate substitute to HB 610 by adding after the word "delinquent" on line 7 of Page 2 the following:
"at separate court appearances".
By striking all of quoted subsection jc) on lines 21 through 30 of Page 2 and inserting in lieu thereof the following:
" '(c) Notwithstanding the provisions of subsection jb) 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 per son 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 delinquent because of commission of an act which would have constituted the crime of burglary if done by an adult.' "

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2965

By adding after the word "found" on line 10 of Page 3 the following:
"at separate court appearances".
By striking the word "may" on line 34 of Page 3 and inserting in lieu thereof the following:
"shall".
By striking the word "that" on line 1 of Page 4 and inserting in lieu thereof the following:
"whether".
By adding after the word "delinquent" on line 29 of Page 4 the following:
"at separate court appearances".
By striking all of quoted subsection (d) on lines 1 through 15 of Page 5 and inserting in lieu thereof the following:
" ' (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 person who is 62 years of age or more: or (2) The juvenile is found to have commit ted 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 delinquent because of commission of an act which would have constituted the crime of burglary if done by an adult.' "
By adding after the word "child" on line 19 of Page 5 the following:
"15 years of age or older''.
By adding after the word "found'' on line 24 of Page 5 the following:
"at separate court appearances".
By striking the word "may" on line 16 of Page 6 and inserting in lieu thereof the following:
"shall".
By striking the word "that" on line 17 of Page 6 and inserting in lieu thereof the following:
"whether".

Senator Evans of the 37th moved that the Senate agree to the House amend ment to the Senate substitute to HB 610.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge Engram

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

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

Those not voting were Senators:

Allgood Barker
Bowen
Brantley Dean

English Fincher of 52nd
Garner
Hill Land

Starr Timmons Walker Wessels

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 610.
The following bills of the Senate were taken up for the purpose of considering the House substitute thereto:
SB 417. By Senator Greene of the 26th: A bill to amend Code Section 88-1913, relating to reports of incidents of physical injury or injuries by other than accidental means by certain per sonnel employed in certain medical facilities, so as to clarify that such reports shall be made to the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located.
The House substitute to SB 417 was as follows:
A BILL
To be entitled an Act to amend Code Section 88-1913, relating to reports of incidents of physical injury or injuries by other than accidental means by certain personnel employed in certain medical facilities, so as

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2967

to clarify that such reports shall be made to the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located; to amend the Official Code of Georgia Annotated ac cordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 2. Code Section 88-1913, relating to reports of incidents of physical injury or injuries by other than accidental means by certain per sonnel employed in certain medical facilities, is hereby amended by striking the second sentence of subsection (b) of said Code section, which read as follows:
"Said person in charge or his designated delegate shall in turn notify the appropriate police authority of the same.",
and inserting in lieu thereof the following:
"The person in charge of the medical facility or his designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of this report.'',
so that when so amended, subsection (b| of Code Section 88-1913 shall read as follows:
"(b) An oral report shall be made immediately by telephone or otherwise and followed by a report in writing, if requested, to the per son in charge of the medical facility or his designated delegate. The person in charge of the medical facility or his designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. Such reports shall contain the name and ad dress of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator."
Part 2
Section 2. Code Section 31-7-9 of the Official Code of Georgia An notated is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) An oral report shall be made immediately by telephone or otherwise and shall be followed by a report in writing, if requested, to the person in charge of the medical facility or his designated delegate. The person in charge of the medical facility or his designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the

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contents of the report. The report shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator."
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.

Senator Greene of the 26th moved that the Senate agree to the House substitute to SB 417.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bell Bond Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge Engram Evans

Fincher of 54th Foster Gillis Greene Holloway Horton Howard Kennedy Kidd Lester Littlefield McGill McKenzie

Those not voting were Senators:

Allgood Ballard Barker Bowen Brantley Dean

English Fincher of 52nd Garner Hill Hudgins

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

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2969

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 417.

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.

The House substitute to SB 604 was as follows:

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 advisor to the Composite State Board of Medical Examiners who shall serve ex officio without a vote; to provide for license display by doctors 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 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-

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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, osteophaths, 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) (1) 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 certified physician'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 physician's assistants, including but not limited to applicants for physician's assis tant certification and recertification and education requirements therefor, and proposed board regulations concerning physician's assistants. The committee shall periodically make recommendations to the board regarding matters reviewed. The members of the ad visory committee, except for the physicians who are members of the board, shall receive no compensation, allowances, or expenses.
(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 advisor to the board in all matters relating to physician's assistants and shall share in the privileges and benefits of the board without a vote.''
Section 4. Said chapter is further amended by adding a new subsec tion (c| 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."

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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.
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.

Senator Greene of the 26th moved that the Senate agree to the House substitute to SB 604.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bell Bond Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge Engram Evans

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

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

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Those not voting were Senators:

Ballard Barker Bowen Brantley Dean

English Fincher of 52nd Garner Hill

Land McKenzie Walker Wessels

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 604.

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

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 accordingly; to provide for effective dates.

The House amendments were as follows:

Amendment No. 1:

Amend SB 701 by striking the words: ' 'who are licensed attorneys at law''
on lines 3 and 4 of Page 1, and
by striking the words: "who is also a licensed attorney at law"
on line 16 of Page 1 and lines 4 and 5 of Page 2.

Amendment No. 2:

Amend SB 701 by deleting all words on line 21, Page 1, and line 10, Page 2 after the word "be" and inserting in lieu thereof the following:
''as provided by law."

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Senator Greene of the 26th moved that the Senate agree to the House amend ments to SB 701.

On the motion, a roll call was taken, and the vote was a follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge Engram

Fincher of 52nd Fincher of 54th Foster Gillis Greene Holloway Horton Howard Kennedy Kidd Lester Littlefield McGill McKenzie

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

Those not voting were Senators:

Barker Bowen Brannon Brantley Dean

English Evans Garner Hill Hudgins

Hudson Land Walker Wessels

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 701.

The following local bill of the Senate was taken up for the purpose of consider ing the House substitute thereto:

SB 430. By Senator Bryant of the 3rd:
A bill to reincorporate the City of Guyton in the County of Effingham; to repeal and replace the heretofore existing charter of the City of Guyton and provide a new charter for said city; to provide for the creation, incor poration, and powers of said city; to provide for the governmental Struc ture-; troi r^erp\(e=aal Qspnepcriifficr1 AArcttQs

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The House substitute to SB 430 was as follows:

A BILL
To be entitled an Act to reincorporate the City of Guyton in the County of Effingham; to repeal and replace the heretofore existing charter of the City of Guyton and provide a new charter for said city; to provide for the creation, incorporation, and powers of said city; to pro vide for the governmental structure; to provide for administrative affairs; to provide for a municipal court; to provide for elections and removal; to provide for financial affairs; to provide for accounting and budgeting; to provide for procurement and property management; to provide for zon ing; to provide for general matters; to provide for other matters relative to the foregoing; to provide for severability; to repeal specific Acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
CREATION, INCORPORATION, POWERS
1.10 Incorporation
1.11 Corporate boundaries
1.12 Powers and construction
1.13 Examples of powers
1.14 Exercise of powers
Section 1.10. Incorporation. This Act shall constitute a new charter for the City of Guyton in the County of Effingham, hereinafter referred to at times as the "city," repealing and replacing the charter as provided by an Act approved March 10, 1933 (Ga. Laws 1933, p. 952), as amend ed, particularly by an Act approved February 11, 1957 (Ga. Laws 1957, p. 2047), an Act approved April 5, 1961 (Ga. Laws 1961, p. 2948), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2720), an Act approved April 10, 1968 (Ga. Laws 1968, p. 3523), an Act approved January 13, 1969 (Ga. Laws 1969, p. 3952), an Act approved April 28, 1969 (Ga. Laws 1969, p. 3964), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 3603). The City of Guyton shall be a continuation of and successor to said city as heretofore incorporated. The City of Guyton, Georgia, and the in habitants thereof shall continue to be a body politic and corporate under the same name and style of Guyton, Georgia. Under that name, said city shall continue to be vested with all property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it and from time to time may hold or invest or sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever.

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Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those existing on the effective date of this charter with such alterations as may be made from time to time in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof to be retain ed permanently in the office of the city clerk and to be designated as the "Official Map or Description of the Corporate Limits of the City of Guyton, Georgia." Photographic, typed, or other copies of such map or description certified by the city council shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.
Section 1.12. Powers and construction, (a) This city shall have all powers possible for a city to have under the present or future Constitu tion and laws of this state as fully and completely as though they were specifically enumerated in this charter.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city.
Section 1.13. Examples of powers. The corporate powers of this city may include but are not limited to the following:
(1) Property taxes. To levy and to provide for the assessment, valua tion, revaluation, and collection of taxes on all property subject to taxa tion.
(2) Other taxes. To levy and collect such other taxes as may be allow ed now or in the future by state law.
(3) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees.
(4) Appropriation and expenditures. To make appropriations for the support of the government of the city,, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city.
(5) Municipal debts. To appropriate and borrow money for the pay ment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia.

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(6) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city.
(7) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose.
(8) Condemnation. To condemn property inside or outside the cor porate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority under Section 36-202 of the Code of Georgia, 1933, or under other applicable public Acts as are or may be enacted.
(9) Municipal utilities. To acquire, lease, construct, operate, main tain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced.
(10) Public utilities and services. To grant franchises or make con tracts for public utilities and public services and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with valid regulations by the Georgia Public Service Commission.
(11) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, pre vent erosion of, and light roads, alleys, and walkways within the cor porate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities.
(12) Public improvements. To provide for the acquisition, construc tion, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemetaries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the corporate limits of the city and to regulate the use thereof; and, for such purposes, property may be ac quired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable public Acts as are or may be enacted.
(13) Building regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; and to license the construction and erection of buildings and all other structures.

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(14) Planning and zoning. To provide such comprehensive planning for development by zoning, subdivision regulation, and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community.
(15) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances.
(16) Special areas of public regulation. To regulate and prohibit junk dealers, pawnshops, the manufacture, sale, or transportation of intox icating liquors, and the use and sale of firearms; to regulate the transpor tation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control, by taxation or otherwise, the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, and shows of any kind whatever; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors.
(17) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstruc tions upon or adjacent to the rights of way of streets and roads or within view thereof within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances.
(18) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards.
(19) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city.
(20) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regula tions not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punish ment for violation thereof.
(21) Public hazards, removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public.
(22) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items.
(23) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges.

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(24) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; to provide for the man ner and method of collecting such service charges and for enforcing pay ment of the same; to charge, impose, and collect a sewer connection fee or fees and to change the same from time to time, such fees to be levied on the users connecting with the sewerage system.
(25) Nuisance. To define a nuisance and provide for its abatement whether on public or private property.
(26) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administra tion and use of same by the public and to prescribe penalties and punish ment for violations thereof.
(27) Jail sentences. To provide that persons given jail sentences in the city's court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the city or to provide for commit ment of such persons to any county correctional institution or jail by agreement with the appropriate county officials.
(28) Animal regulations. To regulate and license or prohibit the keep ing or running at large of animals and fowl and to provide for the im poundment of same if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder.
(29) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city.
(30) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles.
(31) Special assessments. To levy and provide for the collection of special assessments to cover the cost for any public improvements.
(32) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be made therefor.
(33) City agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to

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(34) Penalties.' To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia.
(35) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency.
(36) Emergencies. To establish procedures for determining and pro claiming that an emergency situation exits within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or to meet such an emergency for the protection, safety, health, or well-being of the citizens of the city.
(37) Urban development. To organize and operate an urban redevelopment program.
(38) Public transportation. To organize and operate such public transportation systems as are deemed beneficial.
(39) General health, safety, and welfare. To define, regulate, and pro hibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the in habitants of the city and to provide for the enforcement of such stan dards.
(40) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, conven ience, or general welfare of the city and its inhabitants; to exercise all im plied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia.
No listing of particular powers in this charter shall be held to be ex clusive of others nor restrictive of general words or phrases granting powers but shall be held to be in addition to such powers unless express ly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees, shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

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ARTICLE II GOVERNMENTAL STRUCTURE
CHAPTER 1 LEGISLATIVE BRANCH
2.10 City council creation; composition; number; election
2.11 City council terms and qualifications for office
2.12 Vacancies; filling of vacancies
2.13 Compensation and expenses
2.14 Holding other office; voting when personally interested
2.15 Prohibitions
2.16 Inquiries and investigations
2.17 General power and authority of the city council
Section 2.10. City council creation; composition; number; election. The legislative authority of the government of this city, except as other wise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four council members. The mayor and council members shall be elected in the manner provided by Article V of this charter.
Section 2.11. City council terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city for a period of not less than 30 days immediately prior to the date of the election for mayor or members of the city council; and each shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of this city.
Section 2.12. Vacancies; filling of vacancies, (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V.
Section 2.13. Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office.

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Section 2.14. Holding other office; voting when personally in terested, (a) Except as authorized by general state law, the mayor or council member shall not hold any other city office or city employment during the term for which he was elected.
(b) Neither the mayor nor any member of the city council shall vote upon or sign or veto any question in which he is personally interested.
Section 2.15. Prohibitions, (a) Conflict of interest. No elected of ficial, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to im pair his independence of judgment or action in the performance of his official duties;
(2| Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others;
(4] Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner what soever in business dealings with the governmental body by which he is engaged; provided that an elected official who is a candidate for public office may accept campaign contributions and services in con nection with any such campaign;
(5) Represent other private interests in any action or proceeding against this city or any portion of its government; or
(6| Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he has a financial interest.
(b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest, such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agen cy or political entity to which this charter applies who shall have any

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private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.
(c) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such government for personal benefit, con venience, or profit except in accordance with policies promulgated by the city council or the governing body of such entity or agency.
(d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that par ty at the option of the city council.
(e) Ineligibility of elected officials. Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former council member shall hold any compensated appointive office in the city until one year after the ex piration of the term for which he was elected.
jf) Political activities of certain officers and employees. No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.
(g) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position.
(2) Any officer or employee of the city who shall forfeit his office or position as described in paragraph (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
Section 2.16. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the con duct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey any lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
Section 2.17. General power and authority of the city council. Ex cept as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided in Arti cle I.

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CHAPTER 2 ORGANIZATION AND PROCEDURE
2.18 Organization meeting
2.19 Regular and special meetings
2.20 Rules of procedure
2.21 Quorum; voting
2.22 Ordinance form; procedure
2.23 Action requiring an ordinance
2.24 Emergencies
2.25 Codes of technical regulations
2.26 Signing; authenticating; recording; codification; printing
Section 2.18. Organization meeting. The city council shall meet for organization on the second Tuesday in January after an election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
Section 2.19. Regular and special meetings, (a) The city council shall hold regular meetings at such time and places as prescribed by or dinance.
(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all members personally, or by telephone per sonally, at least 48 hours in advance of the meeting. Such notice to coun cil members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or aftersuch a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent re quired by general state law and notice to the public of special meetings shall be made fully as is reasonably possible five days prior to such meetings.

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Section 2.20. Rules of procedure. The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record.
Section 2.21. Quorum; voting. Two council members together with the mayor or mayor pro tem shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adop tion of ordinances shall be taken by voice vote, and the ayes and nays shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of a majori ty of the five council members shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. The mayor shall have a vote on the council.
Section 2.22. Ordinance form; procedure, (a) Every proposed or dinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Guyton hereby ordains ..." and every ordinance shall so begin.
(b) An ordiance may be introduced by any council member and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. Upon introduction of any or dinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city coun cil may designate.
Section 2.23. Action requiring an ordinance. In addition to other acts required by general state law or by specific provisions of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance.
Section 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be in troduced in the form generally prescribed for ordinances except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency or dinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the

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ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.25. Codes of technical regulations, (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as generally prescribed for ordinances except that (1) the requirements of Section 2.19(b) for distribution and filing of copies of the ordinance shall be construed to in clude copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 2.26. Signing; authenticating; recording; codification; print ing, (a) The clerk shall authenticate by his signature and record in full all ordinances adopted by the council in a properly indexed book kept for that purpose.
(b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codifications shall be adopted by the city council by ordinance and shall be published promptly, together with all amend ments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Guyton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at a reasonable price to be fixed by the city coun cil. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

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CHAPTER 3
EXECUTIVE BRANCH
2.35 Election of mayor; forfeiture; compensation
2.36 Mayor pro tem
2.37 Chief executive officer
2.38 Powers and duties of mayor
2.39 Submission of ordinances to the mayor; veto power
Section 2.35 Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until his successor is elected and qualified. He shall be a qualified elector of this city and shall have been a resident of this city for 30 days immediately preceding his election. He shall continue to reside in this city during the period of his service. He shall forfeit his office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members.
Section 2.36. Mayor pro tem. The city council shall elect by majori ty vote among its members a mayor pro tem who shall assume the duties and powers of the mayor upon declaration by the city council of the mayor's disability or absence.
Section 2.37. Chief executive officer. The mayor shall be the chief executive of this city. He shall possess all of the executive and ad ministrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter.
Section 2.38. Powers and duties of mayor. As the chief executive of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully ex ecuted;
(2) Appoint and remove all officers, department heads, and any employees of the city except as otherwise provided in this charter;
(3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;
(4) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget;
(5) Submit to the city council at least once a year a statement cover ing the financial conditions of the city and from time to time such other information as the city council may request;

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(6) Recommend to the city council such measures relative to the af fairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(7) Call special meetings of the city council as provided for in Section 2.19(b);
(8) Approve or disapprove ordinances as provided in Section 2.40;
(9) Examine and audit all accounts of the city;
(10) Require any department or agency of the city to submit written reports whenever he deems it expedient;
(11) Perform other duties as may be required by general state law, this charter, or ordinance.
Section 2.39. Submission of ordinances to the mayor; veto power, (a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor.
(b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval, or with his disap proval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of his reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting and, should the city council then or at its next general meeting adopt the ordinances by an affirmative vote of three members, they shall become law.
(d) The mayor may disapproved or reduce any item or items of ap propriation in any ordinance. The approved part or parts of any or dinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall become law unless overridden by the council as in subsection (c) above.
ARTICLE III
ADMINISTRATIVE AFFAIRS
Organization and General Provisions
3.10 Administrative and service departments
3.11 Board, commissions, and authorities
3.12 City attorney

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3.13 City clerk
3.14 Tax collector
3.15 City accountant
3.16 Position classification and pay plans
3.17 Personnel policies
Section 3.10. Administrative and service departments, (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or general state law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency.
(e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by council. The mayor may suspend or remove directors under his supervision but such shall not be effective for 21 calendar days following the mayor's giving written notice of such action and the reasons therefor to the direc tor involved and the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three council members.
Section 3.11. Board, commissions, and authorities, (a) The city coun cil shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary and shall by ordinance establish the com position, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appoint ing authority, term of office, or manner of appointment is prescribed by this charter or general state law.
(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.

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(d) No member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general state law.
(f) No member of a board, commission, or authority shall assume of fice until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be remov ed from office for cause by a vote of three members of the city council.
(h) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not in consistent with this charter, ordinances of the city, or general state law as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city.
Section 3.12. City attorney. The mayor and council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or at torneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city con cerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city at torney.
Section 3.13. City clerk. The mayor and council shall appoint a city clerk who shall not be a council member. The city clerk shall be custo dian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the ci ty council.
Section 3.14. Tax collector. The mayor and council may appoint a tax collector to collect all taxes, licenses, fees, and other moneys belong ing to the city subject to the provisions of this charter and the ordinances of the city; or the city clerk may act as the tax collector if no tax collector is appointed; and the tax collector shall diligently comply with and en force all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

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Section 3.15. City accountant. The mayor and council may appoint a city accountant to perform the duties of an accountant.
Section 3.16. Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Said plans may apply to all employees of the city and any of its agencies, depart ments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salaries of in dividual employees except by amendment of said pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
Section 3.17. Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the ad ministration of the position classification and pay plan, methods of pro motion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) such dismissal hearings as due process may require; and (5) such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV MUNICIPAL COURT
4.10 Creation; name
4.11 Chief judge; associate judge
4.12 Convening
4.13 Jurisdiction; power
4.14 Appeal
4.15 Rules for court
4.16 Right to counsel
Section 4.10. Creation; name. City council may create a court to be known as the Municipal Court of the City of Guyton, Georgia.
Section 4.11. Chief judge, associate judge. (a| The municipal court, if created by council, shall be presided over by a chief judge and such parttime, full-time, or stand-by associate judges as shall be provided by or dinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be ap pointed by the city council.

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(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a vote of three members of the city council.
(e) Before entering upon the duties of his office, each judge shall take an oath given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or par tiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.
Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by ordinance or as provided by ordinance.
Section 4.13. Jurisdiction; powers, (a) The municipal court shall try and punish violations of all city ordinances.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or 30 days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both, or to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 90 days.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimburse ment of the cost of meals, transportation, and caretaking of prisoners over to superior courts for violations of state laws.
je) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any par ty; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.

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(h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any of ficer as authorized by this charter or by general state law.
ji) The municipal court is specifically vested with all of the jurisdic tion and powers throughout the entire area of this city granted by general state laws to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 4.14. Appeal. The right of appeal and any bond as may be re quired to secure the costs on appeal to the Superior Court of Effingham County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court, provided that any person who fails to file his ap peal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding.
Section 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and suc cessful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court pro ceedings at least 48 hours prior to said proceedings.
Section 4.16. Right to counsel. In all cases before the municipal court, an indigent defendant shall be advised as to the right to have counsel appointed and an attorney must be provided where desired ex cept in such cases where the judge does not wish to impose a jail term.
ARTICLE V ELECTIONS AND REMOVAL
5.10 Applicability of general law
5.11 Election of the city council and mayor
5.12 Vacancy in office of mayor or council member
5.13 Other provisions
5.14 Nonpartisan elections
5.15 Election by majority
5.16 Grounds for removal
5.17 Procedure for removal

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Section 5.10 Applicability of general law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885) and Chapter 3 of Title 21 of the Official Code of Georgia An notated, as now or hereafter amended.
Section 5.11. Election of the city council and mayor. There shall be a municipal general election biennially on the second Tuesday of September.
There shall be elected the mayor and two council members at one election and every other election thereafter. The remaining two city council seats shall be filled at the election alternating with the first group such that a continuing body is created as provided for in the first election under this charter in Section 8.13.
Section 5.12. Vacancy in office of mayor or council member. A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, has been continuously disabled for a period of six months so as to prevent him from discharging the duties of his office, accepts any federal, state, county, or other municipal elected office, or is convicted of malfeasance or misfeasance in office, a felony, a violation of the Act, or a violation of the election laws of the state. The mayor and council shall appoint a qualified person to fill such a vacancy for the re mainder of the unexpired term.
Section 5.13. Other provisions. Except as otherwise provided by this charter, the city council shall by ordinance prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885) and Chapter 3 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.
Section 5.14. Nonpartisan elections. Political parties shall not con duct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
Section 5.15. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected.
Section 5.16. Grounds for removal. The mayor, council members, or others provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence or misfeasance or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(4) Knowingly violating any express prohibition of this charter;

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(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as re quired by this charter or by state law.
Section 5.17. Procedure for removal. Removal of any abovedescribed officer may be accomplished by any one of the following methods:
(1) By an affirmative vote of all council members, excluding any abstentions, after an investigative hearing. In the event that an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Effingham County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.
(2) By information filed in the Superior Court of Effingham Coun ty as provided by state law.
ARTICLE VI FINANCE
6.10 Property tax
6.11 Millage rate, due dates, payment methods
6.12 Occupation and business taxes
6.13 Licenses, permits, fees
6.14 Franchises
6.15 Service charges
6.16 Special assessments
6.17 Construction; other taxes
6.18 Collection of delinquent taxes and fees
Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the cor porate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, pro viding for the repayment of principal and interest on general obligations, and providing for any other public purpose as determined by the city council in its discretion.

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Section 6.11. Millage rate, due dates, payment methods. The city council by ordinance shall establish a millage rate for the city property tax, which shall not exceed ten mills, a due date, and the length of time in which these taxes must be paid. The city council by ordinance may pro vide for the payment of these taxes in installments or in one lump sum as well as authorize the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The city council by or dinance shall have the power to levy such occupation or business taxes as are not denied by general state law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, profes sions, or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.18.
Section 6.13. Licenses, permits, fees. The city council by ordinance shall have the power to require any individual or corporation transacting business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.16. The city council by ordinance may establish reasonable re quirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates.
Section 6.14. Franchises. The city council shall have the right to grant franchises for the use of this city's streets and alleys for the purpose of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, pro visions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all fran chises with the city clerk in a registration book to be kept by him. The ci ty council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health, or any other services rendered within and without the corporate limits of the city for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided in Section 6.18.
Section 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk,

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curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Sec tion 6.18.
Section 6.17. Construction; other taxes. This city shall be em powered to levy any other tax allowed now or hereafter by state law; and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes and fees. The city coun cil by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by general state law. Such provisions shall include dates when the taxes or fees are due, late penalties or interest, issuance and executions of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, allowing exceptions for hardship, and providing for the assignment or transfer of tax executions.
CHAPTER 2 BONDED AND OTHER INDEBTEDNESS
6.19 General obligation bonds
6.20 Revenue bonds
6.21 Short-term notes
Section 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in ac cordance with the general laws governing bond issuances by municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
Section 6.21. Short-term notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future state law.
CHAPTER 3 ACCOUNTING AND BUDGETING
6.22 Applicability of Georgia law
6.23 Fiscal year
6.24 Budget officer

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6.25 Submission of operating budget to city council
6.26 Budget hearings
6.27 Budget ordinance
6.28 Tax levies
6.29 Changes in appropriations
6.30 Capital budget
6.31 Independent audit
Section 6.22. Applicability of Georgia law. All matters relating to ac counting and budgeting procedures shall be conducted in accordance with the "Local Government Financial Management Standards and Pro cedures Act," Chapter 23-26 of the Code of Georgia of 1933 (Ga. Laws 1980, p. 1738) and Chapter 81 of Title 36 of the Official Code of Georgia Annotated, as now or hereafter amended.
Section 6.23. Fiscal year. The mayor and council shall establish by ordinance a fiscal year for the operation of the local government which shall begin on July 1 of each year and end on June 30 of the following year.
Section 6.24. Budget officer. The mayor and council may appoint a budget officer. It shall be the duty of the budget officer to exercise con trol over the administrative functions of the budgeting preparation. The budgeting officer shall serve at the will of the mayor and council, his salary being set by ordinance.
Section 6.25. Submission of operating budget to city council, (a) On or before a date fixed by the council but not later than 30 days prior to the beginning of each fiscal year, the budget officer shall submit to the ci ty council a proposed operating budget for the ensuing fiscal year. The budget shall be prepared in accordance with general state law. The mayor and council shall set a date for the review of the proposed budget and a copy of the budget shall be filed in the office of the city clerk and shall be open for public inspection.
(b) At the time of submission, the mayor and council shall publish a statement advising the residents of Guyton of the availability of the budget. This notice shall be prominently displayed as an advertisement or news article not in the legal section of a newspaper of general circula tion in the city. The statement shall also give notice of the time and place of the budget hearings required in Section 6.26.
Section 6.26. Budget hearings. Not later than one week prior to adoption of the budget ordinance or resolution, the governing authority shall conduct a public hearing at which time any persons wishing to be heard on the budget may appear. Other such meetings may occur if the mayor and council deem them necessary.

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Section 6.27. Budget ordinance, (a) The mayor and council by or dinance shall adopt the final operating budget for the ensuing fiscal year no later than the first meeting in the month of May, this date being after the date of the hearing required by Section 6.26. The budget shall be adopted at a public meeting called for in Section 6.26.
jb) The budget as finally amended and adopted must provide for all expenditures required by state law and by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(c) If the city council fails to adopt the budget by the date stated in subsection (a), the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis with all items prorated accordingly until such time as a budget is adopted.
(d) The amount set forth in the adopted operating budget shall con stitute the annual appropriation for such; and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable.
Section 6.28. Tax levies. As the next order of business following adoption of the operating budget, the mayor and council shall levy by or dinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount ap propriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
Section 6.29. Changes in appropriations. The mayor and council may make changes in appropriations in the current operating budget in the manner prescribed by state law at any regular meeting or special meeting called for such purpose. Any additional appropriation may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue.
Section 6.30. Capital budget. The mayor and council shall provide by ordinance for the adoption of a capital improvements budget which shall apply to all departments, boards, authorities, commissions, offices, agencies, and activities.
Section 6.31. Independent Audit. There shall be an annual indepen dent audit of all city accounts, funds, and financial transactions con ducted in accordance with state laws.

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CHAPTER 4 PROCUREMENT AND PROPERTY MANAGEMENT
6.32 Contracting procedures
6.33 Centralized purchasing
6.34 Sale of city property
Introduction: The following provisions set forth minimum requirements for property procurement and management. These sections provide the mayor and council with the power to sell or convey real or personal prop erty owned by the city, to quitclaim rights held in property, to swap land parcels and other sections generally provide for contracting procedures and centralized purchasing.
Section 6.32. Contracting procedures. No contract with the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn by or submitted and reviewed by the city attorney and, as a matter or course, is signed by him to indicate such drafting or review;
and
(3) It is made or authorized by the city council and such approval is entered in the city journal of minutes required under Section 2.20.
Section 6.33. Centralized purchasing. The city council shall by or dinance prescribe procedures for a system of centralized purchasing for the city.
Section 6.34. Sale of city property, (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law as now or later amended at Section 69-318 of the Code of Georgia of 1933 and Code Section 36-37-6 of the Official Code of Georgia Annotated (Ga. Laws 1976, p. 350).
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or ad-

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joining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII ZONING
7.10 Zoning board
7.11 Zoning board of appeals
Section 7.10. Zoning board. The mayor and council may appoint a zoning and planning board to act in the place of the mayor and council and the zoning board may adopt ordinances and regulations for the ad ministration thereof. The zoning board shall have the authority to establish zoning rules and regulations and a zoning map.
Section 7.11. Zoning board of appeals. The mayor and council may appoint a zoning board of appeals to hear cases involving variances from the zoning rules and regulations.
ARTICLE VIII GENERAL PROVISIONS
8.10 Eminent domain
8.11 Official bonds
8.12 Existing ordinances, resolutions, rules, and regulations
8.13 First election under this charter
8.14 Existing personnel and officers
8.15 Pending matters
8.16 Penalties
8.17 Construction
8.18 Severability
8.19 Specific law repealed
8.20 Repealer
Section 8.10. Eminent domain. The city council is hereby em powered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements

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inside or outside the city, and to regulate the use thereof; and, for such purposes, property may be taken under any Georgia law applicable now or provided in the future.
Section 8.11. Official bonds. The officers and employees of this city, both elective and appointive, shall execute such official bonds in such amount and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by state law.
Section 8.12. Existing ordinances, resolutions, rules, and regula tions. Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each so that a codification as provid ed by subsection (b) of Section 2.26 is begun.
Section 8.13. First election under this charter. The first municipal election shall be on September 12, 1982, at which the mayor position shall be filled for a four-year term, two council member positions shall be filled for four-year terms, and two council member positions shall be fill ed for two-year terms. The two council member candidates who are elected by the highest number of votes shall be elected for four-year terms, and the two candidates elected by the next highest number of votes shall be elected for two-year terms. Thereafter, beginning in September, 1984, all council members shall be elected for four-year stag gered terms. The governing authority of the City of Guyton holding of fice on the date this charter becomes effective under the provisions of the heretofore existing charter of said city shall continue as the governing authority of said city under this charter until successors are elected as herein provided.
Section 8.14. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and ar ranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
Section 8.15. Pending matters. Except as specifically provided other wise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue; and any such ongoing work or cases shall be dealt with by such city agencies, personnel, or of fice as may be provided by the city council.
Section 8.16. Penalties. The violation of any provisions of this charter for which penalty is not specifically provided for herein is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $500.00 or by imprisonment not to exceed 60 days, or by both such fine and imprisonment.

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Section 8.17. Construction, (a) Section captions in this charter are in formative only and are not to be considered as a part thereof.
(b) The word "shall" is intended to be mandatory and the word "may" is not.
(c) The singular shall include the plural and the masculine the feminine and vice versa.
Section 8.18. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be in valid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
Section 8.19. Specific law repealed. An Act incorporating the City of Guyton in the County of Effingham, approved March 10, 1933 (Ga. Laws 1933, p. 952), is hereby repealed in its entirety; and all amendatory Acts thereto are likewise repealed in their entirety.
Section 8.20. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Bryant of the 3rd moved that the Senate agree to the House substitute to SB 430.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 430.
The following local bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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

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3003

On the 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 Bryant Coleman Coverdell Deal Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard 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 were Senators Barnes and Hudson.

Those not voting were Senators:

Barker Cobb

Dean Garner

Hudgins Wessels

On the passage of the bill, the yeas were 48, nays 2.
The bill, having received the requisite constitutional majority, was passed.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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. Senate Sponsor: Senator Hudson of the 35th.

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The Senate Committee on Industry, Labor and Tourism offered the following amendment:

Amend HB 1546 by adding after the semicolon on line 15 of Page 5 the following:
"and".
By striking from line 18 of Page 5 the following: "; and",
and inserting in lieu thereof the following:

By striking all matter on lines 19 and 20 of Page 5.

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood 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 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 Barnes.

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Those not voting were Senators:

Ballard Barker

Dean

Garner

On the passage of the bill, the yeas were 51, nays 1.

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

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.
Senate Sponsor: Senator Kennedy of the 4th.

Senator Kidd of the 25th offered the following amendment:

Amend HB 1736 by adding in the title on line 6 of Page 1, immediate ly preceding the words "to amend", the following:
"to change the provisions relating to procedures and methods for awarding indemnification;".
By adding at the end of Part 1, immediately below line 23 on Page 1, a new Section 1A to read as follows:
"Section 1A. Said Act is further amended by striking in its entirety subsection (a) of Section 5, which reads as follows:
'(a) The indemnification shall be paid by the Commission as hereinafter provided when a law enforcement officer, fireman or prison guard, while engaged in the performance of his duties is:
(1) Killed or has been killed or receives or has received bodily in jury which results or has resulted in death within 12 months thereafter, if such killing does not or did not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement of ficers, firemen or prison guards, and if such killing is not or was not the result of suicide and if such bodily injury is not or was not inten tionally self-inflicted.
(2) Permanently disabled or has been permanently disabled, if the permanent disability does not or did not occur from natural causes while performing routine duties which would not be strenuous or

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dangerous if performed by citizens who are not law enforcement of ficers, firemen or prison guards and if the permanent disability is not or was not intentionally self-inflicted.',
and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) (1) The indemnification shall be paid by the Commission as hereinafter provided when a law enforcement officer, fireman or prison guard, while engaged in the performance of his duties is killed or has been killed or receives or has received bodily injury which results or has resulted in death within 12 months thereafter.
(2) Indemnification shall also be paid when any such law enforce ment officer, fireman or prison guard, while engaged in the perfor mance of his duties, dies from natural causes brought about by active exertion of efforts while performing direct law enforcement, fireman or prison guard duties and which are directly related and traceable to the exertion by the individual.
(3) Indemnification shall not apply if the death is due to natural causes and occurs while performing routine duties which would not be strenuous or dangerous if performed by ordinary citizens.
(4) Indemnification shall not apply if the death or killing is or was the result of suicide or was intentionally self-inflicted.' "
By striking from Part 2, beginning on line 2 of Page 2, the following:
"Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions with respect to indemnification of law enforce ment officers, firemen, and prison guards, is amended by striking paragraph (5) in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:",
and inserting in lieu thereof the following:
"Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, and prison guards, is amended by striking in its entirety paragraph (5) of Code Section 45-9-81 and inserting in lieu thereof a new paragraph (5) to read as follows:".
By adding at the end of Part 2, between lines 13 and 14, a new Sec tion 2A to read as follows:
"Section 2A. Said article is further amended by striking in its en tirety subsection (a) of Code Section 45-9-85, which reads as follows:
'(a) The indemnification shall be paid by the commission when a law enforcement officer, fireman, or prison guard, while engaged in the performance of his duties:
(1) Is killed or receives bodily injury which results in death within 12 months thereafter, if such killing does not occur from natural causes while performing routine duties which would not be strenuous

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3007

or dangerous if performed by citizens who are not law enforcement officers, firemen, or prison guards, and if such killing is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or
(2) Is permanently disabled, if the permanent disability does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, or prison guards, and if the permanent disability is not intentionally self-inflicted.',
and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) (1) The indemnification shall be paid by the commission when a law enforcement officer, fireman, or prison guard, while engaged in the performance of his duties, is killed or has been killed or receives or has received bodily injury which results or has resulted in death within 12 months thereafter.
(2) Indemnification shall also be paid when any such law enforce ment officer, fireman, or prison guard, while engaged in the perfor mance of his duties, dies from natural causes which are brought about by active exertion of efforts while performing direct law enforcement, fireman, or prison guard duties and which are directly related and traceable to the exertion by the individual.
(3) Indemnification shall not apply if the death is due to natural causes and occurs while performing routine duties which would not be strenuous or dangerous if performed by ordinary citizens.
(4) Indemnification shall not apply if the death or killing is or was the result of suicide or was intentionally self-inflicted.' "

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

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Brannon Brantley Broun of 46th Brown of 47th

Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

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

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Hill Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Bond

Bowen Holloway

Hudson Scott

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

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

The following local resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SR 227 was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to require the Board of Education of the Union County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes from January 1, 1983, until December 31, 1984; 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 Union County School District shall impose, levy, and collect a sales and use tax for educational pur poses of that school district for a period beginning on January 1, 1983,

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3009

and ending on December 31, 1984. 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. No referendum shall be required for the imposition of this tax. Nothing in this paragraph shall prohibit Union County and those municipalities located therein from imposing the joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, and the tax imposed under this paragraph shall be in addition to such joint county and municipal sales and use tax. The Union County School District is authorized to contract or otherwise provide for the collection and administration of the tax re quired 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 mat ter of this paragraph and to further define and implement its provi sions. This authority 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 that subject matter notwithstanding the provisions of any conflicting general law. The authority for the tax authorized by this paragraph shall expire on January 1, 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 [ ] NO

Shall the Constitution be amended so as to require the Board of Education of the Union County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes for a period beginning on January 1, 1983, and ending on December 31, 1984?"

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 Foster of the 50th moved that the Senate agree to the House substitute to SR 227.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 227.

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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 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.

The Speaker has appointed on the part of the House the following members thereof: Representatives Lambert of the 112th, Ham of the 80th and Darden of the 19th.

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

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.
Senate Sponsor: Senator Dean of the 31 St.

Senator Barnes of the 33rd offered the following substitute to HB 1433:

A BILL
To be entitled an Act to amend the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, particularly by an Act approved April 15, 1981 (Ga. L. 1981, p. 1565), so as to change the conditions under which teachers and other pro fessional personnel shall be entitled to lifetime certification; to provide that superintendents who have certain qualifications shall be exempt from certain certification requirements; to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to certification of

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3011

educational personnel, so as to provide therein for the same change 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. The "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, particular ly by an Act approved April 15, 1981 (Ga. L. 1981, p. 1565), is amended by striking subsection (d) of Section 55 in its entirety and substituting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) All teachers and other professional personnel who hold or have held life certificates shall be entitled to carry forward that lifetime status if they become qualified by reason of additional train ing for a next higher level of certification in the same field.
(e) Elected or appointed superintendents at the local or state level who meet the requirements of Code Section 32-502 and Code Section 32-1004 and who hold fifth-year degrees or higher in education from an accredited college or university shall be exempt from performancebased certification requirements."
Part 2
Section 2. Code Section 20-2-282 of the Official Code of Georgia An notated, relating to certification of educational personnel, is amended by striking subsection (e) in its entirety and substituting in lieu thereof new subsections (e) and (f) to read as follows:
"(e) All teachers and other professional personnel who hold or have held life certificates shall be entitled to carry forward that lifetime status if they become qualified by reason of additional train ing for a next higher level of certification in the same field.
(f) Elected or appointed superintendents at the local or state level who meet the requirements of Code Section 20-2-31 and Code Section 20-2-102 and who hold fifth-year degrees or higher in education from an accredited college or university shall be exempt from performancebased certification requirements."
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 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 repealed.

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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, 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 Barnes 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 Hudson Kennedy Kidd Land Lester

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

Those not voting were Senators:

Barker Bell Bond Bowen

Fincher of 52nd Hudgins Stephens

Tate Timmons 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.
Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1433.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

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3013

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.
Senate Sponsor: Senator Tate of the 38th.

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

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

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

DATE:

March 11, 1982

SUBJECT: Fiscal Note--House Bill 1321 (LC 7 4959S) Public School Employees' Retirement System (PSERS) Teachers' Retirement System (TRS)

The substitute version of this Bill revises TRS' definition of "teachers" to include full-time public school transportation managers or supervisors and allows such persons to elect membership in TRS. Cur rently, such persons are required to be members of PSERS. Upon elec tion of TRS membership, such persons would be permitted to purchase prior service credit with TRS by paying employee and employer con tributions on the salary earned as PSERS members plus accrued interest to the date of payment. Local boards of education may pay the employer contributions plus interest. New transportation managers or supervisors would elect membership in TRS or PSERS within 30 days of employment and such persons could only be a member of one of these Retirement Systems. Transportation managers or supervisors who transfer to TRS would be allowed to withdraw their accumulated contributions from
PSERS.

This Bill would also permit full-time managers or supervisors of school lunchrooms, warehouses, or maintenance operations who have 10 or more years' service with PSERS and who elect to become members of TRS to withdraw their accumulated contributions from PSERS. Under current law, such persons who transfer to TRS cannot withdraw their ac cumulated contributions from PSERS and, as a result, cannot purchase prior service credit with TRS.

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The actuary for TRS has estimated that the additional annual employer cost for transportation managers and supervisors transferring would be 11.5% of the payroll of the members who transfer. Accurate data on the number and salary level of persons eligible to transfer is not available, but the administrators of TRS have estimated that 25 persons would transfer under this Bill. Assuming these persons had an average salary of $18,000, the cost of this Bill to TRS for the first year would be $51,750. In addition, the state would incur additional cost because employer contributions to TRS for persons with a salary of $18,000 would be $2,108 while the state pays approximately $340 per employee to PSERS. The additional $1,768 employer contribution for 25 transferees would be $44,200 for the first year. The cost of this Bill to TRS and the State in future years would depend on changes in the salaries of the transferred members.

The impact of allowing other TRS members who have transferred from PSERS with 10 years' service to withdraw their contributions from PSERS is expected to be minimal since it is estimated that only 12 per sons would be affected.

Is/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

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

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

Those voting in the affirmative were Senators:

Allgood Ballard 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 Hudson Kennedy Kidd Land

Lester Littlefield McGill
McKenzie Reynolds Robinson
Starr Stephens Stumbaugh Summers Sutton
Tate Thompson Turner Walker Wessels

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3015

Those not voting were Senators:

Barker Bell Holloway (presiding)

Hudgins Scott Timmons

Trulock Tysinger

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

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

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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 1900 by striking the word, numbers, and comma "January 1, 1984" on line 15 of Page 3 in their entirety and inserting in lieu thereof the word, numbers, and comma ' 'July 1, 1983".
By striking the word, numbers, and comma "January 1, 1984" on line 33 of Page 9 in their entirety and inserting in lieu thereof the word, numbers, and comma "July 1, 1983".
By striking the word, numbers, and comma "January 1, 1984" on line 2 of Page 10 in their entirety and inserting in lieu thereof the word, numbers, and comma "July 1, 1983".

On the adoption of the amendment, 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 Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Cobb

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

Garner Gillis Greene Hill Horton Hudgins Hudson Kennedy Kidd

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Lester Littlefield McGill McKenzie Reynolds Robinson

JOURNAL OF THE SENATE

Starr Stephens Stumbaugh Sutton Tate Timmons

Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Bell Bowen Brannon

Deal Dean (excused conferee) Holloway (presiding) Howard

Land Scott Summers Thompson

On the adoption of the amendment, the yeas were 44, nays 0, and the amend ment was adopted.

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

On the 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 Brantley Broun of 46th Bryant Cobb Coleman Coverdell Deal Eldridge English Engram Evans

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

McGill McKenzie Robinson Starr Stephens Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Bell Bowen Brannon

Brown of 47th Dean (excused conferee) Fincher of 52nd Holloway (presiding) Land

Reynolds Scott Thompson Trulock Wessels

TUESDAY, MARCH 23, 1982 On the passage of the bill, the yeas were 41, nays 0.

3017

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

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.
Senate Sponsor: Senator Reynolds of the 48th.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English

Engram Fincher of 52nd Foster Gillis Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Garner

Hill

Those not voting were Senators:

Barker Bell Bowen Brannon Dean (excused conferee)

Evans Fincher of 54th Greene Holloway (presiding)

Robinson
Hudson Scott Trulock Wessels

On the passage of the bill, the yeas were 40, nays 3.

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JOURNAL OF THE SENATE

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

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.
Senate Sponsor: Senator Littlefield of the 6th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 1102 by adding between lines 32 and 33 on Page 23 a new paragraph (16) to read as follows:
"(16) Where no representations, promises, or agreements are made that any improvements or amenities will be provided in the property by the subdivider but rather that any improvements or amenities will be furnished by the purchaser."

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

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes 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 Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

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

TUESDAY, MARCH 23, 1982

3019

Those not voting were Senators:

Barker Bell Bond

Dean (excused conferee) Evans Greene

Holloway (presiding) Scott Summers

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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. Senate Sponsors: Senators Scott of the 43rd and Ballard of the 45th.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bowen Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Eldridge English Engram
Evans

Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Howard Hudgins Kennedy Kidd Land Lester McGill

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Bell Bond Brannon Bryant

Dean (excused conferee) Greene Holloway (presiding) Hudson

Littlefield Scott Starr Summers

On the passage of the bill, the yeas were 43, nays 0.

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

The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 1337, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1337.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, ap pointed as a Conference Committee on the part of the Senate the following:

Senators Starr of the 44th, Kennedy of the 4th and Gillis of the 20th.

The following general bills and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 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.
Senate Sponsors: Senators Tate of the 38th and Fincher of the 54th.

TUESDAY, MARCH 23, 1982

3021

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:

March 23, 1982

SUBJECT: Fiscal Note--House Bill 1342 (Floor Amendment by Cummings, Childs, Williams, Clark, Adams, and others) Teachers' Retirement System (TRS)

This Bill would allow members to obtain up to 10 years' service credit for teaching in schools operated by the Bureau of Indian Affairs of the United States Department of Interior, provided such members are not entitled to receive a pension or annuity from another state, county, municipal or federal pension plan (excluding Social Security). To be eligi ble for such prior service credit, members must first establish five years' membership service in the public schools or University System of Georgia. One year of prior service credit could then be purchased for each additional year of membership service earned by paying, prior to retirement, employee contributions of 5% and employer contributions of 6.83% (on the compensation received for prior service) plus accrued in terest.

In a letter dated February 5, 1982, the actuary for TRS stated that this Bill would result in a negligible change in cost to the Retirement System. One member has been identified, however, who would be affected by this legislation. Assuming that this member would pay the required con tributions plus interest upon retirement at age 62 in 1984, the unfunded liability created at retirement for each year of credit purchased would be $2,851 (which has a current present value of $2,562). A survey of TRS members would be necessary to determine the actual number of persons affected by this Bill.

1st W. M. Nixon State Auditor

/s' C. T. Stevens, Director Office of Planning and Budget

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

3022

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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge

English Engram Evans Fincher of 54th Foster Garner Gillis Hill Horton Howard Hudgins Kennedy Kidd

Lester McKenzie Reynolds Starr Stephens Summers Sutton Tate Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Barker Bell Bond Broun of 46th Dean (excused conferee) Fincher of 52nd

Greene Holloway (presiding) Hudson Land Littlefield

McGill Robinson Scott Stumbaugh Timmons

On the passage of the bill, the yeas were 39, nays 1.
The bill, having received the requisite constitutional majority, was passed.
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. Senate Sponsor: Senator Horton of the 17th.
The Senate Committee on Public Utilities offered the following amendment: Amend HR 658 by adding after the comma on line 7 of Page 2 the
following: may .

TUESDAY, MARCH 23, 1982

3023

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Bond Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal English Engram Fincher of 54th Foster

Garner Gillis Greene Hill Horton Hudgins Kennedy Kidd Land Lester McGill McKenzie

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

Those not voting were Senators:

Ballard Barker Barnes Bell Bowen Brannon Bryant

Dean (excused conferee) Eldridge Evans Fincher of 52nd Holloway (presiding) Howard

Hudson Littlefield Reynolds Scott Stumbaugh Timmons

On the adoption of the resolution, the yeas were 37, nays 0.

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

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.
Senate Sponsors: Senators Starr of the 44th and Wessels of the 2nd.

3024

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Bowen 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 Horton Howard Hudgins Hudson Kennedy Kidd Lester

Littlefield McGill McKenzie Starr Stephens Stumbaugh Summers Sutton Tate Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Barnes Bell Bond Dean (excused conferee)

Fincher of 52nd Holloway (presiding) Land Reynolds

Robinson Scott Thompson Timmons

On the passage of the bill, the yeas were 43, nays 0.

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

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-
Senate Sponsor: Senator Garner of the 30th.

Senator Garner of the 30th offered the following amendment:
Amend HB 1368 by striking on Page 1, line 6 the word "blank" and inserting in lieu thereof the word "bank".

TUESDAY, MARCH 23, 1982

3025

On the adoption of the amendment, the yeas were 29, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal English Engram

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

Those not voting were Senators:

Barker

Eldridge

Bell

Evans

Brannon

Fincher of 54th

Dean (excused conferee) Holloway (presiding)

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

On the passage of the bill, the yeas were 44, 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 1368.

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JOURNAL OF THE SENATE

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.
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 Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English

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

Lester Littlefield McGill McKenzie Reynolds Robinson Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger Walker

Those not voting were Senators:

Ballard

Evans

Barker

Holloway (presiding)

Bell

Scott

Dean (excused conferee) Starr

Tate Timmons Trulock Wessels

On the passage of the bill, the yeas were 44, nays 0.

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

TUESDAY, MARCH 23, 1982

3027

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.
Senate Sponsor: Senator Tate of the 38th.

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

Department Of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

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

DATE:

February 10, 1982

SUBJECT: Fiscal Note-House Bill 1340 (LC 7 4686) Teachers' Retirement System (TRS)

This Bill would revise the current law to remove the 5Vz% ceiling on the rate of interest set by the Board of Trustees for use in actuarial calculations.

In a letter dated February 5, 1982, the actuary for TRS stated that this Bill would have no effect on the actual cost of the Retirement System.

I si W. M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bond

Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Coleman Coverdell

3028
Deal Eldridge English Engram Fincher of 52nd Foster Gillis Greene Hill Howard Hudgins

JOURNAL OF THE SENATE

Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson

Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker

Fincher of 54th

Bell

Garner

Cobb

Holloway (presiding)

Dean (excused conferee) Horton

Evans

Scott Starr Timmons Trulock

On the passage of the bill, the yeas were 43, nays 0.

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

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.
Senate Sponsor: Senator Eldridge of the 7th.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Bowen Brannon Brantley Brown of 47th

Bryant Coleman Coverdell Deal Eldridge English Engram Evans Fincher of 52nd

Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson

TUESDAY, MARCH 23, 1982

3029

Kennedy Kidd Land Lester McKenzie Reynolds

Robinson Stephens Summers Sutton Tate Thompson

Those not voting were Senators:

Bell

Fincher of 54th

Broun of 46th

Holloway (presiding)

Cobb

Littlefield

Dean (excused conferee) McGill

Timmons Trulock Turner Tysinger Walker Wessels
Scott Starr Stumbaugh

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

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

HB 291. By Representatives Harrison and Isakson of the 20th, Darden of the 19th and Nix of the 20th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change a provision relative to a definition.
Senate Sponsor: Senator Coverdell of the 40th.

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

Department Of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

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

DATE:

March 18, 1981

SUBJECT: Fiscal Note--House Bill 291 (Floor Amendment to Committee Substitute)
Teachers' Retirement System

This Bill would allow any active member who was employed by an independent school system for at least 17 years prior to June 30, 1979 and who was a member of a local retirement fund to receive creditable

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JOURNAL OF THE SENATE

service equivalent to the creditable service obtained under the local fund. To obtain such service, members would be required to pay the amount of employee contributions which would have been paid had the person been a member of TRS, plus interest. The local retirement fund would be required to pay the amount of employer contributions (plus in terest) which would have been paid had the person been a member of TRS.
Sufficient data is not available to prepare an accurate and complete fiscal note because the number of persons electing this provision cannot be determined. An actuarial study would be required to aid in assessing the fiscal impact of this Bill.

I si William M. Nixon State Auditor

1st Clark T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to HB 291:
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, particularly by an Act approved April 16, 1979 (Ga. L. 1979, 1196), so as to provide creditable service for certain prior service as a member of a certain local retirement fund; to provide conditions 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. An Act establishing the Teachers' Retirement System, ap proved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 16, 1979 (Ga. L. 1979, 1196), is amended by adding at the end of Section 4 a new subsection (7) to read as follows:
"(7) (a) As used in this subsection the terms 'independent school system' and 'local retirement fund' shall have the same meaning as defined by subparagraphs (ii) and (iii) of paragraph (a) of subsection (8) of Section 9 of this Act.
(b) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such in dependent school system and had a vested right to benefits there-

TUESDAY, MARCH 23, 1982

3031

under shall receive creditable service under this Act equivalent to the creditable service the member had under said local retirement fund subject to the following conditions:
(i) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system shall pay to the Board of Trustees the total amount of employee contributions credited to the member under the local retire ment fund plus applicable accrued regular interest (as determined by the Board of Trustees) which would have accumulated on such con tributions. Such payment must be paid to the Board of Trustees, in a manner prescribed by the Board, by not later than January 1, 1983, or by the date of retirement, if the member retires prior to January 1, 1983.
(ii) The member shall pay to the Board of Trustees the amount of contributions which would have been paid by the teacher to the Teachers' Retirement System if the member had been a member of the Teachers' Retirement System for the period of creditable service the member had under the local retirement fund plus applicable ac crued regular interest (as determined by the Board of Trustees) which would have accumulated on such contributions, but the amount otherwise payable hereunder shall be reduced by the amount paid to the Board of Trustees under subparagraph (i) of this paragraph. Such payment must be made to the Board of Trustees, in a manner prescribed by the Board, by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this subsection shall not be granted to the member until the payment required by this subparagraph has been made to the Board of Trustees.
(iii) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system, shall pay to the Board of Trustees the amount of employer contributions for such creditable service, which would have been paid to the Teachers' Retirement System had the teacher been a member of the Teachers' Retirement System at the time the service was rendered, plus applicable accrued regular interest thereon (as determined by the Board of Trustees).
(iv) No creditable service under this subsection may be obtained for creditable service under a local retirement fund unless the member has forfeited any right to receive a retirement benefit under the local retirement fund.
(v) No creditable service under this subsection may be obtained if such creditable service would not be allowable under other provisions of this Act.
(vi) Paragraphs (i), (j), and (k) of subsection (8) of Section 9 of this Act shall apply to payments required by this subsection.''

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JOURNAL OF THE SENATE
Part 2
Section 2. Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System, is amended by adding between Code Sections 47-3-87 and 47-3-88 a new Code Section 47-3-87.1 to read as follows:
"47-3-87.1. (a) As used in this Code section the terms 'indepen dent school system' and 'local retirement fund' shall have the same meaning as defined by paragraphs (1) and (2) of subsection (a) of Code Section 47-3-66.
(b) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such in dependent school system and had vested right to benefits thereunder shall receive creditable service under this chapter equivalent to the creditable service the member had under said local retirement fund subject to the following conditions:
(1) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system shall pay to the board of trustees the total amount of employee contributions credited to the member under the local retire ment fund plus applicable accrued regular interest (as determined by the board of trustees) which would have accumulated on such con tributions. Such payment must be paid to the board of trustees, in a manner prescribed by the board, by not later than January 1, 1983, or by the date of retirement, if the member retires prior to January 1, 1983.
(2) The member shall pay to the board of trustees the amount of contributions which would have been paid by the teacher to the Teachers Retirement System if the member had been a member of the Teachers Retirement System for the period of creditable service the member had under the local retirement fund plus applicable accrued regular interest (as determined by the board of trustees) which would have accumulated on such contributions, but the amount otherwise payable hereunder shall be reduced by the amount paid to the board of trustees under paragraph (1) of this subsection. Such payment must be made to the board of trustees, in a manner prescribed by the board, by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this Code section shall not be granted to the member until the payment re quired by this paragraph has been made to the board of trustees.
(3) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system, shall pay to the board of trustees the amount of employer contributions for such creditable service, which would have been paid to the Teachers Retirement System had the teacher been a member of the Teachers Retirement System at the time the service was rendered, plus applicable accrued regular interest thereon (as determined by the board of trustees).

TUESDAY, MARCH 23, 1982

3033

(4) No creditable service under this Code section may be obtained for creditable service under a local retirement fund unless the member has forfeited any right to receive a retirement benefit under the local retirement fund.
(5| No creditable service under this Code section may be obtained if such creditable service would not be allowable under other provi sions of this chapter.
(6) Subsections (i), (j), and (k) of Code Section 47-3-66 shall apply to payments required by this Code section."
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 12, 1982

SUBJECT:

Revised Fiscal Note-House Bill 291 (Substitute) LC74884S
Teachers' Retirement System (TRS) Atlanta General Employees' Pension System (AGEPS)

This Bill would allow TRS members who were employed by an in dependent school system for at least 10 years prior to and not later than June 30, 1979 and who were members of a local retirement fund to receive creditable service equivalent to the creditable service obtained

3034

JOURNAL OF THE SENATE

under the local fund. For members to obtain such service, the local retirement fund would be required to pay the amount of employee con tributions credited to the member under the local fund plus accrued in terest and the amount of employer contributions which would have been paid had the person been a member of TRS plus applicable accrued in terest. The member would be required to pay the amount of employee contributions which would have been paid had the person been a
member of TRS plus applicable accrued interest reduced by the amount of employee contributions and interest paid by the local fund.

The administrators of the Atlanta General Employees' Pension
System have identified 13 persons who could benefit from this Bill. Four of these persons are currently active TRS members and could qualify for this provision upon its enactment, while the remaining nine persons could not qualify until they became active TRS members. For the four persons who could currently qualify, Atlanta fund administrators have indicated that the immediate cost would be approximately $160,000 in employee and employer contributions plus interest that would be transferred to TRS. This cost would be reduced by the cost of normal benefits that would have been payable by Atlanta to these transferees of $264,258 (which has a current present value of $158,122|, resulting in a net cost to Atlanta of $1,878. Based on the years of service and average age of the four members who currently qualify for this credit and assum ing retirement at age 62, the total unfunded liability to TRS created at retirement for these four persons would be $131,942 (which has a cur rent present value of $94,589). The cost of this Bill would increase if any of the other nine eligible persons became active TRS members and pur chased creditable service. Data to compute this additional potential cost is not currently available. The costs noted above would be reduced if any of the four persons identified failed to claim any or all of their creditable service with TRS.

/si W. M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bond Bowen

Brannon Brantley Broun of 46th Brown of 47th Bryant

Cobb Coleman Coverdell Deal Eldridge

TUESDAY, MARCH 23, 1982

3035

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 Starr

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

Those not voting were Senators:

Barker Bell

Dean (excused conferee) Holloway (presiding)

Scott

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

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

HB 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.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th

Bryant Cobb Coleman Deal Eldridge English Engram Fincher of 52nd

Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins

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JOURNAL OF THE SENATE

Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds

Robinson Starr Stephens Stumbaugh Summers Sutton Tate

Those not voting were Senators:

Barker Bell Bond Coverdell

Dean (excused conferee) Evans Hill Holloway (presiding)

Thompson Timmons Turner Tysinger Walker Wessels
Hudson Land Scott Trulock

On the passage of the bill, the yeas were 44, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 552 was as follows:
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.

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3037

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 jb) 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; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls for the pur poses of this Section shall be determined according to the United States Decennial Census of 1970. 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- 99,999 100,000-199,999 200,000-299,999 300,000-up

Minimum Salary $10,935 $13,660 $15,400 $16,400 $17,765 $19,810 $23,230 $26,640 $28,600 $35,000.

(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 population of the county for the purpose of subsection jb) 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.

(d) This Act shall not apply to any county that has a uniform salary schedule for elected county officials that is based on a percentage of
ttyhe."salary of the Senior Judge of the Superior Court serving said coun-

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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) (1) Any other law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner 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; pro vided, however, that, in the event the population of a county accord ing to the United States decennial census of 1980 or any future such census is less than its population according to the United States decen nial census of 1970, the population bracket under which the county falls for the purposes of this Code section shall be determined accord ing to the United States decennial census of 1970. Except as otherwise provided in paragraph (2) of this subsection, 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 follow ing 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-up

Minimum Salary $10,935.00 13,660.00 15,400.00 16,400.00 17,765.00 19,810.00 23,230.00 26,640.00 28,600.00 35,000.00

(2) 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. Effective

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3039

July 1, 1983, each such officer 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 $12,025.00 15,025.00 16,940.00 18,040.00 19,540.00 21,790.00 25,555.00 29,305.00 31,460.00 38,500.00

(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 census, resides on property of the United States govern ment which is exempt from taxation by this state, the population of the county for the purpose of subsection (b) of this Code section shall be deemed to be the total population of the county minus the popula tion of such county which resides on property of the United States government.

(d) This Code section shall not apply to any county that has a uniform salary schedule for elected county officials that is based on a percentage of the salary of the Senior Judge of the Superior Court serving said county."

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.

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Senator Littlefield of the 6th moved that the Senate agree to the House substitute to SB 552 as amended by the following amendment:

Amend the House substitute to SB 552 by striking lines 29 through 34 on Page 2 in their entirety and substituting in lieu thereof the following:
"StatesGovernment.' "
By striking lines 8 through 13 on Page 5 in their entirety and substituting in lieu thereof the following:
"the United States government.' "

On the motion, 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 Goleman Deal Eldridge English Engram

Evans Fincher of 52nd Foster Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Lester Littlefield McGill

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

Those not voting were Senators:

Ballard Bell Bowen Cobb Coverdell

Dean (excused conferee) Fincher of 54th Garner Holloway (presiding) Hudson

Land Scott Stephens Tate

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 552 as amended by the Senate.

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3041

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

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.
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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Eldridge English

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

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

Those not voting were Senators:

Bell Coverdell Deal Dean (excused conferee) Garner

Holloway (presiding) Hudson Land Littlefield

McKenzie Robinson Scott Tate

On the passage of the bill, the yeas were 43, nays 0.

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

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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.

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 Coleman Deal

Eldridge English Engram Fincher of 52nd Fincherof 54th Foster Gillis Hill Horton Howard Hudgins Kennedy Kidd Lester

Those not voting were Senators:

Bell Coverdell Dean (excused conferee) Evans Garner

Greene Holloway (presiding) Hudson Land Robinson

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

On the adoption of the resolution, the yeas were 41, nays 0.

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

SR 344. By Senator Hudgins of the 15th:
A resolution creating the Senate Study Committee on Suspension and Discipline in Schools.

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3043

Senator Holloway of the 12th offered the following amendment:

Amend SR 344 by striking on Page 2, from lines 12 and 13, the words "in or outside the state" in their entirety.

On the adoption of the amendment, the yeas were 30, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

Littlefield McGill McKenzie Reynolds Robinson Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Walker Wessels

Those not voting were Senators:

Bell

Greene

Broun of 46th

Holloway (presiding)

Coverdell

Land

Dean (excused conferee) Scott

Starr Tate Tysinger

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

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

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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.
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 Bond Bowen Brannon Brantley 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

Those not voting were Senators:

Bell

Hudson

Broun of 46th

Land

Dean (excused conferee) McKenzie

Holloway (presiding) Scott

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

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 23, 1982

3045

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.
Senate Sponsor: Senator Howard of the 42nd.

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

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

Those voting in the affirmative were Senators:

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

English Engrain Fincher of 52nd Fincher of 54th Foster Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

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

Those not voting were Senators:

Bell

Garner

Cobb

Greene

Dean (excused conferee) Holloway (presiding)

Evans

McKenzie

Scott Summers Tate

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

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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.
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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge

English Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Hudgins Kennedy Kidd Land Lester Littlefield

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

Those not voting were Senators:

Bell Bond Dean (excused conferee) Engram Evans

Greene Holloway (presiding) Howard Hudson

McKenzie Scott Stephens Tate

On the passage of the bill, the yeas were 43, nays 0.

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

TUESDAY, MARCH 23, 1982

3047

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.
Senate Sponsor: Senator Lester of the 23rd.

The Senate Committee on Special Judiciary offered the following amendment:

Amend HB 1327 by striking from lines 7 through 9 of Page 2 the following:
"require the costs to be paid or may deny the relief sought if it finds that the deposit, fee, or other cost can be paid.' ",
and inserting in lieu thereof the following:
"order the costs to be paid if it finds that the deposit, fee, or other cost can be paid and, if the costs are not paid within the time permit ted in such order, may deny the relief sought.' ''

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 1327 by inserting on Page 2 between lines 9 and 10 the following:
"(c) The adjudication of the issue of indigence shall not affect a decision on the merits of the pending action.''

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 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 Broun of 46th

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Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English Engram Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

Those not voting were Senators:

Bell

Hudgins

Dean (excused conferee) Hudson

Garner

Robinson

Holloway (presiding) Scott

Starr Stephens 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 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 to the House substitute, 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 Senate:

SB 653. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act placing the clerk of the superior court and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), 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 Speaker has appointed on the part of the House the following members thereof: Representatives Auten of the 154th, Tuten of the 153rd and Lord of the 105th.

TUESDAY, MARCH 23, 1982

3049

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 approved March 17, 1960 (Ga. L. 1960, p. 2806), so as to change the provisions relating to the compensation 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 ef fective date.

The Speaker has appointed on the part of the House the following members thereof: Representatives Auten of the 154th, Tuten of the 153rd and Lord of the 105th.

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

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.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1429 by adding between lines 30 and 31 of Page 22 the following:
"Section 7.1. Said title is further amended by adding a new subsection (c) to Code Section 15-6-86, relating to the location of places for the storage of records to read as follows:
'(c) (1) This subsection shall apply to any county in this state hav ing a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
(2) Notwithstanding subsections (a) and (b) of this Code section, in the event space at the courthouse or other place where the office of the clerk of the superior court is located is inadequate to insure the safe storage of records, said clerk, after obtaining written permission from the governing authority of the county and of the superior court judge of the circuit in which the county is located or the senior judge in those circuits having more than one judge, may cause said records to be stored at some other place in the county not more than 25 miles from the courthouse. The clerk shall give public notice of the place of such storage by posting notice at the courthouse.' "

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By striking from line 29 of Page 72 the following: "(5)",
and inserting in lieu thereof the following: "(4)".
By striking from line 28 of Page 73 the following:
"subsections (a) through (d)",
and inserting in lieu thereof the following:
"paragraphs (1) through (4) of subsection (a)".
By striking from line 29 of Page 75 the following:
"paragraph (5) of subsection (a|",
and inserting in lieu thereof the following:
"subsection (b)".
By inserting on line 15 of Page 78 between the words "the" and "principal" the following:
'' commission as the".
By striking from line 15 of Page 80 the following:
"P.L. 90-1967",
and inserting in lieu thereof the following:
"P.L. 90-174(1967)".
By adding at the end of Section 54 between lines 14 and 15 of Page 112 the following:
"(107) An Act providing for the appointment, duties, and compen sation of staff for the office of the solicitor-general in all counties hav ing a population of not less than 135,000 nor more than 140,000 ac cording to the United States decennial census of 1960 or any future such census, approved April 12, 1963 (Ga. L. 1963, p. 3547), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2607), an Act approved April 18, 1967 (Ga. L. 1967, p. 3218), an Act approved April 28, 1969 (Ga. L. 1969, p. 3950), an Act approved April 5, 1971 (Ga. L. 1971, p. 2962), an Act approved March 21, 1974 (Ga. L. 1974, p. 2640), and an Act approved March 30, 1977 (Ga. L. 1977, p. 4255).

TUESDAY, MARCH 23, 1982

3051

(108) An Act providing for the creation of the office of judge emeritus of the court of ordinary in all counties having a population of not less than 150,000 nor more than 167,000 according to the United States decennial census of 1970 or any future such census, approved April 5, 1971 (Ga. L. 1971, p. 2940).
(109) An Act providing for the creation of the office of judge emeritus of the state court in all counties having a population of not less than 150,000 nor more than 165,000 according to the United States decennial census of 1970 or any future such census, approved April 3, 1972 (Ga. L. 1972, p. 3371), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 2733)."

On the adoption of the amendment, the yeas were 34, nays 1, and the amend ment was adopted.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 1429 by inserting between the words "out" and "proper ty" on line 11 of Page 49 the following:
"and grant easements over".

On the adoption of the amendment, the yeas were 37, nays 1, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge

English Engram
Fincher of 52nd Foster Garner Gillis Greene Hill
Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

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

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Those not voting were Senators:

Bell

Fincher of 54th

Dean (excused conferee) Holloway (presiding)

Evans

Hudgins

Robinson Scott

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

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

HB 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 Vz inches square except in and around the water.
Senate Sponsor: Senator Walker of the 19th.

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

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

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

Bell

Holloway (presiding)

Dean (excused conferee) Horton

Evans

Land

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

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3053

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

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

The following local bill of the Senate was taken up for the purpose of consider ing the House substitute thereto:

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 House substitute to SB 652 was as follows:

A BILL
To be entitled an Act to amend an Act placing the Tax Commissioner of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3203), 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the Tax Commissioner of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3203), 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. Beginning July 1, 1982, the tax commissioner shall receive an annual base salary of $27,563.00 payable in equal monthly installments from the funds of Glynn County; provided, however, under no circumstances shall the annual base salary of said tax com missioner be less than the annual base salary of the sheriff of Glynn County. The tax commissioner's salary shall be increased by 5 percent per each four-year term of office served by said tax commissioner, figured at the end of each such period of service. Such increase shall not have a retroactive effect, except that the current term of the tax commissioner presently in office shall be counted for determining the appropriate salary under this section."
Section 2. Said Act is further amended by striking Section 5 in its en tirety and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. The tax commissioner shall have the authority to ap point such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge the official duties of his office efficiently

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and effectively. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the tax commissioner, during his term of of fice, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion."
Section 3. This Act shall become effective July 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Littlefield of the 6th moved that the Senate agree to the House substitute to SB 652.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 652.

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

SR 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.

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 Brannon Brantley Broun of 46th Brown of 47th

Bryant Cobb Coleman Coverdell Deal Eldridge English Engram Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Howard Hudson Kennedy Kidd

Land Lester McGill McKenzie Reynolds Robinson

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3055

Starr Stephens Summers Sutton Tate Thompson

Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Bell

Holloway (presiding)

Dean (excused conferee) Horton

Evans

Hudgins

Garner

Littlefield (excused conferee) Scott Stumbaugh

On the adoption of the resolution, the yeas were 45, nays 1.

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

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.
Senate Sponsor: Senator McKenzie of the 14th.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English Engram

Fincher of 52nd Foster Gillis Greene Hill Howard Hudson Kennedy Kidd

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Land Lester McGill McKenzie Reynolds Robinson Starr

Stephens Stumbaugh Summers Sutton Tate Thompson

Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell

Garner

Dean (excused conferee) Holloway (presiding)

Evans

Horton

Fincher of 54th

Hudgins Littlefield (excused conferee) Scott

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

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

HB 1380. By Representatives Adams of the 36th, Hamilton of the 31st, Greer of the 43rd and others:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to revise commissioner districts for the election of certain members of the board of commissioners.

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

HR 165. By Representatives Felton of the 22nd, Colbert of the 23rd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of neighborhood subunits of government within the unincorporated areas of Fulton County and for any matters reasonably necessary for the crea tion and operation of any such subunit of government.

HR 733. By Representative Elliott of the 49th: A resolution compensating Mr. Jon Bales.

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3057

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

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.
Senate Sponsor: Senator Lester of the 23rd.

The Senate Committee on Banking, Finance and Insurance offered the follow ing amendment:

Amend HB 1513 by adding between the word "insurer" and the word ' 'authorized'' on line 3 of Page 1 the following:
"other than an insurer''.

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 Brown of 47th Bryant Cobb Coleman Coverdell Deal

Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Hill Howard Kennedy Kidd Land Lester McGill

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

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Those voting in the negative were Senators:

Ballard Barnes

Engram

Hudson

Those not voting were Senators:

Dean (excused conferee) Horton

McKenzie

Garner

Hudgins

Robinson

Greene

Littlefield (excused conferee) Timmons

Holloway (presiding)

On the passage of the bill, the yeas were 42, nays 4.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill and resolution of the House were read the first time and referred to committee:
HB 1380. By Representatives Adams of the 36th, Hamilton of the 31st, Greer of the 43rd and others:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to revise commissioner districts for the election of certain members of the board of commissioners. Referred to Committee on County and Urban Affairs.

HR 165. By Representatives Felton of the 22nd, Colbert of the 23rd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of neighborhood subunits of government within the unincorporated areas of Fulton County and for any matters reasonably necessary for the crea tion and operation of any such subunit of government.
Referred to Committee on County and Urban Affairs.

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

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.
Senate Sponsors: Senators Bell of the 5th and Greene of the 26th.

TUESDAY, MARCH 23, 1982 Senator Tysinger of the 41st offered the following amendment:

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Amend HB 1730 by striking from line 1 through line 4 of Page 1 the following:
"Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to the issuance of summons, service, time for answer, and defenses and counterclaims, so as'',
and inserting in lieu thereof the following:
"Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlords and tenants, so as to change the justices of the peace before which certain dispossessory affidavits may be made;".
By adding between line 11 and 12 of Page 1 the following:
"Section 1. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlords and tenants, is amended by striking Code Section 44-7-50 in its entirety and inserting in lieu thereof a new Code Section 44-7-50 to read as follows:
'44-7-50. In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to him or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, by himself, his agent, his attorney in fact, or his attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner, his agent, his at torney at law, or his attorney in fact may go before the judge of the superior court, the judge of the state court, any other court with jurisdiction over the subject matter, or a justice of the peace in the district where the land lies and make an affidavit under oath to the facts.' "
By striking from line 12 through line 16 of Page 1 the following:
"Section 1. Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to the issuance of summons, service, time for answer, and defenses and counterclaims, is amended by striking subsection (a) of said Code section",
and inserting in lieu thereof the following:
"Section 2. Said chapter is further amended by striking subsection (a) of Code Section 44-7-51".
By striking from line 12 of Page 2 the following:
"Section 2",

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and inserting in lieu thereof the following: "Sections".
By striking from line 14 of Page 2 the following: "Sections",
and inserting in lieu thereof the following: "Section 4".

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 Bowen Brannon Brown of 47th Bryant Cobb Cole man Deal Dean Eldridge English Fincher of 54th

Foster Garner Gillis Greene Hill Howard Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds

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

Those not voting were Senators:

Bell Bond Brantley Broun of 46th Coverdell

Engram Evans Fincher of 52nd Holloway (presiding)

Horton Hudgins Hudson Stephens

On the passage of the bill, the yeas were 43, nays 0.

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

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.
Senate Sponsor: Senator Scott of the 43rd.

The Senate Committee on Banking, Finance and Insurance offered the follow ing amendment:

Amend HB 1351 by striking the word "April" on line 23 of Page 1 and inserting in lieu thereof the word "March".
By striking lines 28, 29, 30, and 31 on Page 2 in their entirety and in serting in lieu thereof the following:
"year/ "

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 Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Deal Dean Eldridge English Fincher of 52nd

Foster Garner Gillis Greene Hill Horton Howard Kennedy Kidd Land Lester Littlefield McGill

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

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Those not voting were Senators:

Ballard Bell Bond Brantley Bryant Coverdell

Engram Evans Fincher of 54th Holloway (presiding) Hudgins

Hudson Starr Stephens Tate Tysinger

On the passage of the bill, the yeas were 40, nays 0.

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

The President resumed the Chair.

The following local bill of the Senate was taken up for the purpose of consider ing the House substitute thereto:

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 House substitute to SB 471 was as follows:
A BILL
To be entitled an Act to amend Code Section 5A-507, prohibiting the sale of alcoholic beverages on Sundays and election days, as amended, so as to change certain population brackets; to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, prohibiting the sale of alcoholic beverages on Sundays and election days, so as to change certain popula tion brackets and a census reference; to provide that the governing authority of certain counties may authorize the sale of alcoholic beverages during certain hours on Sundays; to provide that in certain counties alcoholic beverages may be sold during certain hours on Sun days in certain establishments; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 23, 1982

3063

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 5A-507, prohibiting sales of alcoholic beverages on Sundays and election days, as amended, is amended by striking in its entirety the first clause of subsection (e), which reads as follows:
"(e) In all counties having a population of not less than 200,000 or more than 550,000, according to the census, in which the sale of alcoholic beverages is lawful:",
and inserting in its place the following:
"(e) In all counties having a population of not less than 350,000 or more than 550,000, according to the census, in which the sale of alcoholic beverages is lawful:".
Part 2
Section 2. Code Section 3-3-7 of the Official Code of Georgia An notated, prohibiting sales of alcoholic beverages on Sundays and election days, is amended by striking in its entirety the first clause of subsection (d), which reads as follows:
"(d) In all counties having a population of not less than 200,000 nor more than 550,000, according to the United States decennial cen sus, of 1970 or any future such census in which the sale of alcoholic beverages is lawful:",
and inserting in its place the following:
"(d) In all counties having a population of not less than 350,000 nor more than 550,000 according to the United States decennial cen sus of 1980 or any future such census, in which the sale of alcoholic beverages is lawful:".
Section 3. Said Code section is further amended by adding at the end of Code Section 3-3-7 a new subsection (i) to read as follows:
"(i) In all counties having a population of not less than 295,000 nor more than 300,000 according to the United States decennial cen sus of 1980 or any future such census in which the sale of alcoholic beverages is lawful:
(1) The governing authority of the county may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and the three hours immediately following such time; and
(2) Alcoholic beverages may be sold and served for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared

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meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging."
Part3
Section 4. Prior to November 1, 1983, the election superintendent in all counties having a population of not less than 295,000 nor more than 300,000 according to the United States decennial census of 1980 or any future such census shall issue the call for an election for the purpose of submitting Section 3 of this Act to the electors of such counties for ap proval or rejection. The superintendent shall set the date of such election for a day not less than 30 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of such counties. The ballot shall have writ ten or printed thereon the words:
"[ ] YES Shall Section 3 of the Act amending the laws relating to alcoholic beverages and providing that in counties having
[ ] NO a population of not less than 295,000 nor more than 300,000 according to the United States decennial census of 1980 or any future such census the governing authority may authorize the sale of alcoholic beverages during cer tain hours on Sundays and providing that in certain coun ties alcoholic beverages may be sold during certain hours on Sundays in certain establishments 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 ap proval of Section 3 of the Act, it shall become of full force and effect; otherwise Section 3 of the Act shall be null and void and of no force and effect.
The expense of such election shall be borne by such counties. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 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) Except as provided in Section 4, part 2 of this Act shall become ef fective on November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, MARCH 23, 1982

3065

Senator Thompson of the 32nd moved that the Senate agree to the House substitute to SB 471.

On the motion, the yeas were 31, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 471.

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

Mr. President:

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

SB 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.

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.

The House has passed, by substitute, by the requisite constitutional majority the following bill 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 provide an effective date.

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

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.

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

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 1965," approved March 30, 1965 (Ga. L. 1965, p. 385), so as to provide for the establishment of a pilot and state-wide community work ex perience programs 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.

The President announced that the Senate would stand in recess from 5:28 o'clock P.M. until 6:00 o'clock P.M.

At 6:50 o'clock P.M., the President called the Senate to order.

The following resolution of the House was taken up for the purpose of con sidering the Conference Committee Report thereon:

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.

TUESDAY, MARCH 23, 1982

3067

The Conference Committee Report on HR 510 was as follows:

The Conference Committee on HR 510 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Con ference Committee Substitute to HR 510 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ Al Holloway Senator, 12th District
/s/ Hugh M. Gillis, Sr. Senator, 20th District

FOR THE HOUSE OF REPRESENTATIVES:
Isi Jack Connell Representative, 87th District
/s/ A. L. Burruss Representative, 21st District
/s/ William]. Lee Representative, 72nd District

Conference Committee Substitute to HR 510:
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 regarding the pardon or parole of persons convicted of armed robbery and delete cer tain 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 in carcerated a second or subsequent time for an offense punishable by life imprisonment and to persons who have received consecutive life sentences for certain acts; to change the provisions relating to the County Court of Baldwin County and the County Court of Putnam County; to provide for certain editorial changes; 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

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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 penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction.
(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.
jc) Notwithstanding the provisions of subparagraph (b) of this Paragraph, 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 executive 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."
Section 2. Said resolution is further amended by striking in its en tirety from Section 1 thereof Paragraph V of Section I of Article VI and in serting in its place a new Paragraph V to read as follows:
"Paragraph V. Uniformity of jurisdiction, powers, Except as otherwise provided in this Constitution, the courts of each class shall have uniform jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges. The pro visions of this Paragraph shall be effected by law within 24 months of the effective date of this Constitution."

TUESDAY, MARCH 23, 1982

3069

Section 3. Said resolution is further amended by striking in its en tirety from Section 1 thereof Paragraph VII of Section VII of Article VI and inserting in its place a new Paragraph VII to read as follows:
"Paragraph VII. Discipline, removal, and involuntary retirement of judges. Any judge may be removed, suspended, or otherwise disciplined for willful misconduct in office, or for willful and persis tent failure to perform the duties of office, or for habitual in temperance, or for conviction of a crime involving moral turpitude, or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Any judge may be retired for disability which constitutes a serious and likely permanent in terference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation."
Section 4. Said resolution is further amended by striking from Sec tion 1 thereof subparagraph (6) of Paragraph I of Section X of Article VI, 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 Constitution 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."
Section 5. Said resolution is further amended by striking in its en tirety from Section 1 thereof Paragraph IV of Section V of Article VIII and inserting in its place a new Paragraph IV to read as follows:
"Paragraph IV. Changes in school boards and superintendent, (a) The composition of school boards, the term of office, and the methods of selecting board members and school superintendent, including whether elections shall be partisan or nonpartisan, shall be as provid ed by law applicable thereto on June 30, 1983, but may be changed thereafter only by local law, conditioned upon approval by a majority of the qualified voters voting thereon in the system affected. It shall not be necessary for a local law which reapportions election districts from which members of a local board of education are elected to be conditioned on the approval of the voters as herein required.
(b) School systems which are authorized on June 30, 1983, to make the changes listed in subparagraph (a) of this Paragraph by local law without a referendum may continue to do so."

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Section 6. Said resolution is further amended by striking in its en tirety from Section 1 thereof Paragraph II of Section V of Article IX and inserting in its place a new Paragraph II to read as follows:
"Paragraph II. Special district debt. Any county, municipality, or political subdivision of this state may incur debt on behalf of any special district created pursuant to Paragraph VI of Section II of this article. Such debt may be incurred on behalf of such special district where the county, municipality, or other political subdivison shall have, at or before the time of incurring such debt, provided for the assessment and collection of an annual tax within the special district sufficient in amount to pay the principal of and interest on such debt within 30 years from the incurrence thereof; and no such county, municipality, or other political subdivision shall incur any debt on behalf of such special district without the assent of a majority of the qualified voters of such special district voting in an election held for that purpose as provided by law. No such county, municipality, or other political subdivision shall incur any debt on behalf of such special district in an amount which, when taken together with all other debt outstanding incurred by such county, municipality, or political subdivision and on behalf of any such special district, ex ceeds 10 percent of the assessed value of all taxable property within such county, municipality, or political subdivision. The proceeds of the tax collected as provided herein shall be placed in a sinking fund to be held on behalf of such special district and used exclusively to pay off the principal of and interest on such debt thereafter maturing. Such moneys shall be held and kept separate and apart from all other revenues collected and may be invested and reinvested as provided bylaw."
Section 7. Said resolution is further amended by striking in its en tirety from Section 1 thereof subparagraph (d) of Paragraph IV of Section I of Article XI and inserting in its place a new subparagraph (d) to read as follows:
"(d) Notwithstanding the provisions of subparagraphs (a) and (b), the following amendments to the Constitutions of 1877 and 1945 shall be continued in force as a part of this Constitution: amendments to the Constitution of 1877 and the Constitution of 1945 which created or authorized the creation of metropolitan rapid transit authorities, port authorities, and industrial areas and which were continued in force as a part of the Constitution of 1976 pursuant to the provisions of Article XIII, Section I, Paragrpah II of the Constitution of 1976 and which are in force on the effective date of this Constitution."

Senator Barnes of the 33rd moved that the Senate adopt the Conference Com mittee Report on HR 510.

TUESDAY, MARCH 23, 1982

3071

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Brannon Brantley Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans

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

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

Voting in the negative were Senators Bond and Tate.

Those not voting were Senators:

Allgood Ballard Bowen Broun of 46th

Bryant Fincher of 54th Holloway Hudgins

Hudson Land Timmons

On the motion, the yeas were 43, nays 2; the motion prevailed, and the Senate adopted the Conference Committee Report on HR 510.
The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:
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.

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The House amendments were as follows:

Amendment No. 1:

Amend SB 601 by striking from the title on line 8 of Page 1 the following:
"to provide for funds;''.
By striking the last sentence of subsection (a) of Code Section 50-21 -3, beginning on line 29 of Page 2, which reads as follows:
"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 ap pointed by the Governor, three of whom shall be elected city officials and three of whom shall be elected county officials.",
and inserting in lieu thereof a new sentence to read as follows:
"The commission shall be composed of 15 members as follows: three members of the Senate appointed by the President of the Senate; three members of the House of Representatives appointed by the Speaker of the House of Representatives; and nine members ap pointed by the Governor, two of whom shall be elected city officials and two of whom shall be elected county officials.''
By striking in its entirety subsection (b) of Code Section 50-21-4, beginning on line 1 of Page 5, which reads as follows:
"(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.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The commission is authorized to contract with the state or its political subdivisions, the federal government, or any other entity, public or private, for its stated purpose.''
By striking in its entirety Code Section 50-21-8, beginning on line 4 of Page 6, which reads as follows:
"50-21-8. In addition to state and federal funds appropriated to the commission, political subdivisions of the state are authorized to appropriate funds to the commission to share in the cost of opera tions."

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Amendment No. 2:

Amend SB 601 by adding in the title on line 8 of Page 1, immediately preceding the words "to provide", the following:
"to provide a termination date;".
By adding between lines 7 and 8 on Page 6 the following:
"50-21-9. The provisions of this chapter and the Georgia Commis sion on State Growth Policy shall be continued until December 31, 1984, at which time the commission and this chapter shall be ter minated and stand repealed in their entirety."
By striking from Section 2 on line 9 of Page 6 the following:
"November 1, 1982.",
and inserting in lieu thereof the following:
"January 1, 1983."

Amendment No. 3:

Amend SB 601 on Page 3, line 6, by changing "four years" to "two years"
and by striking the following from lines 6--10: "provided, however ....................... four-year term."

Senator Dean of the 31st moved that the Senate agree to the House amend ments to SB 601.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Foster Garner Gillis Greene Hill Horton

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Howard Kennedy Kidd Lester Littlefield
McGill Reynolds

Robinson Scott Starr Stephens Stumbaugh
Summers Sutton

Those not voting were Senators:

Ballard Bowen Brannon Bryant

Fincher of 54th Holloway Hudgins Hudson

Tate Thompson Trulock Turner Tysinger Walker Wessels
Land McKenzie Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 601.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 579 was as follows:
A BILL
To be entitled an Act 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 discharge and ex oneration to those so confined; to change the provisions relating to release of records of discharge; to provide for the release of records of discharge to law enforcement agencies for investigative purposes; to pro vide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 23, 1982

3075

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offenders, is amended by striking Code Section 42-8-60 in its entirety and inserting in lieu thereof a new Code Section 42-8-60 to read as follows:
"42-8-60. (a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant:
(1) Defer further proceeding and place the defendant on probation as provided by law; or
(2) Sentence the defendant to a term of confinement as provided by law.
(b) Upon violation by the defendant of the terms of probation or upon a conviction for another crime, the court may enter an adjudica tion of guilt and proceed as otherwise provided by law. No person may avail himself of this article on more than one occasion.''
Section 2. Said article is further amended by striking Code Section 42-8-61 in its entirety and substituting in lieu thereof a new Code Section 42-8-61 to read as follows:
"42-8-61. The defendant shall be informed of the terms of this ar ticle at the time of imposition of sentence."
Section 3. Said article is further amended by striking Code Section 42-8-62 in its entirety and substituting in lieu thereof a new Code Section 42-8-62 to read as follows:
"42-8-62. Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. The discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. Should a person be placed under proba tion or in confinement under this article, a record of the same shall be forwarded to the Georgia Crime Information Center. Without request of the defendant a record of discharge and exoneration, as provided in this Code section, shall in every case be forwarded to the Georgia Crime Information Center. In every case in which the record of proba tion or confinement shall have been previously forwarded to the Department of Offender Rehabilitation, to the Georgia Crime Infor mation Center, and to the Identification Division of the Federal Bureau of Investigation and a record of a subsequent discharge and exoneration of the defendant has not been forwarded as provided in this Code section, upon request of the defendant or his attorney or representative the record of the same shall be forwarded by the clerk of court so as to reflect the discharge and exoneration."

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Section 4. Said article is further amended by striking Code Section 42-8-65 in its entirety and inserting in lieu thereof a new Code Section 42-8-65 to read as follows:
"42-8-65. (a) If otherwise allowable by law in any subsequent prosecution of the defendant for any other offense, a prior finding of guilt may be pleaded and proven as if an adjudication of guilt had been entered and relief had not been granted pursuant to this article. Except as provided in subsection (b), the record of discharge shall be released solely to the Attorney General, a district attorney, a solicitor of a state court, the Department of Offender Rehabilitation, the office of a county probation system or of a state or county probation system of another state or of the United States, an office of the State Board of Pardons and Paroles, an office of the pardons and paroles division of another state or of the United States, or a prosecuting attorney of another state or of the United States, upon certification by such proba tion system or prosecuting attorney that there are pending in a court of competent jurisdiction criminal charges against any person discharged under this article.
(b) Upon certification by the chief executive officer of any law en forcement agency of a pending criminal investigation and the need for the record of discharge of a named person to be released, the record of discharge of such person may be released to such law enforcement agency. For the purposes of this subsection, the term 'law enforce ment agency' means a governmental unit of one or more persons employed full time or part time by the state, a state agency or depart ment, or a political subdivision of the state for the purpose of prevent ing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority."
Section 5. 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 Deal of the 49th moved that the Senate agree to the House substitute to SB 579.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Brannon Brantley Broun of 46th

Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Foster Gillis Greene Hill Holloway Horton

Howard Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds

TUESDAY, MARCH 23, 1982

Robinson Scott Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Trulock Turner Tysinger Walker Wessels

3077

Those not voting were Senators:

Ballard Bowen Brown of 47th Bryant

Fincher of 54th Garner Hudgins

Hudson Land Timmons

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 579.
Senator Sutton of the 9th gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in adopting the following resolution of the House:
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.
The President stated that, as provided for in Senate Rule 99, he would set the time to entertain the motion to reconsider for 7:30 o'clock P.M. today.
The following bill of the House was taken up for the purpose of considering the Conference Committee Report 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.

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The Conference Committee Report on HB 55 was as follows:

The Conference Committee on HB 55 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 55 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Robert H. Bell Senator, 5th District

I si John W. Greer Representative, 43rd District

Is/ Nathan Dean Senator, 31st District

G. D. Adams Representative, 36th District

Thomas R. Scott Senator, 43rd District

Isl Cas M. Robinson Representative, 58th District

Conference Committee substitute to HB 55:
A BILL
To be entitled an Act to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3264), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2082), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2092), an Act approved March 17, 1973 (Ga. Laws 1973, p. 141), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2608), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2617), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2627), an Act approved February 20, 1976 (Ga. Laws 1976, p. 217), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3092), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3098), an Act approved March 24, 1976 (Ga. Laws 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 approved April 16, 1979 (Ga. Laws 1979, p. 4634), an Act approv ed 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. L. 1981, p. 4289), is hereby amended 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

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3079

United States, and political subdivisions thereof, without the necessity of public advertising or competitive bidding; to permit the Authority to negotiate an acquisition, 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 be tween the Authority and an authorized 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; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as ' The 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. 2085), 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 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."

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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 3. 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 its place the following:
"(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.
(2| The Authority may 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 or interpretation of the terms and conditions of an ex isting 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 represen tative. No award in arbitration and no labor agreement entered into by the Authority may dilute, diminish, or impair the inherent manage ment rights of the Authority, which shall include, by way of illustra tion and not by way of limitation, the following:
(A) The right to direct, appoint, employ, assign, respecting rights of seniority, and promote officers, agents, and employees and to determine the standards therefor;
(B| The right to discharge and terminate employees for just cause;
(C) The right to plan and determine the levels of service to be pro vided by the Authority;

TUESDAY, MARCH 23, 1982

3081

(D) The right, respecting rights of seniority, to assign work and the right to establish the standards of productivity of employees;
(E) The right to determine whether goods or services, other than the operating of buses or rail vehicles, should be contracted for, leased, purchased, or otherwise acquired on either a permanent or temporary basis, provided that no employees of the Authority are laid off as a result of this subparagraph (E);
(F) The right to hire part-time employees without payment of fringe benefits afforded to full-time employees; and
(G) The right, respecting rights of seniority, to establish the number of regular hours that may be worked by an employee in any one week, not to exceed 40 regular hours, and to establish the number of overtime hours that may be worked by an employee in any one week, not to exceed ten overtime hours.
(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 must meet the standards established by the American Arbitration Association.
(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:
(A) 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;
(B) The amount, if any, of any fare increase which would be necessary to afford a wage or salary increase (or improvement hi 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 in the service area;
(C) 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 who perform work requiring similar skills in other major ground transportation services;
(D) A comparison of the hours and working conditions of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work re quiring similar skills in other major ground transportation services;
(E) The cost of consumer goods and services within the metropolitan area;

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(F) Any stipulation entered into between 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 15 day period following the issuance of said report has expired to give the Authority and said authorized representative an opportunity to continue collective bargaining in good faith during said 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 jb).
(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 or curtailment of work by any employee of the Authority. The Authority shall not increase, decrease, or otherwise change the wages (including accrued cost-of-living allowances) or fringe benefits of employees as of the last day of an expired contract pending the establishment of new wages and fringe benefits by negotiation or arbitration."
Section 4. In the event any section, subsection, sentence, clause or phrase of this Act is declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsec tions, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or un constitutional.
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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3083

Senator Scott of the 43rd moved that the Senate reject the Conference Commit tee Report on HB 55.

Senator Bell of the 5th moved that the Senate adopt the Conference Committee Report on HB 55.

The President ruled that the motion offered by Senator Bell of the 5th takes precedence.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Brannon Brantley Broun of 46th Brown of 47th Cobb Coverdell Deal Eldridge English Engram

Evans Fincher of 52nd Foster Garner Gillis Greene Holloway Howard Kennedy Lester McGill

Reynolds Robinson Stumbaugh Summers Sutton Thompson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Barker Barnes Bond Coleman

Horton Kidd Littlefield McKenzie Scott

Those not voting were Senators:

Ballard Bowen Bryant Dean

Fincher of 54th Hill Hudgins

Starr Stephens Tate Wessels
Hudson Land Timmons

On the motion, the yeas were 32, nays 14; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 55.

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

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 House amendment was as follows:

Amend SB 522 by striking the words "attendance in any other court" on lines 19 and 20, Page 1, lines 13 and 14, Page 2, and line 32, Page 2 and line 1, Page 3, and substituting in lieu thereof in all three places the following words:
"the actual trial of a case in any other court of record including State or Federal Courts.''

Senator Barnes of 33rd moved that the Senate agree to the House amendment to SB 522 as amended by the following amendment:

Amend the House amendment to SB 522 by adding after "case" and before "in" the following:
"or answering a trial calendar".

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

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Those not voting were Senators:

Ballard Bowen Brannon Brantley Brown of 47th

Bryant Fincher of 54th Gillis Hudgins

Hudson Land Starr Timmons

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 522 as amended by the Senate.
Time having arrived for the entertainment of the reconsideration motion, Senator Sutton of the 9th moved that the Senate reconsider its action previously to day in adopting the following local resolution of the House:
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.
On the motion, the yeas were 40, nays 0, the motion prevailed, and HR 779 was reconsidered.
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 625.
Respectfully submitted, I si Ed Barker, Chairman
Senator, District 18

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Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 7:32 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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3087

Senate Chamber, Atlanta, Georgia Wednesday, March 24,1982 Thirty-ninth Legislative Day

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

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

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 Senate:

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.

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 education curricula or program.

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.

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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 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.

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, approved March 21, 1958, (Ga. L. 1958, p. 185), so as to provide for calculation and payment of benefits to surviving spouses of judges and requirements, qualifications, and proceedings related thereto.

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 622. By Senator Barker of the 18th:
A bill 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 definition of certain terms; to change the provisions relative to 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.

WEDNESDAY, MARCH 24, 1982

3089

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 judgment in civil cases, so as to provide that when the parties consent to a judgment the court shall render judgment without the verdict of a jury.

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

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.

SR 377. By Senator Turner of the 8th: A resolution commending the Georgia Christian School Basketball Team.

The House has agreed to the House substitute, as amended by the Senate, to 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, approved April 2, 1971 (Ga. L. 1971, p. 380), so as to provide adequate compensation for the sheriffs of the state; to change the minimum salaries provided by this Act.

The House has agreed to the Senate amendments to the following bills of the House:

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.

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

SR 398. By Senators Fincher of the 54th, Gillis of the 20th and Kennedy of the 4th:
A resolution creating the Public School Employees Health Insurance Study Committee. Referred to Committee on Rules.

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 resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 720. Do pass by substitute. HB 1303. Do pass. HB 1343. Do pass. HB 1357. Do pass. HB 1380. Do pass as amended. HB 1396. Do pass. HB 1501. Do pass. HB 1537. Do pass. HB 1586. Dp pass by substitute. HB 1625. Do pass. HB 1671. Do pass. HB 1691. Do pass. HB 1707. Do pass. HB 1737. Do pass. HB 1738. Do pass. HB 1749. Do pass as amended. HB 1811. Do pass. HB 1836. Do pass. HB 1841. Do pass. HB 1842. Do pass.

WEDNESDAY, MARCH 24, 1982

3091

HB 1843. Do pass. HB 1844. Do pass. HB 1845. Do pass. HB 1877. Do pass. HB 1918. Do pass as amended. HB 1926. Do pass. HB 1941. Do pass. HB 1942. Do pass. HB 1943. Do pass. HB 1944. Do pass by substitute. HB 1945. Do pass. HB 1946. Do pass. HB 1947. Do pass by substitute. HB 1949. Do pass. HB 1950. Do pass. HB 1953. Do pass. HB 1958. Do pass. HB 1959. Do pass. HB 1960. Do pass. HB 1961. Do pass. HB 1962. Do pass. HB 1963. Do pass. HB 1964. Do pass as amended. HB 1966. Do pass. HB 1967. Do pass. HB 1970. Do pass. HR 563. Do pass. HR 626. Do pass by substitute. HR 672. Do pass. HR 701. Do pass. HR 718. Do pass. HR 741. Do pass.

3092

JOURNAL OF THE SENATE

HR 774. Do pass. HR 775. Do pass. HR 789. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 407. Do pass. HB 944. Do pass. HB 1319. Do pass. HB 1412. Do pass. HB 1887. Do pass. HB 1899. Do pass. HB 1951. Dopass. HB 1952. Dopass. HB 1956. Dopass. HB 1965. Dopass. HB 1968. Dopass. HB 1969. Dopass. HB 1971. Dopass. HR 793. Do pass by substitute.
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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1421. Dopass.

WEDNESDAY, MARCH 24, 1982

3093

HB 1638. Do pass. HB 1714. Do pass as amended.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

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 1558. Do pass by substitute.
Respectfully submitted, Senator Barnes of the 33rd 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 1316. 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 House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1315. Do pass by substitute.
Respectfully submitted, Senator Tate of the 38th District, Chairman

3094 Mr. President:

JOURNAL OF THE SENATE

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 378. Do pass.
SR 384. Do pass.
SR 385. Do pass. SR 388. Do pass by substitute.

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

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 48. Do pass by substitute. HB 580. Do pass. HB 1547. Do pass. HB 1776. 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:

SR 378. By Senator Land of the 16th:
A resolution creating the Driver's License Suspension and Revocation Study Committee.

SR 384. By Senators Robinson of the 27th, Garner of the 30th and Greene of the 26th:
A resolution creating the State Ombudsman Study Committee.

WEDNESDAY, MARCH 24, 1982

3095

SR 385. By Senator Wessels of the 2nd:
A resolution urging the Congress of the United States to take certain ac tions with regard to the Mortgage Subsidy Bond Tax Act of 1980.

SR 388. By Senators McKenzie of the 14th, Turner of the 8th, Lester of the 23rd and others:
A resolution creating the Workers' Compensation Reform Study Com mittee.

HB 407. By Representative Hill of the 127th:
A bill to amend an Act providing for the compensation of certain officers of counties of this state having a population of not less than 180,000 nor more than 190,000, so as to change the compensation of the tax commis sioner.

HB 580. By Representative Adams of the 14th:
A bill to amend Code Chapter 68A-9, relating to serious traffic offenses, so as to change the penalties for certain violations and to provide for minimum time to be served in the penitentiary.

HB 720. By Representatives Colbert of the 23rd, Lowe, Couch and Greer of the 43rd:
A bill to amend, consolidate, create, revise and supersede the several Acts incorporating the City of Alpharetta, in the County of Fulton, State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation.

HB 944. By Representative Phillips of the 125th:
A bill to amend an Act implementing the provisions of Article V, Section VII, Paragraph II of the Constitution of Georgia creating the Savannah District Authority, now known as the Savannah Port Authority, so as to further define the terms "project" and "cost of project" in describing the powers and duties of the Savannah Port Authority.

HB 1303. By Representative Greer of the 43rd:
A bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pen sions to county employees of said county, so as to provide that in dividuals employed by the Fulton County Department of Family and Children Services after a certain date shall not be authorized to par ticipate in the pension fund established by said Act.

3096

JOURNAL OF THE SENATE

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 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 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 1343. 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 and for such purposes set forth in the caption of said Act and the several Acts amendatory thereof, so as to correct an inadvertent reference to the ' 'Superior Court of Fulton County,''.

HB 1357. By Representatives Williams and Foster of the 6th:
A bill to amend an Act incorporating the City of Dalton, so as to revise and consolidate comprehensively the "Mayor and Council of the City of Dalton Employees' Pension Plan".

HB 1380. By Representatives Adams of the 36th, Hamilton of the 31st, Greerof the 43rd and others:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to revise commissioner districts for the election of certain members of the board of commissioners.

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.

WEDNESDAY, MARCH 24, 1982

3097

HB 1412. By Representative Pinkston of the 100th:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan."

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 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 1537. By Representatives Nicholson of the 88th and Padgett of the 86th:
A bill to establish the compensation of certain officials of Richmond County, Georgia; to prohibit certain practices by certain officials.

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 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 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.

3098

JOURNAL OF THE SENATE

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 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 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 1691. By Representative Adams of the 36th:
A bill to provide for the establishment of a county-wide library system in Fulton County; to provide the procedures for the transfer of certain ex isting library services and facilities located within unincorporated Fulton County; to provide conditions for the effectiveness of the Act and for an effective date.

HB 1707. By Representative Dean of the 29th:
A bill to amend an Act creating county building authorities in certain counties having a population of 550,000 or more according to the 1970 United States decennial census or any such future census, so as to redefine project; to authorize the leasing of project to governmental and public and private persons; to redefine the "cost of the project".

HB 1714. By Representatives Snow of the 1st and Castleberry of the lllth:
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 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.

WEDNESDAY, MARCH 24, 1982

3099

HB 1738. By RepresentstiveChambless 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 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.

HB 1811. By Representatives Snow and Hays of the 1st, Foster of the 6th and others:
A bill to amend an Act providing a salary for the court reporter of the Lookout Mountain Judicial Circuit, so as to change the salary of the court reporter.

HB 1836. By Representative Couch of the 43rd: A bill to provide a new charter for the City of Union City.

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.

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.

3100

JOURNAL OF THE SENATE

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 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 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 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 1918. By Representatives Pinkston of the 100th, Davis of the 99th, Birdsong of the 103rd and others:
A bill to amend an Act establishing the board of public education and or phanage of Bibb County, so as to change the composition of the Educa tion Districts from which members of the board are elected.

WEDNESDAY, MARCH 24, 1982

3101

HB 1926. By Representatives Wilson of the 19th, Isakson and Nix of the 20th and others:
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 that in all counties having a population of not less than 250,000 nor more than 400,000 according to the United States decennial census of 1980 or any future such census the taxes shall become due and payable on August 15 in each year and shall become delinquent if not paid by October 15 of each year.

HB 1941. By Representative Mullinax of the 69th:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to extend and increase the corporate limits of the City of LaGrange.

HB 1942. By Representative Reaves of the 147th:
A bill to amend an Act relating to fire protection districts in Brooks Coun ty, so as to limit the amount of taxes which may be levied without a referendum.

HB 1943. By Representative Kilgore of the 65th:
A bill to provide for election districts for election to the Board of Educa tion of Douglas County.
HB 1944. By Representative Kilgore of the 65th:
A bill to create a court to be known as the "Magistrate's Court of Douglas County"; to define its jurisdiction and powers; to provide for the appoint ment, duties, and compensation of the presiding officer, who shall be designated "magistrate"; to provide for the appointment, duties, and compensation of deputy magistrates and a clerk.

HB 1945. By Representative Jones of the 78th:
A bill to amend an Act creating the board of commissioners of Butts County, so as to provide for staggered terms of members of the board.

HB 1946. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to amend an Act creating a board of commissioners for Forsyth County, so as to change the dollar amount of purchases which can be made without the necessity of receiving bids.

HB 1947. By Representatives Fortune and Mostiler of the 71st:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the judges of the superior courts and district attorneys of that judicial circuit.

3102

JOURNAL OF THE SENATE

HB 1949. By Representatives Karrh of the 106th and Miles of the 107th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Emanuel County, known as the fee system; to provide in lieu thereof an annual salary and to provide for the increase and decrease thereof.

HB 1950. By Representative Bray of the 70th:
A bill to amend an Act incorporating the City of Manchester, so as to change the corporate limits of the city.

HB 1951. By Representative Vaughn of the 57th:
A bill to amend an Act creating the Magistrate's Court of Rockdale Coun ty, so as to change the amount of the fine that the magistrate may impose for any single offense.

HB 1952. By Representatives Mann and Milford of the 13th:
A bill to amend an Act incorporating the City of Maxeys, so as to change the terms of the mayor and councilmen.

HB 1953. By Representatives Buck of the 95th, Cason of the 96th, Rose of the 93rd and others:
A bill to amend an Act establishing the Municipal Court of Columbus, so as to change the provisions relating to the bonds of the clerk and the mar shal of said court.

HB 1956. By Representative Reaves of the 147th:
A bill to fix the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300.

HB 1958. By Representative Culpepper of the 98th:
A bill to amend an Act establishing a municipal court in and for the City of Fort Valley, so as to change the provisions relating to penalties impos ed by such court.

HB 1959. By Representatives Karrh of the 106th and Miles of the 107th:
A bill to provide for election of members to the Emanuel County Board of Education; to provide for seven single-member election districts.

HB 1960. By Representative Branch of the 137th:
A bill to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the pro visions relative to the salary of deputy sheriffs.

WEDNESDAY, MARCH 24, 1982

3103

HB 1961. By Representative Branch of the 137th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Irwin, so as to change the salary provisions relating to the clerk and the secretary.

HB 1962. By Representative Jackson of the 77th:
A bill to amend an Act changing the compensation of coroners in all counties of this State having a population of not less than 22,320 and not more than 22,500 according to the United States decennial census of 1970, or any future such census, so as to change certain population brackets and census references.

HB 1963. By Representative Ross of the 76th:
A bill to amend an Act placing the clerk of the Superior Court of Warren County on an annual salary, so as to change the provisions relative to the compensation of the deputy clerk.

HB 1964. By Representative Dover of the llth:
A bill to amend an Act creating the office of tax commissioner of Habersham County, so as to change the salary of the tax commissioner, the method of filling vacancies in office, and the required hours of operation of the tax commissioner's office.

HB 1965. By Representatives Walker of the 115th and Culpepper of the 98th:
A bill to amend an Act relating to the State Court of Macon County; so as to change provisions relating to the compensation of the judge and solicitor.

HB 1966. By Representatives Nix, Harrison and Isakson of the 20th and others:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to provide that the board of education of Cobb County may conduct its meetings at any loca tion within Cobb County and, for special purposes, outside the limits of Cobb County.

HB 1967. By Representatives Godbee of the 82nd and Bargeron of the 83rd:
A bill to amend an Act creating the Small Claims Court of Burke County, so as to change provisions relating to the compensation of the judge and fees and costs charged by the court.

HB 1968. By Representatives Johnson, Benefield and Lee of the 72nd and others:
A bill to change the composition of and manner of selection of the members of the board of education of Clayton County; to fix the compen sation of members of the board.

3104

JOURNAL OF THE SENATE

HB 1969. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said municipal corporation, so as to remove certain property from the corporate limits of said city.

HB 1970. By Representative Padgett of the 86th:
A bill to amend an Act creating the Town of Hephzibah and for other pur poses, so as to change a provision relative to the manager of financial af fairs.

HB 1971. By Representative Lane of the 40th:
A bill to amend an Act providing for the powers and purposes of the East Point Business and Industrial Development Authority, so as to clarify the procedure for appointing certain members of the authority.

HR 563. By Representative Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to authorize the board of commissioners of Ware County to create the office of county manager, appoint and remove the county manager, fix his com pensation, and prescribe his duties, powers and responsibilities.

HR 626. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purposes being established as calendar year 1981.

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 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.

WEDNESDAY, MARCH 24, 1982

3105

HR 718. By Representative Dean of the 29th:
A resolution proposing an amendment to the Constitution so as to authorize, ratify and affirm the creation by the General Assembly of a building authority of Fulton County; to authorize such authority to enter into certain contracts; authorize the General Assembly to exempt obliga tions, properties, activities, or income of such authority from taxation; to authorize the General Assembly to provide for the validation of any revenue obligation of such authority.

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 774. By Representative Bolster of the 30th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law that exemptions from ad valorem taxation by Fulton County and the City of Atlanta for in ventories of certain goods may apply within urban enterprise zones established by the governing body of the City of Atlanta.

HR 775. By Representative Bolster of the 30th:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may enact legislation treating real prop erty located in an urban enterprise zone as designated by the governing body of the City of Atlanta as a separate class of property in Fulton Coun ty and the City of Atlanta for the purposes of ad valorem taxes levied for city and county purposes.

HR 789. By Representatives Davis of the 45th, Widener of the 44th and Williams of the 48th:
A resolution proposing an amendment to the Constitution so as to limit the power of DeKalb County and the DeKalb County School District to impose, levy, collect and receive ad valorem taxes.

HR 793. By Representatives Childs of the 51st, Richardson of the 52nd, Steinberg of the 46th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes.

3106

JOURNAL OF THE SENATE

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

The report 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 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.

The report 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 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.

The report 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 24, 1982

3107

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.

The report 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 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.

The report 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 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.

The report 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.

3108

JOURNAL OF THE SENATE

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.

The report 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 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.

The report 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 1894. By Representatives Phillips of the 125th, Davis of the 124th, Ginsberg of the 122nd eenA 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.

The report 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 24, 1982

3109

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.

The report 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 1919. By Representative McDonald of the 12th:
A bill to provide for the consolidation and merger of the Jefferson City School District, the Commerce City School District, and the Jackson County School District into a single area school district under the control and management of an area board of education pursuant to the authority of Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1976.

The report df 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 1921. By Representative Reaves of the 147th:
A bill to ahrend Code title 91 A, relating to revenue and taxation, so as to change certain provisions relative to population; to amend the Official Code of Georgia Annotated accordingly.

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

On the:passage of the bill, t'he yeas were 53, naysQ.

The bill, 'ha'vih'g received the requisite constitutio'nal majority, waspassed.

3110

JOURNAL OF THE SENATE

HB 1922. By Representatives Childers of the 15th, Montgomery of the 16th and Adams of the 14th:
A bill to amend an Act creating a new charter for the City of Rome, so as to change and extend 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.

HB 1927. By Representative Jessup of the 117th:
A bill to provide for the appointment of the school superintendent of the Pulaski County School 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 53, nays 0.

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

HB 1928. By Representative Edwards of the 110th:
A bill to amend an Act creating a Board of Commissioners for the County of Marion, so as to change the compensation of the chairman and the other members of the board.

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

On the passage of the bill, the yeas were 53, nays 0.

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

HB 1929. By Representatives Moody and Byrd of the 138th:
A bill to amend an Act creating the board of commissioners of Appling County, so as to provide two different plans for changing the composi tion and manner of selection of members of the board.

WEDNESDAY, MARCH 24, 1982

3111

The report 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 1930. By Representative Long of the 142nd:
A bill to amend an Act incorporating the City of Cairo, in the County of Grady, and the granting of a charter to that municipality under said cor porate name and style, so as to abolish the Mayor's Court of the City of Cairo; to create and establish in lieu thereof a Recorder's Court 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 1931. By Representative Coleman of the 118th:
A bill to provide for the compensation of certain county officers and of ficials of Dodge County; to provide for certain expense allowances; to provide for annual cost-of-living increases in salary; to provide for per sonnel in certain county offices.

The report 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 1939. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act creating the Brunswick Port Authority, so as to authorize the Authority to borrow money from any source, public or private, for any of its corporate purposes and make contracts and execute instruments in connection therewith.

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

3112

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 1948. By Representatives Cummings of the 17th and Montgomery of the 16th:
A bill to repeal an Act establishing the State Court of Polk County, so as to abolish the State Court of Polk 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.

HR 828. By Representative Padgett of the 86th:
A resolution creating the Richmond County Merit System Advisory Com mission.

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 53, nays 0.

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

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.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1497 by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows:
"Section 9. Effective date. This Act shall become effective on March 1. 1983."

WEDNESDAY, MARCH 24, 1982

3113

On the adoption of the amendment, the yeas were 53, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the yeas were 53, nays 0.

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

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.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 1839 by adding in the title on line 7 of Page 1, immediate ly preceding the words "to provide", the following:
"to change the salaries of the chairman and members of the board of county commissioners in each such county;". By striking from line 24 of Page 1 the following:
"$400.00", and inserting in lieu thereof the following:
"$600.00". By striking from line 26 of Page 1 the following:
"$300.00", and inserting in lieu thereof the following:
"$500.00".

On the adoption of the amendment, the yeas were 53, nays 0, and the amend ment was adopted.

3114

JOURNAL OF THE SENATE

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

On the passage of the bill, the yeas were 53, nays 0.

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

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.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1906:
A BILL
To be entitled an Act 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 consumption on the premises at certain times on Sundays; to provide for the option of holding a special election on that question; to authorize the governing authority of certain counties and every municipality located within such counties, through proper resolution or ordinance, to issue licenses to sell alcoholic beverages for beverage purposes by the drink, such sales to be for consumption only on the premises; to provide the procedures connected therewith; 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. The "Georgia Alcoholic Beverage Code," Code Title 5A, is amended by adding at the end of Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, a new subsection to be labeled subsection (j) and to read as follows:
"(j) (1) In each county having a population of not less than 69,000 and not more than 75,000 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 in those coun ties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and one hour immediately following that time by adoption of ordinances so providing after the effective date of this subsection.

WEDNESDAY, MARCH 24, 1982

3115

(2) (A) The exercise of the authority granted in paragraph (1) of this subsection may be made conditional upon approval at a special election if the governing authority of the county and the governing authorities of all affected municipalities shall all adopt resolutions so providing within 30 days after the effective date of this subsection, in which case the superintendent of elections shall, within 30 days after the receipt of certified copies of such resolutions, issue the call for a special election on that question and shall set the date for the special referendum election for a day not less than 30 days nor more than 180 days after the issuance of the call. The superintendent shall cause the date and purpose of the special election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county. The ballot shall have written or printed thereon the following:

'[ ] YES [ ] NO

Shall the sale of alcoholic beverages for consumption on premises for one hour after 11:55 P.M. on Saturdays be authorized in (insert name) County and in (insert name of applicable municipalities)?'

(B) All persons desiring to vote for the authorization of such sales during the time specified in paragraph (1) of this subsection (j) shall vote 'Yes' and all persons desiring to vote against such sales shall vote 'No.' If more than one-half of the votes cast on such question are for approval of such sales, the appropriate governing authorities may authorize such sales during the time specified in paragraph (1) of this subsection (j).

(C) The special election shall be conducted in accordance with the provisions of the Georgia Election Code, except as otherwise specifically provided in this subsection (j). The expenses of such special election shall be borne by the county."

Section 2. Said title is further amended by adding a new paragraph (5) at the end of subsection (b) of Code Section 5A-2901 to read as follows:

"(5) The governing authority in all counties of this state having a population of not less than 160,000 nor more than 170,000 according to the United States decennial census of 1980 or any future such cen sus and every municipality located in such counties, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages for beverage purposes by the drink, such sales to be for consumption only on the premises. In the event the governing authority of any such county or municipality coming under the provi sions of this paragraph desires to exercise the powers authorized by this paragraph, the governing authority shall conduct a special referendum election which shall be held at the time of holding any other primary or election in such county or muncipality for the pur pose of determining whether or not these powers may be exercised. In the event a majority of those persons voting in the election vote in favor of the governing authority issuing licenses for the sale of distill ed spirits, as authorized by this paragraph, then the governing authori ty shall exercise the power conferred by this paragraph. Otherwise, the governing authority shall not have these powers."

3116

JOURNAL OF THE SENATE

Part 2

Section 3. Title 3 of the Official Code of Georgia Annotated, known as the "Georgia Alcoholic Beverage Code," is amended by adding a new subsection (i) at the end of Code Section 3-3-7 to read as follows:

"(i) (1) In each county having a population of not less than 69,000 and not more than 75,000 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 in those coun ties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and one hour immediately following that time by adoption of ordinances so providing after the effective date of this subsection.

(2) (A) The exercise of the authority granted in paragraph (1) of this subsection may be made conditional upon approval at a special election if the governing authority of the county and the governing authorities of all affected municipalities shall all adopt resolutions so providing within 30 days after the effective date of this subsection, in which case the superintendent of elections shall, within 30 days after the receipt of certified copies of such resolutions, issue the call for a special election on that question and shall set the date for the special referendum election for a day not less than 30 days nor more than 180 days after the issuance of the call. The superintendent shall cause the date and purpose of the special election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county. The ballot shall have written or printed thereon the following:

'[ ] YES ( ] NO

Shall the sale of alcoholic beverages for consumption on premises for one hour after 11:55 P.M. on Saturdays be authorized in (insert name) County and in (insert name of applicable municipalities)?'

(B) All persons desiring to vote for the authorization of such sales during the time specified in paragraph (1) of this subsection (i) shall vote 'Yes' and all persons desiring to vote against such sales shall vote 'No.' If more than one-half of the votes cast on such question are for approval of such sales, the appropriate governing authorities may authorize such sales during the time specified in paragraph (1) of this subsection (i).

|C) The special election shall be conducted in accordance with the provisions of the Georgia Election Code, except as otherwise specifically provided in this subsection (i). The expenses of such special election shall be borne by the county."

Section 4. Said title is further amended by adding a new paragraph ^5) at the end of subsection (b) of Code Section 3-4-90 to read as follows:

"(5) The governing authority in all counties of this state having a population of not less than 160,000 nor more than 170,000 according to the United States decennial census of 1980 or any future such cen-

WEDNESDAY, MARCH 24, 1982

3117

sus and every municipality located in such counties, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages for beverage purposes by the drink, such sales to be for consumption only on the premises. In the event the governing authority of any such county or municipality coming under the provi sions of this paragraph desires to exercise the powers authorized by this paragraph, the governing authority shall conduct a special referendum election which shall be held at the time of holding any other primary or election in sugh county or municipality for the pur pose of determining whether or not these powers may be exercised. In the event a majority of those persons voting in the election vote in favor of the governing authority issuing licenses for the sale of distill ed spirits, as authorized by this paragraph, then the governing authori ty shall exercise the power conferred by this paragraph. Otherwise, the governing authority shall not have these powers."
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 November 1, 1982.
Section 6. Notwithstanding any other provision of law to the con trary, the United States decennial census of 1980 shall become effective for purposes of this Act on the effective date of this Act.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 45, 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, the yeas were 45, nays 5.

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

HB 1920. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of certain officers and personnel of the court.

3118

JOURNAL OF THE SENATE

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 1920 by striking all matter on lines 27 through 31 of Page 3 and inserting in lieu thereof the following:
" '(c) The judge of said court may employ an executive secretary. The judge shall from time to time fix the secretary's salary in an amount which is not less than the minimum and not more than the maximum which may be received by a person employed as an ex ecutive secretary under the personnel plan applicable to employees of the Glynn County governing authority. Such salary shall be paid in equal monthly installments from funds of Glynn County.' ''

On the adoption of the amendment, the yeas were 53, nays 0, and the amend ment was adopted.

Senator Littlefield of the 6th offered the following amendment;

Amend HB 1920 by adding after the semicolon on line 8 of Page 1 the following:
"to change the qualifications of the judge;".
By adding a new Section 1.1 to read as follows:
"Section 1.1. Said Act is further amended by adding after the words 'twenty-seven years of age' in Section 5 the following:
'and not more than seventy years of age',
so that when so amended Section 5 shall read as follows:
'Section 5. The judge of said Court at the time of his appointment or election must be at least twenty-seven years of age and not more than seventy years of age; must have been a resident of the County of Glynn at least four years immediately preceding his appointment or election, and must have been a practicing attorney at law for at least five years immediately before his appointment or election, unless the holder of another judicial office, or is a member of the armed forces of the United States or is in the employment of the United States in a legal capacity, during all or a part of that time. Before entering upon the discharge of the duties of his office said judge shall take and subscribe the following oath: "I solemnly swear that I will administer justice as announced by law and not of my personal determination, without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the City Court of Brunswick according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitu tion of the United States, so help me, God," and said oath shall im-

WEDNESDAY, MARCH 24, 1982

3119

mediately thereafter be forwarded to the Governor and filed in the ex ecutive department. Said judge shall have authority to issue criminal warrants, to hold commitment hearings, to bind persons charged with violations of the criminal laws of Georgia over to the superior court of the County of Glynn, to dispossess tenants holding over and in truders, to issue distress warrants, and generally to do and perform all acts and things which justices of the peace and judges of the County and City Courts of this State are authorized to do, unless otherwise provided in this Act.' "

On the adoption of the amendment, the yeas were 53, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the yeas were 53, nays 0.

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

HB 1957. By Representatives Fortune and Mostiler of the 71st:
A bill to create the Spalding County Water and Sewerage Facilities Authority, to authorize such Authority to acquire, construct, equip, operate, maintain, own and improve self-liquidating projects embracing sources of water supply, the treatment, distribution and sale of water and related facilities to individuals, private concerns, municipal corpora tions and governmental units, the collection, treatment and disposal of sewage waste and storm water, and any related facilities.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 1957 by adding at the end of line 20 on Page 3 the words "the appointment of'.
By adding on line 20 of Page 4 between the word "may" and the word "necessary" the word "be".

On the adoption of the amendment, the yeas were 53, nays 0, and the amend ment was adopted.

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

3120

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

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

English Engram Fincher of 52nd Foster Garner Gillis Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill

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

Those not answering were Senators:

Bell Bond Brown of 47th Evans

Fincher of 54th Greene Holloway Hudgins

Land Robinson Timmons

Senator Robinson of the 27th introduced the chaplain of the day, Dr. Bobby Johns, pastor of Engleside Baptist Church, Macon, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 395. By Senators Foster of the 50th, Starr of the 44th, Dean of the 31st and others: A resolution honoring the Georgia School Boards Association.
SR 396. By Senator Bowen of the 13th: A resolution recognizing Milton (Buddy) Hopkins, Jr.

WEDNESDAY, MARCH 24, 1982

3121

SR 397. By Senator Barnes of the 33rd: A resolution commending Mrs. Nell Florence Edwards Pitner.

SR 399. By Senators Stephens of the 36th, Hudson of the 35th and Kidd of the 25th:
A resolution commending Dr. Janet K. Johnson.

SR 400. By Senators Stephens of the 36th, Hudson of the 35th and Kidd of the 25th:
A resolution commending Dr. Conway Hunter, Jr.

SR 401. By Senators Greene of the 26th, Robinson of the 27th, Deal of the 49th and others:
A resolution commending the Mercer University Moot Court Teams.

SR 402. By Senator Brannon of the 51st:
A resolution commending the Calhoun High School debate team and its coach, Sandra Worthington Silvers.

SENATE RULES CALENDAR Wednesday, March 24, 1982 THIRTY-NINTH LEGISLATIVE DAY

HB 1144. Supplementary Appropriations--fiscal year ending 6/30/82 (AMENDMENT) (App-46th)
HB 723. Bail--change provisions relating to (AMENDMENT) (S Judy--2nd)
HB 901. Repossessed Automobiles--lien on certain property found in (Trns-8th)
HB 1693. Securities Commissioner--issue transactional exemption (BF&I-- 23rd)
HB 1437. Small Domestic Wineries Selling on Premises--change amount pro duced (SUBSTITUTE) (C Aff-27th)
HB 1502. Fiscal Notes--change provisions relating to content (SUBSTITUTE) (AMENDMENT) (Ret-38th)
HB 1293. Superior Court Judges--compensation of secretaries (Judy--33rd)
HB 1224. Criminal Foeticide--prohibit (AMENDMENT) (SJudy-2nd)
HB 1752. Alcoholic Beverage Sale--prohibit on Christmas Day (C Aff--18th)
HB 856. Poster of National Motto and American Flag--in all school libraries and classrooms (SUBSTITUTE) (Ed--17th)

3122

JOURNAL OF THE SENATE

HB 813. RICO (Racketeer Influenced and Corrupt Organizations) Actracketeering violations (SUBSTITUTE) (SJudy-49th)
HB 1290. Plea of Insanity--change provisions relating to (SUBSTITUTE) (Judy--26th)
HB 1534. Children and Youth Act--goals to reduce number of foster children (SUBSTITUTE) (Hum R-42nd)
HB 1407. Child Support Recovery Act--"earnings" means unemployment benefits (Judy--33rd)
HB 76. Employees' Retirement--change provisions on mandatory retire ment age (SUBSTITUTE) (Ret--38th)
HR 706. House Resolution 4 (New Constitution)--change limitations on state debt and funding (AMENDMENT) (Judy-20th)
HB 1774. Property Sale for Taxes--requirements before sale advertisement (Gov Op--25th)
HR 710. DeKalb County--conveyance of certain state-owned property (Pub U-41st)
SR 366. Senate County and Municipal Insurance Premium Tax Study Committee--create (Rules--23rd)
HB 1395. Eye Banks--redefine and change provisions on who may operate (AMENDMENT) (HumR-42nd)
HB 993. Family Violence Prevention--therapy included in certain agreements (Hum R--25th)
HB 1729. Public Defender--may practice law during his incumbency (Judy-- 33rd)
HB 1706. Corporations--fee for cost of filing articles of incorporation (S Judy-6th)
HB 170. Use of Certain Flashing Lights-by individuals (SUBSTITUTE) (Pub Saf-28th)
HB 1838. Witness Competency--husband and wife may testify to adultery of other (Judy--33rd)
HB 1074. Physician's Assistant Act--supervise more than 2 assistants (SUBSTITUTE) (Hum R-42nd)
HB 1256. State Boxing Commission--provide (Gov Op--20th)
HR 533. State-Wide Fire Protection Study Committee--certain member of committee (IL&Tou--28th)
HB 1642. Destruction of Obsolete Records by County Departments of Fami ly and Children Services--3 years (Hum R--42nd)
HB 902. Repossessed Property--change time depository must be held (BF&I-8th)
HB 1755. Special Officers for Protection of Railroad Property--change re quirements (Pub Saf--llth)

WEDNESDAY, MARCH 24, 1982

3123

HB 530. Alimony, Child Support, Division of Property--jurisdiction over certain nonresidents (SUBSTITUTE) (S Judy--2nd)
HB 1444. County, City Issuing Building Permits--permanent record of ap plication (C&UA-G--31st)
HB 1742. Income Tax--provide for certain tax credits (BF&I--23rd)
HB 1636. Criminal Procedure--procedures for appearance bonds forfeiture (AMENDMENT) (Judy-33rd)
HB 1724. Probate Courts--enumerate powers and duties (AMENDMENT) (Judy-33rd)
HB 1695. Department of Human Resources Commissioners--rules and regulations for certain public assistance programs (Hum R--39th)
HB 1508. Teacher Giving Information of Minor Drug Abuse--civil liability immunity (AMENDMENT) (Judy-33rd)
HB 1814. Criminal Appeals--provisions for filing brief (Judy--26th)
HB 1641. County Board of Education Members and School Superintendents--change provisions on certification (AMEND MENT) (Ed-44th)
HB 1308. Authority to Promote Trade and Industry--conditions for dealing with directors (IL&Tou--33rd)
HR 545. Grady Lee Dickey--honoring and naming Regional Youth Development Center (SUBSTITUTE) (Hum R-2nd)
HR 583. Dr. McKee Hargrett Bridge--designate (Trns--48th)
HR 656. Miller J. Grist Bridge--designating (Trns--48th)
HR 755. William Franklin Bloodworth, Jr. Bridge--designate (Trns--48th)
HR 782. Museum of Art at University of Georgia--designate as State Museum of Art of Georgia (App--46th)
Respectfully submitted,
Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

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

HB 1144. By Representative Harris of the 8th:
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 for herein.
Senate Sponsor: Senator Broun of the 46th.

3124

JOURNAL OF THE SENATE

Senator Broun of the 46th offered the following amendment:

Amend HE 1144 by striking on Page 1, lines 18 and 23 the figure ' '$7,500,000'' arid inserting in lieu thereof the figure:
"$10,000,000",
And by inserting on Page 2, line 5'the following language:
"It is the intent of this General Assembly that this appropriation is Made to assure .the adequacy of State funding for Medicaid Benefits for State Fiscal Year 1982 and n6t for the purp'ose of increasing the rate of reimbursement to providers of health care services."

Senator Thompson of the 32nd offered the following amendment:

; Amend the amendment to MB 1144- offered by Senator Broun Of the 46th by striking from said amendment the following:
"and not for the purpose of increasing the rate of reimbursement to providers of health care services.'',
arid'inserting in lieu thereof the following:
"arid to authorize the reiristaternent of the pharmacy reimburse ment rate. This appropriation is not for the purpose of increasing the rate of reimbursement to other providers of health care services."

On the adoption of the amendment, the yeas were 7, nays 30, and the amend ment offered by Senator Thompson of the 32nd was lost.

( On trie addptiOri of the amendment Offered by Senator Broun of the 46th, the yeas were 39, nays 0, and the amendment was adopted.

( The report of the committee, which was favorable to the passage of the bill, was 'agreed to as arrierided.

'On the'passage of the bill, a roUcall was taken, arid the vote was as follows:

Those voting'in the affirmative were Senators:

"Allgoqd 'iJal'lard
JBarker ^r'nes 'Bell Bond

Bowen .Branndn
^Braritley , Broun of 46th 'Brown of 47th Bryarit

jCqbb 'Cofemari
Coverdell Deal Dean Eldridge

WEDNESDAY, MARCH 2,4, 1982

3125

English Engrarn 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 S'ta'rr

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

Not voting was Senator Hudgiris.

On the passage of the bill, the yeas were 55, nays 0.

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

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

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

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 wit.h dependent children; to provide for legislative findings; to amend the Official Code of Georgia Annotated ac cordingly.

The House amendment was as follows:
Amend SB 603 by striking from t'he title, beginning on line 4 of Page 1, the following:
"a pilot and state-wide community work experience programs", arid inserting in lieu thereof the following:
' 'pilot community work experience programs''.

3126

JOURNAL OF THE SENATE
By striking from Part 1, beginning on line 16 of Page 2, the following:
"The department, using the experience gained from its pilot pro grams, shall establish fully operational community work experience programs throughout the state no later than July 1, 1983."
By striking from Part 2, beginning on line 16 of Page 3, the following:
"The department, using the experience gained from its pilot pro grams, shall establish fully operational community work experience programs throughout the state no later than July 1, 1983."

Senator Starr of the 44th moved that the Senate agree to the House amendment to SB 603.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Ballard Bowen

Cobb Holloway (presiding)

Timmons Wessels

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 603.

WEDNESDAY, MARCH 24, 1982

3127

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

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.
Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 1261.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1261.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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. Senate Sponsors: Senators Wessels of the 2nd and Lester of the 23rd.
The Senate Committee on Special Judiciary offered the following amendment:
Amend HB 723 by adding the following: "significant",
after the word "no" where it appears on lines 8, 11, 14, and 16 of Page 3.

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.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Brannon Brantley 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 Hudson Kennedy Kidd Land Lester Littlefield

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

Those voting in the negative were Senators:

Bond

Evans

Those not voting were Senators:

Ballard Bowen Brown of 47th

Holloway (presiding! Hudgins

Tate
Timmons Turner

On the passage of the bill, the yeas were 46, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
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. Senate Sponsor: Senator Turner of the 8th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 24, 1982

3129

On 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 Broun of 46th Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd

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

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

Those not voting were Senators:

Ballard Barker Bond Brantley

Brown of 47th Bryant Holloway (presiding)

Hudgins Timmons Trulock

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

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

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.
Senate Sponsor: Senator Lester of the 23rd.

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

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Brannon Brantley Broun of 46th 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

Those not voting were Senators:

Ballard Bond Bowen Brown of 47th

Fincher of 54th Holloway (presiding) Reynolds Stephens

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

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Robinson of the 27th.

Senator Robinson of the 27th offered the following substitute to HB 1437:

A BILL
To be entitled an Act to amend Code Title 5A, relating to alcoholic beverages, as amended, so as to change the amount of wine which may be produced by such wineries selling at retail on their premises; to change certain provisions relative to the content of such wine; to change

WEDNESDAY, MARCH 24, 1982

3131

certain provisions relative to the levy of excise taxes on certain domestic wines; 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 Title 5A, relating to alcoholic beverages, as amend ed, is amended by striking subsection (a) of Code Section 5A-5511 and in serting in its place a new subsection (a) to read as follows:
"(a) The commissioner may authorize any licensee authorized to manufacture wine in this state to sell such wine at retail on the premises of the winery, but only if the licensee produces less than 378,000 liters of wine per year and the wine is made wholly in Georgia from at least 40 percent of Georgia grown agricultural prod ucts."
Section 2. Said title is further amended by striking in their entirety paragraphs (1) and (3) of Code Section 5A-5701 and inserting in their respective places new paragraphs (1) and (3) to read as follows:
"(1) On table wines produced within the State, from at least 40 percent of fruits and berries grown within the State, 11 cents per liter and a proportionate tax at like rates on all fractional parts of a liter.
(3) On dessert wines produced within the State, from at least 40 percent of fruits and berries grown within the State, 27 cents per liter and a proportionate tax at like rates on all fractional parts of a liter."
Part 2
Section 3. Chapter 6 of Title 3 of the Official Code of Georgia An notated, relating to the regulation of wine, is amended by striking subsection (a) of Code Section 3-6-21.1 and inserting in its place a new subsection (a) to read as follows:
"(a) The commissioner may authorize any licensee authorized to manufacture wine in this state to sell such wine at retail on the premises of the winery, but only if the licensee produces less than 378,000 liters of wine per year and the wine is made wholly in Georgia from at least 40 percent of Georgia grown agricultural prod ucts."
Section 4. Said Chapter 6 is further amended by striking in their en tirety paragraphs (1) and (3) of Code Section 3-6-50 and inserting in their respective places new paragraphs (1) and (3) to read as follows:
"(1) On table wines produced within the state from at least 40 per cent of fruits and berries grown within the state, ll<t per liter and a proportionate tax at the same rate on all fractional parts of a liter;
(3) On dessert wines produced within the state from at least 40 percent of fruits and berries grown within the state, 27<t per liter and a proportionate tax at the same rate on all fractional parts of a liter;''.

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JOURNAL OF THE SENATE
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 35, 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:

Allgood 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 Hudson Kennedy Kidd

Land Lester Littlefield McKenzie Robinson Scott Stumbaugh Summers Sutton Tate Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Ballard Brantley Brown of 47th Evans

Holloway (presiding) McGill Reynolds

Starr Stephens Timmons

WEDNESDAY, MARCH 24, 1982 On the passage of the bill, the yeas were 45, nays 1.

3133

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 1437.

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.
Senate Sponsors: Senators Tate of the 38th and Coverdell of the 40th.

The Senate Committee on Retirement offered the following amendment: Amend HB 1502 by striking from line 20 of Page 1 the following: "If possible, the",
and inserting in lieu thereof the following: "The".

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--House Bill 1502 (LC 3 1575) Senate Committee Amendment (AM 3 0073)
Fiscal Note Procedures

This Bill, as amended, would change the requirement for an opinion advising whether or not sufficient information is available to prepare a complete and accurate fiscal note and would require that fiscal notes

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JOURNAL OF THE SENATE

contain an example or average situation to illustrate the cost of a Bill if no accurate dollar estimate is possible. Assumptions used in developing ex amples or averages would be stated in the fiscal notes. The current re quirement that committee chairmen request a fiscal note one day after a Bill is referred to committee would be deleted. This Bill would also re quire the State Auditor, at the committee's direction, to determine the cost of an actuarial investigation prior to committee authorization of such an investigation.

The provisions of this Bill would not significantly affect the cost of preparing fiscal notes.

Is/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.
Senator Coverdell of the 40th offered the following substitute to HB 1502:
A BILL
To be entitled an Act to amend Code Section 28-5-42 of the Official Code of Georgia Annotated, relating to the introduction of retirement bills and bills having a significant impact upon anticipated revenue or ex penditure levels and fiscal notes, so as to change the provisions relating to the content of fiscal notes; to amend Code Section 28-5-43 of the Of ficial Code of Georgia Annotated, relating to actuarial investigations relative to fiscal notes, so as to provide for a determination of the costs of actuarial investigations; 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 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, is amended by striking subsection (d) in its entirety and in serting in lieu thereof a new subsection (d) to read as follows:
"(d) The fiscal note required by subsection jc) of this Code section shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. In the event the bill relates to a retirement or pension fund or system, the fiscal note shall contain an opinion relative to the actuarial effect of such bill. If, after careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that ef fect, setting forth the reasons why no dollar estimate can be given. In

WEDNESDAY, MARCH 24, 1982

3135

this event, the fiscal note shall contain an example based on a specific situation or reflecting the average group of persons possibly affected by the bill so as to provide an indication of the cost of such bill to the General Assembly. Assumptions used to develop these averages shall be noted in the fiscal note and the criteria included herein shall con stitute a fiscal note. No comment or opinion regarding the merits of the measure for which the statement is prepared shall be included in the fiscal note; however, technical or mechanical defects may be noted. The chairman shall make such request after such bill is refer red to his committee; and the request shall be complied with by the director of the Office of Planning and Budget and the state auditor within five days after receipt of such request. The state auditor and the director of the Office of Planning and Budget shall jointly prepare their fiscal note; and, if there is a difference of opinion between such officials, it shall be noted in the fiscal note. In the event the director of the Office of Planning and Budget and the state auditor concur that the fiscal note on any such bill cannot be prepared within the five-day limitation, they shall so inform the chairman in writing and shall be allowed to submit said note not later than ten days after the request for it is made."
Section 2. Code Section 28-5-43 of the Official Code of Georgia An notated, relating to actuarial investigations relative to fiscal notes, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) With regard to retirement bills, the fiscal notes required by Code Section 28-5-42 shall include a statement expressing an opinion advising whether or not there is sufficient information available to the person submitting such fiscal note to submit an accurate and complete fiscal note as required by Code Section 28-5-42 and whether or not an actuarial investigation is required to develop such information. In the event an opinion is submitted advising that an actuarial investigation will be required before a complete cost estimate can be determined, a majority of a quorum of the committee to which the bill is assigned may direct the state auditor to determine the cost to complete, or to have completed, the necessary actuarial investigation. After the state auditor has determined such cost and reported the cost to the commit tee, a majority of a quorum of the committee may direct the state auditor to contract for such actuarial investigation within ten days after he has been given notification of such vote."
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.

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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 12, 1982

SUBJECT: Fiscal Note--House Bill 1502 (Substitute) (LC 7 4961S) Fiscal Note Procedures

This Bill would require that fiscal notes contain an example or average situation to illustrate the cost of a Bill if no accurate dollar estimate is possible. Assumptions used in developing examples or averages would be stated in the fiscal notes. The current requirement that committee chairmen request a fiscal note one day after a Bill is refer red to committee would be deleted. This Bill would also require the State Auditor, at the committee's direction, to determine the cost of an ac tuarial investigation prior to committee authorization of such an in vestigation.

The provisions of this Bill would not significantly affect the cost of preparing fiscal notes.

I si W. M. Nixon State Auditor

1st C. T. Stevens, Director Office of Planning and Budget

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 as amended, was agreed to by substitute.

WEDNESDAY, MARCH 24, 1982

3137

On the passage of the bill, 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 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

Those not voting were Senators:

Brown of 47th Hill

Holloway (presiding) Hudson

Summers

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

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

The President resumed the Chair.
The following bill of the House was taken up for the purpose of considering the Conference Committee Report 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.

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JOURNAL OF THE SENATE

The Conference Committee Report on HB 153 was as follows:

The Conference Committee on HB 153 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 153 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ W. W. Fincher, Jr. Senator, 54th District

Is/ James C. Moore Representative, 152nd District

I si Hugh M. Gillis, Sr. Senator, 20th District

/s/ Joe Frank Harris Representative, 8th District

/s/ Joseph E. Kennedy Senator, 4th District

/s/ Marcus Collins Representative, 144th District

Conference Committee substitute to HB 153:
A BILL
To be entitled an Act to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, approved April 24, 1975 (Ga. Laws 1975, p. 1194), as amended by an Act approved April 8, 1980 (Ga. Laws 1980, p. 1538), so as to change the pro visions relative to the definition of a public school employee; to change the provisions relative to contributions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, approved April 24, 1975 (Ga. Laws 1975, p. 1194), as amended by an Act approved April 8, 1980 (Ga. Laws 1980, p. 1538), is hereby amended by adding at the end of subsection (a) of Section 1 the following:
"It is specifically provided, however, that the term 'public school employee' shall not include any emergency or temporary employee or any other employee who works in a position otherwise covered by such term less than 60% of the time required to carry out the duties of such position.",

WEDNESDAY, MARCH 24, 1982

3139

so that when so amended said subsection (a) shall read as follows:
"(a) A 'public school employee' means an 'employee' as defined in subsection (5) of Section 2 of an Act establishing a retirement system for public school employees in the State public schools and other State-supported schools, approved April 30, 1969 (Ga. Laws 1969, p. 998), as the same now exists or may hereafter be amended. 'Public school employee' also means classroom aides, paraprofessionals, and noncertified administrative and clerical personnel. It is specifically provided, however, that the term 'public school employee' shall not include any emergency or temporary employee or any other employee who works in a position otherwise covered by such term less than 60% of the time required to carry out the duties of such position."
Section 2. Said Act is further amended by striking from the last sentence of Section 10 the word "employer" and inserting in lieu thereof the word "employee" so that when so amended Section 10 shall read as follows:
"Section 10. During any period in which an employee is covered under the health insurance plan authorized by this Act prior to the date of his retirement, there shall be withheld from each salary pay ment of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as may be established by the Board. During any month in which benefits are being paid by a public school employees' retirement system to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the Board with the consent of the recipient. The State Department of Education shall contribute to said Health Insurance Fund such portion of the costs of such benefits as may be established by the Board to maintain the employee contributions consistent with other health in surance plans administered by the Board."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Fincher of the 54th moved that the Senate adopt the Conference Com mittee Report on HB 153.

On the motion, 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 Deal Dean

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

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JOURNAL OF THE SENATE

Garner Gillis Greene Hill Holloway Horton Hudgins Hudson Kennedy

Kidd Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh

Those voting in the negative were Senators:

Coverdell Evans

Howard

Those not voting were Senators:

Ballard Barnes Brown of 47th

Coleman Land

Summers Sutton Tate Thompson Timmons Trulock Turner Walker Wessels
Tysiriger
Lester Starr

On the motion, the yeas were 45, nays 4; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 153.
Senator Hudgins of the 15th introduced Mrs. Constance Johnson, who was presented a copy of SR 381, which was read arid adopted on March 22, honoring her husband, Carlton Johnson.
The following resolutions of the Senate were read'and adopted:
SR 380. By Senator Kennedy of the 4th: A resolution commending Coach Erk Russell.
Senator Kennedy of the 4th introduced Coach Erk Russell and Dr. Dale Lick, the President of Georgia Southern College.
SR 406. By,Senators Robinson ofthe 27th, Coverdell of the 40th, Hill of the 29th and others: A resolution expressing appreciation to the Georgia Public Television Network.
Senator Robinson of the 27th introduced the "Lawmakers" staff of the Georgia Public Television'Netwb'rk.

WEDNESDAY, MARCH 24, 1982

3141

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

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.
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 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 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

Brown of 47th Garner

Howard

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

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

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JOURNAL OF THE SENATE

HB 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.
Senate Sponsor: Senator Wessels of the 2nd.

The Senate Committee on Special Judiciary offered the following amendment:

Amend HB 1224 by striking from line 19 of Page 1 the following: "by death or".

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment was adopted.

Senator Horton of the 17th offered the following amendment:

Amend HB 1224 by striking on Page 1, lines 14 and 15, the following words:
"so far developed as to be ordinarily called 'quick' ''.

On the adoption of the amendment, offered by Senator Horton of the 17th, the yeas were 4, nays 36, and the amendment was lost.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brannon Brantley Broun of 46th

Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Fincher of 52nd Foster Garner Gillis Greene Hill Holloway Horton Howard

Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

WEDNESDAY, MARCH 24, 1982

3143

McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton

Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Evans.

Those not voting were Senators:

Bowen Brown of 47th

Fincher of 54th

Stephens

On the passage of the bill, the yeas were 51, nays 1.

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

Senator Starr of the 44th assumed the Chair, at the direction of the President.

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.
Senate Sponsors: Senators Barker of the 18th and Dean of the 31 st.

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

On the passage of the 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 Cobb Coleman Coverdell

Deal Dean Eldridge English Engram Fincher of 52nd

3144
Foster Garner Gillis Greene Horton Howard Hudson Kennedy Kidd

JOURNAL OF THE SENATE

Land Lester McGill McKenzie Reynolds Robinson Scott Stumbaugh Summers

Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative were Senators Brown of 47th and Evans.

Those not voting were Senators:

Bond Bryant Fincher of 54th Hill

Holloway Hudgins Littlefield

Starr (presiding) Stephens Wessels

On the passage of the bill, the yeas were 44, nays 2.
The bill, having received the requisite constitutional majority, was passed.
Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.
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. Senate Sponsor: Senator Horton of the 17th.
The Senate Committee on Education offered the following substitute to HB 856:
A BILL
To be entitled an Act to provide that posters or framed copies representing our national motto and American flag may 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; to provide the method of acquir ing such copies or posters; to amend the Official Code of Georgia An notated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 24, 1982

3145

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. (a) Local school superintendents of the public schools in this state and the appropriate administrative officials of the various in stitutions and agencies of this state, provided that sufficient funds or the items themselves are available as provided in subsection jb) of this sec tion, are authorized to place a durable poster or framed copy represent ing the following which may 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:
(1) Our national motto, "In God We Trust'';
(2) A true and correct representation of the American Flag, which shall be centered under the national motto; and
(3) A true and correct representation of the Georgia state flag.
(b) The copies or posters authorized by this Act shall either be donated or shall be purchased solely with funds made available through voluntary contributions to the local school boards in the case of displays in public schools or to the Georgia Building Authority in the case of displays in state buildings and facilities.
Part 2
Section 2. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, is amended by add ing a new Code Section 50-3-4.1 to read as follows:
"50-3-4.1. (a) Local school superintendents of the public schools in this state and the appropriate administrative officials of the various institutions and agencies of this state, provided that sufficient funds or the items themselves are available as provided in subsection (b) of this Code section, are authorized to place a durable poster or framed copy representing the following which may 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:
(1) Our national motto, 'In God We Trust';
(2) A true and correct representation of the American flag, which shall be centered under the national motto; and
(3) A true and correct representation of the Georgia state flag.
(b) The copies or posters authorized by this Code section shall either be donated or shall be purchased solely with funds made available through voluntary contributions to the local school boards in the case of displays in public schools or to the Georgia Building Authority in the case of displays in state buildings and facilities."

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Parts
Section 3. A copy of this Act shall be mailed directly to each school board in this state. A copy of this Act shall be mailed directly to each board member, school superintendent, and curriculum director of the state school system of Georgia.
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 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 Dean Eldridge English

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

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

Not voting were Senators Barker and Holloway (presiding].

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

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

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.
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Special Judiciary offered the following substitute to HB813:
A BILL
To be entitled an Act to amend Code Title 26, relating to crimes and offenses, as amended, so as to make racketeering activity a crime which will authorize an investigation warrant; to change certain definitions and provide for additional definitions under the Georgia RICO (Racketeer In fluenced and Corrupt Organizations) Act; to change the provisions related to prohibited activities under the RICO Act; to change the provi sions relating to forfeitures under said Act; to provide for reciprocity with other jurisdictions with respect to the RICO Act; to provide for venue, use of prior convictions, and the expedition of actions under the RICO Act; to provide procedures for forfeiture of certain property to the state; to specify when title to certain property vests in the state; to pro vide circumstances for forfeiture of fair market value of such property; to provide for a RICO lien notice; to provide for effect of notice; to specify powers of investigative agencies; to specify duties and liabilities of trustees; to provide exceptions; to specify the term of the notice; to re quire alien corporations to file certain information; to provide for costs and attorney's fees; to provide penalties; 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. Code Title 26, relating to crimes and offenses, as amend ed, is amended by striking in its entirety subsection (c) of Code Section 26-3004 and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) When there is probable cause to believe that a person is com mitting or has committed an act which endangers the national securi ty of the United States or the security of this State or that such person

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is committing or has committed the crime of treason, insurrection, rebellion, espionage, sabotage, or any felony involving bodily harm, or any crimes involving arson, kidnapping, narcotics, dangerous drugs, importation, or sale of marijuana, burglary, prostitution, theft, blackmail, extortion, bribery, gambling, racketeering activity, or any felony involving alcoholic beverage laws, auto thefts, or there is prob able cause to believe that a private place is being utilized or has been utilized for the commission of any such crime, then, upon written ap plication, under oath, of the district attorney of the circuit wherein the device is to be physically placed, or the Attorney General, which ap plication affirms that there is probable cause to believe (1) that a per son is committing or has committed any of the crimes enumerated in this subsection, or (2) that a private place is being utilized or has been utilized for the commission of any of the crimes enumerated in this subsection and sets forth specifically the basis of such probable cause and particularly describes the person or place, the crime or crimes, the device or devices to be used, and the specific conversations and activities to be overheard and observed, as the case may be, any judge of the superior court of the circuit aforesaid may issue an investiga tion warrant permitting the use of devices, as defined by Section 26-3009, for the surveillance of such person or place provided such warrant specifies with particularity the device or devices the use of which is to be thereby permitted, the purpose, duration and cir cumstances of use permitted, the crime or crimes allegedly being committed, and the person or persons and place or places to be sub ject to such surveillance."
Section 2. Said Code title is further amended by striking in its entire ty Code Section 26-3402 and inserting in lieu thereof a new Code Section 26-3402 to read as follows:
"26-3402. Definitions. As used in this chapter:
(a) 'Racketeering activity' means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the following Georgia laws:
(1) Code Chapter 79A-8, relating to controlled substances.
(2) Code Chapter 79A-7, known as the 'Dangerous Drugs Act.'
(3) Subsection (j) of Code Section 79A-811, relating to marijuana.
(4) Code Chapter 26-11, relating to homicide.
(5) Code Chapter 26-13, relating to bodily injury and related offenses.
(6) Code Chapter 26-14, relating to arson.
(7) Code Section 26-1601, relating to burglary.
(8) Code Section 26-1701, relating to forgery in the first degree.
(9) Code Chapter 26-18, relating to theft.

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(10) Code Chapter 26-19, relating to robbery.
(11) Code Sections 26-2012, 26-2013, 26-2014, 26-2016, and 26-2017, relating to prostitution and pandering.
(12) Code Section 26-2101, relating to distributing obscene materials.
(13) Code Section 26-2301, relating to bribery.
(14) Code Section 26-2313, relating to influencing witnesses.
(15) Code Chapter 26-24, relating to perjury and other falsifica tions.
(16) Code Section 26-2510, relating to tampering with evidence.
(17) Code Section 26-2703, relating to commercial gambling.
(18) Code Section 58-206, relating to distilling or making liquors.
(19) An Act known as the 'Georgia Firearms and Weapons Act,' approved April 8, 1968 (Ga. L. 1968, p. 983), as amended.
(20) An Act to prohibit certain unauthorized transfers and reproductions of recorded material, approved February 27, 1975 (Ga. L. 1975, p. 44), as amended.
(21) Any willful violation of an Act known as the 'Georgia Securities Act of 1973,' approved April 18, 1973 (Ga. L. 1973, p. 1203), as amended.
(22) Code Section 5A-514, relating to distilling, manufacturing, making, or transportation of alcoholic beverages.
(23) Code Sections 26-1705.1, 26-1705.2, 26-1705.3, and 26-1705.4, relating to the unlawful use of financial transaction cards.
(24) Subsection (a) of Section 31 of an Act approved March 3, 1963 (Ga. L. 1961, p. 68, Ga. Code Ann. Section 68-431a), as amended, relating to offenses involving certificates of title for motor vehicles.
(25) Subsections (b), (c), and (d) of Section 34 of an Act approved March 3, 1961 (Ga. L. 1961, p. 68, Ga. Code Ann. Section 68-434a), as amended, relating to removed, altered, or unauthorized identification numbers on motor vehicles.
(26) Code Section 26-1506, relating to use of an article with an altered identification mark.
(27) An Act approved April 9, 1981 (Ga. L. 1981, p. 947), known as the 'Georgia Computer Systems Protection Act.'
(28) Any conduct defined as 'racketeering activity' under 18 U.S.C. 1961 (1)(A), (B), (C), and (D).

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(b) 'Racketeering activity' shall also mean any act or threat involv ing murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs, or dealing in securities which is chargeable under the laws of the United States or any of the several states and which is punishable by imprisonment for more than one year.
(c| 'Enterprise' means any person, sole proprietorship, partner ship, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental as well as other entities.
jd) 'Pattern of racketeering activity' means engaging in at least two incidents of racketeering activity that have the same or similar in tents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this chapter and that the last of such in cidents occurred within four years, excluding any periods of im prisonment, after the commission of a prior act of racketeering activi ty-
(e) 'Documentary material' means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which informa tion can be obtained or from which information can be translated into useable form, or other tangible item.
(f) 'RICO lien notice' means the notice described in Code Section 26-3412.
(g) 'Investigative agency' means the Department of Law or the of fice of any district attorney.
(h) (1) 'Beneficial interest' means either of the following:
(A) The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or
(B) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person.
(2) 'Beneficial interest' does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located.

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(1) 'Real property' means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.
(j) (1) 'Trustee' means either of the following:
(A) Any person who holds legal or record title to real property for which any other person has a beneficial interest; or
(B) Any successor trustee or trustees to any of the foregoing per sons.
(2) 'Trustee' does not include the following:
(A) Any person appointed or acting as a personal representative under Title 49, relating to guardian and ward, or under Code Chapter 113-11 or 113-12, relating to the administration of estates; or
(B) Any person appointed or acting as a trustee of any testamen tary trust or as trustee of any indenture of trust under which any bonds are or are to be issued.
jk) 'Criminal proceeding' means any criminal proceeding com menced by an investigative agency under any provision of this chapter.
(1| 'Civil proceeding' means any civil proceeding commenced by an investigative agency under any provision of this chapter.
(m| 'Alien corporation' means a corporation organized under laws other than the laws of the United States or the laws of any state of the United States."
Section 3. Said Code title is further amended by adding at the end of Code Section 26-3403 a new subsection to read as follows:
"(c) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsections (a) or (b) of this Code sec tion."
Section 4. Said Code title is further amended by striking in its entire ty paragraph (2) of subsection (d) of Code Section 26-3405 and inserting in lieu thereof a new paragraph (2| to read as follows:
"(2) Seizure may be effected by a law enforcement officer authorized to enforce the penal laws of this state prior to the filing of the complaint and without a writ of seizure if the seizure is incident to a lawful arrest, search, or inspection and the officer has probable cause to believe the property is subject to forfeiture and will be lost or destroyed if not seized. Within ten days of the date of seizure, such seizure shall be reported by said officer to the district attorney of the circuit in which the seizure is effected; and the district attorney shall, within a reasonable time after receiving notice of seizure, file a com plaint for forfeiture. The complaint shall state, in addition to the infor mation required in paragraph (1) of this subsection (d), the date and place of seizure."

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Section 5. Said Code title is further amended by adding at the end of Code Section 26-3405 two new subsections to read as follows:
"(k) In lieu of the provisions of subsections (c) through (e), the state may bring an in personum action for the forfeiture of any proper ty subject to forfeiture under subsection (a) of this Code section.
(1) (1) Upon the entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall:
(A) In the case of real property or beneficial interest, relate back to the date of filing of the RICO lien notice in the official records of the county where the real property or beneficial trust is located and, if no RICO lien notice is filed, then to the date of the filing of any notice of lis pendens pursuant to an Act providing for the filing of a lis pendens, approved February 21, 1939 (Ga. L. 1939, p. 345), as amended, in the official records of the county where the real property or beneficial in terest is located and, if no RICO lien notice or notice of lis pendens is so filed, then to the date of recording of the final judgment of forfeiture in the official records of the county where the real property or beneficial interest is located; and
(B) In the case of personal property, relate back to the date the personal property was seized by the investigating agency.
(2) If property subject to forfeiture is conveyed, alienated, dispos ed of, or otherwise rendered unavailable for forfeiture after the filing of a RICO lien notice or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the investigative agency may, on behalf of the state, institute an action in the appropriate superior court against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding; and the court shall enter final judgment against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal pro ceeding in an amount equal to the fair market value of the property, together with investigative costs and attorney's fees incurred by the investigative agency in the action. If a civil proceeding is pending, such action shall be filed only in the court where such civil proceeding is pending."
Section 6. Said Code title is further amended by adding at the end of Code Chapter 26-34 six new Code sections to read as follows:
"26-3409. Reciprocity with other jurisdictions, (a) Notwithstand ing any other provision of law, a valid judgment rendered by a court of a jurisdiction having a law substantially similar to this Code chapter will be recognized and enforced by the courts of this state to the ex tent that a judgment rendered by a court of this state pursuant to this Code chapter would be enforced in such other jurisdiction.
(b) The Attorney General is hereby authorized to enter into reciprocal agreements with the attorney general or chief prosecuting attorney of any jurisdiction having a law substantially similar to this Code chapter so as to further the purposes of this Code chapter.

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26-3410. Venue; prior convictions. In any criminal proceeding brought pursuant to this Code chapter, the crime shall be considered to have been committed in any county in which an incident of racketeering occurred or in which an interest or control of an enter prise or real or personal property is acquired or maintained.
26-3411. Expedition of actions. This state may, in any civil action brought pursuant to this chapter, file with the clerk of the superior court a certificate stating that the case is of special public importance. A copy of that certificate shall be furnished immediately by such clerk to the chief judge or, in his absence, the presiding chief judge of the superior court in which such action is pending; and, upon receipt of such copy, the judge shall immediately designate a judge to hear and determine the action. The judge so designated shall promptly assign such action for hearing, participate in the hearings and determination, and cause the action to be expedited.
26-3412. RICO lien notice, (a) Upon the institution of any civil proceeding, the investigative agency then or at any time during the pendency of the proceeding may file in the official records of any one or more counties a RICO lien notice. No filing fee or other charge shall be required as a condition for filing the RICO lien notice; and the clerk of the superior court shall, upon the presentation of a RICO lien notice, immediately record it in the official records.
(b) The RICO lien notice shall be signed by the Attorney General or his designee or by a district attorney or his designee. The notice shall be in such form as the Attorney General prescribes and shall set forth the following information:
(1) The name of the person against whom the civil proceeding has been brought. In its discretion, the investigative agency may also name in the RICO lien notice any other aliases, names, or fictitious names under which the person may be known. In its discretion, the investigative agency may also name in the RICO lien notice any cor poration, partnership, or other entity that is either controlled by or en tirely owned by the person;
(2) If known to the investigative agency, the present residence and business addresses of the person named in the RICO lien notice and of the other names set forth in the RICO lien notice;
(3) A reference to the civil proceeding stating that a proceeding under this chapter has been brought against the person named in the RICO lien notice, the name of the county or counties where the pro ceeding has been brought, and, if known to the investigative agency at the time of filing the RICO lien notice, the case number of the pro ceeding;
(4) A statement that the notice is being filed pursuant to Code Chapter 26-34; and
(5) The name and address of the investigative agency filing the RICO lien notice and the name of the individual signing the RICO lien notice.

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(c) A RICO lien notice shall apply only to one person and, to the extent applicable, any aliases, fictitious names, or other names, in cluding names of corporations, partnerships, or other entities, to the extent permitted in subsection (a). A separate RICO lien notice shall be filed for any other person against whom the investigative agency desires to file a RICO lien notice under this Code section.
(d) The investigative agency shall, as soon as practicable after the filing of each RICO lien notice, furnish to the person named in the notice either a copy of the recorded notice or a copy of the notice with a notation thereon of the county or counties in which the notice has been recorded. The failure of the investigative agency to so furnish a copy of the notice under this subsection shall not invalidate or other wise affect the notice.
(e) The filing of a RICO lien notice creates, from the time of its fil ing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice:
(1) Any real property situated in the county where the notice is fil ed then or thereafter owned by the person or under any of the names; and
(2) Any beneficial interest situated in the county where the notice is filed then or thereafter owned by the person or under any of the names.
(f) The lien shall commence and attach as of the time of filing'of the RICO lien notice and shall continue thereafter until expiration, termination, or release pursuant to Code Section 26-3413. The lien created in favor of the state shall be superior and prior to the interest of any other person in the real property or beneficial interest if the in terest is acquired subsequent to the filing of the notice.
(g) In conjunction with any civil proceeding:
(1) The investigative agency may file without prior court order in any county a lis pendens and, in such case, any person acquiring an interest in the subject real property or beneficial interest, if the real property or beneficial interest is acquired subsequent to the filing of lis pendens, shall take the interest subject to the civil proceeding and any subsequent judgment of forfeiture; and
(2] If a RICO lien notice has been filed, the investigative agency may name as defendants, in addition to the person named in the notice, any persons acquiring an interest in the real property or beneficial interest subsequent to the filing of the notice. If a judgment of forfeiture is entered in the proceeding in favor of the state, the in terest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture.

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(h) (1) A trustee who acquires actual knowledge that a RICO lien notice or a civil proceeding or criminal proceeding has been filed against any person for whom he holds legal or record title to real prop erty shall immediately furnish to the investigative agency the follow ing:
(A) The name and address of the person, as known to the trustee;
(B) The name and address, as known to the trustee, of all other persons for whose benefit the trustee holds title to the real property; and
(C) If requested by the investigative agency, a copy of the trust agreement or other instrument pursuant to which the trustee holds legal or record title to the real property.
(2) Any trustee who fails to comply with the provisions of this subsection is guilty of a misdemeanor.
(i) Any trustee who conveys title to real property for which a RICO lien notice has been filed at the time of the conveyance in the county where the real property is situated naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust shall be liable to the state for the greater of:
(1) The amount of proceeds received directly by the person named in the RICO lien notice as a result of the conveyance;
(2) The amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the RICO lien notice; or
(3) The fair market value of the interest of the person named in the RICO lien notice in the real property so conveyed; however, if the trustee conveys the real property and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or his designee, the trustee's liability shall not ex ceed the amount of the proceeds so held for so long as the proceeds are held by the trustee.
(j) The filing of a RICO lien notice shall not constitute a lien on the record title to real property as owned by the trustee except to the ex tent the trustee is named in the RICO lien notice. The investigative agency may bring a civil proceeding in any superior court against the trustee to recover from the trustee the amounts set forth in subsection |ij, and the state shall also be entitled to recover investigative costs and attorney's fees incurred by the investigative agency.
(k) The filing of a RICO lien notice shall not affect the use to which real property or a beneficial interest owned by the person named in the RICO lien notice may be put or the right of the person to receive any avails, rents, or other proceeds resulting from the use and ownership, but not the sale, of the property until a judgment of forfeiture is entered.

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(1) (1) The provisions of this Code section shall not apply to any conveyance by a trustee pursuant to a court order unless such court order is entered in an action between the trustee and the beneficiary.
(2) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a RICO lien notice or is otherwise a defendant in a civil proceeding, the provisions of this Code section shall not apply to:
(A) Any conveyance by a trustee required under the terms of any trust agreement, which trust agreement is a matter of public record prior to the filing of any RICO lien notice;
or
(B) Any conveyance by a trustee to all of the persons who own a beneficial interest in the trust.
(m) All forfeitures or dispositions under this Code section shall be made with due provision for the rights of innocent persons.
26-3413. Term, (a) The term of a RICO lien notice shall be for a period of six years from the date of filing unless a renewal RICO lien notice has been filed by the investigative agency; and, in such case, the term of the renewal RICO lien notice shall be for a period of six years from the date of its filing. The investigative agency shall be en titled to only one renewal of the RICO lien notice.
(b) The investigative agency filing the RICO lien notice may release in whole or in part any RICO lien notice or may release any specific real property or beneficial interest from the RICO lien notice upon such terms and conditions as it may determine. Any release of a RICO lien notice executed by the investigative agency may be filed in the official records of any county. No charge or fee shall be imposed for the filing of any release of a RICO lien notice.
(c) If no civil proceeding has been instituted by the investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in the criminal pro ceeding of the person named in the RICO lien notice or the dismissal of the criminal proceeding shall terminate the RICO lien notice; and, in such case, the filing of the RICO lien notice shall have no effect. In the event the criminal proceeding has been dismissed or the person named in the RICO lien notice has been acquitted in the criminal pro ceeding, the RICO lien notice shall continue for the duration of the civil proceeding.
(d) If no civil proceeding is then pending against the person named in a RICO lien notice, any person named in a RICO lien notice may in stitute an action against the investigative agency filing the notice in the county where the notice has been filed seeking a release or ex tinguishment of the notice; and, in such case:
(1) The court shall, upon the motion of such person, immediately enter an order setting a date for hearing, which date shall be not less than five nor more than ten days after the suit has been filed; and the

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order, along with a copy of the complaint, shall be served on the in vestigative agency within three days after the institution of the suit. At the hearing, the court shall take evidence on the issue of whether any real property or beneficial interest owned by such person is covered by the RICO lien notice or otherwise subject to forfeiture under the Georgia RICO Act; and, if such person shows by the preponderance of the evidence that the RICO lien notice is not applicable to him or that any real property or beneficial interest owned by him is not subject to forfeiture under this chapter, the court shall enter a judgment ex tinguishing the RICO lien notice or releasing the real property or beneficial interest from the RICO lien notice;
(2) The court shall immediately enter its order releasing from the RICO lien notice any specific real property or beneficial interest if a sale of the real property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest; however, the proceeds resulting from the sale of the real property or beneficial interest shall be deposited into the registry of the court, subject to the further order of the court; and
(3) At the hearing set forth in paragraph (1), the court may release from the RICO lien notice any real property or beneficial interest upon the posting by such person of such security as is equal to the value of the real property or beneficial interest owned by such person.
(e) In the event a civil proceeding is pending against a person named in a RICO lien notice, the court, upon motion by said person, may grant the relief set forth herein.
26-3414. Alien corporations, (a) Each alien corporation desiring to acquire of record any real property shall have, prior to acquisition, and shall continuously maintain in this state during any year thereafter in which such real property is owned by the alien corpora tion:
(1) A registered office; and
(2) A registered agent, which agent may be either:
(A) An individual resident in this state whose business office is identical with such registered office; or
(B) Another corporation authorized to transact business in this state having a business office identical with such registered office.
(b) Each registered agent appointed pursuant to this Code section, on whom process may be served, shall file a statement in writing with the Secretary of State accepting the appointment as registered agent simultaneously with being designated.

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(c) Each alien corporation shall file with the Secretary of State no earlier than January 1 and no later than July 1 of each year a sworn report on such forms as the Secretary of State shall prescribe setting forth:
(1) The name of the alien corporation;
(2) The street address of the principal office of the alien corpora tion;
(3) The name and street address of each officer and each director of the alien corporation;
(4) The name and street address of the registered agent and registered office of the alien corporation; and
(5) The signature of the corporate president, vice president, secretary, assistant secretary, or treasurer attesting to the accuracy of the report as of the day immediately preceding filing of this report.
(d) The Secretary of State shall collect a filing fee of $15.00 for each such report filed and a fee of $20.00 plus the past year's fee for a late filing.
(e) The Secretary of State shall record the status of any alien cor poration that fails to comply with the requirements of this Code sec tion.
(f) Each alien corporation that fails to file a report as required by subsection jc) or fails to maintain a registered office and a registered agent as required by subsection (a) shall not be entitled to own, pur chase, or sell any real property and shall not be entitled to sue or de fend in the courts of the state until such requirements have been com plied with.
(g) The filing of a report by a corporation as required by subsec tion (c) shall be solely for the purposes of this chapter and, not withstanding Code Section 22-404 or any other relevant law, shall not be used as a determination of whether the corporation is actually do ing business in this state."
Part 2
Section 7. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 16-11-64 and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) When there is probable cause to believe that a person is com mitting or has committed an act which endangers the national securi ty of the United States or the security of this state or that such person is committing or has committed the crime of treason, insurrection, rebellion, espionage, sabotage, or any felony involving bodily harm, or any crimes involving arson, kidnapping, narcotics, dangerous

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drugs, importation or sale of marijuana, burglary, prostitution, theft, blackmail, extortion, bribery, gambling, racketeering activity, or any felony involving alcoholic beverage laws or auto thefts or there is probable cause to believe that a private place is being utilized or has been utilized for the commission of any such crime, then, upon writ ten application, under oath, of the district attorney of the circuit wherein the device is to be physically placed, or the Attorney General, which application affirms that there is probable cause to believe:
(A) That a person is committing or has committed any of the crimes enumerated in this paragraph; or
(B) That a private place is being utilized or has been utilized for the commission of any of the crimes enumerated in this paragraph and sets forth specifically the basis of such probable cause and par ticularly describes the person or place, the crime or crimes, the device or devices to be used, and the specific conversations and activities to be overheard or observed, as the case may be, any judge of the superior court of the circuit aforesaid may issue an investigation war rant permitting the use of devices, as defined by Code Section 16-11-60, for the surveillance of such person or place, provided the warrant specifies with particularity the device or devices the use of which is to be permitted thereby; the purpose, duration and cir cumstances of use permitted; the crime or crimes allegedly being committed; and the person or persons and place or places to be sub ject to such surveillance."
Section 8. Said title is further amended by striking in its entirety Code Section 16-14-3 and inserting in lieu thereof a new Code Section 16-14-3 to read as follows:
"16-14-3. As used in this chapter, the term:
(1) 'Enterprise' means any person, sole proprietorship, partner ship, corporation, business trust, union chartered under the laws of this state, or other legal entity; or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental as well as other entities.
(2) 'Pattern of racketeering activity' means engaging in at least two incidents of racketeering activity that have the same or similar in tents, results, accomplices; victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after July 1, 1980, and that the last of such incidents occurred within four years, excluding any periods of imprisonment, after the commis sion of a prior incident of racketeering activity.
(3) (A) 'Racketeering activity' means to commit, to attempt to com mit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the following laws of this state:

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(i) Article 2 of Chapter 13 of this title, relating to controlled substances;
(ii) Article 3 of Chapter 13 of this title, known as the 'Dangerous Drugs Act';
(iii| Subsection (j) of Code Section 16-13-30, relating to marijuana;
(iv| Article 1 of Chapter 5 of this title, relating to homicide;
(v) Article 2 of Chapter 5 of this title, relating to bodily injury and related offenses;
(vi) Article 3 of Chapter 7 of this title, relating to arson;
(vii) Code Section 16-7-1, relating to burglary;
(viii) Code Section 16-9-1, relating to forgery in the first degree;
(ix) Article 1 of Chapter 8 of this title, relating to theft;
(x) Article 2 of Chapter 8 of this title, relating to robbery;
(xi) Code Sections 16-6-9 through 16-6-12 and 16-6-14, relating to prostitution and pandering;
(xii) Code Section 16-12-80, relating to distributing obscene materials;
jxiii] Code Section 16-10-2, relating to bribery;
(xiv) Code Section 16-10-93, relating to influencing witnesses;
(xv) Article 4 of Chapter 9 of this title and Code Sections 16-10-20, 16-10-23, 16-10-91, and 16-10-95, relating to perjury and other falsifications;
(xvi) Code Section 16-10-94, relating to tampering with evidence;
(xvii) Code Section 16-12-22, relating to commercial gambling;
(xviii) Code Section 3-3-27, relating to distilling or making liquors;
(xix) Part 2 of Article 4 of Chapter 11 of this title, known as the 'Georgia Firearms and Weapons Act';
(xx) Code Section 16-8-60, relating to unauthorized transfers and reproductions of recorded material;
(xxi) Code Section 10-5-24, relating to violations of the 'Georgia Securities Act of 1973';
(xxii) Code Section 3-3-27, relating to the unlawful distillation, manufacture, and transportation of alcoholic beverages;

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(xxiii) Code Sections 16-9-31, 16-9-32, 16-9-33, and 16-9-34, relating to the unlawful use of financial transaction cards;
(xxiv) Code Section 40-3-90, relating to certain felonies involving certificates of title, security interest, or liens concerning motor vehicles;
(xxv) Code Section 40-4-21, relating to removal or falsification of identification numbers;
(xxvi) Code Section 40-4-22, relating to possession of motor vehi cle parts from which the identification has been removed;
(xxvii| Code Section 16-9-70, relating to use of an article with an altered identification mark;
(xxviii) Article 6 of Chapter 9 of this title, known as the 'Georgia Computer Systems Protection Act'; or
(xxix) Any conduct defined as 'racketeering activity' under 18 U.S.C. 1961 (1)|A), (B), (C), and (D).
(B) 'Racketeering activity' shall also mean any act or threat involv ing murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs, or dealing in securities which is chargeable under the laws of the United States or any of the several states and which is punishable by imprisonment for more than one year.
(4) 'Documentary material' means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which informa tion can be obtained or from which information can be translated into useable form, or other tangible item.
(5) 'RICO lien notice' means the notice described in Code Section 16-14-13.
(6) 'Investigative agency' means the Department of Law or the of fice of any district attorney.
(7) (A) 'Beneficial interest' means either of the following:
(i) The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person;
or
(ii) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person.

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(B) 'Beneficial interest' does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located.
(8) 'Real property' means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.
(9) (A] 'Trustee' means either of the following:
(i) Any person who holds legal or record title to real property for which any other person has a beneficial interest; or
(ii) Any successor trustee or trustees to any of the foregoing persons.
(B) Trustee' does not include the following:
(i) Any person appointed or acting as a personal representative under Title 29, relating to guardian and ward, or under Chapter 6 of Title 53, relating to the administration of estates; or
(ii) Any person appointed or acting as a trustee of any testamen tary trust or as trustee of any indenture of trust under which any bonds are or are to be issued.
(10) 'Criminal proceeding' means any criminal proceeding com menced by an investigative agency under any provision of this chapter.
(11) 'Civil proceeding' means any civil proceeding commenced by an investigative agency under any provision of this chapter.
(12) 'Alien corporation' means a corporation organized under laws other than the laws of the United States or the laws of any state of the United States.''
Section 9. Said title is further amended by adding at the end of Code Section 16-14-4 a new subsection, to be designated subsection (c), to read as follows:
"(c) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsections (a) or (b) of this Code section."
Section 10. Said title is further amended by striking in its entirety subsection (f) of Code Section 16-14-7 and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) Seizure may be effected by a law enforcement officer authorized to enforce the penal laws of this state prior to the filing of the complaint and without a writ of seizure if the seizure is incident to a lawful arrest, search, or inspection and the officer has probable cause to believe the

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property is subject to forfeiture and will be lost or destroyed if not seized. Within ten days of the date of seizure, the seizure shall be reported by the officer to the district attorney of the circuit in which the seizure is ef fected; and the district attorney shall, within a reasonable time after receiving notice of seizure, file a complaint for forfeiture. The complaint shall state, in addition to the information required in subsection (e) of this Code section, the date and place of seizure."
Section 11. Said title is further amended by adding at the end of Code Section 16-14-7 two new subsections, to be designated subsections (m) and jn), to read as follows:
"(m) In lieu of the provisions of subsections (c) through (g), the state may bring an in personum action for the forfeiture of any proper ty subject to forfeiture under subsection (a) of this Code section.
(n) (1) Upon the entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall:
(A) In the case of real property or beneficial interest, relate back to the date of filing of the RICO lien notice in the official records of the county where the real property or beneficial trust is located and, if no RICO lien notice is filed, then to the date of the filing of any notice of lis pendens under Article 9 of Chapter 14 of Title 44 in the official records of the county where the real property or beneficial interest is located and, if no RICO lien notice or notice of lis pendens is so filed, then to the date of recording of the final judgment of forfeiture in the official records of the county where the real property or beneficial in terest is located; and
(B) In the case of personal property, relate back to the date the personal property was seized by the investigating agency.
(2) If property subject to forfeiture is conveyed, alienated, dispos ed of, or otherwise rendered unavailable for forfeiture after the filing of a RICO lien notice or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the investigative agency may, on behalf of the state, institute an action in the appropriate superior court against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding; and the court shall enter final judgment against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal pro ceeding in an amount equal to the fair market value of the property, together with investigative costs and attorney's fees incurred by the investigative agency in the action. If a civil proceeding is pending, such action shall be filed only in the court where such civil proceeding is pending."
Section 12. Said Code title is further amended by adding at the end of Chapter 14, immediately following Code Section 16-14-9, six new Code sections to read as follows:
"16-14-10. (a) Notwithstanding any other provision of law, a valid judgment rendered by a court of a jurisdiction having a law substantially similar to this chapter will be recognized and enforced

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by the courts of this state to the extent that a judgment rendered by a court of this state pursuant to this chapter would be enforced in such other jurisdiction.
(b) The Attorney General is authorized to enter into reciprocal agreements with the attorney general or chief prosecuting attorney of any jurisdiction having a law substantially similar to this chapter so as to further the purposes of this chapter.
16-14-11. In any criminal proceeding brought pursuant to this chapter, the crime shall be considered to have been committed in any county in which an incident of racketeering occurred or in which an interest or control of an enterprise or real or personal property is ac quired or maintained.
16-14-12. This state may, in any civil action brought pursuant to this chapter, file with the clerk of the superior court a certificate stating that the case is of special public importance. A copy of that cer tificate shall be furnished immediately by such clerk to the chief judge or, in his absence, the presiding chief judge of the superior court in which such action is pending; and, upon receipt of such copy, the judge shall immediately designate a judge to hear and determine the action. The judge so designated shall promptly assign such action for hearing, participate in the hearings and determination, and cause the action to be expedited.
16-14-13. (a) Upon the institution of any civil proceeding, the in vestigative agency then or at any time during the pendency of the pro ceeding may file in the official records of any one or more counties a RICO lien notice. No filing fee or other charge shall be required as a condition for filing the RICO lien notice; and the clerk of the superior court shall, upon the presentation of a RICO lien notice, immediately record it in the official records.
(b) The RICO lien notice shall be signed by the Attorney General or his designee or by a district attorney or his designee. The notice shall be in such form as the Attorney General prescribes and shall set forth the following information:
(1) The name of the person against whom the civil proceeding has been brought. In its discretion, the investigative agency may also name in the RICO lien notice any other aliases, names, or fictitious names under which the person may be known. In its discretion, the investigative agency may also name in the RICO lien notice any cor poration, partnership, or other entity that is either controlled by or en tirely owned by the person;
(2) If known to the investigative agency, the present residence and business addresses of the person named in the RICO lien notice and of the other names set forth in the RICO lien notice;
(3) A reference to the civil proceeding stating that a proceeding under this chapter has been brought against the person named in the RICO lien notice, the name of the county or counties where the pro-

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ceeding has been brought, and, if known to the investigative agency at the time of filing the RICO lien notice, the case number of the pro ceeding;
(4) A statement that the notice is being filed pursuant to this chapter; and
(5) The name and address of the investigative agency filing the RICO lien notice and the name of the individual signing the RICO lien notice.
(c) A RICO lien notice shall apply only to one person and, to the extent applicable, any aliases, fictitious names, or other names, in cluding names of corporations, partnerships, or other entities, to the extent permitted in paragraph (1) of subsection (b). A separate RICO lien notice shall be filed for any other person against whom the in vestigative agency desires to file a RICO lien notice under this Code section.
(d) The investigative agency shall, as soon as practicable after the filing of each RICO lien notice, furnish to the person named in the notice either a copy of the recorded notice or a copy of the notice with a notation thereon of the county or counties in which the notice has been recorded. The failure of the investigative agency to so furnish a copy of the notice under this subsection shall not invalidate or other wise affect the notice.
(e) The filing of a RICO lien notice creates, from the time of its fil ing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice:
(1) Any real property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names; and
(2) Any beneficial interest situated in the county where the notice is filed then or thereafter owned by the person or under any of the names.
jf) The lien shall commence and attach as of the time of filing of the RICO lien notice and shall continue thereafter until expiration, termination, or release pursuant to Code Section 16-14-14. The lien created in favor of the state shall be superior and prior to the interest of any other person in the real property or beneficial interest if the in terest is acquired subsequent to the filing of the notice.
(g) In conjunction with any civil proceedings:
(1) The investigative agency may file without prior court order in any county a lis pendens and, in such case, any person acquiring an interest in the subject real property or beneficial interest, if the real property or beneficial interest is acquired subsequent to the filing of lis pendens, shall take the interest subject to the civil proceeding and any subsequent judgment of forfeiture; and

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(2) If a RICO lien notice has been filed, the investigative agency may name as defendants, in addition to the person named in the notice, any persons acquiring an interest in the real property or beneficial interest subsequent to the filing of the notice. If a judgment of forfeiture is entered in the proceeding in favor of the state, the in terest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture.
(h) (1) A trustee who acquires actual knowledge that a RICO lien notice or a civil proceeding or criminal proceeding has been filed against any person for whom he hold legal or record title to real prop erty shall immediately furnish to the investigative agency the following:
(A) The name and address of the person, as known to the trustee;
(B) The name and address, as known to the trustee, of all other persons for whose benefit the trustee holds title to the real property; and
(C) If requested by the investigative agency, a copy of the trust agreement or other instrument pursuant to which the trustee holds legal or record title to the real property.
(2) Any trustee who fails to comply with the provisions of this subsection is guilty of a misdemeanor.
(i) Any trustee who conveys title to real property for which a RICO lien notice has been filed at the time of the conveyance in the county where the real property is situated naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust shall be liable to the state for the greater of:
(1) The amount of proceeds received directly by the person named in the RICO lien notice as a result of the conveyance;
(2) The amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the RICO lien notice; or
(3) The fair market value of the interest of the person named in the RICO lien notice in the real property so conveyed; however, if the trustee conveys the real property and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or his designee, the trustee's liability shall not ex ceed the amount of the proceeds so held for so long as the proceeds are held by the trustee.
(j) The filing of a RICO lien notice shall not constitute a lien on the record title to real property as owned by the trustee except to the extent the trustee is named in the RICO lien notice. The investigative agency may bring a civil proceeding in any superior court against the trustee to recover from the trustee the amounts set forth in subsection (i), and the state shall also be entitled to recover investigative costs and attorney's fees incurred by the investigative agency.

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(k) The filing of a RICO lien notice shall not affect the use to which real property or a beneficial interest owned by the person nam ed in the RICO lien notice may be put or the right of the person to receive any avails, rents, or other proceeds resulting from the use and ownership, but not the sale, of the property until a judgment of forfeiture is entered.
(1) (1) The provisions of this Code section shall not apply to any conveyance by a trustee pursuant to a court order unless such court order is entered in an action between the trustee and the beneficiary.
(2) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a RICO lien notice or is otherwise a defendant in a civil proceeding, the provisions of this Code section shall not apply to:
(A) Any conveyance by a trustee required under the terms of any trust agreement, which trust agreement is a matter of public record prior to the filing of any RICO lien notice; or
(B| Any conveyance by a trustee to all of the persons who own a beneficial interest in the trust.
(m) All forfeitures or dispositions under this Code section shall be made with due provision for the rights of innocent persons.
16-14-14. (a) The term of a RICO lien notice shall be for a period of six years from the date of filing unless a renewal RICO lien notice has been filed by the investigative agency; and, in such case, the term of the renewal RICO lien notice shall be for a period of six years from the date of its filing. The investigative agency shall be entitled to only one renewal of the RICO lien notice.
(b) The investigative agency filing the RICO lien notice may release in whole or in part any RICO lien notice or may release any specific real property or beneficial interest from the RICO lien notice upon such terms and conditions as it may determine. Any release of a RICO lien notice executed by the investigative agency may be filed in the official records of any county. No charge or fee shall be imposed for the filing of any release of a RICO lien notice.
(c) If no civil proceeding has been instituted by the investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in the criminal pro ceeding of the person named in the RICO lien notice or the dismissal of the criminal proceeding shall terminate the RICO lien notice; and, in such case, the filing of the RICO lien notice shall have no effect. In the event the criminal proceeding has been dismissed or the person named in the RICO lien notice has been acquitted in the criminal pro ceeding, the RICO lien notice shall continue for the duration of the civil proceeding.

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(d) If no civil proceeding is then pending against the person named in a RICO lien notice, any person named in a RICO lien notice may institute an action against the investigative agency filing the notice in the county where the notice has been filed seeking a release or extinguishment of the notice; and, in such case:
(1) The court shall, upon the motion of such person, immediately enter an order setting a date for hearing, which date shall be not less than five nor more than ten days after the action has been filed; and the order, along with a copy of the complaint, shall be served on the investigative agency within three days after the institution of the ac tion. At the hearing, the court shall take evidence on the issue of whether any real property or beneficial interest owned by such per son is covered by the RICO lien notice or otherwise subject to forfeiture under this chapter; and, if such person shows by the preponderance of the evidence that the RICO lien notice is not ap plicable to him or that any real property or beneficial interest owned by him is not subject to forfeiture under this chapter, the court shall enter a judgment extinguishing the RICO lien notice or releasing the real property or beneficial interest from the RICO lien notice;
(2) The court shall immediately enter its order releasing from the RICO lien notice any specific real property or beneficial interest if a sale of the real property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest; however, the proceeds resulting from the sale of the real property or beneficial interest shall be deposited into the registry of the court, subject to the further order of the court; and
(3) At the hearing set forth in paragraph (1), the court may release from the RICO lien notice any real property or beneficial interest upon the posting by such person of such security as is equal to the value of the real property or beneficial interest owned by such person.
(e) In the event a civil proceeding is pending against a person named in a RICO lien notice, the court, upon motion by said person, may grant the relief set forth herein.
16-14-15. (a) Each alien corporation desiring to acquire of record any real property shall have, prior to acquisition, and shall con tinuously maintain in this state during any year thereafter in which such real property is owned by the alien corporation:
(1) A registered office; and
(2) A registered agent, which agent may be either:
(A) An individual resident in this state whose business office is identical with such registered office; or
(B) Another corporation authorized to transact business in this state having a business office identical with such registered office.

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(b) Each registered agent appointed pursuant to this Code section, on whom process may be served, shall file a statement in writing with the Secretary of State accepting the appointment as registered agent simultaneously with being designated.
(c) Each alien corporation shall file with the Secretary of State no earlier than January 1 and no later than July 1 of each year a sworn report on such forms as the Secretary of State shall prescribe setting forth:
(1) The name of the alien corporation;
(2) The street address of the principal office of the alien corpora tion;
(3) The name and street address of each officer and each director of the alien corporation;
(4) The name and street address of the registered agent and registered office of the alien corporation; and
(5) The signature of the corporate president, vice president, secretary, assistant secretary, or treasurer attesting to the accuracy of the report as of the day immediately preceding filing of this report.
(d) The Secretary of State shall collect a filing fee of $15.00 for each such report filed and a fee of $20.00 plus the past year's fee for a late filing.
(e) The Secretary of State shall record the status of any alien cor poration that fails to comply with the requirements of this Code sec tion.
(f) Each alien corporation that fails to file a report as required by subsection (c) or fails to maintain a registered office and a registered agent as required by subsection (a) shall not be entitled to own, pur chase, or sell any real property and shall not be entitled to bring an ac tion or defend in the courts of the state until such requirements have been complied with.
(g) The filing of a report by a corporation as required by subsec tion (c) shall be solely for the purposes of this chapter and, not withstanding Code Section 14-2-63 or any other relevant law, shall not be used as a determination of whether the corporation is actually do ing busines in this state."
Part 3
Section 13. (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.

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Section 14. 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Fincher of 54th Foster

Holloway (presiding)

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

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.
Senate Sponsor: Senator Greene of the 26th.

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The Senate Committee on Judiciary offered the following substitute to HB 1290:

A BILL
To be entitled an Act to amend Code Chapter 27-15, relating to demurrers and special pleas, as amended, particularly by an Act ap proved April 8, 1977 (Ga. L. 1977, p. 1293), so as to change provisions relating to the plea of insanity at the time of the commission of a crime; to change the procedures to be followed regarding such a plea; to provide for a verdict of guilty but mentally ill; 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 Chapter 27-15, relating to demurrers and special pleas, as amended, particularly by an Act approved April 8, 1977 (Ga. L. 1977, p. 1293), is amended by striking Code Section 27-1503 and insert ing in its place a new Code section to read as follows:
"27-1503. Insanity and incompetency. (a) Definitions. For pur poses of this Code section:
(1) 'Insane at the time of the crime' means meeting the criteria of Code Section 26-702 or 26-703. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial con duct.
(2) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life or having a state of significantly subaverage general intellectual functioning ex isting concurrently with defects of adaptive behavior which originates in the developmental period. The term 'mentally ill' shall not include a mental state manifested only by repeated unlawful or antisocial con duct.
(b) Verdict; finding as to insanity. In all cases in which the defense of insanity is interposed the jury, or the court if tried by it, shall find whether the defendant is:
(1) Guilty;
(2) Not guilty;
(3) Not guilty by reason of insanity at the time of the crime; or
(4) Guilty but mentally ill at the time of the crime, but the finding of guilty but mentally ill shall be made only in felony cases.

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(c) Jury instructions; finding as to insanity. In all criminal trials of any of the courts of this state wherein an accused shall contend that he was insane or otherwise 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 they may consider, in addition to ver dicts of 'guilty' and 'not guilty,' the additional verdicts of 'not guilty by reason of insanity at the time of the crime' and 'guilty but mentally ill at the time of the crime.'
(1) The defendant may be found 'not guilty by reason of insanity at the time of the crime' if he meets the criteria of Code Section 26-702 or 26-703 at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict.
(2) The defendant may be found 'guilty but mentally ill at the time of the crime' if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the defendant is guilty of the crime charged and was mentally ill at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its ver dict.
(d) Evaluation of present mental condition. Whenever a defendant is found not guilty by reason of insanity at the time of the crime, the court shall retain jurisdiction over the person so acquitted and shall order such person to be detained in a state mental health facility, to be selected by the Department of Human Resources, for a period not to exceed 30 days from the date of the acquittal order, for evaluation of the defendant's present mental condition. Upon completion of the evaluation, the proper officials of the mental health facility shall send a report of the defendant's present mental condition to the trial judge, the prosecuting attorney, and the defendant's attorney, if any.
(e) Postevaluation commitment procedures. After the expiration of the 30 days' evaluation period in the state mental health facility, if the evaluation report from the Department of Human Resources in dicates that the defendant does not meet the commitment criteria of Code Chapter 88-5 or Code Chapter 88-25, the trial judge may issue an order discharging the defendant from custody without a hearing. If the defendant is not so discharged, the trial judge shall order a hearing to determine whether the defendant should be committed to the Department of Human Resources. The defendant shall be detained in custody until completion of the hearing. The hearing shall be con ducted at the earliest opportunity after the expiration of the 30 days' evaluation period but in any event within 30 days after receipt by the prosecuting attorney of the evaluation report from the mental health facility. The court may take judicial notice of evidence introduced during the trial of the defendant and may call for testimony from any person with knowledge concerning whether the defendant is current ly a mentally ill person in need of involuntary treatment or currently mentally retarded and in need of being ordered to receive services, as provided in subsection (v) of Code Section 88-501 and Code Section 88-2504. The prosecuting attorney may cross-examine the witnesses called by the court and the defendant's witnesses and present relevant evidence concerning the issues presented at the hearing. If the judge

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determines that the defendant meets the commitment criteria of Code Chapter 88-5 or 88-25, the judge shall order the defendant to be com mitted to the Department of Human Resources to receive involuntary treatment under Code Chapter 88-5 or to receive services under Code Chapter 88-25. The defendant is entitled to the rights specified below and shall be notified in writing of these rights at the time of his admis sion for evaluation under subsection (d). Such rights are:
(1) A notice that a hearing will be held and the time and place thereof;
(2) A notice that the defendant has the right to counsel and that the defendant or his representatives may apply immediately to the court to have counsel appointed if the defendant cannot afford counsel and that the court will appoint counsel for the defendant unless he in dicates in writing that he does not desire to be represented by counsel;
(3) The right to confront and cross-examine witnesses and to offer evidence;
(4) The right to subpoena witnesses and to require testimony before the court in person or by deposition from any person upon whose evaluation the decision of the court may rest;
(5) Notice of the right to have established an individualized ser vice plan or individualized program plan specifically tailored to the person's treatment needs, as such plans are defined in subsection (w) of Code Section 88-501 and subsection (i) of Code Section 88-2502;
(6) A notice that the defendant has the right to be examined by a physician or a licensed clinical psychologist of his own choice at his own expense and to have that physician or psychologist submit a sug gested service plan for the patient which conforms with the re quirements of subsection (w) of Code Section 88-501 or subsection (i) of Code Section 88-2502, whichever is applicable.
(f) Release of persons found not guilty by reason of insanity. A defendant who has been found not guilty by reason of insanity at the time of the crime and is ordered committed to the Department of Human Resources under subsection (e) of this Code Section may only be discharged from that commitment by order of the committing court in accordance with the procedures specified in this subsection:
(1) Application for the release of a defendant who has been com mitted to the Department of Human Resources under subsection (e) of this Code section upon the ground that he does not meet the civil com mitment criteria under Code Chapter 88-5 or Code Chapter 88-25 may be made to the committing court, either by such defendant or by the superintendent of the state hospital in which the defendant is detain ed.
(2) The burden of proof in such release hearing shall be upon the applicant. The defendant shall have the same rights in the release hearing as set forth in subsection (e) of this Code section.

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(3) If the finding of the court is adverse to release in such hearing held pursuant to subsection (f) on the grounds that such defendant does meet the civil commitment criteria under Code Chapter 88-5 or Code Chapter 88-25 a further release application shall not be heard by the court until twelve months have elapsed from the date of the hear ing upon the last preceding application.
(g) Sentencing of defendant found guilty but mentally ill. Whenever a defendant is found guilty but mentally ill at the time of a felony, or enters a plea to that effect that is accepted by the court, the court shall sentence him in the same manner as a defendant found guilty of the offense. If a defendant who is found guilty but mentally ill at the time of the felony is committed to an appropriate penal facili ty, he shall be further evaluated and then treated, within the limits of state funds appropriated therefor, in such manner as is psychiatrically indicated for his mental illness. Treatment may be provided by:
(1) The penal facility; or
(2) The Department of Human Resources after transfer pursuant to procedures set forth in regulations of the Department of Offender Rehabilitation and the Department of Human Resources.
(h) Probation. If a defendant who is found guilty but mentally ill at the time of a felony is placed on probation under the 'Statewide Pro bation Act' (Ga. L. 1956, p. 27), the court may require that the defen dant undergo available outpatient medical or psychiatric treatment or seek similar available voluntary inpatient treatment as a condition of probation. Persons required to receive such services may be charged fees by the provider of the services."
Part 2
Section 2. Part 2 of Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to the pleas of insanity and mental incompetency, is amended by striking Code Section 17-7-131 and insert ing in its place a new Code section to read as follows:
"17-7-131. (a) For purposes of this Code section, the term:
(1) 'Insane at the time of the crime' means meeting the criteria of Code Section 16-3-2 or Code Section 16-3-3. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial conduct.
(2) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life or having a state of significantly subaverage general intellectual functioning ex isting concurrently with defects of adaptive behavior which originates in the developmental period. However, the term 'mental illness' shall not include a mental state manifested only by repeated unlawful or antisocial conduct.

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(b) In all cases in which the defense of insanity is interposed, the jury, or the court if tried by it, shall find whether the defendant is:
(1) Guilty;
(2) Not guilty;
(3) Not guilty by reason of insanity at the time of the crime; or
(4) Guilty but mentally ill at the time of the crime, but the finding of guilty but mentally ill shall be made only in felony cases.
|c) In all criminal trials of any of the courts of this state wherein an accused shall contend that he was insane or otherwise mentally in competent under the law at the time the act or acts charged against him were committed, the trial judge shall instruct the jury that they may consider, in addition to verdicts of 'guilty' and 'not guilty,' the additional verdicts of 'not guilty by reason of insanity at the time of the crime' and 'guilty but mentally ill at the time of the crime.'
(1) The defendant may be found 'not guilty by reason of insanity at the time of the crime' if he meets the criteria of Code Section 16-3-2 or 16-3-3 at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict.
(2) The defendant may be found 'guilty but mentally ill at the time of the crime' if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the defendant is guilty of the crime charged and was mentally ill or mentally retarded at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict.
|d) Whenever a defendant is found not guilty by reason of insanity at the time of the crime, the court shall retain jurisdiction over the per son so acquitted and shall order such person to be detained in a state mental health facility, to be selectep by the Department of Human Resources, for a period not to exceed 30 days from the date of the ac quittal order, for evaluation of the defendant's present mental condi tion. Upon completion of the evaluation, the proper officials of the mental health facility shall send a report of the defendant's present mental condition to the trial judge, the prosecuting attorney, and the defendant's attorney, if any.
(e) After the expiration of the 30 days' evaluation period in the state mental health facility, if the evaluation report from the Depart ment of Human Resources indicates that the defendant does not meet the commitment criteria of Chapter 37-3 or Chapter 37-4, the trial judge may issue an order discharging the defendant from custody without a hearing. If the defendant is not so discharged, the trial judge shall order a hearing to determine whether the defendant should be committed to the Department of Human Resources. The defendant shall be detained in custody until completion of the hearing. The hear ing shall be conducted at the earliest opportunity after the expiration of the 30 days' evaluation period but in any event within 30 days after

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receipt by the prosecuting attorney of the evaluation report from the mental health facility. The court may take judicial notice of evidence introduced during the trial of the defendant and may call for testimony from any person with knowledge concerning whether the defendant is currently a mentally ill person in need of involuntary treatment or currently mentally retarded and in need of being ordered to receive services, as those terms are defined by paragraph (12) of Code Section 37-3-1 and Code Section 37-4-40. The prosecuting at torney may cross-examine the witnesses called by the court and the defendant's witnesses and present relevant evidence concerning the issues presented at the hearing. If the judge determines that the defen dant meets the commitment criteria of Chapter 3 or 4 of Title 37, the judge shall order the defendant to be committed to the Department of Human Resources to receive involuntary treatment under Chapter 3 of Title 37 or to receive services under Chapter 4 of Title 37. The defendant is entitled to the following rights specified below and shall be notified in writing of these rights at the time of his admission for evaluation under subsection (d). Such rights are:
(1) A notice that a hearing will be held and the time and place thereof;
(2) A notice that the defendant has the right to counsel and that the defendant or his representatives may apply immediately to the court to have counsel appointed if the defendant cannot afford counsel and that the court will appoint counsel for the defendant unless he in dicates in writing that he does not desire to be represented by counsel;
(3) The right to confront and cross-examine witnesses and to offer evidence;
(4) The right to subpoena witnesses and to require testimony before the court in person or by deposition from any person upon whose evaluation the decision of the court may rest;
(5) Notice of the right to have established an individualized ser vice plan specifically tailored to the person's treatment needs, as such plans are defined in Chapters 37-3 and 37-4;
(6) A notice that the defendant has the right to be examined by a physician or a licensed clinical psychologist of his own choice at his own expense and to have that physician or psychologist submit a sug gested service plan for the patient which conforms with the re quirements of Chapter 37-3 or Chapter 37-4, whichever is applicable.
(f) A defendant who has been found not guilty by reason of insani ty at the time of the crime and is ordered committed to the Depart ment of Human Resources under subsection (e) of this Code section may only be discharged from that commitment by order of the com mitting court hi accordance with the procedures specified in this subsection:
(1) Application for the release of a defendant who has been com mitted to the Department of Human Resources under subsection (e) of this Code section upon the ground that he does not meet the civil com-

WEDNESDAY, MARCH 24, 1982

3177

mitment criteria under Chapter 37-3 or Chapter 37-4 may be made to the committing court, either by such defendant or by the superinten dent of the state hospital in which the said defendant is detained;
(2) The burden of proof in such release hearing shall be upon the applicant. The defendant shall have the same rights in the release hearing as set forth in subsection (e) of this Code section;
(3) If the finding of the court is adverse to release in such hearing held pursuant to subsection (f) on the grounds that such defendant does meet the civil commitment criteria, a further release application shall not be heard by the court until 12 months have elapsed from the date of the hearing upon the last preceding application.
(g) Whenever a defendant is found guilty but mentally ill at the time of a felony, or enters a plea to that effect that is accepted by the court, the court shall sentence him in the same manner as a defendant found guilty of the offense. If a defendant who is found guilty but mentally ill at the time of the felony is committed to an appropriate penal facility, he shall be further evaluated and then treated, within the limits of state funds appropriated therefor, in such manner as is psychiatrically indicated for his mental illness. Treatment may be pro vided by:
(1) The penal facility; or
(2) The Department of Human Resources after transfer pursuant to procedures set forth in regulations of the Department of Offender Rehabilitation and the Department of Human Resources.
(h) If a defendant who is found guilty but mentally ill at the time of a felony is placed on probation under the 'State-wide Probation Act,' Article 2 of Chapter 8 of Title 42, the court may require that the defendant undergo available outpatient medical or psychiatric treat ment or seek similar available voluntary inpatient treatment as a con dition of probation. Persons required to receive such services may be charged fees by the provider of the services.''
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 33, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes 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 Hudgins Hudson Kennedy Kidd Land Lester McGill

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

Those voting in the negative were Senators:

Bond Evans

Littlefield

Those not voting were Senators:

Bell Bowen

Broun of 46th Holloway (presiding]

Tate Timmons

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 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. Senate Sponsor: Senator Howard of the 42nd.

WEDNESDAY, MARCH 24, 1982

3179

The Senate Committee on Human Resources offered the following substitute to HB 1534:

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 provide for analyses of goals to reduce the number of certain children in foster care; 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 "Children and Youth Act," approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, is amended by striking Section 20 and inserting in its place a new Section 20 to read as follows:
"Section 20. Annual Report. The Director shall prepare and publish an annual report on the operation of the Division and county departments of family and children services and submit the same to the Governor, the Board, and all interested persons, officials, agencies and groups, public or private. The report shall contain, in addition to information, statistics, and data as may be required by other provi sions of this Act, a comprehensive analysis of performance of child welfare and youth services throughout the state; an analysis of goals to reduce by 1 percent each year, beginning with the fiscal year that starts October 1, 1983, the number of children who have been in fami ly or institutional foster care for a period of twenty-four months or longer, as provided by Public Law 96-272; and such other information and recommendations of the Director as may be suitable."
Part 2
Section 2. Chapter 5 of Title 49 of the Official Code of Georgia An notated is amended by striking Code Section 49-5-19 and inserting in its place the following:
"49-5-19. The commissioner shall prepare and publish an annual report on the operations of the department and of county departments of family and children services under this article and submit it to the Governor, the board, and all interested persons, officials, agencies, and groups, public or private. The report shall contain, in addition to information, statistics, and data required by other provisions of this article, a comprehensive analysis of performance of child welfare and youth services throughout the state; an analysis of goals to reduce by 1 percent each year, beginning with the fiscal year that starts October 1, 1983, the number of children who have been in family or institutional foster care for a period of 24 months or longer, as provided by Public Law 96-272; and such other information and recommendations of the commissioner as may be suitable."

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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 adoption of the substitute, 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram

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

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

Those not voting were Senators:

Bell Bond Bowen

Holloway Horton

Hudson Timmons

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.

WEDNESDAY, MARCH 24, 1982

3181

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

Those voting in the affirmative were Senators:

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

Holloway Robinson

Littlefield McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Ty singer Walker Wessels
Timmons Turner

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

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

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.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 1407 by adding on line 7 of Page 1 after the following: "obligations;",

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the following:
"to amend Code Chapter 24-27A, relating to child support receivers, so as to authorize a child support receiver to initiate con tempt proceedings against any individual required to make child sup port payments under certain circumstances;".
By adding between line 4 and line 5 of Page 2 the following:
"Section 2. Code Chapter 24-27A, relating to child support receivers, is amended by adding between Code Section 24-2702a and 24-2703a a new Code Section 24-2702a.l to read as follows:
'24-2702a.l. Contempt. Whenever any person required to furnish support to a minor by payments through a child support receiver and whenever such payments are not made in accordance with the judicial order or written agreement, the child support receiver shall be authorized to bring an action for contempt against the person required to make such payments. Any such action shall be brought pursuant to Code Section 30-204 and shall be brought in the court which originally ordered the payment of child support.' "
By striking from line 6 of Page 2 the following:
"Section 2",
and inserting in lieu thereof the following:
"Sections".
By adding between line 24 and line 25 of Page 2 the following:
"Section 4. Chapter 15 of Title 15 of the Official Code of Georgia Annotated, relating to child support receivers, is amended by adding between Code Section 15-15-4 and Code Section 15-15-5 a new Code Section 15-15-4.1 to read as follows:
'15-15-4.1. Whenever any person required to furnish support to a minor by payments through a child support receiver and whenever such payments are not made in accordance with the judicial order or written agreement, the child support receiver shall be authorized to bring an action for contempt against the person required to make such payments. Any such action shall be brought pursuant to Code Section 19-6-4 and shall be brought in the court which originally ordered the payment of child support.' "
By striking from line 26 of Page 2 the following:
"Sections",
and inserting in lieu thereof the following:
"Sections".

WEDNESDAY, MARCH 24, 1982

3183

By striking from line 3 of Page 3 the following: "Section 4",
and inserting in lieu thereof the following: "Section 6".

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 Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

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

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

Those not voting were Senators:

Bell Bowen Holloway (presiding)

Land McKenzie Stephens

Stumbaugh Timmons

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

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

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Pursuant to the second paragraph of Senate Rule 100, notice is automatically given for reconsideration of HB 1407.

Senator Greene of the 26th moved that the Senate stand in recess from 12:30 o'clock P.M. until 2:00 o'clock P.M.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate stood 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 and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Tate of the 38th.

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

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

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

DATE:

January 20, 1981

SUBJECT: Fiscal Note-House Bill 76 Employees' Retirement System

This Bill would eliminate the mandatory retirement age for all members of the retirement system except certain law enforcement per sonnel. Currently, retirement is mandatory at age 70 unless the member's department head certifies to the Board of Trustees that the member is employed in a professional, scientific, and/or technical posi tion and requests that such employee be allowed to continue his employ ment regardless of age.

WEDNESDAY, MARCH 24, 1982

3185

The fiscal impact of this Bill would be minimal. While it would per mit a member to receive increased benefits by accruing more years of service, the member would contribute for an increased number of years and would draw benefits for fewer years.

1st William M. Nixon State Auditor

1st C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to HB 76:
A BILL
To be entitled an Act to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement age under the Employees' Retirement System of Georgia, so as to change the provisions relative to mandatory retirement age; 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 47-2-110 of the Official Code of Georgia An notated, relating to retirement age under the Employees' Retirement System of Georgia, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) Every employee shall be retired on the first day of the calen dar month next succeeding that in which he attains the age of 70, pro vided that nothing in this chapter shall preclude the employment or continued employment of any member, regardless of age, with profes sional, scientific, or technical skills who is so certified to the board of trustees by his employer, except that effective November 1, 1982, no member may be required to retire because of age except the following members:
(1) Those employed as prison guards by the Department of Of fender Rehabilitation;
(2) Those employed by the Uniform Division of the Department of Public Safety as officers, noncommissioned officers, and troopers;
(3) Those employed by the Department of Natural Resources as conservation rangers;
(4) Those employed by the Department of Revenue as alcohol and tobacco officers or agents;
(5) Those employed as officers or agents of the Georgia Bureau of Investigation;

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(6) Those employed by the Department of Transportation as en forcement officers; and
(7) Those employed by the State Board of Pardons and Paroles as parole officer as well as other employees of said board who possess the power of arrest, who shall be subject to mandatory retirement at age 65."
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.

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 18, 1982

SUBJECT: Fiscal Note--House Bill 76 (Substitute) LC 11 4732S Employees' Retirement System (ERS)

This Bill would eliminate the mandatory retirement age for all members of the retirement system except certain law enforcement per sonnel. Currently, retirement is mandatory at age 70 unless the member's department head certifies to the Board of Trustees that the member is employed in a professional, scientific, and/or technical posi tion and requests that such employee be allowed to continue his employ ment regardless of age.

The fiscal impact of this Bill would be minimal. While it would per mit a member to receive increased benefits by accruing more years of service, the member would contribute for an increased number of years and would draw benefits for fewer years.

Isi W. M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

WEDNESDAY, MARCH 24, 1982 Senator Greene of the 26th offered the following amendment:

3187

Amend the substitute to HB 76 offered by the Senate Committee on Retirement as follows:
By inserting in line 1 on Page 1 between the word "To" and the word "amend" the following:
"amend Code Section 47-2-93 of the Official Code of Georgia An notated, relating to credit for service rendered after December 31, 1953, for certain persons, so as to provide credit for certain prior ser vice as an assistant probation officer; to".
By redesignating Sections 1, 2, and 3 as Sections 2, 3, and 4, respec tively, and by adding a new Section 1 to read as follows:
"Section 1. Code Section 47-2-93 of the Official Code of Georgia Annotated, relating to credit for service rendered after December 31, 1953, for certain persons, is amended by designating the present pro visions of said Code section as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows:
'(b) Any other provisions of this chapter to the contrary not withstanding, any current member who served as an assistant county probation officer from January 1, 1953, until January 1, 1966, and who became a member of the Employees' Retirement System on January 1, 1966, shall be entitled to receive creditable service under this chapter for such prior service as an assistant county probation of ficer upon payment to the board of trustees of the amount of employee contributions which would have been paid if the member had been a member of the Employees' Retirement System during the period of time served as an assistant county probation officer, plus regular interest thereon as determined by the board of trustees.' ''

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 24, 1982

SUBJECT: Fiscal Note-House Bill 76 (Committee SubstituteAmended) LC 11 4732S, AM 7 0498
Employees' Retirement System (ERS)

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This Bill would eliminate the mandatory retirement age for all members of the retirement system except certain law enforcement per sonnel. Currently, retirement is mandatory at age 70 unless the member's department head certifies to the Board of Trustees that the member is employed in a professional, scientific, and/or technical posi tion and requests that such employee be allowed to continue his employ ment regardless of age.

The fiscal impact of this provision would be minimal. While it would permit a member to receive increased benefits by accruing more years of service, the member would contribute for an increased number of years and would draw benefits for fewer years.

This Bill would also allow any current member of ERS who served as an assistant county probation officer from January 1, 1953 until January 1, 1966, and who became a member of ERS on January 1, 1966 to receive credit for such prior service as an assistant county probation officer, to claim such creditable service the member must pay the employee con tributions plus regular interest that would have accumulated during the period of such service.

One member has been identified who would be affected by the prior service provision of this Bill. Under current legislation, this member would not be eligible for retirement until age 65, but passage of this Bill would result in the member being eligible for retirement at age 62 with projection to age 65. Retirement benefits under the proposed legislation would be increased approximately $604 per month (from approximately $1,167 to approximately $1,771). Assuming the member purchased the service credit on December 31, 1982, ERS would incur an increase in Re quired reserves at retirement in 1984 of approximately $130,588 (which has a present value of $114,003). Although a survey of ERS members would be necessary to determine the exact number of persons affected, this provision is not expected to affect a significant number of members.

Is/ W. M. Nixon State Auditor

/si C. T. Stevens, Director Office of Planning and Budget

Senator Coverdell of the 40th offered the following substitute to HB 76:
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

WEDNESDAY, MARCH 24, 1982

3189

employees who were not members of local retirement systems; to pro vide procedures, requirements, and other matters relative to the forego ing; 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 change the provisions relative to mandatory retirement age; to provide that persons who become employees of the state as a result of a county probation system becoming a part of the state-wide probation system shall have the right to remain members of local retirement systems under certain conditions; to provide 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 provide procedures, requirements, and other mat ters relative to the foregoing; 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 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

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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 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 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 (b) 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 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 deposited 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

WEDNESDAY, MARCH 24, 1982

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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 Employees' 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.
je) 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."
Part 2
Section 2. Chapter 2 of Title 47 of the Official Code of Georgia An notated, relating to the Employees' Retirement System of Georgia, is amended by striking subsection (b) of Code Section 47-2-110 in its entire ty and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Every employee shall be retired on the first day of the calen dar month next succeeding that in which he attains the age of 70, pro vided that nothing in this chapter shall preclude the employment or continued employment of any member, regardless of age, with pro fessional, scientific, or technical skills who is so certified to the board

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of trustees by his employer, except that effective November 1, 1982, no member may be required to retire because of age except the following members:
(1) Those employed as prison guards by the Department of Of fender Rehabilitation;
(2) Those employed by the Uniform Division of the Department of Public Safety as officers, noncommissioned officers, and troopers;
(3) Those employed by the Department of Natural Resources as conservation rangers;
(4) Those employed by the Department of Revenue as alcohol and tobacco officers or agents;
(5) Those employed as officers or agents of the Georgia Bureau of Investigation;
(6) Those employed by the Department of Transportation as en forcement officers; and
(7) Those employed by the State Board of Pardons and Paroles as parole officers as well as other employees of said board who possess the power of arrest, who shall be subject to mandatory retirement at age 65."
Section 3. Said Chapter 2 of Title 47 is further amended by adding at the end of Part 9 of Article 8 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-

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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 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.

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(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 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."
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) Parts 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.

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The following fiscal note, as required by the Rules of the Senate, were read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Horace Tate, Chairman

Senate Retirement Committee

FROM:

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

DATE:

March 22, 1982

SUBJECT: Fiscal Note-House Bill 76 (Substitute) LC 7 4994S Employees' Retirement System (ERS)

The substitute version of this Bill would eliminate the mandatory retirement age for all members of the retirement system except certain law enforcement personnel. Currently, retirement is mandatory at age 70 unless the member's department head certifies to the Board of Trustees that the member is employed in a professional, scientific, and/or technical position and requests that such employee be allowed to con tinue his employment regardless of age.

The fiscal impact of this provision would be minimal. While it would permit a member to receive increased benefits by accruing more years of service, the member would contribute for an increased number of years and would draw benefits for fewer years.

The substitute version of this Bill also provides certain retirement op tions 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 Of fender Rehabilitation (DOOR). Six county probation systems with a total of approximately 178 employees could be affected by this Bill. Retire ment 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 member ship 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 required under the local system and employer contribu tions would be paid by the governing authority of the applicable coun ty from county funds to the local retirement system.

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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 retirement system for members electing this option. An actuarial study coupled 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 obtain 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 ser vice 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 persons eligible for this option would be necessary to deter mine the fiscal impact on counties and local retirement systems.
3. Persons subject to this Bill who are not members of a local retirement 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 contributions plus an additional amount, as determined by ERS, which together with the employee contributions shall be sufficient to grant the creditable ser vice under ERS without creating any accrued liability.
For persons who were not members of the local retirement system but elect to purchase creditable service under ERS for service rendered as an employee of the county probation system, ERS would incur no additional liabilities because the accrued liability created by granting such service credit would be paid by the member.
In summary, the provision regarding eliminating the mandatory retirement age would have minimal impact on ERS. For the provisions regarding retirement options for transferring to DOOR, an actuarial analysis and a survey of persons affected by this Bill would be necessary to determine the exact fiscal impact on county governments and local retirement systems. There would be no immediate fiscal impact on ERS because the accrued liability created by granting service credit would be

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paid. However, any benefit increases granted to ERS members in future years would cost more if service credit is purchased since the base amount of benefits to be increased would be made larger by the purchase of service credit.

Is! W. M. Nixon State Auditor

I si C. T. Stevens, Director Office of Planning and Budget

Senate Greene of the 26th offered the following amendment:
Amend the substitute to HB 76 offered by Senator Coverdell of the 40th as follows:
By inserting in line 18 on Page 1 between the words "so as" and the word "to" the following:
"to provide credit for certain prior service as an assistant proba tion officer;"
By redesignating Sections 2 through 5 as Sections 3 through 6, respec tively, and by adding a new Section 2 to read as follows:
"Section 2. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by designating the present provisions of Code Section 47-2-93 as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows:
'(b) Any other provisions of this chapter to the contrary not withstanding, any current member who served as an assistant county probation officer from January 1, 1953, until January 1, 1966, and who became a member of the Employees' Retirement System on January 1, 1966, shall be entitled to receive creditable service under this chapter for such prior service as an assistant county probation of ficer upon payment to the board of trustees of the amount of employee contributions which would have been paid if the member had been a member of the Employees' Retirement System during the period of time served as an assistant county probation officer, plus regular interest thereon as determined by the board of trustees.' ''

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The following fiscal note, as required by the Rules of the Senate, were read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Horace Tate, Chairman

Senate Retirement Committee

FROM:

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

DATE:

March 24, 1982

SUBJECT: Fiscal Note-House Bill 76 (Floor Substitute-Amended) LC 7 4994S, AM 7 0499
Employees' Retirement System (ERS)

The amended substitute version of this Bill would eliminate the man datory retirement age for all members of the retirement system except certain law enforcement personnel. Currently, retirement is mandatory at age 70 unless the member's department head certifies to the Board of Trustees that the member is employed in a professional, scientific, and/or technical position and requests that such employee be allowed to continue his employment regardless of age.

The fiscal impact of this provision would be minimal. While it would permit a member to receive increased benefits by accruing more years of service, the member would contribute for an increased number of years and would draw benefits for fewer years.

The amended substitute version of this Bill also 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 member ship 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 required under the local system and employer contribu tions would be paid by the governing authority of the applicable coun ty from county funds to the local retirement system.

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3199

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 retirement system for members electing this option. An actuarial study coupled 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 obtain 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 ser vice 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 persons eligible for this option would be necessary to deter mine the fiscal impact on counties and local retirement systems.
3. Persons subject to this Bill who are not members of a local retirement 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 contributions plus an additional amount, as determined by ERS, which together with the employee contributions shall be sufficient to grant the creditable ser vice under ERS without creating any accrued liability.
For persons who were not members of the local retirement system but elect to purchase creditable service under ERS for service rendered as an employee of the county probation system, ERS would incur no additional liabilities because the accrued liability created by granting such service credit would be paid by the member.
This Bill would also allow any current member of ERS who served as an assistant county probation officer from January 1, 1953 until January 1, 1966, and who became a member of ERS on January 1, 1966 to receive credit for such prior service as an assistant county probation officer. To claim such creditable service the member must pay the employee con tributions plus regular interest that would have accumulated during the period of such service.

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One member has been identified who would be affected by this prior service provision of the Bill. Under current legislation, this member would not be eligible for retirement until age 65, but passage of this Bill would result in the member being eligible for retirement at age 62 with projection to age 65. Retirement benefits under the proposed legislation would be increased approximately $604 per month (from approximately $1,167 to approximately $1,771). Assuming the member purchased the service credit on December 31, 1982, ERS would incur an increase in re quired reserves at retirement in 1984 of approximately $130,588 (which has a present value of $114,003). Although a survey of ERS members would be necessary to determine the exact number of persons affected, this provision is not expected to affect a significant number of members.
In summary, the provision regarding eliminating the mandatory retirement age would have minimal impact on ERS. For the provisions regarding retirement options for transferring to DOOR, an actuarial analysis and a survey of persons affected by this Bill would be necessary to determine the exact fiscal impact on county governments and local retirement systems. There would be no immediate fiscal impact on ERS because the accrued liability created by granting service credit would be paid. However, any benefit increases granted to ERS members in future years would cost more if service credit is purchased since the base amount of benefits to be increased would be made larger by the purchase of service credit. The provision allowing the purchase of prior service credit from 1953 to 1966 would cost $130,588 at retirement for the one ERS member identified if all eligible credit were to be purchased.

Is/ W. M. Nixon State Auditor

I si C. T. Stevens, Director Office of Planning and Budget

On the adoption of the amendment offered by Senator Greene of the 26th to the substitute to HB 76 offered by the Senate Committee on Retirement, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Brannon Broun of 46th Brown of 47th Coverdell Deal Eldridge

Engram Evans Fincher of 52nd Fincher of 54th Foster Greene Holloway Howard Hudson

Kidd Land Reynolds Robinson Scott Stephens Summers Sutton Tysinger

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3201

Those voting in the negative were Senators:

Bowen Brantley Bryant Cobb Coleman English
Gillis

Hill Horton Hudgins Kennedy Littlefield McGill

Those not voting were Senators:

Allgood Bell Dean

Garner Lester Tate

McKenzie Starr Stumbaugh Thompson Turner Walker
Timmons Trulock Wessels

On the adoption of the amendment, the yeas were 28, nays 19, and the amend ment was adopted.

On the adoption of the substitute to HB 76 offered by the Senate Committee on Retirement, the yeas were 0, nays 42, and the committee substitute was lost.

On the adoption of the amendment offered by Senator Greene of the 26th to the substitute to HB 76 offered by Senator Coverdell of the 40th, the yeas were 17, nays 29, and the amendment was lost.

Senator Greene of the 26th moved that the Senate reconsider its action in defeating the amendment offered by Senator Greene of the 26th to the substitute to HB 76 offered by Senator Coverdell of the 40th.

On the motion, the yeas were 17, nays 19; the motion was lost, and the amend ment was not reconsidered.

On the adoption of the substitute to HB 76 offered by Senator Coverdell of the 40th, 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:

Ballard Barker Barnes

Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th

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Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Foster Garner Gillis

Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Land Littlefield McGill McKenzie Reynolds Robinson

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

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

Those not voting were Senators:

Allgood Bell

Lester

Timmons

On the passage of the bill, the yeas were 50, 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 HB 76.
HR 706. By Representatives Rowland of the 119th, Harris of the 8th, Collins of the 144th and others:
Senate Sponsor: Senator Gillis of the 20th.
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 certain limitations regard ing state debt and the 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; 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 proposed a new Constitution for the

WEDNESDAY, MARCH 24, 1982

3203

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 (b) of Paragraph II of Section IV of Article VII and inserting in its place a new subparagraph (b) to read as follows:
"(b) No debt may be incurred under subparagraphs (c), (d), and (e) of Paragraph I of this section or Paragraph V of this section at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of 1976 are applicable, exceed 7 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred, except that such debt may be incurred when such debt service and contract payment requirements are more than 7 percent but not more than 10 percent of such total revenue receipts less refunds if approved by two-thirds of the members to which each House of the General Assembly is entitled in a roll-call vote entered on their respective journals. Any such measures requir ing such approval shall originate in the House of Representatives, but the Senate may propose or concur in amendments to such measures."
Section 2. Said resolution is further amended by striking from Sec tion 1 thereof Paragraph V of Section IV of Article VII and inserting in its place a new Paragraph V to read as follows:
"Paragraph V. Refunding of debt. The state may incur general obligation debt or guaranteed revenue debt to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution of 1976 are applicable. The issuance of any such debt for the purposes of said funding or refunding shall be subject to the 7 percent limitation in Paragraph Il(b) of this section, but may be increased to no more than 10 percent in accordance with Paragraph II(b) of this section, to the same extent as debt incurred under Paragraph I of this section; pro vided, however, in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account. The issuance of such debt may be accomplished by resolution of the Georgia State Financing and Investment Commission without any ac tion on the part of the General Assembly and any appropriation made or required to be made with respect to the debt or obligation being funded or refunded shall immediately attach and inure to the benefit of the obligations to be issued in connection with such funding or refunding. Debt incurred in connection with any such funding or refunding shall be the same as that originally authorized by the General Assembly, except that general obligation debt may be incur red to fund or refund obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I (a), Section VI, Article IX of the Constitution of 1976 are applicable and

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the continuing appropriations required to be made under this Con stitution shall immediately attach and inure to the benefit of the obligation to be issued in connection with such funding or refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder. The term of a funding or refunding issue pur suant to this Paragraph shall not extend beyond the term of the original debt or obligation and the total interest on the funding or refunding issue shall not exceed the total interest to be paid on such original debt or obligation. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred."

Senator Gillis of the 20th moved that HR 706 be committed to the Committee on Appropriations.
On the mction, the yeas were 36, nays 0; the motion prevailed, and HR 706 was committed to the Committee on Appropriations.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bills of the House:
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 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 define the term "accident"; to require the use of the American Medical Association Guide to the evaluation of permanent impairment; to change the provisions relating to income benefits for total disability; to change the provisions relating to occupational diseases so as to include byssinosis; to amend the Official Code of Georgia Annotated according-

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3205

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 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.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Hanner of the 130th, Ramsey of the 3rd and Jackson of the 77th.

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 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.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Rainey of the 135th, Peters of the 2nd and Twiggs of the 4th.

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

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The following bills of the House were taken up for the purpose of considering the House action thereon:

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.

Senator Cobb of the 28th moved that the Senate insist upon the Senate substitute to HB 1464.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1464.
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.
Senator Cobb of the 28th moved that the Senate adhere to the Senate substitute to HB 1349, 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 1349.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Deal of the 49th, Timmons of the 11th and Cobb of the 28th.

The following general bill and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Kidd of the 25th.

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3207

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

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 Brannon Brantley 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 Holloway Horton Howard Hudgins Kennedy Kidd Land Littlefield McGill

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

Those not voting were Senators:

Allgood Ballard Bell

Evans Garner Hudson

Lester Robinson

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.
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. Senate Sponsor: Senator Tysinger of the 41st.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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

Those voting in the affirmative were Senators:

Allgood Barker Bond 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 Howard Hudgins Kennedy Kidd Land Lester Littlefield

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

Those not voting were Senators:

Ballard Barnes Bell Bowen

Evans Fincher of 54th Holloway (presiding) Hudson

Reynolds Robinson Trulock

On the adoption of the resolution, the yeas were 45, 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 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 implement and enforce such ordinances, and to provide penalties for the violation of such or dinances; to authorize the enforcement of such ordinances by pro ceedings in the Superior Court or State Court of Glynn County or in other courts established by the General Assembly; to provide for the submis sion of this amendment for ratification or rejection; and for other pur poses.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section II, Paragraph I of the Constitution is amended by adding at the end thereof a new paragraph to read as follows:
"In addition to all other powers provided, permitted, or allowed by law, the governing authority of Glynn County is hereby em powered to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this state or of the United States, for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of Glynn County; to implement and enforce such ordinances; and to prescribe minimum and maximum penalties or punishment for the violation of such ordinances, so that such viola tion, upn conviction, shall be punishable as for a misdemeanor unless the ordinance shall provide for a lesser penalty. The Superior Court of Glynn County, the State Court of Glynn County, or other courts established by the General Assembly with jurisdiction in Glynn Coun ty shall be empowered to hear and determine cases involving viola tions of county ordinances adopted pursuant to this paragraph, shall have authority to inflict punishment or penalties for the violation of such ordinances, and shall have such other powers as may be provid ed by law, including civil actions to enforce such ordinances."
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 and empower the governing authority of Glynn County to
[ ] NO enact ordinances for the governing and policing of said county, to implement and enforce such ordinances, and to provide penalties for the violation of such ordinances; and to authorize the enforcement of such ordinances by pro ceedings in the Superior Court or State Court of Glynn County or in other courts established by the General Assembly?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

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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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Dean Eldridge English Engram

Evans Fincher of 52nd Foster Gillis Greene Hill Horton Hudson Kennedy Kidd Land Lester Littlefield McGill

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

Those not voting were Senators:

Barnes Bell Bryant Coverdell Deal

Fincher of 54th Garner Holloway (presiding) Howard

Hudgins Reynolds Stumbaugh Trulock

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 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; to provide for the sub mission of this amendment for ratification or rejection; and for other pur poses.

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3211

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:
"Notwithstanding any other provision of this Constitution, the General Assembly is authorized to create, by local law, a merit system of employment for all or some of the employees of the sheriff of Rich mond County who are paid in whole or in part by county funds."
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 create, by local law, a merit system
[ ] NO of employment for all or some of the employees of the sheriff in Richmond 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th
Cobb Coleman
Dean Eldridge English Engram

Evans Fincher of 52nd Foster Gillis Greene Hill Horton Hudson Kennedy
Kidd Land
Lester Littlefield McGill

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

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Those not voting were Senators:

Barnes Bell Bryant Coverdell Deal

Fincher of 54th Garner Holloway (presiding) Howard

Hudgins Reynolds Stumbaugh Trulock

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 753. By Representative Dobbs of the 74th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the pro visions relating to homestead exemptions for residents of Newton Coun ty 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; 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 striking all language added by the amendment set out at Ga. L. 1980, p. 2172, by striking all language added by the amendment set out at Ga. L. 1980, p. 2187, and by adding at the end of the paragraph the following new paragraph:
"With respect to Newton County and Newton County School District ad valorem taxes, residents of Newton County shall not be en titled to the homestead exemptions granted by the other paragraphs of this Paragraph IV, except that a disabled veteran may be entitled to the homestead exemption granted especially to disabled veterans. The exemptions specified in this paragraph shall apply to all Newton County and Newton County School District taxes, including taxes to retire bonded indebtedness, but shall not affect any other taxes. Two thousand dollars of the assessed value of the homestead of each resi dent of Newton County shall be exempt. In addition to said exemp tion, $8,000.00 of the value of the homestead of each resident of Newton County who is sixty-two years of age or over or disabled shall be exempt if his or her income does not exceed $ 10,000.00 for the im mediately preceding year. For purposes of this paragraph, the term 'income' means federal adjusted gross income of the taxpayer and his or her spouse except that the term 'income' shall not include federal social security benefits or other retirement, survivor, or disability benefits except those which are in excess of the maximum amount

WEDNESDAY, MARCH 24, 1982

3213

authorized to be received by an individual and his or her spouse under the federal social security law. For purposes of this paragraph, the term 'disabled' means that a person is permanently mentally or physically incapacitated to the extent that he or she is unable to be gainfully employed. This paragraph is self-executing, but the General Assembly shall have full authority to pass local legislation relating to the implementation of this paragraph. This paragraph shall apply to all taxable years beginning on or after January 1, 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 Shall the Constitution be amended so as to change the pro visions relating to homestead exemptions for residents of
[ ] NO 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?"
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 HR 753:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the pro visions relating to homestead exemptions for residents of Newton Coun ty 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 a $10,000.00 exemption; 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 striking all language added by the amendment set out at Ga. L. 1980, p. 2172, by striking all language added by the amendment set out at Ga. L. 1980, p. 2187, and by adding at the end of the paragraph the following new paragraph:
"With respect to Newton County and Newton County School District ad valorem taxes, residents of Newton County shall not be en titled to the homestead exemptions granted by the other paragraphs of

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this Paragraph IV, except that a disabled veteran may be entitled to the homestead exemption granted especially to disabled veterans. The exemptions specified in this paragraph shall apply to Newton County and Newton County School District taxes but shall not affect any other taxes. Four thousand dollars of the assessed value of the homestead of each resident of Newton County shall be exempt from all such county and school district taxes, except taxes to retire bonded indebtedness. In addition to said exemption, $10,000.00 of the assess ed value of the homestead of each resident of Newton County who is sixty-two years of age or over or disabled shall be exempt from all such county and school district taxes, including taxes to retire bonded indebtedness, if his or her income does not exceed $10,000.00 for the immediately preceding year. For purposes of this paragraph, the term 'income' means federal adjusted gross income of the taxpayer and his or her spouse except that the term 'income' shall not include federal social security benefits or other retirement, survivor, or disability benefits except those which are in excess of the maximum amount authorized to be received by an individual and his or her spouse under the federal social security law. For purposes of this paragraph, the term 'disabled' means that a person is permanently mentally or physically incapacitated to the extent that he or she is unable to be gainfully employed. This paragraph is self-executing, but the General Assembly shall have full authority to pass local legislation relating to the implementation of this paragraph. This paragraph shall apply to all taxable years beginning on or after January 1, 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 Shall the Constitution be amended so as to change the pro visions relating to homestead exemptions for residents of
[ ] NO 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 a $10,000.00 exemption?"
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 43, 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.

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3215

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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Dean Eldridge English Engram

Evans Fincher of 52nd Foster Gillis Greene Hill Horton Hudson Kennedy Kidd Land Lester Littlefield McGill

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

Those not voting were Senators:

Barnes Bell Bryant Coverdell Deal

Fincher of 54th Garner Holloway (presiding) Howard

Hudgins Reynolds Stumbaugh Trulock

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 by substitute.
HR 758. By Representative Collins of the 144th:
A RESOLUTION
Proposing an amendment to the Constitution so as to impose a 1 per cent sales and use tax in Mitchell County for the support of public school systems; to provide for the manner of imposition and collection; to pro vide for a method of disbursing the proceeds of the tax; to provide for the reduction of the ad valorem tax mill rate for education in the public school districts in proportion to proceeds derived from the local sales and use tax for education; to provide for the reduction of the maximum mill rate that may be imposed by the county school system in proportion to the proceeds derived from the local sales and use tax for education by the school system; to provide for removing or increasing the mill rate limita tion on the county school system; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows:
"In addition to any sales and use tax imposed by law and any method of taxation for the support of education authorized in this sec tion, there is hereby imposed a 1 percent sales and use tax within Mitchell County for the support and maintenance of public education. Ex cept as local law and this paragraph provide, the tax imposed shall correspond to the tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated or its successor, relating to the joint county and municipality sales and use tax; provided, however, that no referendum shall be required for the imposition of this tax. The proceeds of the tax shall be disbursed to the Mitchell County School System and the City of Pelham Independent School System ac cording to the ratio the population in each school district bears to the total population of Mitchell County or upon such other formula for distribution as may be determined by local law. The mill rate for ad valorem taxes imposed in the Mitchell County School District and in the City of Pelham Independent School District for educational pur poses for the year following the initial year in which the local sales and use tax is levied, and for all subsequent years, shall be reduced by a millage rate which, if levied against the nonexempt tangible proper ty within the respective school districts, would produce the amount of revenues received from the local sales and use tax by the respective school systems; provided, however, that the twenty-mill rate limita tion on the rate of ad valorem taxes levied for purposes of the school systems contained in this section shall be reduced for each taxable year following the year in which the local sales and use tax is imposed by a millage rate which, if levied against the nonexempt tangible prop erty within the school district, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by the school system in the immediate preceding taxable year; provided, fur ther, that said mill rate limitation may be removed or increased as provided in Paragraph II of this section."
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 impose a 1 per cent sales and use tax in Mitchell County for the support
[ ] NO of the public school systems and so as to reduce the ad valorem tax mill rate imposed for the support of each school system and the mill rate limitation established for the county school system?''
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."

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Committee on County and Urban Affairs offered the following substitute to HR 758:

A RESOLUTION
Proposing an amendment to the Constitution so as to require the boards of education of the Mitchell County School District and the Pelham Independent School District to impose, levy, and collect a 1 per cent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by such school districts to take into account the proceeds received from the sales and use tax by each 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 Mitchell County School District and the Board of Education of the Pelham Independent School District shall by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of said school districts. This tax shall be at the rate of 1 percent, but in all other respects, except as other wise provided in this paragraph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia An notated, relating to the joint county and municipality sales and use tax. The ad valorem tax millage rate limitation applicable to the Mit chell County School District under this Section VII of the Constitution and any ad valorem tax millage rate limitation now or hereafter ap plicable to the Pelham Independent School District 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 each 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. Said school districts shall also comply with the provisions of Code Section 48-8-91 as if they were counties or municipalities 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 Mitchell 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 two school districts are authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this paragraph. The net proceeds of the tax shall be distributed between the Mitchell County School District

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and the Pelham Independent School District according to the ratio the population of Mitchell County or upon such other formula for distribution as may be determined by local law. 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 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 require the boards of education of the Mitchell County School District
[ ] NO and the Pelham Independent School District to impose, levy, and collect a 1 percent sales and use tax for educa tional purposes and to adjust millage rate limitations upon and the millage rates levied by such school districts to take into account the proceeds received from the sales and use tax by each 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 43, 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

Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th

WEDNESDAY, MARCH 24, 1982

3219

Cobb Coleman Dean Eldridge English Engram Evans Fincher of 52nd Foster Gillis Greene Hill

Horton Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Robinson Scott

Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Bell Bryant Coverdell Deal

Fincher of 54th Garner Holloway (presiding) Howard

Hudgins Reynolds Stumbaugh Trulock

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 by substitute.

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; to authorize use of the proceeds of such bonds to pay, or to provide for the reimbursement of, all or any part of the cost of acquiring, constructing and improving streets, roads, avenues, alleys and lanes, or any part thereof, including curbing, guttering, drainage, streetlights and sidewalks, and of grading, paving, repaving, resurfacing, macadamizing, maintaining, repairing or otherwise improving the same and to pay the costs of issuing such bonds; to authorize issuance of said bonds without the assent of a majority of the qualified voters at an election called thereon; to provide that the prin cipal of and interest on such bonds shall be payable solely from the assessments levied on the property which abuts such improvements; to provide that the bonds shall not be deemed to constitute a debt of the State of Georgia or any county (including Lowndes County), municipal corporation or political subdivision thereof within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia; to provide that there shall be no limitation with respect to the interest rate that such bonds bear; to provide for the validation of the bonds; to pro-

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vide an exemption from taxation for the interest on such bonds; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section VII, Paragraph I of the Constitution, relating to the debts of counties and cities, shall be and the same is hereby amended by adding at the end thereof the following:
"Provided, that Lowndes County is hereby authorized to issue and sell street improvement bonds and to use the proceeds thereof to pay, or to provide for the reimbursement of, all or any part of the cost of acquiring, constructing and improving streets, roads, avenues, alleys and lanes, or any part thereof, including curbing, guttering, drainage, streetlights and sidewalks, and of grading, paving, repaving, resurfacing, macadamizing, maintaining, repairing or otherwise im proving the same, all in accordance with provisions set forth below. In determining the cost of any such improvements, the Board may in clude all costs of the issuance of said bonds; all engineering, inspec tion, fiscal advisor and legal expenses; interest which it is estimated will accrue on the bonds during the construction period and for six months thereafter; and an amount, not in excess of 15 percent of the total principal amount of each such bond issue, to establish a debt ser vice reserve for the payment of principal of and interest on such bonds.
Such bonds may be issued without the assent of a majority of the qualified voters of Lowndes County at an election called therefor, but only upon the affirmative vote of majority of the members of the Board of Commissioners of Lowndes County (the 'Board') whenever in the Board's judgment the public convenience and welfare may re quire such improvements. The principal of, premium, if any, and in terest on each issue of such bonds shall be payable solely from and shall not exceed the aggregate amount assessed by the Board upon the property which abuts the improvements acquired or constructed with the proceeds of such issue.
Such bonds shall not be deemed to constitute an indebtedness or obligation of the State of Georgia or any county (including Lowndes County), municipal corporation or political subdivision thereof within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia. All such bonds shall be payable solely from the assessments pledged to such payment, and no holder or holders of any such bonds shall ever have the right to compel any exercise of the tax ing power of the State or any county (including Lowndes County), municipal corporation or political subdivision thereof nor to enforce the payment thereof against any property of the State or any such county, municipal corporation or political subdivision, other than the assessments pledged to the payment thereof.
Such bonds shall bear such date or dates, shall mature at such time or times (not exceeding 40 years from the date thereof), shall bear interest at such rate or rates (which may be fixed or may flue-

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tuate or otherwise change from time-to-time), shall be subject to redemption on such terms and shall contain such other terms, provi sions, covenants and conditions as the resolution authorizing the is suance thereof may permit or provide, and any limitations with respect to interest rates or any maximum interest rate or rates found in the Revenue Bond Law (Ga. Laws 1937, p. 761], as now or hereafter amended, the usury laws of the State of Georgia or any other laws of the State of Georgia shall not apply to such bonds.
Such bonds shall on the face thereof recite the streets, roads, avenues, alleys and lanes, or parts thereof, for the improvement of which they have been issued and that they are payable solely from the assessments levied upon the property which abuts such im provements. Such bonds may be issued in coupon or registered form, or both, as the Board may determine, and the Board may make provi sions for the registration of any coupon bonds as to principal alone or as to both principal and interest. The Board may prescribe the form of such bonds and any coupons which may be used in conjunction therewith. The Board may determine the denomination of the bonds, the terms and conditions of their redemption (whether optional or mandatory) before maturity, and the medium and the place of pay ment of principal and interest, which may be at any bank or trust company within or without the State of Georgia.
All of such bonds shall bear the manual or facsimile signature of the Chairman or Vice Chairman of the Board, attested by the manual or facsimile signature of the Secretary or Assistant Secretary thereof, provided that at least one of such signatures shall be manual, and shall have the seal of Lowndes County impressed or imprinted thereon. Any coupons attached thereto shall bear the facsimile signature of the Secretary or Assistant Secretary of the Board. When such bonds or coupons bear the manual or facsimile signature of an officer of the Board, such signature shall remain valid and effective for its original intent and purpose notwithstanding that prior to delivery the signer thereof may have ceased to hold the office indicated.
Such bonds shall have all of the qualities and incidents of negotiable instruments under the laws of this State and are hereby declared to be issued for an essential public and governmental pur pose, and the interest on such bonds shall be exempt from taxation within this State.
The Board may provide for the issuance of any refunding bonds for the purpose of refunding any bonds issued under the provisions hereof and then outstanding, together with the accrued interest and premium, if any, thereon. The issuance of such refunding bonds, the maturities and all other terms and provisions thereof and the rights of the holders thereof shall be governed by the foregoing provisions in sofar as the same may be applicable.
Bonds issued hereunder shall be confirmed and validated, insofar as applicable, in accordance with the provisions of the Revenue Bond Law, as now or hereafter amended. In lieu of specifying the rate or rates of interest which such bonds are to bear, the notice to the

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District Attorney or Attorney General and the notice to the public of the time, place and date of the validation hearing may state that the bonds when issued will bear interest at a rate not exceeding a max imum per annum rate of interest specified in such notices or that in the event the bonds are to bear different rates of interest for different maturity dates that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained herein shall be construed as prohibiting or restricting the right of Lowndes County to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the max imum per annum interest rate specified in such notices. The petition filed by the District Attorney or the Attorney General, as the case may be, need not set forth the amount of principal and interest to be paid annually or when the bonds will be paid in full. The judgment of validation shall be final and conclusive with respect to such bonds and the security therefor, and each bond issued hereunder shall bear a certificate of validation, executed by the manual or facsimile signature of the Clerk of the Superior Court of Lowndes County, stating the date on which such bonds were validated.
Such bonds may be issued without regard to the amount of any outstanding debts or bonds of Lowndes County."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize Lowndes County to issue street improvement bonds for
[ ] NO the purpose of financing the costs of acquiring, construct ing and improving streets, such bonds to be payable solely from the assessments on the property which abuts the im provements acquired or constructed with the proceeds thereof?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the 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.

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3223

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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Dean Eldridge English Engram

Evans Fincher of 52nd Foster Gillis Greene Hill Horton Hudson Kennedy Kidd Land Lester Littlefield McGill

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

Those not voting were Senators:

Barnes Bell Bryant Coverdell Deal

Fincher of 54th Garner Holloway (presiding) Howard

Hudgins Reynolds Stumbaugh Trulock

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 816. By Representative Jessup of the 117th:
A RESOLUTION Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Pulaski County from education districts and to provide for other matters relative thereto; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Paragraph II of Section V of Article VIII of the Constitu tion is amended by adding at the end thereof a new undesignated paragraph to read as follows:
"Pulaski County Board of Education. (1) The Board of Education of Pulaski County shall be composed of seven members who shall be elected as provided in this paragraph.
(2) For the purpose of electing the members of said board of education, Pulaski County shall be divided into seven education districts as follows:
District No. 1
Pulaski County Tract 9901 Blocks 101 through 104, 109, 117, 118, 161, 162, 201 through 233, 235,237, and 408
District No. 2
Pulaski County Tract 9901 Blocks 304, 305, 308, 403 through 407, 409 through 417, 419 through 429, and 431
District No. 3
Pulaski County Tract 9901 Blocks 301 through 303, 306, 307, 309 through 334, 337 through 339, 341 through 343, 346, 347, 401, 402, 418, 430, 432, 433, 526, 527, and 530 through 533
District No. 4
Pulaski County Tract 9901 Blocks 236, 238 through 243, 245 through 251, 257, 503 through 507, 509 through 519, and 539 through 552
District No. 5
Pulaski County Tract 9901 Block Groups 6 and 7

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District No. 6
Pulaski County Tract 9901 Blocks 244, 252 through 256, 258, 259, 335, 336, 344, 345, 501, 502, 520 through 525, 528, 529, 534 through 538, 553 through 557, and 559 through 566
District No. 7
Pulaski County Tract 9901 Blocks 105 through 108, 110 through 116, 119 through 160, and 163 through 171
For the purposes of this paragraph:
(A) 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.
(B) Whenever the description of any education 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.
(C) Any part of Pulaski County which is not included in any district described in this paragraph 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.
(3) Each member of the board of education shall be a resident of the respective education district during the member's term of office, and a candidate for membership on said board shall have been a resi dent of the education district for which the candidate offers for elec tion at least one year prior to the date of election. Each person offering for election as a member of said board shall specify the education district for which the person is offering. Each member of the board shall be elected by a majority vote of the qualified voters voting within each respective district. All members of the board shall be nominated and elected in accordance with the provisions of the general election laws of this state.
(4) (A) The first members of the board elected from Districts 3, 4, and 7 shall be nominated and elected at the primary and general elec tions held in 1984. The members elected in 1984 shall take office on the first day of January, 1985, and shall serve for terms of six years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately

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preceding the expiration of the terms of office and shall take office on the first day of January immediately following the election for terms of six years and until their successors are elected and qualified. The members elected from Districts 3, 4, and 7 shall be the successors to the two appointed incumbent members of the heretofore existing board of education whose terms of office are scheduled to expire on April 15, 1983, and the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on April 15, 1984. The terms of office of these three appointed members shall be extended until December 31, 1984, and until their successors are elected and qualified as provided in this part.
(B) The first members of the board elected from Districts 2, 5, and 6 shall be nominated and elected at the primary and general elections held in 1986. The members elected in 1986 shall take office on the first day of January, 1987, and shall serve for terms of six years and until their successors are elected and qualified. Thereafter, their suc cessors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following the election for terms of six years and until their successors are elected and qualified. The members elected from Districts 2, 5, and 6 shall be the successors to the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on April 15, 1985, and the two appointed incumbent members of the heretofore existing board of education whose terms of office are scheduled to expire on April 15, 1986. The terms of office of these three appointed members shall be extended until December 31, 1986, and until their successors are elected and qualified as provided in this part.
(C) The first member of the board of education elected from District 1 shall be nominated and elected at the primary and general elections held in 1988. The member elected in 1988 shall take office on the first day of January, 1989, and shall serve for a term of six years and until his successor is elected and qualified. Thereafter, his suc cessor shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of six years and until his successor is elected and qualified. The member elected from District 1 shall be the successor to the one appointed in cumbent member of the heretofore existing board of education whose term is scheduled to expire April 15, 1987. The term of office of such appointed member shall be extended until December 31, 1988, and until his successor is elected and qualified as provided in this part.
(5) From the period January 1, 1983, until December 31, 1984, the board of education shall consist of the seven appointed incumbent members of the heretofore existing board. From the period January 1, 1985, until December 31, 1988, the board of education shall consist of the members elected pursuant to subparagraph (4) and those ap pointed incumbent members provided for in subparagraph (4). On and after January 1, 1989, the board of education shall consist of members elected pursuant to this paragraph.

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(6) A vacancy which occurs in the membership of the board by death, resignation, removal from the education district, or for any other reason shall be filled by the remaining members of the board electing a successor to serve for the unexpired term. A person elected by the board to fill a vacancy shall meet the residency requirements for the education district wherein the vacancy occurred.
(7) The Board of Education of Pulaski County provided for by this paragraph shall be subject to all constitutional and statutory provi sions of this state relative to county boards of education and the members thereof, except as otherwise provided by 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 provide for the election of the members of the Board of Education of
[ ] NO Pulaski County from education districts and to provide for other matters relative thereto?"
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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Dean

Eldridge English Engram Evans Fincher of 52nd Foster Gillis Greene Hill Horton Hudson Kennedy

Kidd Land Lester Littlefield McGill McKenzie Robinson Scott Starr Stephens Summers Sutton

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Turner Tysinger

Walker Wessels

Those not voting were Senators:

Barnes Bell Bryant Coverdell Deal

Fincher of 54th Garner Holloway (presiding) Howard

Hudgins Reynolds Stumbaugh Trulock

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 817. By Representative Jessup of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Bleckley County from education districts and to provide for other matters relative thereto; 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. Paragraph II of Section V of Article VIII of the Constitu tion is amended by adding at the end thereof a new undesignated paragraph to read as follows:
"Bleckley County Board of Education. (1) The Board of Education of Bleckley County shall be composed of five members who shall be elected as provided in this paragraph.
(2) For the purpose of electing the members of said board of education, Bleckley County shall be divided into five education districts as follows:
District No. 1
Bleckley County Tract 9901 Block 355 Block Group 4 Blocks 521, 522, 524 through 527, 531 through 533, 537 through 539, 602 through 613, and 622 Block Group 7

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Tract 9902 Blocks 308, 310 through 317, 326 through 336, 343 through 349, 352 through 355, and 533 through 546
District No. 2
Bleckley County Tract 9901 Blocks 501 through 520, 523, 528 through 530, 534 through 536, 540, 541, 601, 614 through 621, and 623 through 627 Tract 9902 Blocks 225, 401 through 411, 416, 418, 433 through 435, and 506
District No. 3
Bleckley County Tract 9902 Blocks 202 through 204, 209 through 213, 224, 228, 245, 413 through 415, 417, 420 through 432, 436 through 445, 501 through 505, 507 through 532, and 547
District No. 4
Bleckley County Tract 9902 Block Group 1 Blocks 201, 205 through 208, 214 through 223, 229 through 244, 301 through 307, 318 through 325, 337 through 342, 350, and 351
District No. 5
Bleckley County Tract 9901 Block Groups 1 and 2 Blocks 301 through 354 and 356 through 367
For the purposes of this paragraph:
(A) 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.
(B) Whenever the description of any education 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.

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(C) Any part of Bleckley County which is not included in any district described in this paragraph 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.
(3) Each member of the board of education shall be a resident of the respective education district during the member's term of office, and a candidate for membership on said board shall have been a resi dent of the education district for which the candidate offers for elec tion at least one year prior to the date of election. Each person offering for election as a member of said board shall specify the education district for which the person is offering. Each member of the board shall be elected by a majority vote of the qualified voters voting within each respective district. All members of the board shall be nominated and elected in accordance with the provisions of the general election laws of this state.
(4) (A) The first members of the board elected from Districts 1 and 3 shall be nominated and elected at the primary and general elections held in 1984. The members elected in 1984 shall take office on the first day of January, 1985, and shall serve for terms of four years and until their successors are elected and qualified. Thereafter, their suc cessors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following the election for terms of four years and until their successors are elected and qualified. The members elected from Districts 1 and 3 shall be the successors to the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on March 5, 1983, and the one appointed incumbent member of the heretofore ex isting board of education whose term of office is scheduled to expire on March 7, 1984. The terms of office of these two appointed members shall be extended until December 31, 1984, and until their successors are elected and qualified as provided in this part.
(B) The first members of the board elected from Districts 4 and 5 shall be nominated and elected at the primary and general elections held in 1986. The members elected in 1986 shall take office on the first day of January, 1987, and shall serve for terms of four years and until their successors are elected and qualified. Thereafter, their suc cessors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following the election for terms of four years and until their successors are elected and qualified. The members elected from Districts 4 and 5 shall be the successors to the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on March 5, 1985, and the one appointed incumbent member of the heretofore ex isting board of education whose terms of office is scheduled to expire on March 4, 1986. The terms of office of these two appointed members shall be extended until December 31, 1986, and until their successors are elected and qualified as provided in this part.

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(C) The first member of the board of education elected from District 2 shall be nominated and elected at the primary and general elections held in 1988. This member elected in 1988 shall take office on the first day of January, 1989, and shall serve for a term of four years and until his successor is elected and qualified. Thereafter, his successor shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of four years and until his successor is elected and qualified. The member elected from District 2 shall be the successor to the one ap pointed incumbent member of the heretofore existing board of educa tion whose term is scheduled to expire March 5, 1987. The term of of fice of such appointed member shall be extended until December 31, 1988, and until his successor is elected and qualified as provided in this part.
(5) From the period January 1, 1983, until December 31, 1984, the board of education shall consist of the five appointed incumbent members of the heretofore existing board. From the period January 1, 1985, until December 31, 1988, the board of education shall consist of the members elected pursuant to subparagraph (4) and those ap pointed incumbent members provided for in subparagraph (4). On and after January 1, 1989, the board of education shall consist of members elected pursuant to this paragraph.
(6) A vacancy which occurs in the membership of the board by death, resignation, removal from the education district, or for any other reason shall be filled by the remaining members of the board electing a successor to serve for the unexpired term. A person elected by the board to fill a vacancy shall meet the residency requirements for the education district wherein the vacancy occurred.
(7) The Board of Education of Bleckley County provided for by this paragraph shall be subject to all constitutional and statutory pro visions of this state relative to county boards of education and the members thereof, except as otherwise provided by 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 provide for the election of the members of the Board of Education of
[ ] NO Bleckley County from education districts and to provide for other matters relative thereto?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote ' 'No.''
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Dean Eldridge English Engram

Evans Fincher of 52nd Foster Gillis Greene Hill Horton Hudson Kennedy Kidd Land Lester Littlefield McGill

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

Those not voting were Senators:

Barnes Bell Bryant Coverdell Deal

Fincher of 54th Garner Holloway (presiding) Howard

Hudgins Reynolds Stumbaugh Trulock

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 822. By Representative Crawford of the 5th:

A RESOLUTION
Proposing an amendment to the Constitution, so as to allocate to the Chattooga County School District and the Trion Independent School District the proceeds of any local sales and use tax levied within Chat tooga County and provide for corresponding ad valorem tax adjustments; to provide for submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, MARCH 24, 1982

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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:
"Subject to such conditions and limitations as the General Assembly may provide by local law, the net proceeds of any sales and use tax levied within Chattooga County, regardless of by whom the tax is levied, shall be divided between the Chattooga County School District and the Trion Independent School District. The net proceeds of the tax shall be distributed between the Chattooga County School District and the Trion Independent School District according to the ratio the population in each school district bears to the total popula tion of Chattooga County or upon such other formula for distribution as may be determined by local law. The ad valorem tax millage rate limitation applicable to the Chattooga County School District under this Section VII of the Constitution and any ad valorem tax millage rate limitation now or hereafter applicable to the Trion Independent School District shall be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against proper ty taxable for educational purposes within each 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. Said school districts shall also comply with the provisions of Code Section 48-8-91 as if they were counties or municipalities within the meaning of that Code section. The provi sions of this paragraph are self-executing, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to define further and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the sub ject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter not withstanding 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 allocate to the Chattooga County School District and the Trion Indepen-
[ ] NO dent School District the proceeds of any local sales and use tax levied within Chattooga County and provide for corresponding ad valorem tax adjustments?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote " No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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The Senate Committee on County and Urban Affairs offered the following substitute to HR 822:

A RESOLUTION
Proposing an amendment to the Constitution, so as to allocate to the Chattooga County School District and to the City of Trion for the use of the Trion Independent School District the proceeds of any local sales and use tax levied within Chattooga County and so as to provide for cor responding ad valorem tax adjustments; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows:
"Subject to such conditions and limitations as the General Assembly may provide by local law, the net proceeds of any sales and use tax levied within Chattooga County, regardless of by whom the tax is levied, shall be divided between the Chattooga County School District and the City of Trion for the use of the Trion Independent School District. The net proceeds of the tax shall be distributed be tween the Chattooga County School District and the City of Trion for the use of the Trion Independent School District according to the ratio the population in each school district bears to the total population of Chattooga County or upon such other formula for distribution as may be determined by local law. The ad valorem tax millage rate limitation applicable to the Chattooga County School District under this Section VII of the Constitution and any ad valorem tax millage rate limitation now or hereafter applicable to the Trion Independent School District 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 each 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. Said school districts and the City of Trion on behalf of the Trion Independent School District shall also with respect to ad valorem taxes levied by them comply with the provisions of Code Section 48-8-91 as if they were counties or municipalities within the meaning of that Code section. The provisions of this paragraph are selfexecuting, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to define further 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.

WEDNESDAY, MARCH 24, 1982

3235

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to allocate to the Chattooga County School District and to the City of Trion
[ ] NO for the use of the Trion Independent School District the proceeds of any local sales and use tax levied within Chat tooga County and so as to provide for corresponding ad valorem tax adjustments?"
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 43, 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Dean Eldridge English Engram

Evans Fincher of 52nd Foster Gillis Greene Hill Horton Hudson Kennedy Kidd Land Lester Littlefield McGill

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

Those not voting were Senators:

Barnes Bell Bryant Coverdell Deal

Fincher of 54th Garner Holloway (presiding) Howard

Hudgins Reynolds Stumbaugh Trulock

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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 by substitute.

HR 823. By Representatives Fortune and Mostiler of the 71st:

A RESOLUTION
Proposing an amendment to the Constitution so as to declare the con struction of certain public facilities in Spalding County to be an essential governmental function; to authorize Spalding County to levy a one per cent retail sales and use tax on sales and uses within the County to pro vide funds for the financing of such public facilities; to authorize Spalding County and the Griffin-Spalding County School System to issue general obligation bonds without a referendum election under certain conditions; to provide for the submission of this proposed amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"The construction of certain public facilities in Spalding County is an essential governmental function and a public purpose for which the power of taxation may be exercised and public funds may be ex pended.
In furtherance of the achievement of such public purposes, the County is hereby authorized, from and after the effective date for the tax herein imposed and established by the General Assembly, to levy a retail sales and use tax upon the retail purchase, retail sale, rental, storage, use or consumption of tangible personal property, and upon the services described and set forth in the Georgia Retailers' and Con sumers' Sales and Use Tax Act, on sales, uses and services rendered within the geographical area of the County. The tax imposed shall cor respond, so far as is practicable, except as to rate, with the tax impos ed by the State Sales and Use Tax Act. The tax when levied shall be at the rate of one percent and shall be added to the tax collected pur suant to the State Sales Tax Act. The proceeds of the tax herein impos ed shall be used solely to acquire, build, equip, finance or lease public facilities. The imposition of said tax and its collection by the County for the aforesaid uses are hereby declared essential to the achieve ment of the public purpose mentioned herein.
The right to levy a retail sales and use tax as created by this amendment shall not terminate until all debt issued pursuant to Sec tion 2 hereof to which said tax has been pledged as security has been retired or refunded.

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The General Assembly may by enactment prescribe such other rules as may be necessary for the collection and administration of said tax and the distribution of the funds collected pursuant thereto. The funds collected pursuant to the tax herein imposed shall be used to achieve the public purpose mentioned herein under such terms and conditions as the General Assembly may by enactment prescribe."
Section 2. Article IX, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following:
"provided, however, Spalding County and Griffin-Spalding Coun ty School System may issue sales and use tax bonds payable solely from and secured solely by the proceeds of the tax imposed pursuant to Section 1 hereof for jail facilities and courthouse and administrative facilities for Spalding County and for a high school and appurtenant facilities for the Griffin-Spalding County School System, including but not limited to the cost of acquiring land, buildings and equipment, property both real and personal, and all incidental costs and expenses related thereto, without submitting the issuance thereof to the voters of said County or said School District at a referendum, subject to the following restrictions and limitations:
a. Not more than seventeen million three hundred thousand dollars ($17,300,000) in the aggregate in such sales and use tax bonds so issued without a referendum shall ever be issued; provided that within such aggregate limit no more than three million two hundred thousand dollars ($3,200,000) shall be issued for jail facilities, no more than four million one hundred thousand dollars ($4,100,000) shall be issued for courthouse and administrative facilities, and no more than ten million dollars ($10,000,000) shall be issued for a high school and appurtenant facilities.
b. Bonds issued pursuant to this amendment shall be confirmed and validated, insofar as applicable, in accordance with the procedure of the Revenue Bond Law (Official Code of Ga. Ann. Title 36, Chapter 82, Article 3), as now or hereafter amended.
The foregoing and each and every enactment of the General Assembly pursuant thereto, shall be liberally construed to effectuate the public purpose mentioned herein and shall not be limited by any existing provisions of or amendment to this Constitution or any general or special law heretofore enacted, and the authority granted hereby to the General Assembly may be exercised by general, special, or local laws without regard to uniformity."
Section 3. The resolution of the General Assembly of Georgia pro posing an amendment to the Constitution of the State of Georgia so as to declare the construction of certain public facilities in Spalding County to be an essential governmental function; to authorize Spalding County to levy a one percent retail sales and use tax on sales and uses within the County to provide funds for the financing of such public facilities; to pro vide for the submission of the proposed amendment for ratification and for other purposes, which resolution is contained in Georgia Laws 1981, p. 1934-1936, is hereby rescinded and shall be of no force and effect.

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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 declare the construction of certain public facilities in Spalding County
[ ] NO as an essential governmental function and a public pur pose; to authorize Spalding County to levy a retail sales and use tax to provide funds for the implementation of such public purpose; to authorize Spalding County to issue not more than three million two hundred thousand dollars ($3,200,000) of jailhouse bonds and not more than four million one hundred thousand dollars ($4,100,000) of courthouse and administrative facility bonds; to authorize the Griffin-Spalding County School System to issue not more than ten million dollars ($10,000,000) of school bonds; all such bonds to be payable solely from and secured solely by the proceeds of sales and use tax without a referendum, but subject to the limitations im posed?"
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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Dean

Eldridge English Engram Evans Fincher of 52nd Foster Gillis Greene Hill Horton Hudson Kennedy

Kidd Land Lester Littlefield McGill McKenzie Robinson Scott Starr Stephens Summers Sutton

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Tate Thompson Timmons

Turner Tysinger

Walker Wessels

Those not voting were Senators:

Barnes Bell Bryant Coverdell Deal

Fincher of 54th Garner Holloway (presiding) Howard

Hudgins Reynolds Stumbaugh Trulock

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 826. By Representatives Fortune and Mostiler of the 71st:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Griffin-Spalding County Board of Education shall be composed of ten members to be elected from ten education districts by the electors of their respective districts; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution is amended by adding at the end thereof the following:
"A. The administration of the Griffin-Spalding County School System shall be vested in a Board to be known and designated as the 'Griffin-Spalding County Board of Education.' Said Board shall consist of ten members, each of whom shall be a person of good moral character and at least 25 years of age at the time of assuming office as a member of said Board. Each of the ten districts hereinafter created and described shall be represented by one member of such Board, who shall have been a resident of the district he represents for at least six months before his election or appointment to said Board.
B. There are hereby created ten such single member districts and the boundaries of each such district are hereafter designated and described as follows:
District 1
Beginning at the intersection of Solomon and North Hill Street; and running north along Hill Street to its intersection with the City limits of Griffin; and running south and southwest along the City

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limits to its intersection with the Central of Georgia Railroad Line; and running north and northwest along the Griffin-Chattanooga Line of the Central of Georgia Railroad System to its intersection with the City limits; and running south along the City limits to its intersection with Georgia Highway 16 (West Taylor Street); and running east along West Taylor Street to its intersection with Expressway North; and running north along Expressway North to its intersection with West Solomon Street; and running east along West Solomon Street to its in tersection with North Hill Street, the point of beginning.
District 2
Beginning at the intersection of North Hill Street and Solomon Street; and running north along North Hill Street to its intersection with the City limits of Griffin; and running south and east along the City limits to its intersection with Georgia Highway 16; and running east and north along Georgia Highway 16 to its intersection with the northeast boundary of the East Griffin (1980) Census Designated Place (Tract 9908, Block 107) and running south and east along the northeast boundary of East Griffin (1980) Census Designated Place to its intersection with High Falls Road; and running west along High Falls Road and East Solomon Street to its intersection with North Hill Street, the point of beginning.
District 3
Beginning at the intersection of South Eighth Street and West Solomon Street and running east along Solomon Street to its intersec tion with High Falls Road; and running east along High Falls Road to its intersection with the City limits of Griffin; and running south and west along the City limits to its intersection with South Sixth Street Ex tension (Maple Drive); and running north along South Sixth Street Ex tension (Maple Drive) to its intersection with Wesley Drive; and run ning west and south along Wesley Drive to its intersection with Maddox Road; and running west along Maddox Road to its intersection with the City limits of Griffin; and running north and west along the City limits of Griffin to its intersection with South Hill Street; and run ning north along South Hill Street to its intersection with South Eighth Street; and running north along South Eighth Street to its intersection with West Solomon Street.
District 4
Beginning at the intersection of South Eighth Street and West Solomon Street and running west along West Solomon Street to its in tersection with Expressway North; and running south along Ex pressway North to its intersection with Georgia Highway 16 (West Taylor Street); and running west along Georgia Highway 16 to its in tersection with U.S. Highway 19-41; and running south along U.S. Highway 19-41 to its intersection with the City limits of Griffin; and running east, south, and north along the City limits of Griffin to its in tersection with South Hill Street; and running north along South Hill Street to its intersection with South Eighth Street; and running north along South Eighth Street to its intersection with West Solomon Street.

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District 5
Beginning at the intersection of the City limits of Griffin and North Hill Street; and running south and west along the City limits to its intersection with Central of Georgia Railroad; and running north along the Macon-Atlanta Line of the Central of Georgia Railroad System to its intersection with Dobbins Mill Road; and running east along Dobbins Mill Road to its intersection with Jordan Hill Road; and running north and east along Jordan Hill Road to its intersection with North Second Street Extension (Road Route S2083); and running south and east along Road Route S2083 to its intersection with Mclntosh Road and North Second Street Extension; and running south and west along North Second Street Extension to its intersection with Cabin Creek Trail (Road Route P352); and running south and east along Road Route P352 to its intersection with Jackson Road (Georgia Highway 16); and running south and west along Jackson Road to its intersection with the City limits of Griffin; and running north and west along the City limits of Griffin to its intersection with North Hill Street; and running south along North Hill Street to the point of begin ning.
District 6
Beginning at the intersection of Jackson Road (Georgia Highway 16) and the northeast boundary of the East Griffin (1980) Census Designated Place (Tract 9908, Block 107); and running north and east along Jackson Road to its intersection with Road Route P352; and run ning north and west along Road Route P352 to its intersection with North Second Street Extension; and running north along North Second Street Extension to its intersection with Mclntosh Road and Road Route S2083; and running north along Road Route S2083 to its in tersection with Southern Railroad; and running north and east along Southern Railroad to its intersection with Smoak Road; and running north along Smoak Road to its intersection with Teamon Road; and running east along Teamon Road to its intersection with Georgia Highway 155; and running north along Georgia Highway 155 to its in tersection with the Spalding-Henry County line; and running, east, south, and west along the Spalding County boundary line to its in tersection with Walker's Mill Road; and running north and east along Walker's Mill Road to its intersection with Rehoboth Road; and run ning north and west along Rehoboth Road to its intersection with Bar row Road; and running north along Barrow Road to its intersection with Newton Road; and running west along Newton road to its in tersection with High Falls Road and the eastern boundary of East Grif fin (1980) Census Designated Place (Tract 9908, Block 107); and run ning north and west along the boundary of East Griffin (1980) Census Designated Place to its intersection with Jackson Road (Georgia Highway 16), the point of beginning.
District 7
Beginning at the intersection of High Falls Road and the City Limits of Griffin; and running east along High Falls Road to its in tersection with Newton Road; and running east along Newton Road to its intersection with Barrow Road; and running south along Barrow

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Road to its intersection with Rehoboth Road; and running south and east along Rehoboth Road to its intersection with Walker's Mill Road; and running south and west along Walker's Mill Road to its intersec tion with the Spalding-Lamar County line; and running west along the Spalding County line to its intersection with State Highway 3 (South Hill Street Extension); and running north along State Highway 3 to its intersection with South Side Drive; and running west along South Side Drive to its intersection with Kennedy Drive; and running north along Kennedy Drive to its intersection with O'dell Road; and running west along O'dell Road to its intersection with U.S. Highway 19-41; and running north along U.S. Highway 19-41 to its intersection with the Griffin city limits; and running north, east and south along the City limits of Griffin to its intersection with Maddox Road; and running east along Maddox Road to its intersection with Wesley Drive; and running north and east along Wesley Drive to its intersection with South Sixth Street Extension (Maple Drive); and running south along South Sixth Street Extension (Maple Drive) to its intersection with the City limits of Griffin; and running east, north, west and south along the City limits of Griffin to its intersection with High Falls Road.
District 8
Beginning at the intersection of State Highway 3 (South Hill Street Extension) and South Side Drive and running south along State Highway 3 to its intersection with the Spalding-Pike County line; and running west, north, and east along the Spalding County line to its in tersection with Fayetteville Road; and running east along Fayetteville Road to its intersection with Cheatham Road; and running south along Cheatham Road to its intersection with Vaughn School Road; and run ning south and west along Vaughn School Road to its intersection with New Salem Road; and running east along New Salem Road to its in tersection with West Mclntosh Road; and running east along West Mclntosh Road to its intersection with New Salem Road; and running east along New Salem Road to its intersection with Ellis Road; and running east along Ellis Road to its intersection with the City limits of Griffin; and running south along the City limits of Griffin to its in tersection with Georgia Highway 16; and running east along Georgia Highway 16 to its intersection with U.S. Highway 19-41; and running south along U.S. Highway 19-41 to its intersection with State Highway 362 and the City limits of Griffin; and running west, south and east along the City limits of Griffin to its intersection with U.S. Highway 19-41; and running south south along U.S. Highway 19-41 to its in tersection with O'dell Road; and running east along O'dell Road to its intersection with Kennedy Drive; and running south along Kennedy Drive to its intersection with South Side Drive; and running east along South Side Drive to its intersection with State Highway 3 (South Hill Street Extension).
District 9
Beginning at the intersection of the westerly projection of Mud Bridge Road and the Spalding-Fayette County line; and running east along Mud Bridge Road to its intersection with Coleman Road; and running south and east along Coleman Road to its intersection with Sidney Road; running south along Sidney Road to its intersection with

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Birdie Road; and running east along Birdie Road to its intersection with Steel Road; and running south and east along Steel Road to its in tersection with Vineyard Road; and running east along Vineyard Road to its intersection with Central of Georgia Railroad; and running south along the Main Line of Central of Georgia Railroad System to its in tersection with the Griffin-Chattanooga Line of the Central of Georgia Railroad System; and running west along Central of Georgia Railroad to its intersection with the City limits of Griffin; and running south along the City limits of Griffin to its intersection with Ellis Road; and running west along Ellis Road to its intersection with New Salem Road; and running west and north along New Salem Road to its junc tion with West Mclntosh Road; and running west on West Mclntosh/New Salem Road and continuing north and west on New Salem Road to its intersection with Vaughn School Road; and running north and east along Vaughn School Road to its intersection with Cheatham Road; and running north and west along Cheatham Road to its in tersection with Fayetteville Road; and running west along Fayetteville Road to its intersection with the Spalding-Fayette County line; and running north along the Spalding-Fayette County line to its intersec tion with the westerly projection of Mud Bridge Road, the point of beginning.
District 10
Beginning at the intersection of the westerly projection of Mud Bridge Road and the Spalding-Fayette County line; and running east along Mud Bridge Road to its intersection with Coleman Road; and running east along Coleman Road to its intersection with Sidney Road; and running south along Sidney Road to its intersection with Birdie Road; and running east along Birdie Road to its intersection with Steel Road; and running south and east along Steel Road to its in tersection with Vineyard Road; and running east along Vineyard Road to its intersection with Dobbins Mills Road; and running east along Dobbins Mill Road to its intersection with Jordan Hill Road; and run ning north and east along Jordan Hill Road to its junction with North Second Street Extension and Road Route S2083; and running east and south along Road Route S2083 to its intersection with Southern Railroad; and running north and east along Southern Railroad to its in tersection with Smoak Road; and running north along Smoak Road to its intersection with Teamon Road; and running east along Teamon Road to its intersection with Georgia Highway 155; and running north and east along Georgia Highway 155 to its intersection with the Spalding-Henry County line; and running west, north and south along the Spalding County boundary line to its intersection with the wester ly projection of Mud Bridge Road, the point of beginning.
C. At the first election for members of said Board of Education, the term of members elected from Districts Nos. 1, 4, 7, 8, and 10 shall be for a term of two years from December 31st of the year of their election. The term of such members from Districts Nos. 2, 3, 5, 6 and 9 shall be for a term of four years from December 31st of the year of their election. All members so elected shall hold office until their suc cessors have been duly elected (or appointed as hereinafter provided) and take office. The term of each member of the said Griffin-Spalding

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County Board of Education elected after the first election of such members shall be for a term of four years from December 31st of the year of his election, and until his respective successor is elected and takes office.
D. Each candidate for election as a member of the GriffinSpalding County Board of Education shall qualify by filing written notice of his candidacy with the Judge of the Probate Court of the County of Spalding. Each such candidate, desiring to have his name placed on the ballot, shall file his notice of candidacy during the days and within the same time and manner as provided by law for a can didate, seeking nomination to run for election to the House of Representatives of the General Assembly of Georgia, qualifying in a general primary election, and in the event of change in the law such notice shall be filed at and within the same times and dates, and in the same manner, as may be hereafter provided by law for a candidate, other than the nominee of a political party nominated in a primary, seeking election (or nomination) as a member of the General Assembly of Georgia in a general primary election. Each such can didate shall accompany his notice of candidacy with an affidavit stating such information as is required by law for candidates in a general primary election and such other information as may be prescribed by the Spalding County Probate Judge with whom the can didate files his notice of candidacy. The qualifying fee to be paid by each candidate at the time of filing such notice of his candidacy shall be equal to the per diem compensation then being paid to a member of such Board of Education for attending a regular monthly meeting of said Board.
E. Each member of said Board qualifying from any of the aforesaid districts shall be elected by a majority vote of the electors, residing in such district and voting in such election. In the event no such candidate shall receive a majority of the votes cast, a run-off election between the candidates receiving the two highest number of votes shall be held on the date and in the manner as now or hereafter provided by law for holding such run-off elections in the general primary for election of members of the General Assembly of Georgia. Only the electors entitled to vote in the special election, as held con temporaneously with the general primary election, shall be entitled to vote in any run-off election resulting therefrom.
F. The first election hereunder for the ten members of said Board of Education shall be held by the Election Superintendent of Spalding County, Georgia, during the year, 1984, on the same date and during the same hours that the general primary election is held in the State of Georgia. Beginning with the year 1986 and biennially thereafter, there shall be an election of five members to the Griffin-Spalding County Board of Education. Each such election shall be a special elec tion and shall be held in the same manner, except as herein this Act set out, as provided by law for conducting special elections in the State of Georgia. The Election Superintendent of Spalding County is hereby authorized to employ the necessary personnel and make necessary arrangements for conducting each such special election. He shall canvass the returns and declare and certify the results of each such election and he shall otherwise conduct each such election, or

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run-off election, under the pertinent laws of Georgia as a special elec tion. He is further hereby empowered and authorized to promulgate such rules and regulations, cumulative of those provided by law, in conducting any such election, or run-off election, that he, within his sole authority and discretion, may deem fair and equitable under the circumstances prevailing. The expenses of any such election, or run off election, shall be borne by Spalding County.
G. The death or resignation of a member of said Board, or his physical or mental disability to perform his duties, or the removal of his residence for a continuous period of two months from the district from which he qualified, or the failure of such member to attend any three consecutive meetings of the Board unexcused by the majority vote by the remaining members of such Board, and the occurrence of any one or more of such events, shall be deemed to create a vacancy on said Board with respect to the office held by such member. Any such vacancy on the Board shall be filled by the majority vote of the remaining members at a regular monthly meeting or at any special meeting, duly called and held for that purpose, with the person designated to fill such vacancy having been a resident, for the six months next preceding, of the particular district with respect to which such vacancy occurred; however, if any such vacancy shall occur more than two years and eight months before the term of office of the member creating such vacancy shall expire, said Board may fill such vacancy only for the period ending December 31 of the next suc ceeding calendar year in which an election for Board members is to be held, at which such election a member of said Board shall be elected, as herein provided, to fill the remaining two years of the unexpired term. Any person filling such vacancy shall serve as a member of said Board until his successor is elected (or appointed) and takes office."
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 Griffin-Spalding County Board of Education shall be
[ ] NO composed of ten members to be elected from ten educa tion districts by the electors of their respective districts?''
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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The Senate Committee on County and Urban Affairs offered the following substitute to HR 826:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Griffin-Spalding County Board of Education shall be composed of ten members to be elected from ten education districts by the electors of their respective districts; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution is amended by adding at the end thereof the following:
"A. The administration of the Griffin-Spalding County School System shall be vested in a Board to be known and designated as the 'Griffin-Spalding County Board of Education.' Said Board shall consist of ten members, each of whom shall be a person of good moral character and at least 25 years of age at the time of assuming office as a member of said Board. Each of the ten districts hereinafter created and described shall be represented by one member of such Board, who shall have been a resident of the district he represents for at least six months before his election or appointment to said Board.
B. There are hereby created ten such single member districts and the boundaries of each such district are hereafter designated and described as follows:
District 1
Beginning at the intersection of Solomon and North Hill Street; and running north along Hill Street to its intersection with the City limits of Griffin; and running south and southwest along the City limits to its intersection with the Central of Georgia Railroad Line; and running north and northwest along the Griffin-Chattanooga Line of the Central of Georgia Railroad System to its intersection with the City limits; and running south along the City limits to its intersection with Georgia Highway 16 (West Taylor Street); and running east along West Taylor Street to its intersection with Expressway North; and running north along Expressway North to its intersection with West Solomon Street; and running east along West Solomon Street to its in tersection with North Hill Street, the point of beginning.
District 2
Beginning at the intersection of North Hill Street and Solomon Street; and running north along North Hill Street to its intersection with the City limits of Griffin; and running south and east along the City limits to its intersection with Georgia Highway 16; and running east and north along Georgia Highway 16 to its intersection with the northeast boundary of the East Griffin (1980) Census Designated Place (Tract 9908, Block 107) and running south and east along the

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northeast boundary of East Griffin (1980) Census Designated Place to its intersection with High Falls Road; and running west along High Falls Road and East Solomon Street to its intersection with North Hill Street, the point of beginning.
District 3
Beginning at the intersection of South Eighth Street and West Solomon Street and running east along Solomon Street to its intersec tion with High Falls Road; and running east along High Falls Road to its intersection with the City limits of Griffin; and running south and west along the City limits to its intersection with South Sixth Street Ex tension (Maple Drive); and running north along South Sixth Street Ex tension (Maple Drive) to its intersection with Wesley Drive; and run ning west and south along Wesley Drive to its intersection with Maddox Road; and running west along Maddox Road to its intersection with the City limits of Griffin; and running north and west along the City limits of Griffin to its intersection with South Hill Street; and run ning north along South Hill Street to its intersection with South Eighth Street; and running north along South Eighth Street to its intersection with West Solomon Street.
District 4
Beginning at the intersection of South Eighth Street and West Solomon Street and running west along West Solomon Street to its in tersection with Expressway North; and running south along Ex pressway North to its intersection with Georgia Highway 16 (West Taylor Street); and running west along Georgia Highway 16 to its in tersection with U.S. Highway 19-41; and running south along U.S. Highway 19-41 to its intersection with the City limits of Griffin; and running east, south, and north along the City limits of Griffin to its in tersection with South Hill Street; and running north along South Hill Street to its intersection with South Eighth Street; and running north along South Eighth Street to its intersection with West Solomon Street.
District 5
Beginning at the intersection of the City limits of Griffin and North Hill Street; and running south and west along the City limits to its intersection with Central of Georgia Railroad; and running north along the Macon-Atlanta Line of the Central of Georgia Railroad System to its intersection with Dobbins Mill Road; and running east along Dobbins Mill Road to its intersection with Jordan Hill Road; and running north and east along Jordan Hill Road to its intersection with North Second Street Extension (Road Route S2083); and running south and east along Road Route S2083 to its intersection with Mclntosh Road and North Second Street Extension; and running south and west along North Second Street Extension to its intersection with Cabin Creek Trail (Road Route P352); and running south and east along Road Route P352 to its intersection with Jackson Road (Georgia Highway 16); and running south and west along Jackson Road to its intersection with the City limits of Griffin; and running north and west along the City limits of Griffin to its intersection with North Hill Street; and running south along North Hill Street to the point of begin ning.

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District 6
Beginning at the intersection of Jackson Road (Georgia Highway 16) and the northeast boundary of the East Griffin (1980) Census Designated Place (Tract 9908, Block 107); and running north and east along Jackson Road to its intersection with Road Route P352; and run ning north and west along Road Route P352 to its intersection with North Second Street Extension; and running north along North Second Street Extension to its intersection with Mclntosh Road and Road Route S2083; and running north along Road Route S2083 to its in tersection with Southern Railroad; and running north and east along Southern Railroad to its intersection with Smoak Road; and running north along Smoak Road to its intersection with Teamon Road; and running east along Teamon Road to its intersection with Georgia Highway 155; and running north along Georgia Highway 155 to its in tersection with the Spalding-Henry County line; and running, east, south, and west along the Spalding County boundary line to its in tersection with Walker's Mill Road; and running north and east along Walker's Mill Road to its intersection with Rehoboth Road; and run ning north and west along Rehoboth Road to its intersection with Bar row Road; and running north along Barrow Road to its intersection with Newton Road; and running west along Newton road to its in tersection with High Falls Road and the eastern boundary of East Grif fin (1980) Census Designated Place (Tract 9908, Block 107); and run ning north and west along the boundary of East Griffin (1980) Census Designated Place to its intersection with Jackson Road (Georgia Highway 16), the point of beginning.
District 7
Beginning at the intersection of High Falls Road and the City Limits of Griffin; and running east along High Falls Road to its in tersection with Newton Road; and running east along Newton Road to its intersection with Barrow Road; and running south along Barrow Road to its intersection with Rehoboth Road; and running south and east along Rehoboth Road to its intersection with Walker's Mill Road; and running south and west along Walker's Mill Road to its intersec tion with the Spalding-Lamar County line; and running west along the Spalding County line to its intersection with State Highway 3 (South Hill Street Extension); and running north along State Highway 3 to its intersection with South Side Drive; and running west along South Side Drive to its intersection with Kennedy Drive; and running north along Kennedy Drive to its intersection with O'dell Road; and running west along O'dell Road to its intersection with U.S. Highway 19-41; and running north along U.S. Highway 19-41 to its intersection with the Griffin city limits; and running north, east and south along the City limits of Griffin to its intersection with Maddox Road; and running east along Maddox Road to its intersection with Wesley Drive; and running north and east along Wesley Drive to its intersection with South Sixth Street Extension (Maple Drive); and running south along South Sixth Street Extension (Maple Drive) to its intersection with the City limits of Griffin; and running east, north, west and south along the City limits of Griffin to its intersection with High Falls Road.

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District 8
Beginning at the intersection of State Highway 3 (South Hill Street Extension) and South Side Drive and running south along State Highway 3 to its intersection with the Spalding-Pike County line; and running west, north, and east along the Spalding County line to its in tersection with Fayetteville Road; and running east along Fayetteville Road to its intersection with Cheatham Road; and running south along Cheatham Road to its intersection with Vaughn School Road; and run ning south and west along Vaughn School Road to its intersection with New Salem Road; and running east along New Salem Road to its in tersection with West Mclntosh Road; and running east along West Mclntosh Road to its intersection with New Salem Road; and running east along New Salem Road to its intersection with Ellis Road; and running east along Ellis Road to its intersection with the City limits of Griffin; and running south along the City limits of Griffin to its in tersection with Georgia Highway 16; and running east along Georgia Highway 16 to its intersection with U.S. Highway 19-41; and running south along U.S. Highway 19-41 to its intersection with the City limits of Griffin at Boyd's Row (a public street); and running east and south along the City Limits of Griffin to its intersection with State Highway 362 (Meriwether Street); and running southwest along State Highway 362 to its intersection with Carver Road; and running south along Carver Road to its intersection with the City Limits of Griffin; and running south and east along the City Limits of Griffin to its intersec tion with U.S. Highway 19-41; and running south along U.S. Highway 19-41 to its intersection with O'dell Road; and running east along O'dell Road to its intersection with Kennedy Drive; and running south along Kennedy Drive to its intersection with South Side Drive; and running east along South Side Drive to its intersection with State Highway 3 (South Hill Street Extension).
District 9
Beginning at the intersection of the westerly projection of Mud Bridge Road and the Spalding-Fayette County line; and running east along Mud Bridge Road to its intersection with Coleman Road; and running south and east along Coleman Road to its intersection with Sidney Road; running south along Sidney Road to its intersection with Birdie Road; and running east along Birdie Road to its intersection with Steel Road; and running south and east along Steel Road to its in tersection with Vineyard Road; and running east along Vineyard Road to its intersection with Central of Georgia Railroad; and running south along the Main Line of Central of Georgia Railroad System to its in tersection with the Griffin-Chattanooga Line of the Central of Georgia Railroad System; and running west along Central of Georgia Railroad to its intersection with the City limits of Griffin; and running south along the City limits of Griffin to its intersection with Ellis Road; and running west along Ellis Road to its intersection with New Salem Road; and running west and north along New Salem Road to its junc tion with West Mclntosh Road; and running west on West Mclntosh/New Salem Road and continuing north and west on New Salem Road to its intersection with Vaughn School Road; and running north and east along Vaughn School Road to its intersection with Cheatham Road; and running north and west along Cheatham Road to its in-

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tersection with Fayetteville Road; and running west along Fayetteville Road to its intersection with the Spalding-Fayette County line; and running north along the Spalding-Fayette County line to its intersec tion with the westerly projection of Mud Bridge Road, the point of beginning.
District 10
Beginning at the intersection of the westerly projection of Mud Bridge Road and the Spalding-Fayette County line; and running east along Mud Bridge Road to its intersection with Coleman Road; and running east along Coleman Road to its intersection with Sidney Road; and running south along Sidney Road to its intersection with Birdie Road; and running east along Birdie Road to its intersection with Steel Road; and running south and east along Steel Road to its in tersection with Vineyard Road; and running east along Vineyard Road to its intersection with Dobbins Mills Road; and running east along Dobbins Mill Road to its intersection with Jordan Hill Road; and run ning north and east along Jordan Hill Road to its junction with North Second Street Extension and Road Route S2083; and running east and south along Road Route S2083 to its intersection with Southern Railroad; and running north and east along Southern Railroad to its in tersection with Smoak Road; and running north along Smoak Road to its intersection with Teamon Road; and running east along Teamon Road to its intersection with Georgia Highway 155; and running north and east along Georgia Highway 155 to its intersection with the Spalding-Henry County line; and running west, north and south along the Spalding County boundary line to its intersection with the wester ly projection of Mud Bridge Road, the point of beginning.
C. At the first election for members of said Board of Education, the term of members elected from Districts Nos. 1, 4, 7, 8, and 10 shall be for a term of two years from December 31st of the year of their election. The term of such members from Districts Nos. 2, 3, 5, 6 and 9 shall be for a term of four years from December 31st of the year of their election. All members so elected shall hold office until their suc cessors have been duly elected (or appointed as hereinafter provided) and take office. The term of each member of the said Griffin-Spalding County Board of Education elected after the first election of such members shall be for a term of four years from December 31st of the year of his election, and until his respective successor is elected and takes office.
D. Each candidate for election as a member of the GriffinSpalding County Board of Education shall qualify by filing written notice of his candidacy with the election superintendent of the County of Spalding. Each such candidate, desiring to have his name placed on the ballot, shall file his notice of candidacy during the days and within the same time and manner as provided by law for a candidate, seeking nomination to run for election to the House of Representatives of the General Assembly of Georgia, qualifying in a general primary elec tion, and in the event of change in the law such notice shall be filed at and within the same times and dates, and in the same manner, as may be hereafter provided by law for a candidate, other than the nominee of a political party nominated in a primary, seeking election (or

WEDNESDAY, MARCH 24, 1982

3251

nomination) as a member of the General Assembly of Georgia in a general primary election. Each such candidate shall accompany his notice of candidacy with an affidavit stating such information as is re quired by law for candidates in a general primary election and such other information as may be prescribed by the Spalding County elec tion superintendent with whom the candidate files his notice of can didacy. The qualifying fee to be paid by each candidate at the time of filing such notice of his candidacy shall be equal to the per diem com pensation then being paid to a member of such Board of Education for attending a regular monthly meeting of said Board.
E. Each member of said Board qualifying from any of the aforesaid districts shall be elected by a majority vote of the electors, residing in such district and voting in such election. In the event no such candidate shall receive a majority of the votes cast, a run-off election between the candidates receiving the two highest number of votes shall be held on the date and in the manner as now or hereafter provided by law for holding such run-off elections in the general primary for election of members of the General Assembly of Georgia. Only the electors entitled to vote in the special election, as held con temporaneously with the general primary election, shall be entitled to vote in any run-off election resulting therefrom.
F. The first election hereunder for the ten members of said Board of Education shall be held by the Election Superintendent of Spalding County, Georgia, during the year, 1984, on the same date and during the same hours that the general primary election is held in the State of Georgia. Beginning with the year 1986 and biennially thereafter, there shall be an election of five members to the Griffin-Spalding County Board of Education. Each such election shall be a special elec tion and shall be held in the same manner, except as herein this amendment set out, as provided by law for conducting special elec tions in the State of Georgia. The Election Superintendent of Spalding County is hereby authorized to employ the necessary personnel and make necessary arrangements for conducting each such special elec tion. He shall canvass the returns and declare and certify the results of each such election and he shall otherwise conduct each such election, or run-off election, under the pertinent laws of Georgia as a special election. He is further hereby empowered and authorized to prom ulgate such rules and regulations, cumulative of those provided by law, in conducting any such election, or run-off election, that he, within his sole authority and discretion, may deem fair and equitable under the circumstances prevailing. The expenses of any such elec tion, or run-off election, shall be borne by Spalding County.
G. The death or resignation of a member of said Board, or his physical or mental disability to perform his duties, or the removal of his residence for a continuous period of two months from the district from which he qualified, or the failure of such member to attend any three consecutive meetings of the Board unexcused by the majority vote by the remaining members of such Board, and the occurrence of any one or more of such events, shall be deemed to create a vacancy on said Board with respect to the office held by such member. Any such vacancy on the Board shall be filled by the majority vote of the remaining members at a regular monthly meeting or at any special

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meeting, duly called and held for that purpose, with the person designated to fill such vacancy having been a resident, for the six months next preceding, of the particular district with respect to which such vacancy occurred; however, if any such vacancy shall occur more than two years and eight months before the term of office of the member creating such vacancy shall expire, said Board may fill such vacancy only for the period ending December 31 of the next suc ceeding calendar year in which an election for Board members is to be held, at which such election a member of said Board shall be elected, as herein provided, to fill the remaining two years of the unexpired term. Any person filling such vacancy shall serve as a member of said Board until his successor is elected (or appointed) and takes office.
H. Any provision of a constitutional amendment merging the Spalding County School System and the City of Griffin School System into one school district coextensive with the limits of Spalding County which was ratified at the general election in 1952 and which is found in Ga. L. 1952, p. 554 which is in conflict with the provisions of this amendment shall be void and of no force and effect. Sections 2,3,4,5, 6, 6A, 7, and 8 of the Act creating the Griffin-Spalding County School System, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2563), as amended by an Act approved November 30, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2007) and an Act approved March 4, 1955 (Ga. L. 1955, p. 2775) shall be void and of no force and effect. An Act relating to the election of the members of the Board of Education of the Griffin-Spalding County School System, approved March 27, 1972 (Ga. L. 1972, p. 2418), shall be void and of no force and effect.
I. The provisions herein pertaining to the Griffin-Spalding Coun ty School System, including the composition of the Griffin-Spalding County Board of Education, the members of the Board, their term of office, methods of selecting such Board members, whether elections shall be partisan or nonpartisan, residence requirements, compensa tion, manner of such elections or appointments and the method for filling vacancies, but not excluding any other provisions herein per taining to said School System, may hereafter be changed by local law, conditioned upon approval by a majority of the qualified voters voting thereon in a referendum in the School District."
Section 2. The above proposed amendment to the Constitutin 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 Griffin-Spalding County Board of Education shall be
( ) NO composed of ten members to be elected from ten educa tion districts by the electors of their respective districts?"
All persons desiring tq 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."

WEDNESDAY, MARCH 24, 1982

3253

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 43, 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Dean Eldridge English Engram

Evans Fincher of 52nd Foster Gillis Greene Hill Horton Hudson Kennedy Kidd Land Lester Littlefield McGill

Those not voting were Senators:

Barnes Bell Bryant Coverdell Deal

Fincher of 54th Garner Holloway (presiding) Howard

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

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 by substitute.

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

HR 243. By Representative Jones of the 126th: A resolution compensating Mrs. Dora Salkin in the amount of $ 135.15. Senate Sponsor: Senator Hill of the 29th.

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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Coleman Dean Eldridge English Engram

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

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

Those not voting were Senators:

Bell Bryant Cobb Coverdell Deal

Evans Garner Holloway (presiding) Hudgins

Littlefield Reynolds Robinson Starr

On the adoption of the resolution, the yeas were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, MARCH 24, 1982

3255

HR 331. By Representative Kilgore of the 65th: A resolution compensating Ms. Linda A. Sikes in the amount of $50.00. Senate Sponsor: Senator Hill of the 29th.

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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Coleman Dean Eldridge English Engram

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

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

Those not voting were Senators:

Bell Bryant Cobb Coverdell Deal

Evans Garner Holloway (presiding) Hudgins

Littlefield Reynolds Robinson Starr

On the adoption of the resolution, the yeas were 43, nays 0.

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

HR 518. By Representative Buck of the 95th:
A resolution compensating Mr. J. B. Cummings in the amount of $1,327.27.
Senate Sponsor: Senator Hill of the 29th.

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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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Coleman Dean Eldridge English Engram

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

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

Those not voting were Senators:

Bell Bryant Cobb Coverdell Deal

Evans Garner Holloway (presiding) Hudgins

Littlefield Reynolds Robinson Starr

On the adoption of the resolution, the yeas were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 528. By Representative Oliver of the 121st:
A resolution compensating Mr. John D. Bradley in the amount of $3,000.00.
Senate Sponsor: Senator Hill of the 29th.

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

WEDNESDAY, MARCH 24, 1982

3257

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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Coleman Dean Eldridge English Engram

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

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

Those not voting were Senators:

Bell Bryant Cobb Coverdell Deal

Evans Garner Holloway (presiding) Hudgins

Littlefield Reynolds Robinson Starr

On the adoption of the resolution, the yeas were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 585. By Representative Steinberg of the 46th: A resolution compensating Mr. Bobby L. Kinard in the amount of $198.00. Senate Sponsor: Senator Hill of the 29th.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Coleman Dean Eldridge English Engram

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

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

Those not voting were Senators:

Bell Bryant Cobb Coverdell Deal

Evans Garner Holloway (presiding) Hudgins

Littlefield Reynolds Robinson Starr

On the adoption of the resolution, the yeas were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 596. By Representative Crawford of the 5th: A resolution compensating Mr. Arthur Mann in the amount of $ 114.98. Senate Sponsor: Senator Hill of the 29th.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

WEDNESDAY, MARCH 24, 1982

3259

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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Coleman Dean Eldridge English Engram

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

Those not voting were Senators:

Bell Bryant Cobb Coverdell Deal

Evans Garner Holloway (presiding) Hudgins

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

On the adoption of the resolution, the yeas were 43, nays 0.

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

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

SR 366. By Senator Lester of the 23rd:
A resolution creating the Senate County and Municipal Insurance Premium Tax Study Committee.

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

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

Those voting in the affirmative were Senators:

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

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

McGill McKenzie Scott Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Broun of 46th Bryant Deal Garner

Greene Holloway (presiding) Hudgins Littlefield

Reynolds Robinson Starr Stumbaugh

On the adoption of the resolution, the yeas were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 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. Senate Sponsor: Senator Howard of the 42nd.

WEDNESDAY, MARCH 24, 1982

3261

The Senate Committee on Human Resources offered the following amendment:

Amend HB 1395 by striking from the title, beginning on line 7 of Page 1, the following:
"to change the provisions relating to unlawful activities and penalties;".

By striking in its entirety Section 5, lines 7 through 33 on Page 4.

By renumbering Sections 6 and 7 on Page 5 as Sections 5 and 6, respectively.

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

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

Lester McGill McKenzie Reynolds Scott Stephens Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bryant Coverdell English Greene

Holloway (presiding) Hudson Littlefield Robinson

Starr Stumbaugh Tate Trulock

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On the passage of the bill, the yeas were 43, nays 0.

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

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

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.

Senator English of the 21st moved that the Senate adhere to the Senate amend ment to HB 1525, and that a Conference Committee be appointed.

On the motion the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1525.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, ap pointed as a Conference Committee on the part of the Senate the following:

Senators Walker of the 19th, Gillis of the 20th and English of the 21st.

The President resumed the Chair.

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

HB 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.
Senate Sponsor: Senator Kidd of the 25th.

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

WEDNESDAY, MARCH 24, 1982

3263

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

Those voting in the affirmative were Senators:

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

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

Lester McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen Brannon Greene

Holloway Littlefield Starr

Summers Trulock

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

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

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.
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

Brannon Brantley Broun of 46th

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Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge English Engram Evans Fincher of 52nd

Foster Garner Gillis Hill Horton Howard Hudgins Kennedy Kidd McGill McKenzie

Reynolds Scott Starr Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen Deal Fincher of 54th Greene Holloway

Hudson Land Lester Littlefield Robinson

Stephens Stumbaugh Summers Trulock

On the passage of the bill, the yeas were 42, nays 0.

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

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

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.

Senator Dean of the 31st moved that the Senate recede from the Senate substitute to HB 1433.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bell Bond

Brannon Brantley Broun of 46th
Brown of 47th Bryant

Cobb Coleman Coverdell
Deal Dean

WEDNESDAY, MARCH 24, 1982

3265

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

Horton Howard Hudgins Kennedy Kidd Lester McGill McKenzie Robinson Scott

Starr Summers Sutton Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Ballard Bowen Greene Holloway

Hudson Land Littlefield Reynolds

Stephens Stumbaugh Timmons Wessels

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate receded from the Senate substitute to HB 1433.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 639 was as follows:
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 require additional information to be written or printed on the recall petition; to require certain information to be read by, or read to, each person who signs a petition; to change the form of the af fidavit of the circulator of the recall petition; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 Code Section 21-4-6, relating to forms, in its entirety and in serting 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 Address

County of Residence

(Signature)

(Number and Street or route)

Printed name or elector

(City)

(Fifteen lines for signatures and printed names)

(b) The following statements shall be written or printed on each petition and each signer must read, or be 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;

WEDNESDAY, MARCH 24, 1982

3267

(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 2. 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 in 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:
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

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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 must read, or be 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_________, 19__.

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."
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.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 639 as amended by the following amendment:
Amend the House Substitute to SB 639 by striking from line 7 of Page 1 the following:
"petition;",
and inserting in lieu thereof the following:
"petition; to prohibit recall petitions from being circulated in cer tain areas; to provide additional legislative intent;".

WEDNESDAY, MARCH 24, 1982

3269

By striking from line 3 of Page 5 the following symbol:

and by inserting between line 3 and line 4 of Page 5 the following:
"(g) (1| Except as provided in paragraph (2), recall petitions shall not be circulated on or within ten feet of a public road.
(2) Recall petitions may be circulated on paved sidewalks.'
Section 2.1. Said chapter is further amended by striking Code Section 21-4-2 in its entirety and inserting in lieu thereof a new Code Section 21-4-2 to read as follows:
'21-4-2. The General Assembly finds that the electorate of the state overwhelmingly ratified an amendment to the Constitution of Georgia at the general election in November, 1978, authorizing the General Assembly to provide by general law for uniform and ex clusive procedures to recall public officials who hold elective office and to repeal all local recall laws and prohibit the future enactment of any local recall laws. In furtherance of the mandate of the electorate, by this general law the General Assembly establishes uniform and ex clusive procedures relating to the recall of all state and local officials who hold elective office and who have demonstrated such in competence in the performance of their duties as to cause their office to be brought into public disrepute.' "

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Brown of 47th Bryant Coleman English

Gillis Hudgins Kennedy Kidd McGill

Reynolds Stephens Timmons Walker Wessels

Those voting in the negative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Cobb Coverdell Deal Dean Eldridge

Engram Evans Fincher of 52nd Foster Garner Greene Hill Horton Howard Hudson Land

Lester McKenzie Robinson Scott Starr Stumbaugh Sutton Tate Trulock Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Brantley Fincher of 54th

Holloway Littlefield

Summers Thompson

On the motion, the yeas were 15, nays 34; the motion was lost, and the Senate did not agree to the House substitute as amended by the Senate.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 639.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean

Eldridge English Engram Foster Gillis Greene Horton Hudson Kennedy Kidd Lester

Those voting in the negative were Senators:

Barker Bond Bowen Brannon Brantley Coverdell Evans

Fincher of 52nd Garner Holloway Howard Land McKenzie

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

Those not voting were Senators:

Fincher of 54th Hill

Hudgins

Littlefield

On the motion, the yeas were 33, nays 19; the motion prevailed, and the Senate agreed to the House substitute to SB 639.

WEDNESDAY, MARCH 24, 1982

3271

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the House amendment to the following bill of the Senate:
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.

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

HR 658. By Representative 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 or lease certain state owned real property located in Butts County, Georgia, to the board of commissioners of Butts County.

The House has disagreed to the Senate substitute to the following bills of the House:
HB 291. By Representatives Harrison, Isakson and Nix of the 20th and others:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change a provision relative to a definition.

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.

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 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.

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JOURNAL OF THE SENATE

The Speaker has appointed on the part of the House the following members thereof: Representatives Parham of the 109th, Baugh of the 108th and Moore of the
157th.

The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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-

The Speaker has appointed on the part of the House the following members thereof: Representatives Reaves of the 147th, Castleberry of the lllth and Irvin of the 10th.
The House has appointed a Committee on Conference on the following bill of the Senate:
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.
The Speaker has appointed on the part of the House the following members thereof: Representatives Cason of the 96th, McDonald of the 12th and Jackson of the 9th.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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-

WEDNESDAY, MARCH 24, 1982

3273

Senator Barnes of the 33rd moved that the Senate adhere to the Senate amend ment to HB 1373, and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1373.

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

Senators Barnes of the 33rd, Barker of the 18th and Bond of the 39th.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

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

HB 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.
Senate Sponsors: Senators Littlefield of the 6th and Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

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

English Fincher of 52nd Fincher of 54th Foster Garner Gillis
Greene Horton Hudgins Kennedy Kidd Land Lester McGill
McKenzie

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

3274

JOURNAL OF THE SENATE

Voting in the negative was Senator Barker.

Those not voting were Senators:

Ballard Bond Engram Evans

Hill Holloway (presiding) Howard

Hudson Littlefield Stephens

On the passage of the bill, the yeas were 45, nays 1.

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

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

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.
The House amendments were as follows:
Amendment No. 1:
Amend SB 693 by adding the letter "A" on line 14, Page 1 after 50-18-73. and by adding a new paragraph B to Section 50-18-73, Page 1 to read as follows:
"B. This article shall not be applicable to any record or applica tions submitted to a probate court pursuant to Code Section 16-11-129 for a license to carry a pistol or revolver; or to any records required by the Federal Government to be kept confidential or to any records which would be an invasion of personal privacy."

Amendment No. 2:
Amend SB 693 by adding after the word "misdemeanor" on line 19, Page 1, the following sentence:
"The person in control of the public record or records requested shall have a reasonable amount of time to determine whether or not the record or records requested are such record or records which are subject to access, said time not to exceed three business days."

WEDNESDAY, MARCH 24, 1982

3275

Amendment No. 3:

Amend SB 693 by striking the language on lines 26 and 27 of Page 1 and on lines 1, 2, 3, and 4 of Page 2,
and
by striking on line 5 of Page 1, the following: "to provide for attorney's fees;".

Senator Sutton of the 9th moved that the Senate disagree to the House amend ments to SB 693.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 693.

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

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.
Senate Sponsor: Senator Cobb of the 28th.

The Senate Committee on Public Safety offered the following substitute to HB 170:

A BILL
To be entitled an Act to amend an Act providing for the use of flashing or revolving lights and prohibiting certain conduct in connection therewith, approved March 30, 1977 (Ga. L. 1977, p. 1012), so as to pro hibit the use of certain flashing lights by individuals until a certain date; to define a certain term; to provide a penalty; to provide for other matters relative to the foregoing; 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; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act providing for the use of flashing or revolving lights and prohibiting certain conduct in connection therewith, approved March 30, 1977 (Ga. L. 1977, p. 1012), is amended by adding immediate ly following Section 6 a new section, to be designated Section 6.1, to read as follows:
"Section 6.1. (a) As used in this Act, 'visual motorist aid com munication system' shall mean any device which mounts on the dashboard or side mirror brackets of a vehicle and which uses a system of flashing green and amber lights to signify that the vehicle is in distress and in need of help.
(b) It shall be unlawful and a violation of this Act to use a visual motorist aid communication system until at least 30 other states have approved and made lawful the use of a visual motorist aid com munication system as determined by the commissioner of public safe ty. After such determination by the commissioner, it shall be legal to use a visual motorist aid communication system in this state and such system may be used without the necessity of obtaining a permit from the Department of Public Safety."
Part 2
Section 2. Chapter 8 of Title 40 of the Official Code of Georgia An notated, relating to equipment and inspection of vehicles, is amended by adding between Code Sections 40-8-93 and 40-8-94 a new Code section, to be designated Code Section 40-8-93.1, to read as follows:
"40-8-93.1. (a) As used in this Code section, 'visual motorist aid communication system' means any device which mounts on the dashboard or side mirror brackets of a vehicle and which uses a system of flashing green and amber lights to signify that the vehicle is in distress and in need of help.
(b) It shall be unlawful to use a visual motorist aid communication system until at least 30 other states have approved and made lawful the use of a visual motorist aid communication system as determined by the commissioner of public safety. After such determination by the commissioner, it shall be legal to use a visual motorist aid communica tion system in this state and such system may be used without the necessity of obtaining a permit from the Department of Public Safety.
(c) Any person violating the provisions of this Code section shall be guilty of a misdemeanor.''
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.

WEDNESDAY, MARCH 24, 1982

3277

(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 Barker Bell Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge

Evans Fincher of 52nd Foster Garner Gillis Horton Howard Kennedy Kidd Land McGill McKenzie Reynolds

Those voting in the negative were Senators:

Barnes Brantley

Coverdell Greene

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

Those not voting were Senators:

Ballard Bond English Engram Fincher of 54th

Hill Holloway (presiding) Hudgins Hudson

Lester Littlefield Robinson Wessels

On the passage of the bill, the yeas were 38, nays 5.

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

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JOURNAL OF THE SENATE

The following local bills of the Senate were taken up for the purpose of con sidering the Conference Committee Reports thereon:

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 Conference Committee Report on SB 653 was as follows:

The Conference Committee on SB 653 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 653 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

1st Bill Littlefield Senator, 6th District

I si James R. Tuten, Jr. Representative, 153rd District

1st Glenn E. Bryant Senator, 3rd District

I si Dean G. Auten Representative, 154th District

I si Joseph E. Kennedy Senator, 4th District

Jimmy Lord Representative, 105th District

Conference Committee substitute to SB 653:
A BILL
To be entitled an Act to amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended, so as to change the provisions relating to the compensation of the clerk; to change the provi sions relative to the clerk's personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 24, 1982

3279

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), 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. Beginning July 1, 1982, the clerk of superior court shall receive an annual base salary of $27,563.00, payable in equal monthly installments from Glynn County funds; provided, however, under no circumstances shall the annual base salary of said clerk be less than the annual base salary of the sheriff of Glynn County. The clerk's salary shall be increased by 5 percent per each four-year term of office served by said clerk, figured at the end of each such period of service. Such increase shall not have a retroactive effect, except that the current term of the clerk presently in office shall be counted for determining the appropriate salary under this Section."
Section 2. Said Act is further amended by striking paragraph (2) of subsection (a) of Section 5 in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) The base annual salary of the persons employed by the clerk shall be fixed by the clerk within the following amounts:
chief deputy ...................... $12,840.00 to $16,050.00
12 deputy clerks ...................$ 7,062.00 to $10,914.00
The salaries of such personnel and their maximum salaries may be in creased annually by the clerk of superior court by a percentage factor not to exceed the amount of the most recent annual cost-of-living in crease granted to employees of the Glynn County governing authori ty. The clerk may also hire any additional personnel required to be hired by order of the Superior Court of Glynn County."
Section 3. This Act shall become effective on July 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Bryant of the 3rd moved that the Senate adopt the Conference Commit tee Report on SB 653.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 653.

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JOURNAL OF THE SENATE

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 Conference Committee Report on SB 692 was as follows:

The Conference Committee on SB 692 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 692 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

1st Bill Littlefield Senator, 6th District

Is/ James R. Tuten, Jr. Representative, 153rd District

I si GlennE. Bryant Senator, 3rd District

Is/ Dean G. Auten Representative, 154th District

I si Joseph E. Kennedy Senator, 4th District

Jimmy Lord Representative, 105th District

Conference Committee substitute to SB 692:
A BILL
To be entitled an Act to amend an Act placing the Sheriff of Glynn County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4457) and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3351), so as to change the provisions relating to the compensation of the sheriff and deputies and other personnel of the sheriff; to change the pro visions relating to automobiles and other expenses for the sheriff's office; to provide an effective date; to repeal conflicting laws; and for other pur poses.

WEDNESDAY, MARCH 24, 1982

3281

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the sheriff of Glynn County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, par ticularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4457) and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3351), is amended by strik ing Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The sheriff shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge the official duties of his office efficiently and effectively. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office, except that the sheriff may annually without the approval of the county governing authority grant to such personnel a cost-of-living increase not to exceed the amount of the most recent annual cost-of-living increase granted to the employees of the county governing authority. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion.
(b) In addition to the personnel authorized above, the sheriff shall be authorized to provide for such additional facilities and personnel needed for the purpose of implementing any statutory or courtordered requirement relating to prisoners in Glynn County, including but not limited to such requirements concerning recreation or fresh air for such prisoners and concerning the feeding of such prisoners; provided that such additional facilities and personnel shall be paid for out of county funds."
Section 2. Said Act is further amended by striking subsections (1) and (2) of Section 2A in their entirety and substituting in lieu thereof new subsections (1) and (2) to read as follows:
"(1) Beginning July 1, 1982, the sheriff shall receive an annual base salary of $27,563.00, payable in equal monthly installments from the funds of Glynn County.
(2) The salary of the sheriff shall be increased by 5 percent per each four-year term of office served by said sheriff, figured at the end of each such period of service. Such increase shall not have a retroac tive effect, except that the current term of the sheriff presently in of fice shall be counted for determining the appropriate salary under this Section."

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JOURNAL OF THE SENATE

Section 3. Said Act is further amended by striking Section 2C in its entirety and substituting in lieu thereof a new Section 2C to read as follows:
"Section 2C. (1) Until automobiles are furnished for the sheriff and his deputies pursuant to paragraph (2) of this section, the sheriff and each of his deputies, except the chief deputy, shall receive monthly from county funds a car allowance of $275.00 per month and a mileage allowance of 22<t per mile on all official trips outside of Glynn County or the State of Georgia.
(2) The governing authority of Glynn County shall provide for the sheriff and his deputies at least 6 police equipped automobiles by December 31, 1982, and at least 6 additional police equipped automobiles by December 31, 1983. All expenses connected with such automobiles shall be paid from county funds. Neither the car allowance nor mileage allowance provided for by paragraph (1) of this section shall apply to the sheriff or any deputy who is furnished an automobile as provided herein.
(3) The sheriff and deputies shall be furnished necessary guards for safety when transporting prisoner and mental patients, and the guards shall be paid at the rate of bailiff's per diem. All necessary ex penses including room and meals shall be paid by the governing authority out of funds of Glynn County.
(4) The governing authority of Glynn County may furnish uniforms for the sheriff and his personnel, the cost of which shall be paid from county funds."
Section 4. This Act shall become effective July 1, 1982.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Bryant of the 3rd moved that the Senate adopt the Conference Commit tee Report on SB 692.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 692.

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

HB 1838. By Representatives 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.
Senate Sponsor: Senator Barnes of the 33rd.

WEDNESDAY, MARCH 24, 1982

3283

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher of 52nd Fincher of 54th Foster Gillis Hill Horton Howard Hudson Kennedy Lester McKenzie

Those voting in the negative were Senators:

Bond Coverdell Evans Garner

Greene Kidd McGill

Those not voting were Senators:

Barker Bowen Bryant

Holloway (presiding) Hudgins Land

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

On the passage of the bill, the yeas were 38, nays 10.

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 disagreed to the Senate amendments to the following bills of the House:

3284

JOURNAL OF THE SENATE

HB 364. By Representatives Murphy of the 18th and Bray of the 70th:
A bill to amend Code Section 34-1013, relating to qualification fees and distribution of fees, so as to change the provisions relating to the distribu tion of fees; to amend the Official Code of Georgia Annotated according ly-

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.

The House has disagreed to the Senate amendment to the House substitute to 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, so as to change the population classifications; to change the minimum salaries of such officers; to pro vide for additional compensation to such officers for collecting municipal taxes; to provide for other matters relative to the foregoing; 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 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.

The following general bill of the House, having been read the third time and passed by substitute on March 8, and reconsidered on March 9, was put upon its passage:

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 Sponsor: Senator Howard of the 42nd.

WEDNESDAY, MARCH 24, 1982

3285

The substitute to HB 1074 offered by Senator Greene of the 26th, which was adopted on March 8, was as follows:

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:
Parti
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."
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

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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 physician may supervise more than two physician's assistants while on call for a solo practi tioner or for a member of a group practice setting, such as clinics, hospitals, and other institutions. The physician on call must be ap proved to supervise the physician's assistant of the physician for whom he is taking calls."
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.

Senator Greene of the 26th moved that the Senate reconsider its action in adopt ing the substitute to HB 1074 offered by Senator Greene of the 26th.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the substitute to HB 1074 offered by Senator Greene of the 26th was reconsidered.

Senator Greene of the 26th asked unanimous consent to withdraw the substitute to HB 1074, and the consent was granted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes

Bell Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Cobb

WEDNESDAY, MARCH 24, 1982

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

Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie Reynolds

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

Those not voting were Senators:

Bond English Evans

Holloway (presiding) Littlefield Robinson

Summers Trulock

3287

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:
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. Senate Sponsor: Senator Gillis of the 20th.

Senator Gillis of the 20th offered the following substitute to HB 1256:
A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to pro vide for a State Boxing Commission; to provide for its membership, meetings, powers, and duties; to provide for certain licenses; to provide for fees; to provide for penalties; to provide effective dates; to provide for the repeal of this Act on a certain date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding at the end thereof a new Chapter 52 to read as follows:
"CHAPTER 52
43-52-1. As used in this chapter, the term:
(1) 'Applicant' means any person, firm, or corporation promoting or holding a professional boxing match in Georgia.
(2) 'Commission' means the State Boxing Commission.
(3) 'Local license' means any license required to be obtained from a county or municipality in order to hold a professional boxing match within such county or municipality.
43-52-2. (a) The State Boxing Commission is created which shall have concurrent jurisdiction with county and municipal governments to license the promotion or holding of each professional boxing match promoted or held within this state.
(b) The commission shall be composed of three members, one of whom shall be appointed by the Governor, one of whom shall be ap pointed by the President of the Senate, and one of whom shall be ap pointed by the Speaker of the House of Representatives. All initial ap pointments shall be for initial terms of 2 years and subsequent ap pointments shall be for terms of 4 years.
Vacancies shall be filled for the unexpired term under the same procedures and requirements as appointments for full terms.
(c) The commission shall elect a chairman from among its own membership for a term of two years, and successor chairmen shall hold office for terms of two years. The commission may elect a vicechairman from its membership for such term as the commission may determine. Any member serving as chairman shall be eligible for suc cessive election to such office by the commission. The joint-secretary shall serve as secretary of the commission and perform for the com mission the duties required of the joint-secretary as provided in Chapter 1 of this Title.
(d) Each member of the commission shall be reimbursed for ex penses and travel as provided in subsection (f| of Code Section 43-1-2 not to exceed $44.00 per day, per member.
43-52-3. Before any person, firm, or corporation shall promote or hold a professional boxing match within the state, it shall first be necessary to obtain, in addition to any local license that may be re quired, a state license from the commission. The applicant shall make application to the commission on a form provided for such purpose by the commission. The chairman of the commission, upon receiving

WEDNESDAY, MARCH 24, 1982

3289

such an application accompanied by due proof that any required local license has been issued to the applicant and by a cashier's check made out to the State Boxing Commission for an amount determined by the commission but not less than $150.00 which shall be a nonrefundable fee, shall, within ten days of receiving same, call a meeting of the commission for the purpose of approving or rejecting the application. The application shall also be accompanied by a performance bond in such amount as the commission may require. At the discretion of the commission, the fee or any portion thereof may be waived if the ma jor portion of the gross receipts of any boxing match goes to charity. The meeting shall be held at a place designated by the chairman within 20 days of the chairman's call.
43-52-4. (a) The commission shall meet on call of the chairman or upon the call of any two members and shall decide by majority vote whether or not to issue any state license requested. The commission is authorized to inquire into the financial backing of any professional boxing match and to obtain answers to written or oral questions pro pounded to the applicant or others associated with such match. The commission shall not issue the requested state license unless:
(1) Any required local license has first been issued to the appli cant, which local license remains valid and unrevoked; and
(2) The commission has determined, on the basis of facts submit ted or available to it, that no harm to the health, welfare, morals, or safety of the citizens of Georgia will result from the holding of such match.
|b) The commission may, by majority vote, after prior notice to the holder of the state license and after affording such holder an op portunity to be heard on the question of revocation of the state license, revoke the state license.
43-52-5. (a) It shall be unlawful for any person, firm, or corpora tion to promote or hold any professional boxing match without having first obtained a state license from the commission or to continue to promote or to hold such match without valid, current state and re quired local licenses covering such match.
(b) Violations of this chapter shall be punished as for a misde meanor.
(c) The commission shall adopt rules and regulations to enforce the provisions of this chapter."
Section 2. This Act shall become effective on November 1, 1982 for administrative purposes and for the purposes of the appointment of the members of the State Boxing Commission to take office on January 1, 1983. This Act shall be effective for all purposes on January 1,1983.
Section 3. This Act shall stand repealed in its entirety on June 30, 1983, notwithstanding the terms of office of the members of the State Boxing Commission established by subsection (b) of quoted Code Section 43-52-2 of Section 1 of this Act.

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Section 4. 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 HB 1256 offered by Senator Gillis of the 20th by striking on Page 4, line 22, the following:
"1983,"
and inserting in lieu thereof the following: "1985,".

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

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond 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 Hudgins Hudson Kennedy Kidd Land Lester

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

WEDNESDAY, MARCH 24, 1982

3291

Voting in the negative were Senators Greene and Robinson.

Those not voting were Senators:

Evans Holloway (presiding)

Howard Littlefield

Thompson

On the passage of the bill, the yeas were 49, nays 2.

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

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.
Senate Sponsor: Senator Cobb of the 28th.

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

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

Those voting in the affirmative were Senators:

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

Eldridge Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Hudgins Kennedy Kidd Land Lester Littlefield

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

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Those not voting were Senators:

Bowen Brannon English Evans

Hill Holloway (presiding) Howard Hudson

McGill Stumbaugh Thompson Walker

On the adoption of the resolution, the yeas were 44, nays 0.

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

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.
Senate Sponsors: Senators Howard of the 42nd and Greene of the 26th.

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

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

Those voting in the affirmative were Senators:

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

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Kennedy
Kidd Land Lester Littlefield

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

WEDNESDAY, MARCH 24, 1982

3293

Those not voting were Senators:

Deal Garner Holloway (presiding)

Howard Hudgins Hudson

Trulock Walker

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

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

HB 902. 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 change the time such depository must hold such property.
Senate Sponsor: Senator Turner of the 8th.

Senator Turner of the 8th offered the following substitute to HB 902:

A BILL
To be entitled an Act to amend an Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, approved March 27, 1947 (Ga. L. 1947, p. 1165), so as to change the time such depository must hold such property; 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:
Part 1
Section 1. An Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, approved March 27, 1947 (Ga. L. 1947, p. 1165), is amended by striking Section II in its entirety and substituting in lieu thereof a new Section II to read as follows:
"Section II. Except as provided in Section IIA, any property in the possession of an Involuntary Gratuitous or Naked Depository remain ing unclaimed or unidentified, or the reasonable expense incurred in connection with the same remains unpaid, for the period of two months from the time said property came into the possession of such Depositories, may be sold at public aution to the highest bidder at such time and place as may be designated by such Depository; pro vided that such Depositories shall have published a notice containing a general description of the property and the time and place of sale once a week for two successive weeks prior to the date of sale in a newspaper of general circulation in the place of sale, or the nearest place thereto."

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Part 2
Section 2. Code Section 44-14-411 of the Official Code of Georgia Annotated, relating to depositories of involuntary, gratuitous, or naked deposits, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 44-14-411 to read as follows:
"44-14-411. Except as provided in Code Section 44-14-411.1, any property in the possession of an involuntary, gratuitous, or naked depository, which property remains unclaimed or unidentified or the reasonable expense incurred in connection with which remains un paid for the period of two months from the time the property came in to the possession of the depository, may be sold at public auction to the highest bidder at such time and place as may be designated by the depository; provided, however, that the depositories shall publish a notice containing a general description of the property and the time and place of sale once a week for two successive weeks prior to the date of the sale in a newspaper of general circulation in the place of the sale or the nearest place thereto."
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, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bowen Brannon Brantley

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

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

WEDNESDAY, MARCH 24, 1982

3295

Garner
Gillis Greene Hill Horton Hudgins Kennedy Kidd

Land
Littlefield McGill McKenzie Reynolds Robinson Scott Starr

Stephens
Sutton Tate Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes

Stumbaugh

Summers

Those not voting were Senators:

Bond Deal Holloway (presiding]

Howard Hudson Lester

Thompson Trulock

On the passage of the bill, the yeas were 45, nays 3.

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

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.
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 Bond Bowen Brannon Brantley
Broun of 46th

Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge
Engram

Evans Fincher of 54th Foster Gillis Greene Hill Horton Howard
Hudgins

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Kennedy Kidd Lester McGill McKenzie Reynolds Robinson

JOURNAL OF THE SENATE

Starr Stephens Stumbaugh Summers Sutton Tate

Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell English Fincher of 52nd Garner

Holloway (presiding) Hudson Land

Littlefield Scott Trulock

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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. Senate Sponsor: Senator Wessels of the 2nd.

The Senate Committee on Special Judiciary offered the following substitute to HB530:
A BILL
To be entitled an Act to amend an Act providing for personal jurisdic tion over nonresidents, approved March 10, 1966 (Ga. L. 1966, p. 343), as amended, so as to provide for jurisdiction over and service upon certain nonresidents with respect to actions involving alimony, child support, and division of property in connection with divorce; to provide for related matters; to amend the Official Code of Georgia Annotated accord ingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 24, 1982

3297

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act providing for personal jurisdiction over nonresidents, approved March 10, 1966 (Ga. L. 1966, p. 343), as amend ed, is amended by adding a new Section 1.1 to read as follows:
"Section 1.1. A court of this state may exercise personal jurisdic tion over any nonresident, or his executor or administrator, as to ac tions involving alimony, child support, and division of property in connection with or arising from divorce as if the nonresident were a resident of this state if the nonresident:
(1) Maintained a matrimonial domicile in this state at the time of the commencement of the action or prior thereto;
(2) Executed in this state an agreement on which the action is bas ed;
(3) Sent the person to whom the obligation sought to be enforced is owed into this state; or
(4) Entered into the marriage from which the action arises in this state."
Section 2. Said Act is further amended by replacing Section 3 with a new section to read as follows:
"Section 3. A person subject to the jurisdiction of the courts of the State under Section 1 or Section 1.1 of this Act, or his executor or ad ministrator, may be served with a summons without the State, in the same manner as service is made within the State, by any person authorized to make service by the laws of the state, territory, posses sion or country in which service is made or by any duly qualified at torney, solicitor, barrister, or equivalent in such jurisdiction."
Part 2
Section 3. Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, is amended by adding a new Code Section 9-10-91.1 to read as follows:
"90-10-91.1. A court of this state may exercise personal jurisdic tion over any nonresident, or his executor or administrator, as to ac tions involving alimony, child support, and division of property in connection with or arising from divorce as if the nonresident were a resident of this state if the nonresident:
(1) Maintained a matrimonial domicile in this state at the time of the commencement of the action or prior thereto;
(2) Executed in this state an agreement on which the action is bas ed;

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(3) Sent the person to whom the obligation sought to be enforced is owed into this state; or
(4) Entered into the marriage from which the action arises in this state."
Section 4. Said article is further amended by replacing Code Section 9-10-94 with a new Code Section to read as follows:
"9-10-94. A person subject to the jurisdiction of the courts of the state under Code Section 9-10-91 or Code Section 9-10-91.1, or his ex ecutor or administrator, may be served with a summons outside the state in the same manner as service is made within the state by any person authorized to make service by the laws of the state, territory, possession, or country in which service is made or by any duly qualified attorney, solicitor, barrister, or the equivalent in such jurisdiction."
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 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:

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 Hudson
Kennedy

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3299

Kidd Land Lester Littlefield McGill McKenzie Reynolds

Robinson Scott Starr Stumbaugh Summers Sutton

Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood
Bell Holloway (presiding)

Hudgins Stephens

Timmons 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 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.
Senate Sponsors: Senators Dean of the 31st and Tysinger of the 41st.

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

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

Those voting in the affirmative were Senators:

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
Hill Horton Howard Hudgins Hudson Kennedy
Kidd Land Lester Littlefield

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McGill McKenzie Reynolds Robinson Scott Starr

Stephens Stumbaugh Summers Sutton Tate

Those not voting were Senators:

Allgood Bond Evans

Greene Holloway (presiding)

Thompson Turner Tysinger Walker Wessels
Timmons Trulock

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The President resumed the Chair.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute, as amended by the House, to the following 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 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.

WEDNESDAY, MARCH 24, 1982

3301

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

HR 916. By Representatives Logan of the 62nd, Buck of the 95th, Russell of the 64th and others:
A resolution commending the Board of Regents of the University System of Georgia for providing 50 years of outstanding service to public higher education in Georgia.

HR 918. By Representative Murphy of the 18th: A resolution relative to adjournment.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

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.

The House amendment was as follows:

Amend the Senate substitute to HB 1906 by striking on Page 3, all of Section 2 and on Page 6, all of Section 4 and change caption accordingly.

Senator Kidd of the 25th moved that the Senate disagree to the House amend ment to the Senate substitute to HB 1906.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 1906.

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

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.
Senate Sponsor: Senator Lester of the 23rd.

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JOURNAL OF THE SENATE

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

March 10, 1982

MEMORANDUM

TO:

Representative Doug Vandiford

FROM: John Carter, Director, Income Tax Division

RE:

Fiscal Note-House Bill 1742

The Revenue Department Research Staff has no available data with which to measure the revenue impact of the above referred House Bill. However, the implementation of this Bill would result in administrative cost of approximately $75,000 to the Department of Revenue.

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

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 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 Tysinger Walker Wessels

Those not voting were Senators:

Allgood Barker

Evans Fincher of 52nd

Greene

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

WEDNESDAY, MARCH 24, 1982

3303

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 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.

Senator Hudson of the 35th moved that the Senate insist upon the Senate amendment to HB 1546.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1546.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

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.

The House amendment was as follows:

Amend the Senate Committee substitute to HB 767 by striking all matter on lines 10 through 12 of Page 4 and inserting in lieu thereof the following:
"(3) A preliminary notice of lien rights has been filed and the time has expired for filing a claim of lien as required by Code Section 44-14-362; or
(4) A demand for filing of a claim of lien has been sent by registered or certified mail to the potential lien claimant at the address specified in the preliminary notice of lien rights and at least ten days have elapsed since the date of such mailing without the filing of a claim of lien."

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By redesignating subsection (h) on line 17 of Page 5 as subsection (i) and adding immediately before such redesignated subsection the follow ing:
"(h) A demand for filing of claim of lien shall contain the same in formation required to be contained in the preliminary notice of lien rights and shall contain the following statement addressed to the potential lien claimant:
'This demand was mailed to you on ________________ pursuant to Code Section 44-14-1361. You are notified that unless you file a claim of lien with respect to this claim on or before the tenth day after said date of mailing your right to claim a lien will be dissolved.' "

Senator Holloway of the 12th moved that the Senate agree to the House amend ment to the Senate substitute to HB 767.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell 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 Hudgins Hudson Kennedy Kidd Land Lester

Those not voting were Senators:

Allgood Bond
Evans

Fincher of 52nd Fincher of 54th
Stephens

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

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 767.

WEDNESDAY, MARCH 24, 1982

3305

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

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.

The House substitute to SB 617 was as follows:

A BILL
To be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of professional engineers and land surveyors, so as to change the provisions relating to enforcement of said chapter; to provide for duties of certain public of ficials; to prohibit the use of certain words for advertisement purposes; 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 15 of Title 43 of the Official Code of Georgia An notated, relating to the regulation of professional engineers and land surveyors, is amended by adding at the end of Code Section 43-15-27 a new subsection, to be designated subsection (c), to read as follows:
"(c) Except as provided in Code Section 25-2-14, it shall be the du ty of all public officials charged with the responsibility of enforcing codes related to construction to require compliance with Code Section 43-15-24 before engineering plans, drawings, and specifications are approved by construction. Except as provided in Code Section 25-2-14, no construction which is subject to Code Section 43-15-24 and which requires the service of an engineer shall be built without such approval prior to construction."
Section 2. Said chapter is further amended by adding at the end of Code Section 43-15-30 a new subsection, to be designated subsection (f), to read as follows:
"(f) Any person offering services to the public who uses by name, verbal claim, sign, advertisement, directory listing, or letterhead the words 'Engineer,' 'Engineers,' 'Professional Engineering,' 'Engineer ing,' or 'Engineered' shall be guilty of a misdemeanor unless said per son has complied with the provisions of this chapter."
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.

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Senator Tysinger of the 41st moved that the Senate agree to the House substitute to SB 617.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Engram Evans Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

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

Those not voting were Senators:

Allgood Ballard Broun of 46th

Fincher of 52nd Fincher of 54th McGill

Stumbaugh Summers

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 617.
The following bills of the House were taken up for the purpose of considering the Conference Committee Reports 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 enforcemnt officers in investigating the commission of certain crimes; to amend the Official Code of Georgia Annotated accordingly.

WEDNESDAY, MARCH 24, 1982 The Conference Committee Report on HB 1285 was as follows:

3307

The Conference Committee on HB 1285 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1285 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Floyd Hudgins Senator, 15th District

Is/ Tom Ramsey Representative, 3rd District

/s/ Wayne Garner Senator, 30th District

/s/ Luther S. Colbert Representative, 23rd District

/s/ J. Nathan Deal Senator, 49th District

/s/ Charles P. Rose Representative, 93rd District

Conference Committee substitute to HB 1285:
A BILL
To be entitled an Act to amend Code Section 24A-3503, relating to children's fingerprints and photographs, as amended, so as to provide that fingerprints of a child 13 or 14 years of age who is referred to the court may be taken and filed by law enforcement officers in investigating the commission of certain crimes; to provide that fingerprints of a child 15 or more years of age who is referred to the court shall be taken and fil ed by law enforcement officers in investigating the commission of cer tain crimes; to amend the Official Code of Georgia Annotated according ly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 24A-3503, relating to children's fingerprints and photographs, as amended, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No child under 13 years of age shall be fingerprinted in the in vestigation of a crime except as provided in this Section. Fingerprints of a child 13 or 14 years of age who is referred to the court may be taken and filed by law enforcement officers and fingerprints of a child 15 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 the following crimes: murder, voluntary manslaughter, involuntary manslaughter, rape, robbery, armed robbery, aggravated assault, ag gravated battery, burglary, and motor vehicle theft (Code Section 26-1813)."
Part 2
Section 2. Code Section 15-11-60 of the Official Code of Georgia An notated, relating to children's fingerprints and photographs, records of same, and the publication of names and pictures of children, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No child under 13 years of age shall be fingerprinted in the in vestigation of a crime except as provided in this Code section. Finger prints of a child 13 or 14 years of age who is referred to the court may be taken and filed by law enforcement officers and fingerprints of a child 15 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the com mission of the crimes of murder, voluntary manslaughter, involuntary manslaughter, rape, robbery, armed robbery, aggravated assault, ag gravated battery, burglary, and motor vehicle theft (Code Section 16-8-17)."
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 Deal of the 49th moved that the Senate adopt the Conference Commit tee Report on HB 1285.

WEDNESDAY, MARCH 24, 1982

3309

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond 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

Lester Littlefield McKenzie Reynolds Robinson Scott Starr Stephens Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Fincher of 54th

McGill Stumbaugh

Summers Wessels

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1285.
Senator Robinson of the 27th assumed the Chair at the direction of the Presi dent.
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.

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The Conference Committee Report on HB 1252 was as follows:

The Conference Committee on HB 1252 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1252 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/si Richard L. Greene Senator, 26th District

Is/ Harry D. Dixon Representative, 151st District

Isl Frank Eldridge Senator, 7th District

Is/ Roy H.Watson, Jr. Representative, 114th District

Isl Lee Robinson Senator, 27th District

/si Burl Davis Representative, 99th District

Conference Committee 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 provide procedures for the holding of referendum elections in certain situations and to provide for matters relative thereto; 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 change certain population brackets and census references; to amend an Act known as the "Georgia Administrative Procedure Act," approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, so as to ex empt certain proceedings of the commissioner 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 provide for continuation of certain forms and filings; to provide that the Act shall not affect or abate certain

WEDNESDAY, MARCH 24, 1982

3311

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 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 purposes.", 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 Administrative 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 amended 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 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 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.

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(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 3. 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 ap plication to have the license for the location previously occupied ap ply 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 ex isting license to apply to the new location."
Section 4. Said Title is further amended by striking subsection (b) of Code Section 5A-2902 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) (A) In the event the governing authority of any municipali ty or county coming under the provisions of this Code section desires to exercise the powers authorized by Code Section 5A-2901, the governing authority shall conduct a special referendum election for the purpose of determining whether or not these powers shall be exer cised. Any such governing authority shall notify the election superintendent of the county, or the municipality, as the case may be, of the referendum, by forwarding to the superintendent a copy of a resolution of such governing authority calling for such a referendum election. Upon receipt of such resolution, it shall be the duty of such election superintendent to set a date and to issue the call for an elec tion for the purpose of submitting the question of whether or not the governing authority of the county or municipality shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. The superintendent shall set the date of the referendum election for not less than 30 nor more than 45 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be publish ed in the official organ of the county or, in the case of a municipality,

WEDNESDAY, MARCH 24, 1982

3313

in a newspaper of general circulation in the municipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following:

'[ ] YES [ ] NO

Shall the governing authority of ________________ be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?'

(B) All persons desiring to vote in favor shall vote 'Yes,' and those persons opposed shall vote 'No.' If more than one-half of the votes
cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for con sumption only on the premises, then the governing authority shall, in
accordance with this section, issue such licenses, otherwise, no license shall be issued. It shall be the duty of the election superinten dent to hold and conduct such election under the same rules that govern special elections as provided in the Georgia Election Code for county elections, or in the Georgia Municipal Election Code, for municipal elections. It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.

(2) (A) In the event the governing authority of any municipality or county coming under the provisions of this Code section does not adopt a resolution directing the election superintendent to issue a call for the referendum provided for in paragraph (1), then, upon a written petition containing the signatures of 15 percent of the registered and qualified voters of any municipality or county coming within the pro visions of this Code section being filed with the appropriate election superintendent, such election superintendent shall be required to call and hold a special referendum election for the purpose of submitting to the qualified voters of the municipality or the county, as the case may be, the question of whether or not the governing authority shall be authorized to issue licenses to sell distilled spirits for beverage pur
poses by the drink, such sales to be for consumption only on the premises. For purposes of this Code section the required number of signatures of registered voters of a political subdivision shall be com
puted based on the number of voters qualified to vote at the general election immediately preceding the presentation of the petition. However, signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. The election superintendent shall verify the signatures on the petition within 15 days after such petition has been placed on file in his office. If the petition contains a sufficient number of valid signatures, the election superintendent shall set the date of the referendum election for not less than 30 nor more than 45 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent
shall also cause the date and purpose of the referendum to be publish ed in the official organ of the county or, in the case of a municipality,

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JOURNAL OF THE SENATE

in a newspaper of general circulation in the municipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following:

'[ ] YES [ ] NO

Shall the governing authority of ________________ be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?'

(B) All persons desiring to vote in favor shall vote 'Yes,' and those persons opposed shall vote 'No.' If more than one-half of the votes cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for con sumption only on the premises, then the governing authority shall, in accordance with this Code section, issue such licenses, otherwise, no license shall be issued. It shall be the duty of the election superinten dent to hold and conduct such election under the same rules that govern special elections as provided in the Georgia Election Code for county elections, or the Georgia Municipaal Election Code, for municipal elections. It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.

(C) Following the expiration of two years after any election is held which results in the disapproval of sales as provided in this chapter, another election on this question shall be held if another petition, as provided above, is filed with the appropriate governing authority."

Section 5. 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."

Section 6. 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."

WEDNESDAY, MARCH 24, 1982

3315

Section 7. An Act entitled "An Act to amend the Code of Georgia of 1933, as amended, so as to codify, revise, clarify, 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 fil ings; 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 provide for rules and regulations; to specify powers of the State Revenue Commis sioner; to specify certain prohibitions; to declare certain privileges; to specify certain requirements; to provide for access to certain 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 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 pro vide 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 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 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 Examiners, 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.' "

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Part 2
Section 8. 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 9. Code Section 3-3-7 of the Official Code of Georgia An notated, 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 (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

WEDNESDAY, MARCH 24, 1982

3317

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."
Section 10. 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 ap plication to have the license for the location previously occupied ap ply 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 ex isting license to apply to the new location."
Section 11. Code Section 3-4-91 of the Official Code of Georgia An notated, relating to procedures for authorizing sales of distilled spirits by the drink, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) (A) In the event the governing authority of any municipali ty or county coming under the provisions of this Code section desires to exercise the powers authorized by Code Section 3-4-90, the govern ing authority shall conduct a special referendum election for the pur pose of determining whether or not these powers shall be exercised. Any such governing authority shall notify the election superintendent of the county, or the municipality, as the case may be, of the referen dum, by forwarding to the superintendent a copy of a resolution of such governing authority calling for such a referendum election. Upon receipt of such resolution, it shall be the duty of such election superintendent to set a date and to issue the call for an election for the purpose of submitting the question of whether or not the governing authority of the county or municipality shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. The superintendent shall set the date of the referendum election for not less than 30 nor more than 45 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be publish ed in the official organ of the county or, in the case of a municipality,

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in a newspaper of general circulation in the municipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following:

'[ ] YES [ ] NO

Shall the governing authority of ________________ be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?'

(B) All persons desiring to vote in favor shall vote 'Yes,' and those persons opposed shall vote 'No.' If more than one-half of the votes cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for con sumption only on the premises, then the governing authority shall, in accordance with this Code section, issue such licenses, otherwise, no license shall be issued. It shall be the duty of the election superinten dent to hold and conduct such election under the same rules that govern special elections as provided in the Georgia Election Code for county elections, or in the Georgia Municipal Election Code, for municipal elections. It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.

(2) (A) In the event the governing authority of any municipality or county coming under the provisions of this Code section does not adopt a resolution directing the election superintendent to issue a call for the referendum provided for in paragraph (1), then, upon a written petition containing the signatures of 15 percent of the registered and qualified voters of any municipality or county coming within the pro visions of this Code section being filed with the appropriate election superintendent, such election superintendent shall be required to call and hold a special referendum election for the purpose of submitting to the qualified voters of the municipality or the county, as the case may be, the question of whether or not the governing authority shall be authorized to issue licenses to sell distilled spirits for beverage pur poses by the drink, such sales to be for consumption only on the premises. For purposes of this Code section the required number of signatures of registered voters of a political subdivision shall be com puted based on the number of voters qualified to vote at the general election immediately preceding the presentation of the petition. However, signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. The election superintendent shall verify the signatures on the petition within 15 days after such petition has been placed on file in his office. If the petition contains a sufficient number of valid signatures, the election superintendent shall set the date of the referendum election for not less than 30 nor more than 45 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be publish ed in the official organ of the county or, in the case of a municipality

WEDNESDAY, MARCH 24, 1982

3319

in a newspaper of general circulation in the municipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following:

'[ ] YES [ ] NO

Shall the governing authority of ________________ be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?'

(B) All persons desiring to vote in favor shall vote 'Yes,' and those persons opposed shall vote 'No.' If more than one-half of the votes cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for con sumption only on the premises, then the governing authority shall, in accordance with this Code section, issue such licenses, otherwise, no license shall be issued. It shall be the duty of the election superinten dent to hold and conduct such election under the same rules that govern special elections as provided in the Georgia Election Code for county elections, or the Georgia Municipal Election Code, for municipal elections. It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.

(C) Following the expiration of two years after any election is held which results in the disapproval of sales as provided in this article, another election on this question shall be held if another petition, as provided in subparagraph (A) of this paragraph, is filed with the ap propriate governing authority."

Section 12. Code Section 3-8-3 of the Official Code of Georgia An notated, relating to the sale of malt beverages at coliseums, is amended by striking paragraph (1) of subsection (a) of said Code section in its en tirety 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."

Section 13. 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-

3320

JOURNAL OF THE SENATE
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.''
Parts
Section 14. (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 15. All laws and parts of laws in conflict with this Act are repealed.

Senator Greene of the 26th moved that the Senate adopt the Conference Com mittee Report on HB 1252.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond 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 Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Broun of 46th

McKenzie

Robinson (presiding)

WEDNESDAY, MARCH 24, 1982

3321

On the motion, the yeas were 52, nay? 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1252.

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

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.

Senator Littlefield of the 6th moved that the Senate insist upon the Senate amendment to the House substitute to SB 552.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to the House substitute to SB 552.

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

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.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1636 by striking on Page 3, line 31 the figure "60" and substituting in lieu thereof the following:
"90".

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.

3322

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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 54th Foster Gillis Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie 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 Bell Fincher of 52nd

Garner Greene

Reynolds Robinson (presiding)

On the passage of the bill, the yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
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. Senate Sponsor: Senator Barnes of the 33rd.

WEDNESDAY, MARCH 24, 1982

3323

The Senate Committee on Judiciary offered the following amendment: Amend HB 1724 by adding on Page 3, line 1 a new subsection (10) to
read as follows: "(10) Hold criminal commitment hearings; and",
and renumbering subsection "(10)"assubsection"(ll)", and by striking on Page 3, lines 3 through 6 in their entirety.

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

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

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

Those voting in the affirmative were Senators:

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

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

Lester Littlefield McGill McKenzie Scott Starr Stephens Stumbaugh Summers Sutton Timmons Trulock Turner Tysinger Wessels

Those not voting were Senators:

Allgood Barker Bond Cobb

Garner Greene Reynolds Robinson (presiding)

Tate Thompson Walker

On the passage of the bill, the yeas were 45, nays 0.

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

3324

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator 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:

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

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

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

Those not voting were Senators:

Allgood Ballard

Fincher of 54th Garner

Hudgins Robinson (presiding)

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 24, 1982

3325

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

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.

Senator Kidd of the 25th moved that the Senate recede from the House amend ment to HB 364.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond 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 Scott Starr Stephens Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Ballard Fincher of 54th

Holloway Hudgins Robinson (presiding)

Stumbaugh Tate

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 364.

3326

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 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.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1508 by adding on Page 1, line 15, after the word "infor mation" the following:
"in good faith".

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

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

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

Those voting in the affirmative were Senators:

Barker
Barnes Bell 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 Horton Howard Hudson Kennedy Kidd Land Lester Littlefield
McGill

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

WEDNESDAY, MARCH 24, 1982

3327

Those not voting were Senators:

Allgood Ballard Bond

Brannon Fincher of 54th Holloway

Hudgins Robinson (presiding) Stumbaugh

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

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.
Senate Sponsor: Senator Greene of the 26th.

Senator Land of the 16th offered the following amendment:

Amend HB 1814 by striking on line 16 of Page 1 the amount "$30.00"
and inserting in its place the amount "$25.00",
and striking on line 19 of Page 1 the amount "$20.00"
and inserting in its place the amount "$15.00".

Senator Land of the 16th asked unanimous consent to withdraw his amend ment to HB 1814, and the consent was granted.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

3328

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

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

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

Voting in the negative was Senator Land.

Those not voting were Senators:

Allgood Ballard Brown of 47th

Evans Fincher of 54th

Hudgins Robinson (presiding)

On the passage of the bill, the yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed.
The President resumed the Chair.
The following bill of the Senate and resolution of the House were taken up for the purpose of considering the House action thereon:
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.

WEDNESDAY, MARCH 24, 1982

3329

Senator Barnes of the 33rd moved that the Senate recede from the Senate amendment to the House amendment to SB 522 and agree to the House amendment
to SB 522.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Voting in the negative was Senator Garner.

Those not voting were Senators:

Allgood Ballard Barker

Brantley Coverdell Evans

Fincher of 52nd Hudgins

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate receded from the Senate amendment to the House amendment to SB 522 and agreed to the House amendment to SB 522.
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.
Senator Horton of the 17th moved that the Senate recede from the Senate amendment to HR 658.

3330

JOURNAL OF THE SENATE

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Foster Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Lester McGill McKenzie

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

Those voting in the negative were Senators:

Brown of 47th

Reynolds

Tysinger

Those not voting were Senators:

Allgood
Ballard Barker Broun of 46th

Coverdell
Evans Fincher of 52nd Fincher of 54th

Garner Hudgins Littlefield

On the motion, the yeas were 42, nays 3; the motion prevailed, and the Senate receded from the Senate amendment to HR 658.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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. Senate Sponsor: Senator Starr of the 44th.

WEDNESDAY, MARCH 24, 1982

3331

The Senate Committee on Education offered the following amendment:

Amend HB 1641 by striking the quotation marks appearing at the end of line 18 of Page 2 and inserting in lieu thereof the following:
"Any member of a county board may be removed by the judge of the superior court of the county, upon petition of two-thirds of the grand jury, for inefficiency, incapacity, general neglect of duty, or malfeasance or corruption in office, after opportunity to answer charges.' "

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:

Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Dean Eldridge English Engram 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 voting in the negative were Senators:

Brown of 47th

Deal

Reynolds

Those not voting were Senators:

Allgood Ballard Barker

Coverdell Evans

Fincher of 52nd Hudgins

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 46, nays 3.

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 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.

Senator Robinson of the 27th moved that the Senate insist upon the Senate substitute to HB 1437.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1437.

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

Mr. President:

The House has rejected the report of the First Committee of Conference and has appointed a Second Committee of Conference on the following bill of the Senate:

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 Speaker has appointed on the part of the House the following members thereof: Representatives Tuten of the 153rd, Auten of the 154th and Lord of the 105th.

WEDNESDAY, MARCH 24, 1982

3333

The House has agreed to the Senate substitute, as amended by the House, to the following resolution of the House:

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.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
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:

Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman 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 Turner Wessels

3334

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Ballard Barker Barnes

Bell Coverdell Evans

Fincher of 54th Tysinger Walker

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up for the purpose of considering the House action thereon:
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.
Senator Howard of the 42nd moved that the Senate adhere to the Senate substitute to HB 1261, 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 1261.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Stephens of the 36th and Littlefield of the 6th.
The following general resolution of the House, favorably reported by the com mittee, was read the third time and put upon its adoption:
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. Senate Sponsor: Senator Wessels of the 2nd.

WEDNESDAY, MARCH 24, 1982

3335

The Senate Committee on Human Resources offered the following substitute to HR545:
A RESOLUTION
Honoring Judge B. B. Heery and Judge Grady Lee Dickey and nam ing the Heery-Dickey Regional Youth Development Center; and for other purposes.
WHERE AS, Judge B.B. Heery passed away June 19, 1970; and
WHEREAS, he had served on the bench since 1923, first as judge of the Municipal Court of Savannah and later as judge of the Domestic Rela tions Division of the Superior Court of Chatham County; and
WHEREAS, in 1970 he received the Trustees' Award, a national honor from the Methodist Church; and
WHEREAS, he was also active in civic and community affairs, serv ing in leadership positions in Civitan, the Elks, and the Shriners; and
WHEREAS, Judge Heery's services to the people of his community, state, and country should be honored and remembered by this body and the people of Georgia; and
WHEREAS, Judge Grady Lee Dickey passed away on July 30, 1980; and
WHEREAS, Judge Dickey was a native Georgian, born March 10, 1924, in Woodcliff, Screven County, Georgia; and
WHEREAS, Judge Dickey served in the United States Army and United States Army Reserves, served as assistant city attorney of Savan nah from 1955 to 1958, and represented Chatham County as a member of the House of Representatives of the 126th General Assembly in 1961 and 1962; and
WHEREAS, Judge Dickey concluded his outstanding career of public service in the capacity of judge of the Juvenile Court of Chatham County from 1975 until his death; and
WHEREAS, Judge Dickey's great services to the people and especial ly the youth of his community, state, and country should be honored and remembered by this body and the people of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body expresses its deep appreciation of the great public services rendered by Judge B. B. Heery and Judge Grady Lee Dickey.
BE IT FURTHER RESOLVED that the former Chatham County juvenile detention facility, which will come under the control and jurisdiction of the state pursuant to Senate Bill 580 of the 1980 General Assembly, is hereby named the Heery-Dickey Regional Youth Develop ment Center.

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JOURNAL OF THE SENATE

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of the Department of Human Resources.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion by substitute, was agreed to.

On the 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 Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English

Engram Fincher of 52nd Foster Garner Gillis Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Barker Dean

Evans Fincher of 54th Horton

Land Stephens

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

WEDNESDAY, MARCH 24, 1982

3337

The following local bill of the Senate was taken up for the purpose of consider ing the House action thereon:
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.

Senator Littlefield of the 6th moved that since the House rejected the First Con ference Committee Report on SB 653, a Second Conference Committee be ap pointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Presi dent appointed as a Second Conference Committee on the part of the Senate the following:
Senators Littlefield of the 6th, Bryant of the 3rd and Kennedy of the 4th.
The following local bill of the Senate was taken up for the purpose of consider ing the Second Conference Committee Report thereon:
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 Second Conference Committee Report on SB 653 was as follows:

The Conference Committee on SB 653 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 653 be adopted.

FOR THE SENATE:

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:

Is/ Bill Littlefield Senator, 6th District

1st James R. Tuten Representative, 153rd District

Is/ GlennE. Bryant Senator, 3rd District

I si Dean G. Auten Representative, 154th District

I si Joseph E. Kennedy Senator, 4th District

1st Jimmy Lord Representative, 105th District

3338

JOURNAL OF THE SENATE

Conference Committee substitute to SB 653:

A BILL
To be entitled an Act to amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended, so as to change the provisions relating to the compensation of the clerk; to change the provi sions relative to the clerk's personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), 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. Beginning July 1, 1982, the clerk of superior court shall receive an annual base salary of $27,563.00, payable in equal monthly installments from Glynn County funds; provided, however, under no circumstances shall the annual base salary of said clerk be less than the annual base salary of the sheriff of Glynn County. The clerk's salary shall be increased by 5 percent per each four-year term of office served by said clerk, figured at the end of each such period of service. Such increase shall not have a retroactive effect, except that the current term of the clerk presently in office shall be counted for determining the appropriate salary under this Section.''
Section 2. Said Act is further amended by striking paragraph (2) of subsection (a) of Section 5 in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) The base annual salary of the persons employed by the clerk shall be fixed by the clerk within the following amounts:
chief deputy ......................$ 12,840.00 to $ 16,050.00
nine deputy clerks. .................$ 7,062.00 to $10,914.00
The salaries of such personnel and their maximum salaries may be in creased annually by the clerk of superior court by a percentage factor not to exceed the amount of the most recent annual cost-of-living in crease granted to employees of the Glynn County governing authori ty. The clerk may also hire any additional personnel required to be hired by order of the Superior Court of Glynn County."
Section 3. This Act shall become effective on July 1, 1982.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 24, 1982

3339

Senator Bryant of the 3rd moved that the Senate adopt the Second Conference Committee Report on SB 653.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adopted the Second Conference Committee Report on SB 653.

The following general resolutions of the House, favorably reported by the com mittees, were read the third time and put upon their adoption:
HR 583. By Representatives Byrd and Moody of the 138th: A resolution designating the Dr. McKee Hargrett Bridge. Senate Sponsors: Senators Reynolds of the 48th and Littlefield of the 6th.

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 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 Holloway Howard Hudson Kennedy Kidd 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 Bond.

Those not voting were Senators:

Ballard Barker Evans

Fincher of 54th Horton

Hudgins Land

3340

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 48, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

HR 656. By Representatives Twiggs and Colwell of the 4th: A resolution designating the Miller J. Grist Bridge. Senate Sponsor: Senator Reynolds of the 48th.

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 Bo wen Brannon Brantley Brown of 47th Bryant Coleman Deal Dean Eldridge English Engram

Fincher of 52nd Foster Gillis Greene Hill Holloway Howard Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds

Those not voting were Senators:

Ballard Barker Broun of 46th Cobb

Coverdell Evans Fincher of 54th Garner

Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Horton Hudgins Hudson

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, MARCH 24, 1982

3341

HR 755. By Representatives Baugh of the 108th and Parham of the 109th: A resolution designating the William Franklin Bloodworth, Jr., Bridge. Senate Sponsor: Senator Reynolds of the 48th.

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 Bryant Coleman Coverdell Deal Dean Eldridge English Engram

Fincher of 52nd Foster Garner Gillis Greene Hill
Holloway Howard 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 Barker Brantley

Cobb Evans Fincher of 54th

Horton Hudgins Hudson

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Broun of the 46th.

3342

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bell Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Coleman Deal Dean Eldridge English Engram
Fincher of 52nd

Foster Garner Gillis Hill Horton Howard
Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds

Robinson Scott Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Barker Bond Cobb

Coverdell Evans Fincher of 54th

Greene Holloway Hudgins

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following resolution of the House was read and put upon its adoption:
HR 918. By Representative Murphy of the 18th: A resolution relative to adjournment by the General Assembly at 9:00 o'clock P.M. on March 24, 1982, and to reconvene at 9:00 o'clock A.M. on Friday, March 26, 1982.
On the adoption of the resolution, the yeas were 34, nays 1.

WEDNESDAY, MARCH 24, 1982

3343

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 291. By Representatives Harrison and Isakson of the 20th, Darden of the 19th and Nix of the 20th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change a provision relative to a definition.

Senator Tate of the 38th moved that the Senate insist upon the Senate substitute toHB291.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 291.

The following resolution of the House was read the first time and referred to committee:

HR 916. By Representatives Logan of the 62nd, Buck of the 95th, Russell of the 64th and others:
A resolution commending the Board of Regents of the University System of Georgia for providing 50 years of outstanding service to public higher education in Georgia.
Referred to Committee on Rules.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 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," approved March 26, 1974 (Ga. L. 1974, p. 975), so as to change the membership of the authority; to provide for legislative intent; to create the Georgia Secondary Market Corporation; to provide that all of the corporate powers of the corporation shall be exercised by a board of directors; to amend the Official Code of Georgia Annotated according ly.

3344

JOURNAL OF THE SENATE

The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

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.

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

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.

The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House the following members thereof: Representatives Ham of the 80th, Triplett of the 128th and McDonald of the 12th.

The House 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 bills of the House:

HB 291. By Representatives Harrison, Isaksonand Nix of the 20th and others:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change a provision relative to a definition.

WEDNESDAY, MARCH 24, 1982

3345

The Speaker has appointed on the part of the House the following members thereof: Representatives Isakson of the 20th, Harrison of the 20th and Johnson of the 72nd.

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 define the term "accident"; to require the use of the American Medical Association Guide to the evaluation of permanent impairment; to change the provisions relating to income benefits for total disability; to change the provisions relating to occupational diseases so as to include byssinosis; to amend the Official Code of Georgia Annotated according-

The Speaker has appointed on the part of the House the following members thereof: Representatives Castleberry of the lllth, Martin of the 60th and Mullinax of the 69th.
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.
The Speaker has appointed on the part of the House the following members thereof: Representatives Ham of the 80th, Bray of the 70th and Beck of the 148th.
The House insists on its position in amending the Senate substitute, and has ap pointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House the following members thereof: Representatives Argo of the 63rd, Martin of the 60th and Dixon of the 151st.

3346

JOURNAL OF THE SENATE

The House has rejected the report of the First Committee of Conference and has appointed a Second Committee of Conference 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 House insists on its position in amending the following bill of the Senate:

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.
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 681. SB 712.

Respectfully submitted,
Is/ Ed Barker, Chairman Senator, District 18

Senator Allgood of the 22nd moved that the Senate stand in recess from 6:20 o'clock P.M. until 9:00 o'clock P.M., and thereafter stand adjourned pursuant to HR 918, adopted previously, until 9:00 o'clock A.M. on Friday, March 26.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate stood in recess from 6:20 o'clock P.M. until 9:00 o'clock P.M., and thereafter stood adjourned pursuant to HR 918, adopted previously, until 9:00 o'clock A.M. on Fri
day, March 26.

FRIDAY, MARCH 26, 1982

3347

Senate Chamber, Atlanta, Georgia Friday, March 26,1982 Fortieth Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.

Senator Walker of the 19th reported that the Journal of the proceedings of Wednesday, March 24, had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute to the following bills of the House:

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 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".

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 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.

3348

JOURNAL OF THE SENATE

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 Section 56-18 may invest in or lend their funds on security of such assets as are permitted by Code Chapter 56-10 for the investment of assets of domestic life insurance companies.

HB 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.

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 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 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.

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.

FRIDAY, MARCH 26, 1982

3349

HB 634. By Representatives Johnson of the 66th, Townsend of the 24th, Oliver of the 121st and others:
A bill to amend the "Housing Authorities Law," so as to delete certain references to the State Housing Authority Board which was abolished by said 1961 amendatory Act; to prohibit appointment of tenants as com missioners.

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 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 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 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.

The House has agreed to the Senate amendments to the following bills of the House:

HB 1700. By Representatives Johnson, Wood and Benefield of the 72nd and others:
A bill to amend Code Title 91A, 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 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.

3350

JOURNAL OF THE SENATE

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.

HB 1957. By Representatives Fortune and Mostiler of the 71st:
A bill to create the Spalding County Water and Sewerage Facilities Authority, to authorize such Authority to acquire, construct, equip, operate, maintain, own and improve self-liquidating projects embracing sources of water supply, the treatment, distribution and sale of water and related facilities to individuals, private concerns, municipal corpora tions and governmental units, the collection, treatment and disposal of sewage waste and storm water, and any related facilities.

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 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 Title 16, relating to crimes and offenses.

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 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.

FRIDAY, MARCH 26, 1982

3351

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 1144. By Representative Harris of the 8th:
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.

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.

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 accord ingly.

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 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.

3352

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 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 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.
The House has agreed to the Senate substitute to the following resolutions of the House:
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 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.

FRIDAY, MARCH 26, 1982

3353

The House has agreed to the Senate amendments to 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.

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.

The House has passed by the requisite constitutional majority the following bills of the Senate:

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.

SB 197. By Senator Bond of the 39th:
A bill to amend an Act known as the "Housing Authorities Law," ap proved March 30, 1937 (Ga. L. 1937, p. 210), so as to change the member ship of the authority in all counties of this state having a population of 550,000 or more according to the U. S. decennial census of 1970 or any future such census.

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, approved August 20, 1927 (Ga. L. 1927, p. 265), so as to provide that certain benefits for officers elected or appointed for definite terms shall not apply to officers who take office after a certain date.

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.

3354

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 ex aminations and applications therefor and provide for licenses, cer tificates, and fees.

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.

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, so as to provide for a program of grants to Georgia residents for attendance at colleges of osteopathic medicine; to provide grants be in the form of loans cancelable by certain practice; to provide for governance of the program by the board of regents and ad ministration of the program by the Georgia Student Finance Authority.

SB 714. By Senator Wessels of the 2nd:
A bill to amend an Act creating the Georgia Department of Labor, ap proved March 25, 1937 (Ga. L. 1937, p. 230), so as to create the Correc tional 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.

SB 746. By Senator Ballard of the 45th:
A bill to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, so as to change the salary and expenses of the official court reporter of said circuit.

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; to repeal conflict ing laws.

FRIDAY, MARCH 26, 1982

3355

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 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 compensation, approved January 27, 1960 (Ga. L. 1960, p. 2007), as amended, so as to change the compensation of the clerk and the judge of the probate court.

SB 770. By Senator Fincher of the 54th:
A bill to amend an Act changing the compensation of the coroner of Whitfield County, approved March 21, 1980 (Ga. L. 1980, p. 3698), so as to change the compensation of the coroner.

SB 771. By Senator Kennedy of the 4th:
A bill to amend an Act creating the charter of the City of Claxton, approv ed April 15, 1961, (Ga. L. 1961, p. 3312), so as to change the authority of the Mayor to name city appointments to various boards and commis sions; 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 ma jority of the City Council to override the veto.

SB 773. By Senator Foster of the 50th:
A bill to amend an Act placing the Tax Commissioner of Rabun County on a salary, approved April 3, 1972 (Ga. L. 1972, p. 3519), as amended, so as to change the compensation of the tax commissioner.

The House has adopted by the requisite constitutional majority the following resolution 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.

3356

JOURNAL OF THE SENATE

The House has adopted the report of the Committee of Conference on the following bill of the Senate:

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.

The House has adopted the report of the Second Committee of Conference on the following bill of the Senate:

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 the report of the Committee of Conference on 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 (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.

The following resolution of the Senate was introduced, read the first time and referred to committee:

SR 410. By Senators Allgood of the 22nd, Kennedy of the 4th, Gillis of the 20th and others:
A resolution creating the New Federalism Committee. Referred to Committee on Rules.

FRIDAY, MARCH 26, 1982

3357

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 871. Do pass by substitute. HB 1473. Do pass.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Natural Resources and Environmental Quality 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 1178. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

The following bills of the House were read the second time:

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 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.

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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.

The following local, uncontested bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 407. By Representative Hill of the 127th:
A bill to amend an Act providing for the compensation of certain officers of counties of this state having a population of not less than 180,000 nor more than 190,000, so as to change the compensation of the tax commis sioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 944. By Representative Phillips of the 125th:
A bill to amend an Act implementing the provisions of Article V, Section VII, Paragraph II of the Constitution of Georgia creating the Savannah District Authority, now known as the Savannah Port Authority, so as to further define the terms "project" and "cost of project" in describing the powers and duties of the Savannah Port 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.

FRIDAY, MARCH 26, 1982

3359

HB 1303. By Representative Greer of the 43rd:
A bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pen sions to county employees of said county, so as to provide that in dividuals employed by the Fulton County Department of Family and Children Services after a certain date shall not be authorized to par ticipate in the pension fund established by 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1343. 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 and for such purposes set forth in the caption of said Act and the several Acts amendatory thereof, so as to correct an inadvertent reference to the "Superior Court of Fulton County,".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1357. By Representatives Williams and Foster of the 6th:
A bill to amend an Act incorporating the City of Dalton, so as to revise and consolidate comprehensively the "Mayor and Council of the City of Dalton Employees' Pension Plan".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

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 services fees charged by the clerk and marshal of said court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, naysO.

The bill, having received the requisite constitutional majority, was passed.

HB 1537. By Representatives Nicholson of the 88th and Padgett of the 86th:
A bill to establish the compensation of certain officials of Richmond County, Georgia; to prohibit certain practices by certain officials.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 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.

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3361

The report 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 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.

The report 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 1691. By Representative Adams of the 36th:
A bill to provide for the establishment of a county-wide library system in Fulton County; to provide the procedures for the transfer of certain ex isting library services and facilities located within unincorporated Fulton County; to provide conditions for the effectiveness of the Act and for an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1707. By Representative Dean of the 29th:
A bill to amend an Act creating county building authorities in certain counties having a population of 550,000 or more according to the 1970 United States decennial census or any such future census, so as to redefine project; to authorize the leasing of project to governmental and public and private persons; to redefine the "cost of the project".

fc

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 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.

The report 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 1811. By Representatives Snow and Hays of the 1st, Foster of the 6th and others:
A bill to amend an Act providing a salary for the court reporter of the Lookout Mountain Judicial Circuit, so as to change the salary of the court reporter.
The report 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 1836. By Representative Couch of the 43rd: A bill to provide a new charter for the City of Union 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.

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3363

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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, naysO.

The bill, having received the requisite constitutional majority, was passed.

HB 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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, naysO.

The bill, having received the requisite constitutional majority, was passed.

HB 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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, naysO.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, naysO.

The bill, having received the requisite constitutional majority, was passed.

HB 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.

The report 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 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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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3365

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.

The report 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 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.

The report 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 1926. By Representatives Wilson of the 19th, Isakson and Nix of the 20th and others:
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 that in all counties having a population of not less than 250,000 nor more than 400,000 according to the United States decennial census of 1980 or any future such census the taxes shall become due and payable on August 15 in each year and shall become delinquent if not paid by October 15 of each year.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 5 1, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1941. By Representative Mullinax of the 69th:
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 51, naysO.

The bill, having received the requisite constitutional majority, was passed.

HB 1942. By Representative Reaves of the 147th:
A bill to amend an Act relating to fire protection districts in Brooks Coun ty, so as to limit the amount of taxes which may be levied without 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1943. By Representative Kilgore of the 65th:
A bill to provide for election districts for election to the Board of Educa tion of Douglas County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1945. By Representative Jones of the 78th:
A bill to amend an Act creating the board of commissioners of Butts County, so as to provide for staggered terms of members of the board.

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3367

The report 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 1946. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to amend an Act creating a board of commissioners for Forsyth County, so as to change the dollar amount of purchases which can be made without the necessity of receiving bids.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1949. By Representatives Karrh of the 106th and Miles of the 107th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Emanuel County, known as the fee system; to provide in lieu thereof an annual salary and to provide for the increase and decrease 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, naysO.

The bill, having received the requisite constitutional majority, was passed.

HB 1950. By Representative Bray of the 70th:
A bill to amend an Act incorporating the City of Manchester, so as to change the corporate limits of the city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1951. By Representative Vaughn of the 57th:
A bill to amend an Act creating the Magistrate's Court of Rockdale Coun ty, so as to change the amount of the fine that the magistrate may impose for any single offense.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, naysO.

The bill, having received the requisite constitutional majority, was passed.

HB 1952. By Representatives Mann and Milford of the 13th:
A bill to amend an Act incorporating the City of Maxeys, so as to change the terms of the mayor and councilmen.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1953. By Representatives Buck of the 95th, Cason of the 96th, Rose of the 93rd and others:
A bill to amend an Act establishing the Municipal Court of Columbus, so as to change the provisions relating to the bonds of the clerk and the mar shal 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 1956. By Representative Reaves of the 147th:
A bill to fix the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300.

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3369

The report 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 1958. By Representative Culpepper of the 98th:
A bill to amend an Act establishing a municipal court in and for the City of Fort Valley, so as to change the provisions relating to penalties impos ed by such 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, naysO.

The bill, having received the requisite constitutional majority, was passed.

HB 1959. By Representatives Karrh of the 106th and Miles of the 107th:
A bill to provide for election of members to the Emanuel County Board of Education; to provide for seven single-member election districts.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1960. By Representative Branch of the 137th:
A bill to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the pro visions relative to the salary of deputy sheriffs.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1961. By Representative Branch of the 137th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Irwin, so as to change the salary provisions relating to the clerk and the secretary.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, naysO.

The bill, having received the requisite constitutional majority, was passed.

HB 1962. By Representative Jackson of the 77th:
A bill to amend an Act changing the compensation of coroners in all counties of this State having a population of not less than 22,320 and not more than 22,500 according to the United States decennial census of 1970, or any future such census, so as to change certain population brackets and census references.

The report 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 1963. By Representative Ross of the 76th:
A bill to amend an Act placing the clerk of the Superior Court of Warren County on an annual salary, so as to change the provisions relative to the compensation of the deputy clerk.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, naysO.

The bill, having received the requisite constitutional majority, was passed.

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3371

HB 1965. By Representatives Walker of the 115th and Culpepper of the 98th:
A bill to amend an Act relating to the State Court of Macon County; so as to change provisions relating to the compensation of the judge and solicitor.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, naysO.

The bill, having received the requisite constitutional majority, was passed.

HB 1966. By Representatives Nix, Harrison and Isakson of the 20th and others:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to provide that the board of education of Cobb County may conduct its meetings at any loca tion within Cobb County and, for special purposes, outside the limits of Cobb County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1967. By Representatives Godbee of the 82nd and Bargeron of the 83rd:
A bill to amend an Act creating the Small Claims Court of Burke County, so as to change provisions relating to the compensation of the judge and fees and costs 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1968. By Representatives Johnson, Benefield and Lee of the 72nd and others:
A bill to change the composition of and manner of selection of the members of the board of education of Clayton County; to fix the compen sation of 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1969. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said municipal corporation, so as to remove certain property from 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 1970. By Representative Padgett of the 86th:
A bill to amend an Act creating the Town of Hephzibah and for other pur poses, so as to change a provision relative to the manager of financial af fairs.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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3373

HB 1971. By Representative Lane of the 40th:
A bill to amend an Act providing for the powers and purposes of the East Point Business and Industrial Development Authority, so as to clarify the procedure for appointing certain 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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.

Senators Coleman of the 1st, Wessels of the 2nd and Bryant of the 3rd offered the following substitute to HB 1319:
A BILL
To be entitled an Act to amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3098), so as to provide new and different districts for the election of members of the board of education; to provide for other related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act relating to the school system of the City of Savan nah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3098), is amended by striking Section 1 and inserting in its place a new section to read as follows:
"Section 1. (a) The Board of Public Education for the City of Savannah and the County of Chatham shall be composed of a Presi dent and eight other members, to be elected as provided in this Act.

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For the purpose of electing the members of the board, Chatham Coun ty shall be divided into eight education districts consisting of the following territory within Chatham County:
Education District No. 1
Chatham 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 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 Blocks404 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
Education District No. 2
Chatham Tract 3 Block Groups 4 through 6 Tracts 10 and 11 Tract 19 Blocks 201, 202, 210, 211, and 215 Tracts 20 and 21

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3375

Tract 22 Blocks 205,211, and 213 through 216 Block Groups 3 through 5 Blocks 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 35.01
Blocks 101, 102, and 104 through 107 Tract 37
Blocks 306 through 313 Tract 101.01
Block 110 Block Groups 2 and 3
Education District No. 3
Chatham Tract 3 Block Groups 1 through 3 Tracts 3.99, 8, and 9 Tract 13 Blocks 102 through 114 Tract 22 Block Group 1 Blocks 201 through 204, 206 through 209, 212, and 612 Tract 35.01 Blocks 108 and 109 Block Groups 2 through 5 Tract 35.02 Tract 36.01 That part of Block 101 within the City of Savannah Blocks 111 through 114 Block Groups 2 through 4 Blocks 501 through 503, 603, 604, 609, and 610 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 Block Groups 1 and 2 Blocks 301 through 305 Tract 38 Tract 39 Blocks 110 through 114, 307 through 321, and 323

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Tract 101.01 Blocks 103 through 107 and 109
Tract 101.02 Blocks 312 and 313
Tract 106.99
Education District No. 4
Chatham Tract 36.01 That part of Block 101 outside the City of Savannah Blocks 102, 103, 105 through 110, 115, 504 through 508, 601, 602, and 605 through 608 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 108 Block Group 4 Tract 101.02 Block Groups 1 and 2 Blocks 301 through 310 That part of Block 901 within the City of Thunderbolt Blocks 903 and 921 Tract 102 Blocks 117 and 201 Tract 110.01 Blocks 101 through 109, 111 through 113, 201 through 206, 211 through 214, 301 through 305, 307 through 314, and 401 Block Group 6 Blocks 901 through 903 Tracts 110.02 and 111.01 through 111.03
Education District No. 5
Chatham Tract 29 Tract 30 Block Groups 2 and 3 Tract 34 Block Groups 1 through 3 Blocks 401 through 403, 509, 510, 513,514, and 523

FRIDAY, MARCH 26, 1982
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 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 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
Education District No. 6
Chatham 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
Education District No. 7
Chatham Tract 105 Blocks 202, 204 through 209, 215,903,905,910,911,913, 914, 916, 917, 920 through 924, 927, 930, 931, and 990

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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
Education District No. 8
Chatham 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, 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
(b) For the purposes of this section:
(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 education 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 section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
(c) The members of the board in office on the effective date of this section shall serve out the terms for which they were elected. A suc cessor to each such member shall be elected from the district describ-

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ed in this section which has the same number as such member's district had under the previous law governing education districts in Chatham County.''
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1380. By Representatives Adams of the 36th, Hamilton of the 31st, Greer of the 43rd and others:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to revise commissioner districts for the election of certain members of the board of commissioners.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 1380 by striking from line 12 through line 17 of Page 2 the following:
"Tract 1 Block Groups 1 and 2 Blocks 301 through 305
Tract 2 Block Group 1 Blocks 202 through 205''.
By striking from line 39 through line 44 of Page 2 the following:
"Tract 1 Blocks 306 through 312 Block Groups 4 and 5
Tract 2 Blocks 201 and 206 through 209 Block Groups 3 through 5",

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and inserting in lieu thereof the following: "Tracts land 2".

On the adoption of the amendment, the yeas were 51, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1412. By Representative Pinkston of the 100th:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan."

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:

March 24, 1982

SUBJECT: Fiscal Note-House Bill 1412 (LC 4 3798T) Macon-Bibb County Water and Sewerage Authority Retire
ment Plan

This Bill would make the following changes to the retirement plan:

1. New or returning employees over age 40 would be allowed to join the retirement plan.
2. The contribution rate for the employer and employees would be reduced from 6.5% to 4.61% of compensation.

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3. The interest credited on employee contributions for the purpose of computing death benefits would be increased from 4% to 7% after the effective date of the Act.
4. Members would qualify for actuarially reduced benefits at age 55 with 15 years' service. Currently members must be at least age 60 with 25 years' service to qualify for early retirement.
5. Vesting of benefits would occur after 10 years' service rather than after 20 years' service.

The actuary for the retirement plan has determined that the 4.61% contribution rate would be sufficient to fund the plan with the im provements noted above, provided the "frozen initial accrued liability" actuarial cost method is used. This method was used in the most recent actuarial valuation of the retirement plan.

I si W. 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, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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.
The Senate Committee on County and Urban Affairs offered the following substitute to HB 1586:
A BILL
To be entitled an Act to amend an Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, so as to provide for a resident of a housing project to be an ad ditional member of any housing authority created in a city having a

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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; 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 known as the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, is amended by adding at the end of Section 5 a new paragraph to read as follows:
"In addition to the five commissioners otherwise provided for in this section, the authority in each city of this state 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 shall have an additional commissioner who shall be a resident of a housing project within the city. Such additional commissioner shall be ap pointed for a term of five years and until the appointment and qualification of a successor. Successors shall also be appointed for terms of five years. The first additional commissioner provided for herein shall be appointed to take office on July 1, 1982."
Part 2
Section 2. Code Section 8-3-50 of the Official Code of Georgia An notated, relating to the appointment and qualification of housing authori ty members, is amended by adding immediately following subsection (g) a new subsection, to be designated subsection (h), to read as follows:
"(h) In addition to the five commissioners otherwise provided for in this Code section, the authority in each city of this state 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 cen sus shall have an additional commissioner who shall be a resident of a housing project within the city. Such additional commissioner shall be appointed for a term of five years and until the appointment and qualification of a successor. Successors shall also be appointed for terms of five years. The first additional commissioner provided for herein shall be appointed to take office on July 1, 1982."
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.

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Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 1749 by striking from line 18 on Page 1 the following: "170,000",
and inserting in lieu thereof the following: "180,000".
By striking from line 20 on Page 2 the following: "170,000",
and inserting in lieu thereof the following: "180,000".

On the adoption of the amendment, the yeas were 0, nays 36, and the amend ment was lost.

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The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1918. By Representatives Pinkston of the 100th, Davis of the 99th, Birdsong of the 103rd and others:
A bill to amend an Act establishing the board of public education and or phanage of Bibb County, so as to change the composition of the Educa tion Districts from which members of the board are elected.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 1918 by striking all matter on lines 14 through 17 of Page 5 and inserting in lieu thereof the following:
" '[ ] YES Shall the boundaries of the districts for the election of members of the Board of Public Education and Orphan-
[ ] NO age for Bibb County be adjusted to reflect population changes reported in the 1980 census?' "
By renumbering Section 3 as Section 4 and adding a new Section 3 to read as follows:
"Section 3. The election required by Section 2 of this Act shall not be held if the enforcement of the provisions of this Act would on Oc tober 1, 1982, be prohibited under the federal Voting Rights Act of 1965."

On the adoption of the amendment, the yeas were 51, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

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3385

HB 1944. By Representative Kilgore of the 65th:
A bill to create a court to be known as the "Magistrate's Court of Douglas County''; to define its jurisdiction and powers; to provide for the appoint ment, duties, and compensation of the presiding officer, who shall be designated "magistrate"; to provide for the appointment, duties, and compensation of deputy magistrates and a clerk.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1944:

A BILL
To be entitled an Act to create a court to be known as the "Magistrate's Court of Douglas County"; to define its jurisdiction and powers; to provide for the appointment or election, duties, and compen sation of the presiding officer, who shall be designated "magistrate"; to provide for the appointment, duties, and compensation of deputy magistrates and a clerk; to provide for the keeping of dockets; to provide for the reporting of cases; to provide an oath for the magistrate and depu ty magistrates; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is created a court which shall be known as the "Magistrate's Court of Douglas County" and which shall have the powers and duties hereinafter set out.
Section 2. (a) There shall be a presiding officer of such court who shall be known as the magistrate. The initial magistrate of such court shall be appointed by the Governor immediately after the effective date of this Act to serve for a term of office which will expire December 31, 1982. His successor shall be elected at the general election held in 1982 and shall take office on the first day of January, 1983, for a term of four years and until his successor is elected and qualified. Thereafter, suc cessors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following their election for four years and until their successors are elected and qualified. The elections provided for herein shall be held and conducted in accordance with the provisions of the Georgia Election Code, as now or hereafter amended, in the same manner as elections for county officers.
(b) Any person elected as the magistrate must be a resident of Douglas County, be at least 21 years of age, be a member of the State Bar of Georgia, and be a person of outstanding character and integrity.
(c) The magistrate may practice law in other courts of this state ex cept with respect to cases which have been processed through the magistrate's court. The magistrate may be removed by the Governor for malfeasance or misfeasance in office. Should a vacancy be caused by the

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death, resignation, or removal of any magistrate, such vacancy shall be filled by appointment of a successor by the grand jury of Douglas County for the unexpired term. Any magistrate appointed to fill such vacancy for the unexpired term shall have and exercise all the powers and duties of the office and shall receive the compensation of said office during his tenure.
Section 3. The magistrate may appoint not more than three deputy magistrates with the consent of the judges of the Superior Court of Douglas County. The deputy magistrates shall serve at the pleasure of the magistrate and under his supervision and direction.
Section 4. The magistrate of said court may appoint a person to act as clerk of said court. It shall be the duty of the clerk of this court to keep all dockets, books, and records required of this court specifically by this Act and generally by the laws of this state; to make all reports and ac count for all costs, fines, and forfeitures required specifically by this Act and by the laws of this state; to have a seal for the court; to issue and sign every order, rule, summons, subpoena, writ, and execution, including, but not limited to, dispossessory warrants, distress warrants, at tachments, all other statutory proceedings, and process or court paper under the authority of the court, except criminal warrants, and attach seals thereto when necessary; to attend all sessions of the court as re quired by the judge thereof; and generally to do and perform, insofar as applicable to the Magistrate's Court of Douglas County or as required in this Act, all duties as clerk which clerks of the superior court may do.
Section 5. An accurate record of all costs, fees, forfeitures, and charges in this court shall be kept by the clerk of this court; and all costs, fees, and charges of every kind collected by any of the officers of this court shall be immediately turned over to the clerk of this court and entered at once by the clerk on his records on or before the fifth day of each month. It shall be the duty of the clerk to furnish the board of com missioners of Douglas County a complete, accurate, and sworn state ment of all such costs, charges, fees, fines, forfeitures, and collections and to pay over all of the moneys collected to the chief financial officer of Douglas County.
Section 6. This court and the judge thereof shall have all powers to do all acts which justices of the peace now are or may hereafter be authorized to do under the law of Georgia and shall have jurisdiction as to subject matter to try and to dispose of all cases wherein the law jurisdiction is conferred upon justices of the peace and justice courts; and the jurisdiction therein and thereover as to the amount shall extend to all cases wherein the principal amount shall be $2,000.00 or less. All pro ceedings and procedures, including, but not limited to, those relative to pleadings, issuance of summons and warrants, committal hearings, trial by the court, trial by jury, and appeal and certiorari shall be the same as is now or may hereafter be provided for justices of the peace and justice courts under the laws of this state except as otherwise provided in this Act.

FRIDAY, MARCH 26, 1982

3387

Section 7. The magistrate of Douglas County and the deputy magistrates shall have criminal jurisdiction to issue warrants for the ap prehension of any person charged on oath with the violation of any penal law in Douglas County, returnable to any court in Douglas County, and are also empowered to issue search warrants and peace warrants.
Section 8. The magistrate of Douglas County and the deputy magistrates shall also have jurisdiction to hold courts of inquiry to ex amine into an accusation against a person arrested and brought before them, to accept and approve bonds pending commitment hearings and bonds pending indictment and trial, and to discharge any and all other functions which under the laws of this state are performable by a justice of the peace. The time of such inquiry shall be determined by the magistrate and shall be held at the courthouse in Douglas County, Georgia, or at such other public location as designated by the magistrate.
Section 9. This court and the judge thereof shall also have jurisdic tion and power to conduct trials, receive pleas of guilty or of nolo contendere, and impose sentence upon defendants charged with a violation of any ordinance, law, or regulation adopted by the board of commis sioners of Douglas County which constitutes a misdemeanor.
Section 10. The terms of this court shall commence on the first Mon day in each month. The judge of this court shall have the power to hold court in session from day to day and to recess the same from time to time, provided that each term of this court shall be finally adjourned simultaneously with the commencement of the succeeding term.
Section 11. In all civil cases filed or brought in this court, the pro cedure, pleading, and practice in this court shall be the same as that now or hereafter prescribed by the laws of this state for justice courts except as otherwise provided in this Act.
Section 12. In all matters pertaining to service, pleading, and prac tice, the laws governing the justice court, where not inconsistent with this Act and unless otherwise specifically provided by this Act, shall be applicable to the Magistrate's Court of Douglas County.
Section 13. All executions issued from this court shall hear teste in the name of the judge, be signed by the clerk or by the deputy clerk, and be directed to the constables of this court and to all and singular the sheriffs or their deputies of the various counties of Georgia.
Section 14. The costs and fees charged in this court in all cases shall be the same as are now or hereafter provided by law for justice courts and constables except as otherwise provided herein. The cost of criminal arrest warrants shall be $ 15.00.
Section 15. Each party filing a civil suit or proceeding in this court shall deposit with the clerk of this court at the time of the filing or com mencement of the proceedings the sum of $13.00 on cost of suit; provid ed, however, this deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same; and provided, further, if the party making such deposit shall

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finally prevail in the suit or proceeding, the amount of the deposit shall be taxed as a part of the cost against the losing party defendant and shall be refunded to the party depositing the same after all costs have been paid.
Section 16. The magistrate of said court shall receive a salary of $12,000.00 per annum, payable in equal monthly installments out of the treasury of Douglas County. The deputy magistrates shall be compen sated by the magistrate from these funds.
Section 17. The compensation of the clerk and all necessary ex penses of the Magistrate's Court of Douglas County shall be paid from the treasury of Douglas County.
Section 18. Before entering upon the discharge of the duties of their office, the magistrate and the deputy magistrate shall take and subscribe before the probate judge of Douglas County the following oath:
"I solemnly swear that I will administer justice as announced by the law and not of my personal determination, without respect to per sons, and do equal right to all persons and that I will faithfully and im partially discharge and perform all duties which may be required of me as magistrate or deputy magistrate of the Magistrate's Court of Douglas County, according to the best of my ability and understand ing and in accordance with the laws and Constitution of this state and the Constitution of the United States, so help me God."
Section 19. In the event of the disqualification, illness, or absence of the magistrate, the magistrate may appoint any attorney at law resident in Douglas County or any judge or any duly appointed juvenile court judge to serve as judge pro tempore of said court; and, in the event he is absent or unable to make such appointment, the judge of the superior court of that county may so appoint and such person so appointed shall have the authority to preside in the stead of said disqualified, ill, or ab sent magistrate and shall be paid from the county treasury.
Section 20. 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 21. 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 22. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, MARCH 26, 1982

3389

Senators Garner of the 30th and Dean of the 31st offered the following amend ment:

Amend the substitute to HB 1944 offered by the Senate Committee on County and Urban Affairs by striking from line 20 of Page 1 the word "Governor" and inserting in lieu thereof the words "judges of the Superior Court of Douglas County".

On the adoption of the amendment, the yeas were 51, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 51, 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, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1947. By Representatives Fortune and Mostiler of the 71st:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the judges of the superior courts and district attorneys of that judicial circuit.
The Senate Committee on County and Urban Affairs offered the following substitute to HB 1947:
A BILL
To be entitled an Act to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, par ticularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), so as to change the county supplement for the judges of the superior courts and district attorneys of that judicial circuit; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other pur poses.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), is amended by striking Section 6A of said Act which reads as follows:
"Section 6A. The governing authorities of Fayette County, Pike County, Spalding County and Upson County, the four counties com prising the Griffin Judicial Circuit, are hereby authorized to provide from county funds a supplement to the compensation of each judge received from State funds, and the district attorney received from State funds. The amount of such supplement for each judge shall be $7,500 per annum, and the amount of such supplement for the district attorney shall be $5,000 per annum. Said amounts shall be paid monthly by the counties comprising the Griffin Judicial Circuit in pro portion to and prorated according to the population of said counties as shown by the United States Decennial Census of 1970, out of the treasuries of such counties comprising said circuit in the following proportion and amounts according to the population, as shown by the 1970 Census, to wit: Spalding County shall pay the sum of $293.75 per month as a salary supplement for each judge and the sum of $195.83 per month as a salary supplement for the district attorney; Upson County shall pay the sum of $200.00 per month as a salary supple ment for each judge and the sum of $ 133.33 per month as a salary sup plement for the district attorney; Fayette County shall pay the sum of $68.75 per month as a salary supplement for each judge and the sum of $45.83 per month as a salary supplement for the district attorney; Pike County shall pay the sum of $62.50 per month as a salary supple ment for each judge and the sum of $41.67 per month as a salary sup plement for the district attorney.
It shall be the duty of the governing authorities of each such coun ty to provide by taxation, or otherwise, sufficient funds to pay the por tion of said salary supplement assessed against each of said counties, and to pay the same as provided in this Act. The salary supplement of each judge and the district attorney is hereby made and declared to be a part of the expenses of the courts, and the power to levy a tax to pay the same is hereby delegated to said county governing authorities.",
and inserting in its place a new Section 6A to read as follows:
"Section 6A. The governing authorities of Fayette County, Pike County, Spalding County, and Upson County, the four counties com prising the Griffin Judicial Circuit, are authorized to provide from county funds a supplement to the compensation of each judge receiv ed from state funds, and the district attorney received from state funds. The amount of such supplement for each judge shall be $10,000.00 per annum, and the amount of such supplement for the district attorney shall be $7,500.00 per annum. Said amount shall be paid monthly by the counties comprising the Griffin Judicial Circuit in proportion to and prorated according to the population of said coun ties as shown by the United States decennial census of 1980 out of the treasuries of such counties comprising said circuit in the following an-

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nual amounts: Spalding County shall pay $4,300.00 as a salary supple ment for each judge and $3,225.00 as a salary supplement for the district attorney; Upson County shall pay $2,300.00 as a salary supple ment for each judge and $1,725.00 as a salary supplement for the district attorney; Fayette County shall pay $2,600.00 as a salary sup plement for the district attorney; Pike County shall pay $800.00 as a salary supplement for each judge and $600.00 as a salary supplement for the district attorney. All of the above amounts shall be paid in equal monthly installments.
It shall be the duty of the governing authorities of each such coun ty to provide by taxation, or otherwise, sufficient funds to pay the por tion of said salary supplement assessed against each of said counties, and to pay the same as provided in this Act. The salary supplement of each judge and the district attorney is made and declared to be a part of the expenses of the courts, and the power to levy a tax to pay the same is delegated to said county governing authorities."
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 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 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.

Senator Cobb of the 28th offered the following substitute to HB 1947:

A BILL
To be entitled an Act to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, par ticularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), so as to change the county supplement for the judges of the superior courts of that judicial circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), is amended by striking Section 6A of said Act which reads as follows:
"Section 6A. The governing authorities of Fayette County, Pike County, Spalding County and Upson County, the four counties com prising the Griffin Judicial Circuit, are hereby authorized to provide from county funds a supplement to the compensation of each judge received from State funds, and the district attorney received from State funds. The amount of such supplement for each judge shall be $7,500 per annum, and the amount of such supplement for the district attorney shall be $5,000 per annum. Said amounts shall be paid monthly by the counties comprising the Griffin Judicial Circuit in pro portion to and prorated according to the population of said counties as shown by the United States Decennial Census of 1970, out of the treasuries of such counties comprising said circuit in the following proportion and amounts according to the population, as shown by the 1970 Census, to wit: Spalding County shall pay the sum of $293.75 per month as a salary supplement for each judge and the sum of $195.83 per month as a salary supplement for the district attorney; Upson County shall pay the sum of $200.00 per month as a salary supple ment for each judge and the sum of $133.33 per month as a salary sup plement for the district attorney; Fayette County shall pay the sum of $68.75 per month as a salary supplement for each judge and the sum of $45.83 per month as a salary supplement for the district attorney; Pike County shall pay the sum of $62.50 per month as a salary supple ment for each judge and the sum of $41.67 per month as a salary sup plement for the district attorney.
It shall be the duty of the governing authorities of each such coun ty to provide by taxation, or otherwise, sufficient funds to pay the por tion of said salary supplement assessed against each of said counties, and to pay the same as provided in this Act. The salary supplement of each judge and the district attorney is hereby made and declared to be a part of the expenses of the courts, and the power to levy a tax to pay the same is hereby delegated to said county governing authorities.",
and inserting in its place a new Section 6A to read as follows:
"Section 6A. The governing authorities of Fayette County, Pike County, Spalding County, and Upson County, the four counties com prising the Griffin Judicial Circuit, are authorized to provide from county funds a supplement to the compensation of each judge receiv ed from state funds, and the district attorney received from state funds. The amount of such supplement for each judge shall be $10,000.00 per annum, and the amount of such supplement for the district attorney shall be $5,000.00 per annum. Said amount shall be paid monthly by the counties comprising the Griffin Judicial Circuit in proportion to and prorated according to the population of said coun ties as shown by the United States decennial census of 1980 out of the treasuries of such counties comprising said circuit in the following an-

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nual amounts: Spalding County shall pay $4,300.00 as a salary supple ment for each judge and $2,150.00 as a salary supplement for the district attorney; Upson County shall pay $2,300.00 as a salary supple ment for each judge and $1,150.00 as a salary supplement for the district attorney; Fayette County shall pay $2,600.00 as a salary sup plement for each judge and $1,300.00 as a salary supplement for the district attorney; Pike County shall pay $800.00 as a salary supple ment for each judge and $400.00 as a salary supplement for the district attorney. All of the above amounts shall be paid in equal monthly installments.
It shall be the duty of the governing authorities of each such coun ty to provide by taxation, or otherwise, sufficient funds to pay the por tion of said salary supplement assessed against each of said counties, and to pay the same as provided in this Act. The salary supplement of each judge and the district attorney is made and declared to be a part of the expenses of the courts, and the power to levy a tax to pay the same is delegated to said county governing authorities."
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 to HB 1947 offered by the Senate Committee on County and Urban Affairs, the yeas were 0, nays 51, and the committee substitute was lost.

On the adoption of the substitute offered by Senator Cobb of the 28th, the yeas were 51, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1964. By Representative Dover of the llth:
A bill to amend an Act creating the office of tax commissioner of Habersham County, so as to change the salary of the tax commissioner, the method of filling vacancies in office, and the required hours of operation of the tax commissioner's office.

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The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 1964 by adding after the period on line 29 of Page 2 the following:
"All funds collected or held by the tax commissioner shall be deposited in one or more interest-bearing demand accounts; and in terest earned shall be paid to the county and the county school district in proportion to their shares of the principal deposits.''

On the adoption of the amendment, the yeas were 51, nays 0, and the amend ment was adopted.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 1964 by striking from lines 20 and 21 of Page 2 the following:
", at least four of which hours shall be on Saturday.",
and inserting in lieu thereof the following:
". During the period of February 1 through March 31 of each year, at least four of said 40 hours shall be on Saturday of each week."

On the adoption of the amendment, the yeas were 51, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Barker Barnes Brantley Broun of 46th

Brown of 47th Bryant Cobb Coleman Deal

Eldridge English Engram Evans Fincher of 52nd

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3395

Foster Garner Gillis
Greene Hill Holloway Horton Howard Hudgins Hudson

Kennedy Kidd Land
Lester McGill McKenzie Robinson Scott Starr Stephens

Those not answering were Senators:

Ballard Bell Bond Bowen

Brannon Coverdell Dean Fincher of 54th

Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Littlefield Reynolds Timmons

Senator Horton of the 17th introduced the chaplain of the day, Reverend Ed Hoard, associate pastor of the Jonesboro First Baptist Church, Jonesboro, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 403. By Senator Cobb of the 28th: A resolution commending Roy L. Inman.
SR 404. By Senator Cobb of the 28th: A resolution commending Mrs. Ruby C. Hill.
SR 405. By Senator Cobb of the 28th: A resolution commending Russell Mercer Smith.
SR 407. By Senator Kidd of the 25th: A resolution urging the Board of Medical Assistance to utilize available funds to relieve constraints placed on the Medicaid Dental Program.
SR 408. By Senators Foster of the 50th, Holloway of the 12th, Starr of the 44th and others: A resolution honoring Governor Busbee.

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SR 409. By Senators Walker of the 19th, Gillis of the 20th, Bowen of the 13th and others:
A resolution expressing regrets at the passing of Mr. J. Andrew Hill, Sr.

SR 411. By Senators Coleman of the 1st and Wessels of the 2nd:
A resolution commending the International Association of Lions Clubs on their 60th anniversary.

SR 412. By Senator Barker of the 18th: A resolution commending Reese Nobles, Jr.

SR 413. By Senators Stephens of the 36th, Holloway of the 12th, Starr of the 44th and others:
A resolution commending the Cyclorama Restoration Committee, Inc.

SR 414. By Senators Kidd of the 25th, Wessels of the 2nd, Stephens of the 36th and others:
A resolution commending Mr. Jessie Alien Sampley.

SR 415. By Senator Broun of the 46th:
A resolution expressing sympathy at the passing of Miss Margaret By num.

SR 416. By Senator Kidd of the 25th: A resolution relative to heart and cardiovascular disease.

SR 418. By Senators Kennedy of the 4th, Bryant of the 3rd, Coleman of the 1st and others:
A resolution commending the Honorable Charles Henry Wessels.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SENATE RULES CALENDAR Friday, March 26, 1982
FORTIETH LEGISLATIVE DAY

HB 1209. Georgia Golf Hall of Fame-create (SUBSTITUTE) (C&UA-G22nd)
HB 580. Penitentiary--minimum time to be served (S Judy--2nd)

FRIDAY, MARCH 26, 1982

3397

HB 1529. Operating Citizens' Band Radio in Automobile--additional license plate fee (Trns--48th)
HB 1714. Superior Court Clerks--provision for compensation (AMEND MENT) (Gov Op-25th)
HB 1315. Employees' Retirement--change employee contribution rate (SUBSTITUTES) (Ret-40th)
HB 1204. Nursing Home Care--children's responsibility for cost (Hum R-- 42nd)
HB 1780. Irrigation Systems--change type of equipment required to be used on (Ag--10th)
HB 371. Instruments Releasing a Security Agreement--execution (SUBSTITUTE) (SJudy-6th)
HB 1055. Professional Fund Raising Regulation--redefine certain terms (C Aff-39th)
HB 1348. Probated Sentences--enact certain provisions (Judy--33rd)
HB 1316. Employees' Retirement--rates of interest for use in calculations re quired (SUBSTITUTE) (Ret-38th)
HB 1558. Landlord and Tenant--dispossessory and distress warrant pro ceedings (SUBSTITUTE) (Judy-49th)
HB 48. Protection of Children Reared under Immoral Conditions--repeal Code (SUBSTITUTE) (S Judy-2nd)
SR 388. Workers' Compensation Reform Study Committee--create (SUBSTITUTE) (Rules-14th)
SR 384. State Ombudsman Study Committee--create (Rules--27th)
SR 378. Driver's License Suspension and Revocation Study Committeecreate (Rules--16th)
HB 1638. Facade Easement--include those granted on certain designated property (Gov Op--44th)
SR 338. Veterans of Foreign Wars--urge issuance of prestige license plates (D&VA-44th)
HR 690. Development of Small-Scale Hydroelectricity--urge expertise in assisting (Rules--35th)
HB 1547. Appointing Guardian--authorize certain physicians in federal medical facilities to execute certain affidavits (S Judy--37th)
HB 1421. Notaries Public--proof of appointment to obtain seal of office (Gov Op-25th)
SR 385. Mortgage Subsidy Bond Tax Act of 190--urge Congress take ac tions (Rules--2nd)
SR 363. Georgia State Senate--recognize *nd commend (Rules--9th)
HB 717. Traffic Violations--payment of ch bonds in certain cases (SUBSTITUTE) (SJudy-2nd)

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HB 1776. Jury Commissioners--compensation (S Judy--6th)
HB 1847. Certain Courts of Limited Jurisdiction--compensation of judges (SUBSTITUTE) (Judy-33rd)
HB 94. Child Custody Cases--court may order investigations (SUBSTITUTE) (SJudy-6th)
Respectfully submitted,
Isi Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 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.
Senate Sponsor: Senator Allgood of the 22nd.
The Senate Committee on County and Urban Affairs offered the following substitute to HB 1209:
A BILL
To be entitled an Act to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame, so as to create the Georgia Golf Hall of Fame; to provide for a board and its membership; to provide for personnel, space, equip ment, and supplies; to provide for the powers and duties of the board; to provide for funds; to provide for other matters relative to the foregoing; 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. Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame, is amended by striking said article in its entirety and inserting in lieu thereof the following:
"ARTICLE 4
HALLS OF FAME
Parti
Georgia Sports Hall of Fame
50-12-60. There is created the Georgia Sports Hall of Fame Board. The board shall be composed of nine members to be appointed by the Governor. Initially, three members shall be appointed for terms of

FRIDAY, MARCH 26, 1982

3399

two years, three for four years, and three for six years. Thereafter, all members shall be appointed for terms of six years. The Governor shall consider different areas of the state when making appointments to the board. The board shall elect a chairman, a vice-chairman, and such other officers as it deems advisable from its own membership. The members shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings of the board. The board is authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions. The board shall meet once each quarter and at such other times as the board deems necessary but not more than eight times annually. A ma jority of the members shall constitute a quorum for the transaction of business.
50-12-61. The board shall obtain such halls, rooms, quarters, and offices as it deems necessary for conducting its affairs. The board shall provide a portion of any such space as it shall deem necessary for the display of busts, statues, plaques, books, papers, pictures, and other exhibits and material relating to sports, athletics, and athletes.
50-12-62. It shall be the main purpose and function of the board to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to sports and athletics in this state or elsewhere. The board is authorized to conduct surveys and polls and to appoint committees to assist it in performing its func tion and purpose.
50-12-63. The board is authorized to solicit and accept donations, contributions, and gifts of money and property to enable it to carry out its function and purpose. The donations, contributions, and gifts shall be exempt from all taxation in this state. The General Assembly is authorized to appropriate funds to the board.
Part 2
Georgia Golf Hall of Fame
50-12-64. (a) There is created the Georgia Golf Hall of Fame which shall be governed by the Georgia Golf Hall of Fame Board.
(b) The board is assigned to the Department of Administrative Ser vices for administrative purposes only, as specified in Code Section 50-4-3.
50-12-65. The board shall be composed of nine members to be ap pointed by the Governor. Initially, three members of the board shall be appointed for terms of two years, three members of the board shall be appointed for terms of three years, and three members of the board shall be appointed for terms of four years. Thereafter, all members shall be appointed for terms of six years. The Governor shall consider different areas of the state when making appointments to the board. The board shall elect a chairman, a vice-chairman, and such other of ficers as it deems advisable from its own membership. The members shall receive no compensation for their services but shall be reim-

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bursed for expenses incurred in attending meetings of the board. The board is authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions; however, such employees shall not be subject to the state merit system of employ ment and employment administration. The board shall meet once each quarter and at such other times as the board deems necessary but not more than eight times annually. A majority of the members shall constitute a quorum for the transaction of business.
50-12-66. It shall be the main purpose and function of the board to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or elsewhere. The board is authorized to conduct surveys and polls and to appoint committees to assist it in performing its purpose and function.
50-12-67. The headquarters of the board shall be located in Augusta, Richmond County, Georgia. The board may obtain such halls, rooms, quarters, and offices as it deems necessary for conduct ing its affairs. The board shall provide a portion of any such space as it shall deem necessary for the display of busts, statues, plaques, books, papers, pictures, and other exhibits and material relating to sports, athletics, and athletes. In addition, the board is authorized to recognize and designate any existing or proposed facility as a part of the Hall of Fame as may be appropriate.
50-12-68. (a) The board is authorized to solicit and accept dona tions, contributions, and gifts of money and property to enable it to carry out its function and purpose. The donations, contributions, and gifts shall be exempt from all taxation in this state. The General Assembly is authorized to appropriate funds to the board.
(b) The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is created. The board is authorized to enter into contracts, leases, or agreements with any per son, firm, or corporation, public or private, upon such terms and for such purposes as may be deemed advisable by the board."
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 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.

FRIDAY, MARCH 26, 1982

3401

On the passage of the bill, 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

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Kennedy Kidd Lester Littlefield McGill

McKenzie Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Robinson.

Those not voting were Senators:

Broun of 46th Coverdell English

Hill Holloway (presiding) Hudson

Land Reynolds

On the passage of the bill, the yeas were 47, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 780. By Senators Littlefield of the 6th and Bryant of the 3rd: A bill to amend an Act creating the Magistrate's Court of Glynn County, as amended, so as to change the compensation of the deputy magistrate.

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JOURNAL OF THE SENATE

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, approved April 11, 1979 (Ga.L. 1979, p. 3539), so as to change the terms of office of certain current members; to provide for other matters relative to the foregoing.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

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.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 580. By Representative Adams of the 14th:
A bill to amend Code Chapter 68A-9, relating to serious traffic offenses, so as to change the penalties for certain violations and to provide for minimum time to be served in the penitentiary.
Senate Sponsors: Senators Wessels of the 2nd and Greene of the 26th.

Senator Greene of the 26th offered the following substitute to HB 580:
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 definition of and punishment for homicide by vehicle; to amend Code Section 68A-1507, relating to prosecution of a traffic violation as a state or local offense, so as to provide for jurisdiction over certain offenses; 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 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

FRIDAY, MARCH 26, 1982

3403

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 ten 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 ten years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, pro bated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary."
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.
(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.

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(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 ten 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 ten years, and adjudication of guilty or imposi tion of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary."
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 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.

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3405

(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.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Brannon

Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman

Coverdell Deal Eldridge English Engram Fincher of 52nd

3406
Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Kennedy Kidd

JOURNAL OF THE SENATE

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 Bowen Dean

Evans Holloway (presiding) Hudgins

Hudson Reynolds

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 580.
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. Senate Sponsors: Senators Reynolds of the 48th and Coleman of the 1st.
Senator Greene of the 26th offered the following substitute to HB 1529:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to pro vide for the amount of the fee charged for special motor vehicle license tags issued to citizens' band radio operators; to require the Georgia Bureau of Investigation to inspect certain motor vehicles to ensure that the word "Rebuilt" is affixed thereto; to require that the word "Rebuilt" be affixed to certain motor vehicles in certain locations; to provide an ef fective date; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 26, 1982

3407

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (a) of Code Section 40-2-74 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official citizens' band radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional fee of $10.00, shall be issued a license plate for a private passenger vehicle upon which shall be in scribed the official citizens' band radio call letters of such applicant as assigned by the Federal Communications Commission."
Section 2. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 40-3-35.1 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(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, verification that the word 'Rebuilt' is permanently affixed as required by subsection (c) of this Code section, 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 subse quent inspection is required for any one motor vehicle under this Code 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 com missioner of the results of each inspection."
Section 3. Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 40-3-35.1 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) (A) 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.
(B) If it is determined that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or cor-

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poration restoring such motor vehicle shall, prior to the inspection by the Georgia Bureau of Investigation, cause the word 'Rebuilt' to be permanently affixed to said motor vehicle. The word 'Rebuilt' shall be affixed in a clear and conspicious manner to the door post or such other location as the commissioner may prescribe. The word 'Rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be per manently affixed to the motor vehicle in such manner as the commis sioner may prescribe. The requirement of this subparagraph (B) shall only apply to motor vehicles restored after November 1, 1982."
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.

On the passage of 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 Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean

Eldridge English Engram Fincher of 52nd Foster Gillis Greene Horton Howard Kennedy Kidd Lester Littlefield

McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Tate Timmons Turner Walker Wessels

Voting in the negative were Senators Garner and Hill.

Those not voting were Senators:

Bell Bowen Brantley Coverdell Evans Fincher of 54th

Holloway (presiding) Hudgins Hudson Land Reynolds

Summers Sutton Thompson Trulock Tysinger

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3409

On the passage of the bill, the yeas were 38, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1714. By Representatives Snow of the IstandCastleberry of the lllth:
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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 1714 by striking from Section 1 on line 24 the following:
"continue to receive the amount provided above.",
and inserting in lieu thereof the following:
"not receive any additional salary provided for in this Code sec tion."

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 Bowen Brannon Brown of 47th Bryant Cobb Coleman

Deal Dean Eldridge English Engram Fincher of 52nd Foster Garner Gillis Greene

Hill Horton Howard Kennedy Kidd Lester Littlefield McGill McKenzie Robinson

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JOURNAL OF THE SENATE

Scott Starr Stephens Stumbaugh

Summers Tate Thompson Timmons

Turner Walker Wessels

Those not voting were Senators:

Bell Bond Brantley Broun of 46th Coverdell

Evans Fincher of 54th Holloway (presiding) Hudgins Hudson

Land Reynolds Sutton Trulock Tysinger

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President resumed the Chair.

The following bills of the House were taken up for the purpose of considering the House action thereon:

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.

Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 1906, and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1906.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Kidd of the 25th, Hudgins of the 15th and Stephens of the 36th.

FRIDAY, MARCH 26, 1982

3411

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.

Senator Cobb of the 28th moved that the Senate adhere to the Senate substitute to HB 1464, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1464.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Cobb of the 28th, Hill of the 29th and Ballard of the 45th.

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 Dean of the 31st moved that since the House rejected the First Con ference Committee Report on HB 55, a Second Conference Committee be ap pointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Presi dent appointed as a Second Conference Committee on the part of the Senate the following:

Senators Dean of the 31st, Scott of the 43rd and Bell of the 5th.

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.

3412

JOURNAL OF THE SENATE

Senator Robinson of the 27th moved that the Senate adhere to the Senate substitute to HB 1437, and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1437.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Robinson of the 27th, Cobb of the 28th and Foster of the 50th.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

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 House has passed, as amended, by the requisite constitutional majority the following bill 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.

The following bills of the Senate and House were taken up for the purpose of considering the House action thereon:

HB 291. By Representatives Harrison and Isakson of the 20th, Darden of the 19th and Nix of the 20th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change a provision relative to a definition.

FRIDAY, MARCH 26, 1982

3413

Senator Garner of the 30th moved that the Senate adhere to the Senate substitute to HB 291, and that a Conference Committee be appointed.

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 Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Coleman Dean Eldridge English

Engram
Fincher of 52nd Foster Garner Gillis Greene Horton Howard Kennedy Kidd Lester Littlefield

McGill
McKenzie Robinson Scott Starr Stephens Summers Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Ballard Bell Brantley Cobb Coverdell Deal
Evans

Fincher of 54th Hill Holloway Hudgins Hudson Land

Reynolds Stumbaugh Sutton Tate Trulock Tysinger

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 291.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Tate of the 38th, Starr of the 44th and Garner of the 30th.
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.

3414

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Senator Sutton of the 9th moved that the Senate adhere to its disagreement to the House amendment to SB 693, and that a Conference Committee be appointed.

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 Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Coleman Deal Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Kennedy Kidd Lester Littlefield

McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Thompson Trulock Turner Walker Wessels

Those not voting were Senators:

Ballard Bell Brantley Cobb Coverdell Dean

Evans Hill Holloway Hudgins Hudson Land

Reynolds Sutton Tate Timmons Tysinger

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 693.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Sutton of the 9th, Eldridge of the 7th and Greene of the 26th.

FRIDAY, MARCH 26, 1982

3415

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 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.

The House has adopted, by substitute, by the requisite constitutional majority the following resolution 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 House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 364. By Senators Littlefield of the 6th, Wessels of the 2nd and Barnes of the 33rd:
A bill to amend Code Title 56, relating to insurance, as amended, so as to provide for a new Code chapter relating to insurance information and privacy protection; to provide for legislative intent; to provide for the scope and application of said Code chapter.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
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.

3416

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 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.
Senate Sponsors: Senators Coverdell of the 40th and Starr of the 44th.

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:

March 8, 1982

SUBJECT: Fiscal Note-House Bill 1315 (Substitute) (EC 1 0221S) Employees' Retirement System (ERS)

This substitute Bill would increase the required employer contribu tion for current ERS members and establish a new plan of benefits for persons becoming members of ERS on or after July 1, 1982. Current ERS members would be required to contribute an additional 1% of their earnable compensation to ERS after July 1, 1982. The major provisions of the new retirement plan are described in the following paragraphs.

1. Benefits would be equal to 1.5% of members' average final com pensation times the number of years of creditable service (assuming the maximum benefit option is chosen).

2. Employee contributions made by the employer would not be in cluded in the calculation of average final compensation and would not be refundable to members who withdraw from ERS.

3. Only regular membership service would be allowed in computing retirement benefits (i.e. no credit for military or other prior service).

4. No service credit would be allowed for forfeited leave.

FRIDAY, MARCH 26, 1982

3417

5. The "34 years and out" provision would not apply to members under the new plan.

Current ERS members could elect to participate in the new plan. Retirement benefits for persons transferring to the new plan would con sist of a portion of the benefits they would have received had they re mained under the current plan plus a portion of the benefits they would have received had they rendered all service under the new plan.

The actuary for ERS has estimated that this Bill would result in a reduction in the employer contribution rate of 1.13% in the first year. Given the fiscal year 1983 estimated payroll of $753,000,000 covered by ERS, this Bill would result in a savings of $8.5 million in fiscal year 1983. Savings in future years will depend on the number of employees under the new plan and changes in the ERS covered payroll.

It should be noted that the section of this Bill concerning the benefits to be received by persons transferring to the new plan is unclear since the terms "actual years of creditable service" and "total years of creditable service" are not defined.

Is! W. M. Nixon State Auditor

I si C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to HB 1315:
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 change the provisions relating to post retire ment benefit adjustments; to change the employee membership con tribution rate; to make a legislative determination; to provide for retire ment allowances and other provisions applicable to persons who first or again become employees and members of the Employees' Retirement System on or after July 1, 1982; to provide for employee membership contributions; to provide for employer contributions; to provide for op tional elections; to specify provisions of the "Employees' Retirement System Act" which are not applicable to certain members; to provide that members shall have and be subject to all other rights, privileges, obligations, and duties specified by other provisions of the "Employees' Retirement System Act"; to provide that certain parts of this Act do not apply to certain members; to provide that certain members may elect specific benefits provided by the Employees' Retirement System; to pro vide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other pur poses.

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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 striking paragraph (e) of subsection (2) of Section 5, which reads as follows:
"(e) On a date to be established by the Board of Trustees but not before April 1, 1967, the Board is hereby authorized to adopt a method of providing for postretirement benefit adjustments for the purpose of maintaining essentially no less purchasing power for a beneficiary in his postretirement years. Such method of adjustment shall be based upon:
(1) A recommendation of the Board's Actuaries.
(2) Maintaining the actuarial soundness of the System.
(3) Its application to the retirement income of any beneficiary retiring on or after the adoption of such method by the Board of Trustees.
(4) Any additional contribution by the member to be in an amount not to exceed one-fourth of one percent of his monthly earnable compensation.
The above provisions as provided in this paragraph shall be ap plicable to those beneficiaries retiring prior to April 1, 1967.'',
in its entirety and substituting in lieu thereof a new paragraph (e) to read as follows:
"(e) Except as hereinafter provided in this paragraph, the Board of Trustees may not grant cost-of-living benefit adjustments to beneficiaries under this Act other than to persons, hereinafter refer red to as Section 15B beneficiaries, receiving benefits under Section 15B of this Act as provided by subsection (6) of said Section 15B. Beginning July 1, 1982, for each beneficiary under this Act, other than Section 15B beneficiaries, the Board of Trustees shall maintain a record of the loss of purchasing power of each such beneficiary as measured by the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average. On July 1 of each year, beginning July 1, 1983, the Board of Trustees shall convert the pur chasing power lost by a beneficiary during the immediately preceding 12 months' period to a dollar amount, and the amount so determined shall be deducted, for the purposes of the records provided for above, from the benefit being paid, with each such deduction being cumulative of the previous ones. When, by loss of purchasing power calculated as provided above, the benefit of the beneficiary is reducted to an amount equivalent to the benefit which would be

FRIDAY, MARCH 26, 1982

3419

payable under Section 15B for the same amount of creditable service, the cost-of-living adjustments provided for by subsection (6) of Section 15B shall be applicable to the beneficiary in the same manner as beneficiaries receiving benefits under Section 15B."
Section 2. Said Act is further amended by adding after paragraph (b) of subsection (8) of Section 8, a new paragraph (b. 1) to read as follows:
"(b.l) It is determined by the General Assembly of Georgia that an adjustment in the compensation of state employees is necessary to assure the future actuarial soundness of the Employees' Retirement System of Georgia, and to preserve and protect the fiscal integrity of the Employees' Retirement System so as to insure the future payment of retirement benefits and allowances to those entitled to same. Therefore, in addition to the employee membership contributions re quired by paragraph (b) above, from and after July 1, 1982, as an ad justment in compensation, each employer shall cause to be deducted from the earnable compensation of each member for each and every payroll period an additional one percent of such earnable compensa tion. This additional one percent deducted from the earnable compen sation of members shall be paid monthly to the Board of Trustees and shall be credited to the individual accounts of the members in the an nuity savings fund. This paragraph shall not be construed and is not intended so as to have any effect whatsoever on any amounts of con tributions paid to any retirement system other than the Employees' Retirement System of Georgia."
Section 3. Said Act is further amended by adding immediately following Section ISA a new Section 15B to read as follows:
"Section 15B. (1) Except where indicated clearly to the contrary by the context, the word "member' as used in this section shall mean any employee who first or again becomes a member of the Employees' Retirement System of Georgia on or after July 1, 1982, From and after July 1, 1982, every person first or again becoming an employee entitled to a new membership in the Employees' Retire ment System of Georgia shall become a member subject to this sec tion.
(2) Every member subject to this section shall, upon becoming eligible under the provisions of the Employees' Retirement System Act, be entitled to a service retirement allowance, which shall consist of:
(a) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and
(b) An annual pension which, together with the annuity, shall provide a total retirement allowance equal to 1.5 percent of the member's average final compensation over the eight consecutive calendar quarters of creditable service producing the highest such average, multiplied by the number of his years of creditable service.

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The calculation of retirement benefits or allowances for any other form or type of retirement shall also be based upon the foregoing method of calculation. For the purposes of the foregoing calculation, any increase or decrease in salary in excess of two five percent in creases or decreases during such eight consecutive calendar quarters shall be disregarded.
(3) From and after July 1, 1982, every member subject to this sec tion shall contribute employee membership contributions in the amount of 2 of one percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the Board of Trustees. Of the Vz of one percent deducted from the earn able compensation of members, V4 of one percent shall be credited to the individual accounts of the members in the annuity savings fund and the remaining V4 of one percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor. In the event a member is not covered by group term life insurance, the en tire l/2 of one percent deducted from the member's earnable compen sation shall be credited to his individual account in the annuity sav ings fund.
(4) From and after July 1, 1982, each employer shall pay monthly to the Board of Trustees, on behalf and to the credit of each member subject to this section, employer contributions in an amount equal to the aggregate amount of employer contributions plus employee con tributions made by the employer as required by the Employees' Retirement System Act for and on behalf of persons within the membership of the Employees' Retirement System who are not sub ject to this section. With respect to members subject to this section, none of these employer contributions shall be considered as ac cumulated contributions of the member and none shall be eligible for withdrawal by the member upon cessation of State service.
(5) Membership under this section shall be optional for any per sons who are within the membership of the Employees' Retirement System on June 30, 1982. Any such persons may elect in writing on a form to be provided by the Board of Trustees to become a member subject to this section at any time on or after July 1, 1982. This writ ten.election shall be final and cannot be later changed or rescinded. Upon such election, a member shall be subject to all the provisions, terms and conditions of this section. Provided, however, that the calculation to determine retirement allowances for any person exer cising such option shall be made as follows: (1) the retirement allowance shall be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this section; (2) then, the retirement allowance shall also be computed ful ly as if all creditable service of the member were acquired and calculated under the provisions of the Employees' Retirement System Act and the rules and regulations of the Board of Trustees contained other than in this section; (3) then, a benefit amount shall be deter mined based upon a fractional part of each retirement allowance com puted in steps (1) and (2), which fractional part shall be computed by using the actual years of creditable service established under either

FRIDAY, MARCH 26, 1982

3421

this section, for step (1), or the provisions of the Employees' Retire ment System Act contained other than in this section, for step (2), which number of years shall be the numerator of the fraction, over the actual years of creditable service established under both this sec tion and the provisions of the Employees' Retirement System Act con tained other than in this section which number shall be the denominator of the fraction; and (4) the two benefit amounts so deter mined shall then be added together to produce the actual retirement allowance. If a member is otherwise eligible for projected years in ser vice, and unless same is made inapplicable by the conditions in subsection (7) of this section, projected years of service used in the determination of retirement benefits for death, disability, involuntary separation, or retirement with 34 years of service, shall be used in the computation of the retirement allowances under the foregoing steps (1) and (2). However, projected years of service used in such benefits computations shall not be used in determining the fractional part or allocation of the benefit amount described in foregoing step (3).
(6) If the General Assembly appropriates funds specifically for the purposes of this subsection, the Board of Trustees shall be authorized to grant cost-of-living benefit adjustments to a person, or a person's beneficiary, who is receiving benefits under this section. Subject to the limitations of the amount of funds appropriated by the General Assembly for the purposes of this subsection, such cost-ofliving benefit adjustments shall be in an amount necessary to main tain essentially the same purchasing power of a beneficiary during the postretirement years, based on the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average.
(7) Members subject to this section shall be subject to the follow ing conditions:
(a) The provisions of subsection (11) of Section 5 of the Employees' Retirement System Act, as amended, shall not be ap plicable to members subject to this section;
(b) No service shall constitute creditable service except member ship service for which the full rate of employee membership contribu tions and employer contributions is made pursuant to subsections (3) and (4) of this section; and
(c) The provisions of the last two paragraphs of subsection (1) of Section 4 of the Employees' Retirement System Act, as amended, shall not be applicable to members subject to this section.
(8) All members subject to this section shall have and be subject to all other rights, privileges, obligations and duties specified by other provisions of the Employees' Retirement System Act, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this section.
(9) This section shall not be construed and is not intended so as to have any effect whatsoever on persons within the membership of the Employees' Retirement System of Georgia on June 30, 1982, who do not elect in writing to become members subject to this section.

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(10) Members subject to this section who would otherwise be eligible because of mandatory retirement to elect a minimum monthly retirement benefit pursuant to subsection (b) of Section 15 or subsec tion jb) of Section ISA of the Employees' Retirement System Act shall have the right to elect the minimum monthly retirement benefit pro vided therein. Members subject to this section who would otherwise be eligible to elect a minimum monthly disability retirement benefit pursuant to the provisions of paragraph (b) of subsection (3) of Section 5 of the Employees' Retirement System Act shall have the right to elect the minimum monthly disability retirement benefit provided therein for disability in the line of duty. Nothing in this section shall be construed so as to prevent members who would otherwise be eligi ble to elect membership under the provisions of Section 19 of the Employees' Retirement System Act from electing membership under the provisions of Section 19 of that Act."
Part 2
Section 4. Chapter 2 of Title 47 of the Official Code of Georgia An notated, relating to the Employees' Retirement System of Georgia, is amended by striking Code Section 47-2-29, which reads as follows:
"47-2-29. On a date to be established by the board of trustees, but not before April 1, 1967, the board of trustees is authorized to adopt a method of providing for postretirement benefit adjustments for the purpose of maintaining essentially no less purchasing power for a beneficiary in his postretirement years. Such method shall be based upon:
(1) Recommendation of the actuary for the board of trustees;
(2) Maintaining the actuarial soundness of the retirement system;
(3) Its application to the retirement income of members retiring on or after the adoption of such method by the board of trustees; and
(4) Any additional contribution by the member in an amount not to exceed one-fourth of 1 percent of his monthly earnable compensa tion.
This Code section shall also be applicable to those members retir ing before April 1, 1967."
in its entirety and substituting in lieu thereof a new Code Section 47-2-29 to read as follows:
"47-2-29. Except as hereinafter provided in this Code section, the board of trustees may not grant cost-of-living benefit adjustments to beneficiaries under this chapter other than to persons, hereinafter referred to as Code Section 47-2-334 beneficiaries, receiving benefits under Code Section 47-2-334 of this chapter as provided by subsection (f) of said Code Section 47-2-334. Beginning July 1, 1982, for each beneficiary under this chapter, other than Code Section 47-2-334 beneficiaries, the board of trustees shall maintain a record of the loss

FRIDAY, MARCH 26, 1982

3423

of purchasing power of each such beneficiary as measured by the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average. On July 1 of each year, beginning July 1, 1983, the board of trustees shall convert the purchasing power lost by a beneficiary during the immediately preceding 12 months' period to a dollar amount, and the amount so determined shall be deducted, for the purposes of the records provided for above, from the benefit being paid, with each such deduction being cumulative of the previous ones. When, by loss of purchasing power calculated as provided above, the benefit of the beneficiary is reduced to an amount equivalent to the benefit which would be payable under Code Section 47-2-334 for the same amount of creditable service, the cost-of-living adjustments provided for by subsection (f) of Code Section 47-2-334 shall be applicable to the beneficiary in the same manner as beneficiaries receiving benefits under Code Section 47-2-334."
Section 5. Said chapter is further amended by adding at the end of Code Section 47-2-54 a new subsection (i) to read as follows:
"(i) It is determined by the General Assembly of Georgia that an adjustment in the compensation of state employees is necessary to assure the future actuarial soundness of the Employees' Retirement System of Georgia and to preserve and protect the fiscal integrity of the Employees' Retirement System so as to ensure the future payment of retirement benefits and allowances to those entitled to same. Therefore, in addition to the employee membership contributions re quired by subsections (b) and (c) of this Code section, from and after July 1, 1982, as an adjustment in compensation, each employer shall cause to be deducted from the earnable compensation of each member for each and every payroll period an additional 1 percent of such earnable compensation. This additional 1 percent deducted from the earnable compensation of members shall be paid monthly to the board of trustees and shall be credited to the individual accounts of the members in the annuity savings fund. This subsection shall not be construed and is not intended so as to have any effect whatsoever on any amounts of contributions paid to any retirement system other than the Employees' Retirement System of Georgia."
Section 6. Said chapter is further amended by adding at the end thereof a new Code section, to be designated Code Section 47-2-334, to read as follows:
"47-2-334. (a) Except where indicated clearly to the contrary by the context, the word 'member' as used in this Code section shall mean any employee who first or again becomes a member of the Employees' Retirement System of Georgia on or after July 1, 1982. From and after July 1, 1982, every person first or again becoming an employee entitled to a new membership in the Employees' Retire ment System of Georgia shall become a member subject to this Code section.

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(b) Every member subject to this Code section shall, upon becom ing eligible under the provisions of this chapter, be entitled to a ser vice retirement allowance, which shall consist of:
(1) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and
(2) An annual pension which, together with the annuity, shall pro vide a total retirement allowance equal to 1.5 percent of the member's average final compensation over the eight consecutive calendar quarters of creditable service producing the highest such average, multiplied by the number of his years of creditable service.
The calculation of retirement benefits or allowances for any other form or type of retirement shall also be based upon the foregoing method of calculation. For the purposes of the foregoing calculation, any increase or decrease in salary in excess of two 5 percent increases or decreases during such eight consecutive calendar quarters shall be disregarded.
(c) From and after July 1, 1982, every member subject to this Code section shall contribute employee membership contributions in the amount of one-half of 1 percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the board of trustees. Of the one-half of 1 percent deducted from the earnable compensation of members, one-fourth of 1 percent shall be credited to the individual accounts of the members in the annuity savings fund and the remaining one-fourth of 1 percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor. In the event a member is not covered by group term life insurance, the entire one-half of 1 percent deducted from the member's earnable compensation shall be credited to his individual account in the annuity savings fund.
(d) From and after July 1, 1982, each employer shall pay monthly to the board of trustees, on behalf and to the credit of each member subject to this Code section, employer contributions in an amount equal to the aggregate amount of employer contributions plus employee contributions made by the employer as required by this chapter for and on behalf of persons within the membership of the Employees' Retirement System who are not subject to this Code sec tion. With respect to members subject to this Code section, none of these employer contributions shall be considered as accumulated con tributions of the member and none shall be eligible for withdrawal by the member upon cessation of state service.
(e) Membership under this Code section shall be optional for any persons who are within the membership of the Employees' Retire ment System on June 30, 1982. Any such persons may elect in writing on a form to be provided by the board of trustees to become a member subject to this Code section at any time on or after July 1, 1982. This written election shall be final and cannot be later changed or rescind ed. Upon such election, a member shall be subject to all the provi-

FRIDAY, MARCH 26, 1982

3425

sions, terms, and conditions of this Code section; provided, however, that the calculation to determine retirement allowances for any per son exercising such option shall be made as follows:
(1) The retirement allowance shall be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this Code section;
(2) Then the retirement allowance shall also be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this chapter and the rules and regulations of the board of trustees contained other than in this Code section;
(3) Then, a benefit amount shall be determined based upon a frac tional part of each retirement allowance computed in steps (1) and (2), which fractional part shall be computed by using the actual years of creditable service established under either this Code section, for step (1), or the provisions of this chapter contained other than in this Code section, for step (2), which number of years shall be the numerator of the fraction, over the total actual years of creditable service establish ed under both this Code section and the provisions of this chapter con tained other than in this Code section, which number shall be the denominator of the fraction;
(4) The two benefit amounts so determined shall then be added together to produce the actual retirement allowance; and
(5) If a member is otherwise eligible for projected years in service, and unless same is made inapplicable by the conditions in subsection (g) of this Code section, projected years of service used in the deter mination of retirement benefits for death, disability, involuntary separation, or retirement with 34 years of service, shall be used in the computation of the retirement allowances under the foregoing steps (1) and (2). However, projected years of service used in such benefits computations shall not be used in determining the fractional part or allocation of the benefit amount described in foregoing step (3).
(f) If the General Assembly appropriates funds specifically for the purposes of this subsection, the board of trustees shall be authorized to grant cost-of-living benefit adjustments to a person, or a person's beneficiary, who is receiving benefits under this Code section. Subject to the limitations of the amount of funds appropriated by the General Assembly for the purposes of this subsection, such cost-of-living benefit adjustments shall be in an amount necessary to maintain essentially the same purchasing power of a beneficiary during the postretirement years, based on the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average.
(g) Members subject to this Code section shall be subject to the following conditions:
(1) The provisions of subsection (d) of Code Section 47-2-120 shall not be applicable to members subject to this Code section;

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(2) No service shall constitute creditable service except member ship service for which the full rate of employee membership contribu tions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and
(3) The provisions of subsections (a) and jb) of Code Section 47-2-91 shall not be applicable to members subject to this Code sec tion.
(h) All members subject to this Code section shall have and be subject to all other rights, privileges, obligations and duties specified by other provisions of this chapter, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this Code section.
(i) This Code section shall not be construed and is not intended so as to have any effect whatsoever on persons within the membership of the Employees' Retirement System of Georgia on June 30, 1982, who do not elect in writing to become members subject to this Code section.
(j) Members subject to this Code section who would otherwise be eligible because of mandatory retirement to elect a minimum monthly retirement benefit pursuant to subsection jb) of Code Section 47-2-224 shall have the right to elect the minimum monthly retirement benefit provided therein. Members subject to this Code section who would otherwise be eligible to elect a minimum monthly disability retire ment benefit pursuant to the provisions of subsection (c) of Code Sec tion 47-2-221 shall have the right to elect the minimum monthly disability retirement benefit provided therein for disability in the line of duty. Nothing in this Code section shall be construed so as to pre vent members who would otherwise be eligible to elect membership under the provisions of Code Section 47-2-244 from electing member ship under the provisions of Code Section 47-2-244.''
Parts
Section 7. 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 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.

FRIDAY, MARCH 26, 1982

3427

Section 9. 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 22, 1982

SUBJECT: Fiscal Note-House Bill 1315 (Substitute) (LC 7 4993S) Employees' Retirement System (ERS)

This substitute Bill would change required employee contributions and cost-of-living adjustments for current ERS members and establish a new plan of benefits for persons becoming members of ERS on or after July 1, 1982. Current ERS members would be required to contribute an additional 1% of their earnable compensation to ERS after July 1, 1982. Cost-of-living adjustments to beneficiaries under the current ERS plan would not be granted unless inflation (as measured by the Consumer Price Index) reduced the purchasing power of their benefits to the level of benefits they would have received under the new plan. The major pro visions of the new retirement plan are described in the following
paragraphs.

1. Benefits would be equal to 1.5% of members' average final com pensation times the number of years of creditable service (assuming the maximum benefit option is chosen).

2. Employee contributions made by the employer would not be in cluded in the calculation of average final compensation and would not be refundable to members who withdraw from ERS.

3. Only regular membership service would be allowed in computing retirement benefits (i.e. no credit for military or other prior service).

4. No service credit would be allowed for forfeited leave.

5. The "34 years and out" provision would not apply to members under the new plan.

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6. Cost-of-living adjustments would be made from funds ap propriated by the General Assembly.

Current ERS members could elect to participate in the new plan. Retirement benefits for persons transferring to the new plan would con sist of a portion of the benefits they would have received had they re mained under the current plan plus a portion of the benefits they would have received had they rendered all service under the new plan. Law en forcement personnel covered under the new plan would be allowed to elect to receive the disability retirement benefits provided under the cur rent ERS plan. Certain law enforcement personnel within the Depart ments of Revenue and Natural Resources would also be allowed to elect to receive the early retirement benefits available under the current ERS plan. Appellate court judges would continue to be allowed to elect op tional benefits or regular ERS membership.

The savings that would result from this Bill will depend on the number of current ERS members who elect to transfer to the new plan. The actuary for ERS has determined that this Bill would result in a 1.13% reduction in the employer contribution if no present members elect to transfer but that a 4.05% reductioh could occur if all present members elect to transfer. Given the fiscal year 1983 estimated payroll of $753,000,000 covered by ERS, this Bill would result in a savings of from $8.5 to $30.5 million for fiscal year 1983. Savings in future years would depend on the number of employees under the new plan and changes in the amount of the ERS covered payroll. The savings to be realized from reduced cost-of-living adjustments for current plan members cannot be
determined since the adjustments they would have otherwise received is not known. Similarly, the savings ERS would realize through General Assembly funding of cost-of-living adjustments cannot be determined.

Is/ W. M. Nixon State Auditor

I si C. T. Stevens, Director Office of Planning and Budget

Senator Starr of the 44th offered the following substitute to HB 1315:
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 change the employee membership contribu tion rate; to make a legislative determination; to provide for retirement allowances and other provisions applicable to persons who first or again become employees and members of the Employees' Retirement System on or after July 1, 1982; to provide for employee membership contribu tions; to provide for employer contributions; to provide for optional elec tions; to specify provisions of the "Employees' Retirement System Act" which are not applicable to certain members; to provide that members shall have and be subject to all other rights, privileges, obligations, and

FRIDAY, MARCH 26, 1982

3429

duties specified by other provisions of the "Employees' Retirement System Act"; to provide that certain parts of this Act do not apply to cer tain members; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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 after paragraph (b) of subsection (8) of Section 8, a new paragraph jb. 1) to read as follows:
"(b.l) It is determined by the General Assembly of Georgia that an adjustment in the compensation of state employees is necessary to assure the future actuarial soundness of the Employees' Retirement System of Georgia, and to preserve and protect the fiscal integrity of the Employees' Retirement System so as to insure the future payment of retirement benefits and allowances to those entitled to same. Therefore, in addition to the employee membership contributions re quired by paragraph (b) above, from and after July 1, 1982, as an ad justment in compensation, each employer shall cause to be deducted from the earnable compensation of each member for each and every payroll period an additional one percent of such earnable compensa tion. This additional one percent deducted from the earnable compen sation of members shall be paid monthly to the Board of Trustees and shall be credited to the individual accounts of the members in the an nuity savings fund. This paragraph shall not be construed and is not intended so as to have any effect whatsoever on any amounts of con tributions paid to any retirement system other than the Employees' Retirement System of Georgia."
Section 2. Said Act is further amended by adding immediately following Section ISA a new Section 15B to read as follows:
"Section 15B. (1) Except where indicated clearly to the contrary by the context, the word 'member' as used in this section shall mean any employee who first or again becomes a member of the Employees' Retirement System of Georgia on or after July 1, 1982. From and after July 1, 1982, every person first or again becoming an employee entitled to a new membership in the Employees' Retire ment System of Georgia shall become a member subject to this sec tion.
(2) Every member subject to this section shall, upon becoming eligible under the provisions of the Employees' Retirement System Act, be entitled to a service retirement allowance, which shall consist of:
(a) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and

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(b) An annual pension which, together with the annuity, shall pro vide a total retirement allowance equal to 1.5 percent of the member's average final compensation over the eight consecutive calendar quarters of creditable service producing the highest such average, multiplied by the number of his years of creditable service.
The calculation of retirement benefits or allowances for any other form or type of retirement shall also be based upon the foregoing method of calculation. For the purposes of the foregoing calculation, any increase or decrease in salary in excess of two five percent in creases or decreases during such eight consecutive calendar quarters shall be disregarded.
(3) From and after July 1, 1982, every member subject to this sec tion shall contribute employee membership contributions in the amount of Yz of one percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the Board of Trustees. Of the Yz of one percent deducted from the earn able compensation of members, V* of one percent shall be credited to the individual accounts of the members in the annuity savings fund and the remaining 1A of one percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor. In the event a member is not covered by group term life insurance, the en tire Yz of one percent deducted from the member's earnable compen sation shall be credited to his individal account in the annuity savings fund.
(4) From and after July 1, 1982, each employer shall pay monthly to the Board of Trustees, on behalf and to the credit of each member subject to this section, employer contributions in an amount equal to the aggregate amount of employer contributions plus employee con tributions made by the employer as required by the Employees' Retirement System Act for and on behalf of persons within the membership of the Employees' Retirement System who are not sub ject to this section. With respect to members subject to this section, none of these employer contributions shall be considered as ac cumulated contributions of the member and none shall be eligible for withdrawal by the member upon cessation of State service.
(5) Membership under this section shall be optional for any per sons who are within the membership of the Employees' Retirement System on June 30, 1982. Any such persons may elect in writing on a form to be provided by the Board of Trustees to become a member subject to this section at any time on or after July 1, 1982. This written election shall be final and cannot be later changed or rescinded. Upon such election, a member shall be subject to all the provisions, terms and conditions of this section. Provided, however, that the calculation to determine retirement allowances for any person exercising such option shall be made as follows: (1) the retirement allowance shall be computed fully as if all creditable service of the member were ac quired and calculated under the provisions of this section; (2) then, the retirement allowance shall also be computed fully as if all creditable service of the member were acquired and calculated under

FRIDAY, MARCH 26, 1982

3431

the provisions of the Employees' Retirement System Act and the rules and regulations of the Board of Trustees contained other than in this section; (3) then, a benefit amount shall be determined based upon a fractional part of each retirement allowance computed in steps (1) and (2), which fractional part shall be computed by using the actual years of creditable service established under either this section, for step (1), or the provisions of the Employees' Retirement System Act contained other than in this section, for step (2), which number of years shall be the numerator of the fraction, over the actual years of creditable ser vice established under both this section and the provisions of the Employees' Retirement System Act contained other than in this sec tion which number shall be the denominator of the fraction; and (4) the two benefit amounts so determined shall then be added together to produce the actual retirement allowance. If a member is otherwise eligible for projected years in service, and unless same is made inap plicable by the conditions in subsection (6) of this section, projected years of service used in the determination of retirement benefits for death, disability, involuntary separation, or retirement with 34 years of service, shall be used in the computation of the retirement allowances under the foregoing steps (1) and (2). However, projected years of service used in such benefits computations shall not be used in determining the fractional part or allocation of the benefit amount described in foregoing step (3).
(6) Members subject to this section shall be subject to the follow ing conditions:
(a) The provisions of subsection (11) of Section 5 of the Employees' Retirement System Act, as amended, shall not be ap plicable to members subject to this section;
(b) No service shall constitute creditable service except member ship service for which the full rate of employee membership contribu tions and employer contributions is made pursuant to subsections (3) and (4) of this section; and
(c) The provisions of the last two paragraphs of subsection (1) of Section 4 of the Employees' Retirement System Act, as amended, shall not be applicable to members subject to this section.
(7) All members subject to this section shall have and be subject to all other rights, privileges, obligations and duties specified by other provisions of the Employees' Retirement System Act, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this section.
(8) This section shall not be construed and is not intended so as to have any effect whatsoever on persons within the membership of the Employees' Retirement System of Georgia on June 30, 1982, who do not elect in writing to become members subject to this section."

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Part 2
Section 3. Chapter 2 of Title 47 of the Official Code of Georgia An notated, relating to the Employees' Retirement System of Georgia, is amended by adding at the end of Code Section 47-2-54 a new subsection (i) to read as follows:
"(i) It is determined by the General Assembly of Georgia that an adjustment in the compensation of state employees is necessary to assure the future acturial soundness of the Employees' Retirement System of Georgia and to preserve and protect the fiscal integrity of the Employees' Retirement System so as to ensure the future payment of retirement benefits and allowances to those entitled to same. Therefore, in addition to the employee membership contributions re quired by subsections (b) and (c) of this Code section, from and after July 1, 1982, as an adjustment in compensation, each employer shall cause to be deducted from the earnable compensation of each member for each and every payroll period an additional 1 percent of such earnable compensation. This additional 1 percent deducted from the earnable compensation of members shall be paid monthly to the board of trustees and shall be credited to the individual accounts of the members in the annuity savings fund. This subsection shall not be construed and is not intended so as to have any effect whatsoever on any amounts of contributions paid to any retirement system other than the Employees' Retirement System of Georgia."
Section 4. Said chapter is further amended by adding at the end thereof a new Code section, to be designated Code Section 47-2-334, to read as follows:
"47-2-334. (a) Except where indicated clearly to the contrary by the context, the word 'member' as used in this Code section shall mean any employee who first or again becomes a member of the Employees' Retirement System of Georgia on or after July 1, 1982. From and after July 1, 1982, every person first or again becoming an employee entitled to a new membership in the Employees' Retire ment System of Georgia shall become a member subject to this Code section.
(b) Every member subject to this Code section shall, upon becom ing eligible under the provisions of this chapter, be entitled to a ser vice retirement allowance, which shall consist of:
(1) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and
(2) An annual pension which, together with the annuity, shall pro vide a total retirement allowance equal to 1.5 percent of the member's average final compensation over the eight consecutive calendar quarters of creditable service producing the highest such average, multiplied by the number of his years of creditable service.
The calculation of retirement benefits or allowances for any other form or type of retirement shall also be based upon the foregoing method of calculation. For the purposes of the foregoing calculation,

FRIDAY, MARCH 26, 1982

3433

any increase or decrease in salary in excess of two 5 percent increases or decreases during such eight consecutive calendar quarters shall be disregarded.
(c) From and after July 1, 1982, every member subject to this Code section shall contribute employee membership contributions in the amount of one-half of 1 percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the board of trustees. Of the one-half of 1 percent deducted from the earnable compensation of members, one-fourth of 1 percent shall be credited to the individual accounts of the members in the annuity savings fund and the remaining one-fourth of 1 percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor. In the event a member is not covered by group term life insurance, the entire one-half of 1 percent deducted from the member's earnable compensation shall be credited to his individual account in the annuity savings fund.
(d) From and after July 1, 1982, each employer shall pay monthly to the board of trustees, on behalf and to the credit of each member subject to this Code section, employer contributions in an amount equal to the aggregate amount of employer contributions plus employee contributions made by the employer as required by this chapter for and on behalf of persons within the membership of the Employees' Retirement System who are not subject to this Code sec tion. With respect to members subject to this Code section, none of these employer contributions shall be considered as accumulated con tributions of the member and none shall be eligible for withdrawal by the member upon cessation of state service.
(e) Membership under this Code section shall be optional for any persons who are within the membership of the Employees' Retire ment System on June 30, 1982. Any such persons may elect in writing on a form to be provided by the board of trustees to become a member subject to this Code section at any time on or after July 1, 1982. This written election shall be final and cannot be later changed or rescind ed. Upon such election, a member shall be subject to all the provi sions, terms, and conditions of this Code section; provided, however, that the calculation to determine retirement allowances for any per son exercising such option shall be made as follows:
(1) The retirement allowance shall be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this Code section;
(2) Then the retirement allowance shall also be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this chapter and the rules and regulations of the board of trustees contained other than in this Code section;
(3) Then, a benefit amount shall be determined based upon a frac tional part of each retirement allowance computed in steps (1) and (2), which fractional part shall be computed by using the actual years of creditable service established under either this Code section, for step

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(1), or the provisions of this chapter contained other than in this Code section, for step (2), which number of years shall be the numerator of the fraction, over the total actual years of creditable service establish ed under both this Code section and the provisions of this chapter con tained other than in this Code section, which number shall be the denominator of the fraction;
(4) The two benefit amounts so determined shall then be added together to produce the actual retirement allowance; and
(5) If a member is otherwise eligible for projected years in service, and unless same is made inapplicable by the conditions in subsection (f) of this Code section, projected years of service used in the deter mination of retirement benefits for death, disability, involuntary separation, or retirement with 34 years of service, shall be used in the computation of the retirement allowances under the foregoing steps (1) and (2). However, projected years of service used in such benefits computations shall not be used in determining the fractional part or allocation of the benefit amount described in foregoing step (3).
(f) Members subject to this Code section shall be subject to the following conditions:
(1) The provisions of subsection (d) of Code Section 47-2-120 shall not be applicable to members subject to this Code section;
(2) No service shall constitute creditable service except member ship service for which the full rate of employee membership contribu tions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and
(3) The provisions of subsections (a) and jb) of Code Section 47-2-91 shall not be applicable to members subject to this Code sec tion.
(g) All members subject to this Code section shall have and be sub ject to all other rights, privileges, obligations and duties specified by other provisions of this chapter, and all such other provisions shall be of full force and effect with respect to any matter not specifically pro vided for in this Code section.
(h) This Code section shall not be construed and is not intended so as to have any effect whatsoever on persons within the membership of the Employees' Retirement System of Georgia on June 30, 1982, who do not elect in writing to become members subject to this Code section."
Parts
Section 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional

FRIDAY, MARCH 26, 1982

3435

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 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.

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 23, 1982

SUBJECT: Fiscal Note--House Bill 1315 (Substitute) (EC 1 0234S) Employees' Retirement System (ERS)

This substitute Bill would increase the required employer contribu tion for current ERS members and establish a new plan of benefits for persons becoming members of ERS on or after July 1, 1982. Current ERS members would be required to contribute an additional 1% of their earnable compensation to ERS after July 1, 1982. The major provisions of the new retirement plan are described in the following paragraphs.

1. Benefits would be equal to 1.5% of members' average final com pensation times the number of years of creditable service (assuming the maximum benefit option is chosen).

2. Employee contributions made by the employer would not be in cluded in the calculation of average final compensation and would not be refundable to members who withdraw from ERS.

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3. Only regular membership service would be allowed in computing retirement benefits (i.e. no credit for military or other prior service).

4. No service credit would be allowed for forfeited leave.

5. The "34 years and out" provision would not apply to members under the new plan.

Current ERS members could elect to participate in the new plan. Retirement benefits for persons transferring to the new plan would con sist of a portion of the benefits they would have received had they re mained under the current plan plus a portion of the benefits they would have received had they rendered all service under the new plan.

The actuary for ERS has estimated that this Bill would result in a reduction in the employer contribution rate of 1.13% in the first year. Given the fiscal year 1983 estimated payroll of $753,000,000 covered by ERS, this Bill would result in a savings of $8.5 million in fiscal year 1983. Savings in future years will depend on the number of employees under the new plan and changes in the ERS covered payroll.

W. M. Nixon State Auditor

C. T. Stevens, Director Office of Planning and Budget

On the adoption of the substitute to HB 1315 offered by the Senate Committee on Retirement, the yeas were 0, nays 45, and the committee substitute was lost.
On the adoption of the substitute offered by Senator Starr of the 44th, the yeas were 48, nays 3, 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
Bell Brannon Brantley
Broun of 46th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

Evans
Fincher of 52nd Fincher of 54th Foster
Gillis Greene Holloway Horton Howard Land McGill McKenzie

Robinson
Scott Starr Stumbaugh
Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker

FRIDAY, MARCH 26, 1982

Those voting in the negative were Senators:

Ballard Barker Barnes Bond Bowen Brown of 47th
English

Engram Garner Hill Hudgins Hudson Kennedy

Kidd Lester Littlefield Stephens Tate Wessels

Not voting was Senator Reynolds.

3437

On the passage of the bill, the yeas were 36, 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 HB 1315.
The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 563. By Representative Crosby of the 150th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the board of commissioners of Ware County to create the office of county manager, appoint and remove the county manager, fix his compensation, and prescribe his duties, powers, and responsibilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section I, Paragraph VI of the Constitution is amended by adding at the end thereof the following:
"The board of commissioners of Ware County is authorized to create the office of county manager, appoint and remove the county manager, fix his compensation, and prescribe his duties, powers, and responsibilities by local ordinance or resolution."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the board of commissioners of Ware County to create the of-
[ ] NO fice of county manager, appoint and remove the county manager, fix his compensation, and prescribe his duties, powers, and responsibilities by local ordinance or resolu tion?"
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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Those not voting were Senators:

Barnes Bell

Fincher of 52nd Reynolds

Littlefield McGill McKenzie Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Robinson Scott

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.

FRIDAY, MARCH 26, 1982

3439

HR 626. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:

A RESOLUTION
Proposing an amendment to the Constitution so as to limit, with cer tain exceptions, increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purpose being established as calendar year 1981; 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:
"For the purposes of this paragraph 'ad valorem taxes' means ad valorem taxes levied by Whitfield County for all purposes except ad valorem taxes levied for the Whitfield County school district and ad valorem taxes levied for bonded indebtedness. Except as hereinafter provided, ad valorem taxes levied by Whitfield County for any calen dar year shall be limited to a tax millage rate which will produce an amount of revenue equal to the amount of revenue produced by the ad valorem tax millage rate levied by Whitfield County for calendar year 1981, plus an increase in such amount not exceeding 5 percent for any single calendar year with such maximum increase computed on the basis of the revenue produced during the immediately preceding calendar year. In the event the revenue produced by ad valorem taxes levied by Whitfield County for calendar year 1982 ex ceeded the limitation provided for above if this paragraph had been in effect for calendar year 1982, then ad valorem taxes levied by Whit field County for calendar year 1983 shall be further limited so that the total revenue produced by ad valorem taxes levied by Whitfield Coun ty in calendar year 1982 and calendar year 1983 shall not exceed the amount of revenue which would have been allowed to be produced had this paragraph been in effect for calendar year 1982. The limita tion on ad valorem taxes provided for above may be modified by growth to the net tax digest of Whitfield County but only in the man ner hereinafter provided. For any calendar year, the governing authority of Whitfield County may set the ad valorem tax millage rate within the limitation provided for above based on the assumption that the net tax digest for the current year is the same dollar amount as the net tax digest for the immediately preceding year. The revenues pro duced by the application of such millage rate to actual growth in the net tax digest in the current year over the immediately preceding year may be added to the 5 percent limitation provided for above. For the purposes of the foregoing sentences, 'growth in the net tax digest' means increases in the digest resulting only from the addition during a calendar year of property to the digest because of new construction, renovations, or other improvements to property, and the term

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specifically excludes growth in the net tax digest resulting from the reevaluation of property. The limitation on ad valorem taxes levied by Whitfield County provided for by this paragraph may be modified by local Act of the General Assembly, but no such local Act may become effective unless it is approved by a majority of the qualified electors of Whitfield County voting on the question of such modification."
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 limit, with cer tain exceptions, increases in ad valorem taxes levied by
[ ] NO Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purpose being established as calendar year 1981?"
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 HR 626:

A RESOLUTION
Proposing an amendment to the Constitution so as to limit the ad valorem tax millage rate set by the governing authority of Whitfield County to pay for the maintenance and operation of the county govern ment to one mill over the millage rate for calendar year 1982 or 2% mills, whichever is the greater rate, and to provide for the expiration of such limitation on the ad valorem tax millage rate after December 31, 1988, or on the date the joint county and municipal sales and use tax ceases to be levied in Whitfield County, whichever date is earlier; 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:
"For the purposes of this paragraph: (1) 'ad valorem taxes' means ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government, and said term shall not include

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ad valorem taxes levied for the Whitfield County School District, ad valorem taxes levied by Whitfield County to pay the principal and in terest on bonded indebtedness, and ad valorem taxes levied by Whit field County which are required under any contractual obligation of the county; and (2) 'ad valorem tax millage rate' means the annual ad valorem tax millage rate set by the governing authority of Whitfield County to pay for the maintenance and operation of the county government after deducting from such millage rate the millage re quired to be deducted by the joint county and municipal sales and use tax. For any calendar year, the ad valorem tax millage rate for Whit field County shall not exceed one mill over the ad valorem tax millage rate for said county for calendar year 1982 or 2Vi mills, whichever is the greater ad valorem tax millage rate. The ad valorem tax millage rate limitation provided for in this paragraph shall expire and shall be
null, void, and of no force and effect after December 31, 1988, or on the date the joint county and municipal sales and use tax ceases to be levied within Whitfield County, whichever date is earlier."

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 limit the ad valorem tax millage rate set by the governing authority of Whitfield County to pay for the maintenance and opera tion of the county government to one mill over the millage rate for calendar year 1982 or 2Vi mills, whichever is the greater rate, and to provide for the expiration of such limitation on the ad valorem tax millage rate after December 31, 1988, or on the date the joint county and municipal sales and use tax ceases to be levied in Whit field County, whichever date is earlier?"

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 50, 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.

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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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Bell

Fincher of 52nd Reynolds

Robinson Scott

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 by substitute.

HR 672. By Representative Smith of the 42nd:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide an in crease in the maximum income qualification for homestead exemptions from the city ad valorem taxation for resident homeowners in the City of Union City who are 65 years of age or older; 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 VII, Section I, Paragraph IV of the Constitution of the State of Georgia of 1976, as amended, is amended by deleting from that paragraph regarding homestead exemptions for aged, low-income

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residents of the City of Union City, Georgia (Ga. L. 1977, p. 1572) and ratified on November 7, 1978, the phrase "six thousand dollars ($6,000.00)" and inserting in lieu thereof the phrase "eight thousand dollars ($8,000.00)", so that said paragraph shall provide as follows:
"A homestead of each resident who is 65 years of age or older, with an annual income of eight thousand dollars ($8,000.00) or less in the City of Union City actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes in an amount of four thousand dollars ($4,000.00) of its value."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendmeht shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for an increase in the maximum income qualification from
[ ] NO $6,000.00 to $8,000.00 for homestead exemptions from ci ty ad valorem taxation for resident homeowners in the Ci ty of Union City who are 65 years of age or older?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman

Coverdell Deal Dean Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis Greene

Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

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McKenzie Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Trulock

Those not voting were Senators:

Barnes Bell

Fincher of 52nd Reynolds

Turner Tysinger Walker Wessels
Robinson Scott

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.
HR 701. By Representative Couch of the 43rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the amount of the homestead exemption from city ad valorem taxation 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 exemp tion 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; 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:
"A homestead of each resident under the age of 65 of the City of College Park actually occupied by the owner as a residence and a homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from city ad valorem taxes, ex cept taxes levied by said city for the payment of interest on and retire ment of bonded indebtedness, in the amount of $6,000.00 of its value.
A homestead of each resident who is totally disabled or is 65 years of age or older of the City of College Park actually occupied by the owner as a residence and homestead, but only so long as actually oc cupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes, except taxes levied by said city for the payment of interest and retirement of bonded indebtedness, in the amount of $8,000.00 of its value."

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Section 2. That certain amendment to Article VII, Section I, Paragraph IV of the Constitution which was ratified November 4, 1980, which is set forth in Georgia Laws 1980 pages 2144-2146, and which reads as follows:
"A homestead of each resident under the age of 65 of the City of College Park actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from city ad valorem taxes, ex cept taxes levied by said city for the payment of interest on and retire ment of bonded indebtedness, in an amount of four thousand dollars ($4,000.00) of its value.
A homestead of each resident who is totally disabled or is 65 years of age or older, of the City of College Park actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes, except taxes levied by said city for the payment of interest and retirement of bonded indebtedness, in an amount of six thousand dollars ($6,000.00) of its value.",
is repealed in its entirety.
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for a homestead exemption for resident homeowners of the Ci-
[ ] NO ty of College Park who are under age 65 in the amount of $6,000.00 and in the amount of $8,000.00 for such resi dent homeowners who are totally disabled or 65 years of age or older?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the 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

Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th

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Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis

Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

Those not voting were Senators:

Barnes Bell

Fincher of 52nd Reynolds

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Robinson Scott

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.

HR 718. By Representative Dean of the 29th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize, ratify, and affirm the creation by the General Assembly of a building authority of Fulton County; to authorize such authority to enter into cer tain contracts; to authorize the General Assembly to exempt the obliga tions, properties, activities, or income of such authority from taxation; to authorize the General Assembly to provide for the validation of any revenue obligation of such authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section VI, Paragraph I of the Constitution is amended by adding at the end thereof the following:
"The construction, acquisition, and development of such facilities as are deemed necessary for the efficient operation of governmental entities, agencies, and corporations is hereby declared to be a public purpose vital to the welfare of the people of this state and of Fulton County. The General Assembly may create a building authority of Fulton County to promote and further such purposes under such

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terms as it may deem necessary or appropriate, and the prior creation of said authority is hereby ratified, approved, and affirmed. Such authority may contract for any period not exceeding 50 years, with any person or entity of any kind whatsoever including, but not limited to, this state, or any other state, or the United States or any other na tion, or any authority, city, town, municipality, or county of this state or any other state or the United States or any other nation, or any public agency or public corporation or private person or entity (all such persons or entities being collectively referred to hereinafter as the 'contracting parties' and each being individually referred to as 'contracting party'), for the use by any such contracting party or the residents thereof of any facilities or services of said authority, provid ed that any such contract shall deal with such activities and transac tions as such person or entity is authorized to undertake. The General Assembly may exempt from taxation the obligations, properties, ac tivities, or income of said authority and may authorize the issuance of revenue obligations by said authority which shall not constitute an in debtedness of the state within the meaning of Section VII of this arti cle. Any action heretofore taken by the General Assembly to create the authority, to exempt from taxation the obligations, properties, ac tivities, or income of the authority, or to authorize the issuance of revenue obligations by the authority, or any or all of the foregoing, is hereby ratified, approved, and affirmed. Any authority authorized or ratified hereby may be continued in existence by local law or by ac tion of the governing authority of Fulton County in the same manner as is prescribed for the adoption of home rule amendments.
The General Assembly may provide for the validation of any revenue obligations authorized, such validation shall thereafter be in contestable and conclusive, and any such action heretofore taken by the General Assembly is hereby ratified and affirmed."
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, ratify, and affirm the creation of a building authority of
[ ] NO Fulton County, to authorize said authority to enter into certain contracts, to authorize the exemption of said authority's activities from taxation, and to authorize pro visions for validation of its obligations?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell
Deal Dean Eldridge English

Engram Evans
Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson
Kennedy Kidd Land Lester

Littlefield McGill
McKenzie Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner
Tysinger Walker Wessels

Those not voting were Senators:

Barnes Bell

Fincher of 52nd Reynolds

Robinson Scott

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.

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; 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

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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 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;

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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 City of Hapeville, Georgia, or his designated member from the City Council of the City of Hapeville.
(a) Qualifications. All persons who have resided within the limits of the City of Hapeville for at least six months shall be eligible for nomination to membership on the Authority.
(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

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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 word '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, 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.

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(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 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.

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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;
(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

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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 of any project from the proceeds of revenue bonds, notes or other obligations of the Authority or any other funds of the Authority, or from any 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;
(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 prop erty 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

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(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 bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the 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.

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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 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 by 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

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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 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 ap pertaining thereto, and the trustee under the trust indenture, if any,

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except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust in denture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel perfor mance of all duties required 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, 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.

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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 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,

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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 in consistent with any other provisions of this Constitution. The Authori ty 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.
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 agreements 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.

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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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Bell

Fincher of 52nd Reynolds

Robinson Scott

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 774. By Representative Bolster of the 30th: '
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law that exemptions from ad valorem taxation by Fulton County and the City of Atlanta for inven tories of certain goods may apply within urban enterprise zones established by the governing body of the City of Atlanta; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution is amended by adding immediately following that paragraph thereof which reads as follows:

"If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing with the next ensuing calendar year, otherwise such exemption may not be granted. Exemptions may only be revoked by a referendum election called and conducted as provid ed herein; provided, that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revoca tion of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum.",

a new paragraph to read as follows:

"For the purposes of ad valorem taxation by Fulton County and the City of Atlanta, including ad valorem taxes for educational pur poses but excluding ad valorem taxes for state purposes, the General Assembly may provide by local law that the exemptions applicable to inventories of certain goods, as provided for in the foregoing provi sions of this Constitution, may apply within urban enterprise zones established by the governing body of the City of Atlanta, and in con nection therewith, the General Assembly may classify different types of goods subject to such exemptions and may vary the rate or amount of such exemptions from one such classification to another within and without such urban enterprise zones."

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 law that exemptions from ad valorem taxation by Fulton County and the City of Atlanta for inventories of certain goods may apply within urban enterprises zones established by the govern ing body of the City of Atlanta?"

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.

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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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans
Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill
McKenzie Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Bell

Fincher of 52nd Reynolds

Robinson Scott

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.
HR 775. By Representative Bolster of the 30th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may enact legislation treating real property located in an urban enterprise zone as designated by the governing body of the City of Atlanta as a separate class of property in Fulton County and the City of Atlanta for the purposes of ad valorem taxes levied for city and county purposes; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end of said section a new paragraph to read as follows:
"Notwithstanding anything to the contrary contained in this paragraph, the General Assembly shall be authorized to enact legisla tion treating any or all real property located in an urban enterprise zone as designated by the governing body of the City of Atlanta as a separate class or classes of property from other tangible property located in Fulton County and the City of Atlanta for the purposes of ad valorem taxes levied for city and county purposes, and to adopt dif ferent rates, methods, or assessment dates for the taxation of such property."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I 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 may enact legislation treating real
[ ] NO property located in an urban enterprise zone as designated by the governing body of the City of Atlanta as a separate class of property in Fulton County and the City of Atlanta for the purposes of ad valorem taxes levied for city and county purposes?"
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 Bond Bowen
Brannon

Brantley
Broun of 46th Brown of 47th Bryant Cobb
Coleman

Coverdell
Deal Dean Eldridge English
Engram

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Evans Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins

Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Starr Stephens Stumbaugh

Those not voting were Senators:

Barnes Bell

Fincher of 52nd Reynolds

Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Robinson Scott

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.
HR 789. By Representatives Davis of the 45th, Widener of the 44th, Williams of the 48th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the amount of homestead exemption granted to residents of DeKalb County from DeKalb County and DeKalb County school district taxes to $10,000.00; 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 striking therefrom all language added by a constitutional amendment set out at Ga. L. 1978, p. 2519, and inserting in lieu thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of DeKalb County is granted an exemp tion from all DeKalb County and DeKalb County school district ad valorem taxes in the amount of $ 10,000.00 of the assessed value of the homestead owned and occupied by him within DeKalb County. For the purpose of DeKalb County and DeKalb County school district ad valorem taxes, the homestead exemption granted herein shall be in lieu of the basic homestead exemption of $2,000.00 granted by this Constitution; and the provisions of law relating to such basic homestead exemption shall comply to the homestead exemption

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granted by this paragraph, except as to amount. Except for such basic homestead exemption of $2,000.00, the homestead exemption granted by this paragraph shall be in addition to and cumulative of any other homestead exemption."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to change the amount of homestead exemption granted to residents of
[ ] NO DeKalb County from DeKalb County and DeKalb County school district taxes to $10,000.00?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against rati fying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

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Those not voting were Senators:

Barnes Bell

Fincher of 52nd Reynolds

Robinson Scott

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.

HR 793. By Representatives Childs of the 51st, Richardson of the 52nd, Steinberg of the 46th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on $20,000.00 of the value of the homestead owned and occupied by such resident; 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 therefrom that paragraph which reads as follows:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of the DeKalb County School District who is 62 years of age or over or who is disabled is hereby granted an ex emption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse and all other members of his family who also reside at and occupy such homestead, does not ex ceed $8,000.00 for the immediately preceding taxable year: Such ad justed gross income, as used herein, shall not include any Federal oldage, survivors or disability insurance benefits or any benefits under the Federal Railroad Retirement Act. Except for said Federal old-age, survivors or disability insurance benefits and benefits under said Federal Railroad Retirement Act, adjusted gross income, as used herein, shall include benefits received under a retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. In order to qualify for the exemption pro vided for herein as being disabled, the person claiming such exemp tion shall be required to obtain a certificate from not more than three

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physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners of the Code of Georgia, as now or hereafter amended, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent act ing in behalf of such resident, files an affidavit with the Tax Commis sioner of DeKalb County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Com missioner to make a determination as to whether such owner is entitl ed to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemp tions, as the same now exists or may hereafter be amended, shall ap ply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and cer tificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead ex emption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. The General Assembly may provide by law for the proper administration of this exemption, including penalties necesssary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31,1978.",
and substituting in lieu thereof the following paragraph:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of the DeKalb County School District who is 62 years of age or over or who is disabled is granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse and all other members of his family who also reside at and occupy such homestead, does not exceed $8,000.00 for the immediately preceding taxable year and if the adjusted gross in come of each such resident does not exceed $16,000.00 for the im mediately preceding taxable year, each such resident is granted an ex emption from all DeKalb County School District ad valorem taxes on $20,000.00 of the value of such homestead. Such adjusted gross in come, as used herein, shall not include any Federal old-age, survivors or disability insurance benefits or any benefits under the Federal Railroad Retirement Act. Except for said Federal old-age, survivors or

FRIDAY, MARCH 26, 1982

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disability insurance benefits and benefits under said Federal Railroad Retirement Act, adjusted gross income, as used herein, shall include benefits received under a retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be re quired to obtain a certificate from not more than three physicians licensed to practice medicine under Chaper 34 of Title 43 of the Of ficial Code of Georgia Annotated, relative to medical practitioners, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemp tion provided for herein unless he, or an agent acting in behalf of such resident, files an affidavit with the Tax Commissioner of DeKalb County, giving his age, or if disabled, the certificate or certificates pro vided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead received during the last taxable year for income tax pur poses, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such ex emption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead ex emption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 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.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that each resident of the DeKalb County School District who is
[ ] NO 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on $20,000.00 of the value of the homestead owned and occupied by such resident?"
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 HR 793:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on $20,000.00 of the value of the homestead owned and occupied by such resident; 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 therefrom that paragraph which reads as follows:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of the DeKalb County School District who is 62 years of age or over or who is disabled is hereby granted an ex emption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse and all other members of his family who also reside at and occupy such homestead, does not ex ceed $8,000.00 for the immediately preceding taxable year. Such ad justed gross income, as used herein, shall not include any Federal old-

FRIDAY, MARCH 26, 1982

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age, survivors or disability insurance benefits or any benefits under the Federal Railroad Retirement Act. Except for said Federal old-age, survivors or disability insurance benefits and benefits under said Federal Railroad Retirement Act, adjusted gross income, as used herein, shall include benefits received under a retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. In order to qualify for the exemption pro vided for herein as being disabled, the person claiming such exemp tion shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners of the Code of Georgia, as now or hereafter amended, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent act ing in behalf of such resident, files an affidavit with the Tax Commis sioner of DeKalb County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Com missioner to make a determination as to whether such owner is entitl ed to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemp tions, as the same now exists or may hereafter be amended, shall ap ply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and cer tificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead ex emption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1978.",
and substituting in lieu thereof the following paragraph:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of the DeKalb County School District who is 62 years of age or over or who is disabled is granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse and all other members of his family who also

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reside at and occupy such homestead, does not exceed $8,000.00 for the immediately preceding taxable year and if the adjusted gross in come of each such resident does not exceed $16,000.00 for the im mediately preceding taxable year, each such resident is granted an ex emption from all DeKalb County School District ad valorem taxes on $20,000.00 of the value of such homestead. Such adjusted gross in come, as used herein, shall include any Federal old-age, survivors or disability insurance benefits or any benefits under the Federal Railroad Retirement Act and benefits received under a retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. In order to qualify for the ex emption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relative to medical practitioners, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent act ing in behalf of such resident, files an affidavit with the Tax Commis sioner of DeKalb County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Com missioner to make a determination as to whether such owner is entitl ed to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemp tions, as the same now exists or may hereafter be amended, shall ap ply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and cer tificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead ex emption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 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.

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3473

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 DeKalb County School District who is
[ ] NO 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on $20,000.00 of the value of the homestead owned and occupied by such resident?"
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 50, 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 Bond Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge
English

Engram Evans Fincher of 54th Foster Garner Gillis Greene
Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land
Lester

Littlefield McGill McKenzie Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

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Those not voting were Senators:

Barnes Bell

Fincher of 52nd Reynolds

Robinson Scott

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 by substitute.
The following local bill of the Senate was taken up for the purpose of consider ing the House amendment thereto:
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.
The House amendment was as follows:
Amend SB 757 by striking from lines 15 through 21 on Page 2 the following:
"[ ] DeKalb Community College should be retained as an in stitution of the Board of Education of DeKalb County with continued funding from the education funds of DeKalb County, provided that taxes for such funding do not rise above the current 1 mill rate limit."
Senator Stumbaugh of the 55th moved that the Senate agree to the House amendment to SB 757.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 757.
Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

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The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 711 was as follows:
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 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 15 working days after receipt of due written proof of loss shall mail the insured a letter giving the reason or reasons the insurer may have for failing to make such payment; to pro vide for the processing and payment of claims by an insurer within 15 working days after receipt of the needed documents or information; to provide that each insurer shall pay the insured interest on claims which are not paid in a timely manner; to provide for applicability; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to provide for automatic repeal of certain portions of this Act; 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:

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(a) Failed to use due diligence in processing all claims, failed to pay claims in a timely manner, failed to provide proper notice when required with respect to the reasons for the insurer's failure to make claims payments when due, or refused without just cause, to pay proper claims arising under coverage provided by its policies, whether such claim is in favor of an insured or in favor of a third per son with respect to the liability of an insured to such third person or in favor of any other person entitled to the proceeds 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 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.
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. For the purposes of this Code section, the term 'insurer' shall include any insurer, nonprofit organization, or any other person authorized to sell accident and sickness insurance policies, subscriber contracts, certificates, or agreements of any form under Code Chapter 56-17, 56-17A, 56-18, 56-19, 56-31, or 56-36."
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) All benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of due written proof of such loss. Should the insurer fail to pay the benefits payable under its policy, other than benefits payable for loss of time, upon receipt of due written proof of loss, the insurer shall have 15 working days thereafter within which to mail the insured or subscriber a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the in sured or subscriber a written itemization of any documents or other

FRIDAY, MARCH 26, 1982

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information needed to process the claim or any portions thereof which are not being paid. When all of the listed documents or other information needed to process the claim have been received, the in surer shall then have 15 working days within which to process and either pay the claim or deny it, in whole or in part, giving the insured the reasons the insurer may have for denying such claim or any por tion thereof.
(b) Subject to proof of loss, all accrued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termina tion of such period will be paid immediately upon receipt of such proof.
(c) Each insurer admitted to transact accident and sickness in surance in this state shall pay interest to the insured equal to 18 per cent per annum on the proceeds or benefits due under the terms of the policy for failure to comply with the requirements of paragraphs (a) or (b).",
and by adding at the end of said Code Section 56-3004 the following paragraph:
"The provisions of this Code section shall also apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity."
Section 3. 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.
(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 due written proof of such loss. Should the insurer fail to pay the benefits payable under its policy, except for benefits payable for loss of time, upon receipt of due written proof of loss, the insurer shall have 15 working days thereafter within which to mail the insured or subscriber a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the insured or subscriber a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. When all of the listed documents or other information needed to process the claim have

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been received, the insurer shall then have 15 working days within which to process and either pay the claim or deny it, in whole or in part, giving the insured the reasons the insurer may have for denying such claim or any portion thereof.
(b) Subject to proof of loss, all accrued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termina tion of such period will be paid immediately upon receipt of such proof.
(c) Each insurer admitted to transact accident and sickness in surance in this state shall pay interest to the insured equal to 18 per cent per annum on the proceeds or benefits due under the terms of the policy for failure to comply with the requirements of paragraphs (a) or (b).",
and by adding at the end of said Code Section 56-3105 the following paragraph:
"The provisions of this Code section shall also apply to group and blanket accident and sickness insurance policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity."
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 when required with respect to the reasons for the insurer's failure to make claims payments when due, or refused without just cause, to pay proper claims arising under coverage provided 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

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(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.",
and by adding at the end of said Code Section 33-3-20 a new subsection jc) to read as follows:
"(c) For the purposes of this Code section, the term 'insurer' shall include any insurer, nonprofit organization, or any other person authorized to sell accident and sickness insurance policies, subscriber contracts, certificates, or agreements of any form under Chapter 15, 18, 19, 20, 21, or 30 of Title 33."
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) All benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of due written proof of such loss. Should the insurer fail to pay the benefits payable under its policy, other than benefits payable for loss of time, upon receipt of due written proof of loss, the insurer shall have 15 working days thereafter within which to mail the insured or subscriber a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the in sured or subscriber a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. When all of the listed documents or other information needed to process the claim have been received, the in surer shall then have 15 working days within which to process and either pay the claim or deny it, in whole or in part, giving the insured the reasons the insurer may have for denying such claim or any por tion thereof.
(B) Subject to proof of loss, all accrued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termina tion of such period will be paid immediately upon receipt of such proof.

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(C) Each insurer admitted to transact accident and sickness in surance in this state shall pay interest to the insured equal to 18 per cent per annum on the proceeds or benefits due under the terms of the policy for failure to comply with the requirements of subparagraphs (A)or(B).",
and by adding at the end of said Code Section 33-29-3 a new subsection (d) to read as follows:
"(d) The provisions of this Code section shall also apply to in dividual accident and sickness insurance policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity."
Section 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 due written proof of such loss. Should the insurer fail to pay the benefits payable under the policy, other than benefits for loss of time, upon receipt of due written proof of loss, the insurer shall have 15 working days thereafter within which to mail the insured or subscriber a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the insured or subscriber a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. When all of the listed documents or other information needed to process the claim have been received, the insurer shall then have 15 working days within which to process and either pay the claim or deny it, in whole or in part, giving the insured the reasons the insurer may have for denying such claim or any portion thereof.
(B) Subject to proof of loss, all accrued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable, and any balance remaining unpaid at the termina tion of such period will be paid immediately upon receipt of such proof.

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(C) Each insurer admitted to transact accident and sickness in surance in this state shall pay interest to the insured equal to 18 per cent per annum on the proceeds or benefits due under the terms of the policy for failure to comply with the requirements of subparagraphs (A)or(B);",
and by adding at the end of said Code Section 33-30-6 a new subsection (c) to read as follows:
"(c) The provisions of this Code section shall also apply to group and blanket accident and sickness insurance policies issued bs a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care cor
ptyo-r"ation, a health maintenance organization, or any other similar enti-

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) 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 Lester of the 23rd moved that the Senate agree to the House substitute to SB 711 as amended by the following amendment:

Amend the House substitute to SB 711 by adding at the end of line 17 of Page 3 the following:

and by adding on line 4 of Page 9 after the numeral and symbol "21", and before the word "or" the following:
"29,".

On the motion, 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 Eldridge English Engram Evans Fincher of 52nd

3482
Foster Gillis Howard Hudgins Hudson Kennedy Kidd Lester

JOURNAL OF THE SENATE

Littlefield McGill McKenzie Robinson Starr Stephens Stumbaugh Summers

Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Bell Brannon Dean Fincher of 54th Garner

Greene Hill Holloway (presiding) Horton

Land Reynolds Scott Tate

On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 711 as amended by the Senate.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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 Georgia World Congress Center Authority by a board of governors.
Senator Hudson of the 35th moved that the Senate adhere to the Senate amend ment to HB 1546, 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 1546.
Senator Holloway of the 12th, President Pro Tempore, who was presiding, ap pointed as a Conference Committee on the part of the Senate the following:
Senators Hudson of the 35th, Broun of the 46th and Hudgins of the 15th.

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3483

The following local resolution of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

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.

The House amendment was as follows:

Amend the Senate substitute to HR 753 by adding before the semicolon on line 6 of Page 1 the following:
"and so as to provide a 1 percent sales and use tax for the Newton County School District and a corresponding limit on ad valorem taxes for the school district''.
By renumbering Section 2 as Section 3 and adding a new Section 2 to read as follows:
"Section 2. Article VIII, Section VII, Paragraph I of the Constitu tion is amended by adding at the end thereof a new undesignated paragraph to read as follows:
'The Board of Education of the Newton 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 Newton 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 Newton 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 Newton County School District shall also comply with the provisions of Code Section 48-8-91 as if the Newton 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 Newton County and those municipalities located therein from continuing to impose 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 Newton County School District is authorized to contract or otherwise

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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 fur ther 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 sub ject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter not withstanding the provisions of any conflicting general law.' "
By adding immediately before the question mark on line 5 of Page 3 the following:
"and so as to provide a 1 percent sales and use tax for the Newton County School District and a corresponding limit on ad valorem taxes for the school district''.

Senator Ballard of the 45th moved that the Senate agree to the House amend ment to the Senate substitute to HR 753.

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 Cobb Coleman Coverdell Deal Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Gillis Hill Horton Hudgins Kennedy Kidd Lester Littlefield McGill McKenzie

Robinson Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Bell Bowen
Bryant Dean

Foster Garner Greene
Holloway (presiding) Howard

Hudson Land Reynolds
Scott Starr

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HR 753.

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3485

The following local bill of the Senate was taken up for the purpose of consider ing the House substitute thereto:

SB 780. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act creating the Magistrate's Court of Glynn County, as amended, so as to change the compensation of the deputy magistrate.

The House substitute to SB 780 was as follows:

A BILL
To be entitled an Act to amend an Act creating the Magistrate's Court of Glynn County, approved April 4, 1963 (Ga. L. 1963, p. 2969), as amended, particularly by an Act approved March 9, 1979 (Ga. L. 1979, p. 3106), so as to change the method of selection of the magistrate and deputy magistrates and to change provisions relating to their compensa tion; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Magistrate's Court of Glynn County, approved April 4, 1963 (Ga. L. 1963, p. 2969), as amended, particularly by an Act approved March 9, 1979 (Ga. L. 1979, p. 3106), is amended by replacing Section 2 with a new section to read as follows:
Section 2. (a) There shall be a presiding officer who shall be designated magistrate of said court. The magistrate in office on the ef fective date of this section shall serve out the term for which he was appointed. Future magistrates shall be appointed by and serve at the pleasure of the majority of the superior court judges of the Brunswick Judicial Circuit.
(b) The magistrate in office on the effective date of this section shall be authorized to appoint a deputy magistrate to serve at his will; and such deputy magistrate shall, until the expiration of the term of said magistrate, serve and be compensated as provided by prior law. Thereafter a deputy magistrate or deputy magistrates may be ap pointed by and shall serve at the pleasure of the majority of the superior court judges of the Brunswick Judicial Circuit. Any deputy magistrate may serve as magistrate in the absence of the magistrate and may at all times exercise the jurisdiction of and carry out the duties of the magistrate, subject to the jurisdiction of the magistrate.
(c) The magistrate shall have the jurisdiction and power set forth in this Act and shall have such additional powers as may be exercised by justices of the peace within the scope of the jurisdiction of the magistrate. The magistrate shall be authorized to assess and collect court costs and fees, including costs for the issuance of warrants, in the same amounts provided by law for justices of the peace and shall pay the same into the treasury of Glynn County."

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Section 2. Said Act is further amended by striking Sections 4 and 4A and by inserting a new Section 4 to read as follows:
"Section 4. The salary of the magistrate and each deputy magistrate shall be set by the Glynn County governing authority. Such salaries shall be paid monthly from county funds."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Littlefield of the 6th moved that the Senate agree to the House substitute to SB 780.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 780.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 364 was as follows:

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 certain recorded personal information; to provide for the correction, amendment, or dele tion of certain 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 pro vide limitations and conditions concerning the disclosure of certain in formation; to provide for procedures relative to hearings, witnesses, ap pearances, production of books, and service of process; to provide for

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service of process for insurance-support organizations; to provide for the issuance of cease and desist reports by the Commissioner and the pro cedures relative thereto; to provide for judicial review of orders and reports; to provide for individual remedies; to provide for unlawful ac tivities; 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. 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 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.
(b) The rights granted by this chapter shall extend to:

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(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.
(c) 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 trans actions 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

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(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.
(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-land 33-23-40.
(4) 'Applicant' means any person who seeks to contract for in surance coverage other than a person seeking insurance coverage that is not individually underwritten.
(5) '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 worth iness, 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-

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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 corpoerate 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, pres ent, 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;
(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 en tity 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 medical service corporations, hospital service cor porations, health care plans, and health maintenance organizations as defined in Chapters 33-18, 33-19, 33-20, and 33-21. 'Insurance institu tion' 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 assembling 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

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(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 individual determination of an individual's eligibility for an insurance coverage, benefit, or payment; or
(B) The servicing of an insurance application, policy, contract, or certificate.
(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.

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(20) 'Personal information' means any individually identifiable information 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' does not include an individual's name, address, and age when no other underwriting information is gathered on that individual nor does it include any '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:
(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, organization, 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.

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(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 in formation 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:
(A) At the time of the delivery of the insurance policy or cer tificate when personal information is collected only from the appli cant 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;

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(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:
(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 in formation 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;

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(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 disclosed;
(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:
(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; or
(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.

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(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 insurance- sup port 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:
(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 record ed 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 persons to whom the insurance institution, agent, or insurance- sup port 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 in stitution 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

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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.
(d) 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.
(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 subsection (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

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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.
(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 insurance- sup port organization's refusal to correct, amend, or delete recorded per sonal 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

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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
(2) Provide the applicant, policyholder, or individual proposed for coverage with a summary of the rights established under subsec tion (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 in dividual proposed 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 pro posed for coverage has engaged in cirminal activity, fraud, material misrepresenation, 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

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(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:
(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 38-39-7 of this chapter; or

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(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:
(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;
(4) To a medical-care institution or medical professional for the purpose of:
(A) Verifying insurance coverage or benefits;

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(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;
(5) To an insurance regulatory authority;
(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
(B) If the insurance institution, agent, or insurance-support organization reasonably believes that illegal activities have been con ducted by the individual;
(7) Otherwise permitted or required by law;
(8) In response to a facially valid administrative or judicial order, including a search warrant or subpoena;
(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;
(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;

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(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 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;
(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;
(13) By a consumer reporting agency, provided the disclosure is to a person other than an insurance institution or agent;
(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;
(15) To a professional peer review organization for the purpose of reviewing the service or conduct of a medical-care institution or medical professional;
(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;
(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.

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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 insurance-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 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 chargers and notice of hearing to be held at a time and place 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.

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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 con duct 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 upon such insurance institution, agent, or insurance-support organization a copy of such findings and an order requiring such in surance institution, 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 to 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.

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(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 have 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 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 enter a decree modifying, af firming, 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.

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jc) 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.
(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.
(e) 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.

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33-39-23. Any person who knowingly and willfully obtains in formation about an individual from an insurance institution, agent, or insurance-support organization under false pretenses shall be guilty of a misdemeanor."
Section 2. This Act shall become effective on January 1, 1984.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Littlefield of the 6th moved that the Senate agree to the House subsitute to SB 364.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Coverdell Deal Eldridge English Engram

Fincher of 52nd Foster Garner Gillis Hill Horton Hudgins Kennedy Kidd Land Lester Littlefield McGill McKenzie

Robinson Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Wessels

Those not voting were Senators:

Barker Barnes Bell Cobb Coleman

Dean Evans Fincher of 54th Greene Holloway (presiding)

Howard Hudson Reynolds Scott Walker

Oft the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 364.

FRIDAY, MARCH 26, 1982

3509

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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.

The House amendment was as follows:

Amend SB 747 by adding on line 2 of Page 2 after the following:
"services.",
the following:
"A 'career consulting firm' shall not include any person who pro vides these services without charging a fee to applicants for those ser vices or any employment agent or agency regulated under the 'Private Employment Agencies Act,' approved March 21, 1974 (Ga. L. 1974, p. 567), as now or hereafter amended."
By adding on line 5 of Page 4 after the following:
"services.",
the following:
"A 'career consulting firm' shall not include any person who pro vides these services without charging a fee to applicants for those ser vices or any employment agent or agency regulated under Chapter 10 of Title 34 of the Official Code of Georgia Annotated."
By striking from line 25 of Page 2 and from line 29 of Page 4 the following:
"seller.' ",
and inserting in lieu thereof the following:
"seller."
By adding between line 25 and line 26 of Page 2 and between line 29 and line 30 of page 4 the following:
"(C) Any advertising offering the services of a career consulting firm shall contain a statement which contains the following language: 'A career consulting firm does not guarantee actual job placement as one of its services.' "

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Senator Horton of the 17th moved that the Senate agree to the House amend ment to SB 747.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Cobb Coverdell Deal Eldridge English Engram

Evans Fincher of 52nd Foster Garner Gillis Hill Horton Hudgins Hudson Kennedy Kidd Land Lester McGill

McKenzie Robinson Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Barker Bell Brown of 47th Coleman

Dean Fincher of 54th Greene Holloway (presiding) Howard

Littlefield Reynolds Scott Summers

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 747.
The following resolution of the Senate was taken up for the purpose of con sidering the House substitute thereto:
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.

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The House substitute to SR 340 was as follows:

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 cer tain applications of this amendment; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF 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 breach of any written contact 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 pro vided. Moreover, the sovereign immunity of the state or any of its departments 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. The provisions of this paragraph shall not have the effect of permitting the state or any of its departments or agencies to interpose the defense of sovereign immunity as to any action against the state or any of its departments or agencies filed prior to January 1, 1983, if such defense could not have been interposed on 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 clarify the status of sovereign immunity and to waive the defense of sovereign immunity in contract actions and in 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."

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SR 340.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell Deal Eldridge English

Engram Evans Fincher of 54th Garner Gillis Hill Horton Hudgins Kennedy Kidd Lester Littlefield McGill McKenzie

Robinson Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Barker Bell Brown of 47th Dean

Fincher of 52nd Foster Greene Holloway (presiding) Howard

Hudson Land Reynolds Scott Stephens

On the motion, the yeas were 41, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SR 340.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.

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The House substitute to SB 728 was as follows:

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 change the membership of the authority; to provide for legislative intent; to create the Georgia Secondary Market Corporation; to define certain terms; to provide that all of the corporate powers, duties, and functions of the corporation shall be exercised by a board of directors; to provide for a board of directors; to provide for an executive director who shall be the chief administrative officer of the corporation; to authorize the board to create other offices as it deems necessary for the operation of the cor poration and to appoint qualified persons to fill such offices; to pro vide that persons appointed by the board to fill such offices shall per form such executive functions, powers, and duties as may be prescrib ed by the board; to authorize the corporation to employ technical ex perts and other technical personnel; to provide that certain personnel employed by the corporation may also be simultaneously employed by the Georgia Residential Finance Authority; to provide for the division and payment of salaries and expenses associated with any officer or employee simultaneously employed by the corporation and the authority; to provide for the preparation of an annual budget by the chief administrative officer; to provide that the board shall authorize the guarantee or sale of obligations or securities and shall approve other major contractual agreements; to provide for the general powers of the corporation; to authorize the corporation to guarantee the timely payment of principal and interest of certain securities; to provide that guarantees by the corporation shall not constitute a debt or obligation of the State of Georgia or any agency or instrumentality thereof other than the corporation; to provide that a mortgage lender shall be eligi ble to issue and service mortgage-backed securities guaranteed by the corporation if such mortgage lender qualifies as an eligible issuer; to provide for the qualifications a mortgage lender must meet to become an eligible issuer; to provide for certain duties by the corporation in the event that a mortgage lender which is qualified as an eligible issuer fails to meet certain requirements; to provide for the issuance of straight pass-through securities and modified pass-through securities; to provide for the minimum face amount of each issue of guaranteed securities; to provide for the transferability of securities; to provide that each issue of guaranteed securities must be backed by a separate pool of mortgages which meet certain requirements; to provide that the corporation shall not guarantee securities if the pool arrangement proposed by the issuer does not satisfactorily meet certain re quirements; to provide that the issuer shall maintain fidelity bond coverage that assures the faithful performance of the fiduciary respon sibilities of the issuer; to provide for guarantees by the corporation with respect to straight pass-through securities; to provide that the cor poration shall establish a schedule of application and guarantee fees and alter the schedule of fees as it reasonably deems appropriate; to provide that the proceeds of fees shall be applied to defray the operating expenses of the corporation; to provide that any remaining

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proceeds shall be deposited in the Guarantee Reserve Fund; to provide that when the Guarantee Reserve Fund or the Minimum Guaranteed Reserve Fund requirement is sufficiently funded, the additional pro ceeds shall be applied to purchase outstanding mortgage capital cer tificates; to provide that securities guaranteed by the corporation shall be legal investments; to provide that the corporation may issue obliga tions, "Mortgage Capital Certificates," to enable the corporation to carry out its functions; to authorize the corporation to purchase any of its mortgage capital certificates outstanding at any time and at any price; to provide for certain pledges and agreements by the state with the holders of any mortgage capital certificates; to provide that no guarantee by the corporation or mortgage capital certificate issued by the corporation shall be deemed to constitute a debt or liability of the state or any political subdivision of the state and shall not directly or indirectly or contingently obligate the state or any political subdivision of the state to levy or to pledge any form of taxation or to make any ap propriation for the payment of such securities; to provide that nothing shall be construed to prevent the corporation from pledging its full faith and credit; to provide that certain proceeds shall be used for the operating costs of the corporation, payments into the Guarantee Reserve Fund, and other expenses; to provide that the corporation shall create and establish the Georgia Secondary Market Fund; to provide that the corporation shall create and establish a special account in the Georgia Secondary Market Fund which shall be known as the "Guarantee Reserve Fund" and pay certain proceeds and moneys into the fund; to provide that all moneys in the Guarantee Reserve Fund, with certain ex ceptions, shall be used for the payment of principal and interest on cer tain securities guaranteed by the corporation; to provide that for each issue of securities guaranteed by the corporation, the corporation shall determine according to sound actuarial and business practices the amount by which the Guarantee Reserve Fund shall be increased to en sure the continued payment of principal and interest on such securities in the event of default by the issuer; to provide that moneys of the cor poration not invested in operating facilities shall be kept in cash on hand or on deposit or shall be lawfully invested; 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 known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, is amended by striking subsection (a) of Section 5 in its entire ty and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Authority shall be composed of 11 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;

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(3) the Commissioner of the State Department of Community Af fairs; and
(4) eight 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. One of the public members shall be an active family farmer. Two of the public members shall be affiliated with eligible issuers of the mortgage-backed securities as defined in Section 14 of the 'Georgia Secondary Market Corporation Act.' Public members shall serve for four-year terms, except as otherwise pro vided by law. Such public members shall continue in office until their successors have been appointed and qualified. In the event of a vacan cy 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. Laws 1976, p. 344) and shall be subject to removal for violation thereof in the same manner (Ga. Laws 1976, p. 344). Any vacancy created by any such removal for cause shall be filled by the Governor. The Authority shall elect a Chairman who shall be chief executive of ficer of the Authority, and a Secretary. The members of the Authority may appoint an Executive Director, who shall be a person ex perienced in mortgage lending, home building or real estate develop ment. The Executive Director shall become an ex officio nonvoting member of the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Authority. A majority of members then in of fice shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the Authority. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Except for the is suance 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 ac tual expenses incurred, for each day's service spent in the peformance 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 2. Said Act is further amended by adding a new subsection (e) at the end of Section 5 to read as follows:
"(e) (1) The authority shall maintain a system of accounts in ac cordance with generally acceptable accounting procedures and stan dard accounting procedures and systems established by the state, where applicable.

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(2) Funds derived from the operation of the authority shall not be liable for any deficit, default, or failure of the Georgia Secondary Market Corporation. Securities issued by the Georgia Secondary Market Corporation are payable solely from the funds provided for in the 'Georgia Secondary Market Corporation Act' and shall not con stitute a debt or obligation to the authority.
(3) Personnel employed by the authority may be simultaneously employed by the Georgia Secondary Market Corporation; provided, however, any such personnel simultaneously employed shall properly allocate their individual salaries and expenses between the authority and the Georgia Secondary Market Corporation."
Section 3. This Act shall be known and may be cited as the "Georgia Secondary Market Corporation Act."
Section 4. (a) The General Assembly finds and declares that historically, Georgia has been a state in which the need for residential mortgage funds has greatly exceeded the supply of such funds within the state. A substantial portion of this deficit has been met in the past by the sale by Georgia institutional lenders of residential mortgages to out-ofstate sources, including federal mortgage finance agencies, out-of-state institutional loan buyers, and the public capital markets. In recent years, increasingly high interest rates have created an acute shortage of mort gage funds from these traditional sources. This shortage is inimical to the safety, health, and welfare of the residents of this state and the sound growth of its communities. In order to supply the need in Georgia for residential mortgage funds, it is necessary to implement a public pro gram to make Georgia residential mortgages more salable to sources of capital.
(b) The General Assembly declares that the purposes of this Act are to establish secondary market facilities for home mortgages, to provide that the operations thereof shall be financed by private capital to the maximum extent feasible, and to authorize such facilities to provide sup plementary assistance to the secondary market for home mortgages by providing a degree of liquidity for mortgage investments, thereby im proving the distribution of investment capital available for home mort gage financing; and to provide assistance for the financing of home mort gages as a means of retarding or stopping a decline in mortgage lending and home building activities which materially threatens the stability of a high level state economy.
Section 5. As used in this Act, the term:
(11 ''Board'' means the board of directors of the corporation.
(2) "Corporation" means the Georgia Secondary Market Corpora tion.
(3) "Custodial agent" means a bank or trust company having trust powers having a place of business in Georgia and authorized to do business in Georgia and designated as such by the corporation.

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(4) ' 'Default'' means default by an issuer of payment of a security or performance of any of its obligations under a guarantee.
(5) "Eligible issuer" or "issuer" means a mortgage lender qualify ing as an "eligible issuer" as provided in Section 19.
(6) "Guarantee" means a guarantee of the corporation regarding securities entered into pursuant to Section 13.
(7) "Mortgage" means a mortgage, deed of trust, or deed to secure debt covering a fee simple estate which is accompanied by a promissory note, the holder of which is a mortage lender.
(8) "Mortgage capital certificates" means the obligations of the authority issued pursuant to Section 23 hereof.
(9) "Mortgage lender" means any bank or trust company, savings and loan association, savings bank, insurance company, or mortgage banker or mortgage broker authorized to deal in mortgages. Such mortgage lender shall have a place of business in Georgia and shall be authorized to do business in Georgia.
(10) "Mortgage pool" or "pool" means a pool of mortgages meeting, to the satisfaction of the corporation, the requirements of Sections 16 and 17 exclusively pledged by an issuer for the payment of securities.
(11) "Securities" means the straight pass-through securities and modified pass-through securities described in subsection (a) of Section 16 issued by issuers and secured by a mortgage.
Section 6. There is created the Georgia Secondary Market Corpora tion. The corporation constitutes a public instrumentality and a political subdivision of the state, and the exercise of the powers conferred by this Act shall be deemed and held to be the performance of an essential public function.
Section 7. (a) The corporation shall be governed and all of its cor porate powers, duties, and functions shall be exercised by a board of directors. The board of directors shall be composed of 11 members, who shall be the same persons who are serving and who shall serve as members of the Georgia Residential Finance Authority pursuant to Sec tion 5 of the "Georgia Residential Finance Authority Act." The executive director of the corporation, or president, if designated by such title by the board of directors, shall be an ex officio nonvoting member of the board of directors.
(b) The provisions of subsection (a) of Section 3 and Section 5 of the "Georgia Residential Finance Authority Act" pertaining to the authority are incorporated by reference into this subsection and shall apply to the board of directors in the same manner as it fully sets out, with con-

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formable language, in this subsection. The board of directors shall organize and conduct its affairs in accordance with such provisions of law; provided, however:
(1) That nothing in this subsection shall be construed to mean that the board of directors must elect the same persons as officers of the board of directors as are elected by the board of directors of the authority to serve as officers of the board of directors of the authority;
(2) That no person serving as a public member of the authority and thereby as a director of the corporation shall receive more than one day's per diem, plus actual expenses incurred, for one day's ser vice or portion thereof rendered to the state; and
(3) That the limitation as to the number of days during any fiscal year that a per diem may be paid to a public member of the authority shall be exclusive of services rendered by such person as a director of the corporation.
(c) The Attorney General shall provide legal services for the corpora tion and in connection therewith the provisions of an Act providing that the Attorney General shall be vested with authority and jurisdiction in matters of law relating to state authorities, approved April 17, 1969 (Ga. L. 1969, p. 484), shall be fully applicable.
Section 8. (a) The board of directors shall appoint an executive direc tor, or president, if designated by such title by the board of directors, who shall be the chief administrative officer of the corporation and serve at the pleasure of the board.
(b) The board shall create any other offices within the corporation as it deems necessary for the operation of the corporation and shall appoint qualified persons to fill any such offices created.
(c) Persons appointed under subsections (a) and jb) shall perform such executive functions, powers, and duties as may be prescribed by the board under regulations and bylaws and shall be considered ex ecutive officers of the corporation.
(d) The corporation may also employ technical experts and other personnel as is necessary for the conduct of business of the corporation.
(e) The executive director, officers, and other personnel authorized to be employed by the corporation in this section, may also be simultaneously employed by the Georgia Residential Finance Authority; provided, however, that the salaries and expenses associated with any officer or employee simultaneously employed by the corporation and the authority must be properly allocated between the corporation and the Georgia Residential Finance Authority.
Section 9. The chief administrative officer shall prepare an annual budget at least 90 days prior to the close of the fiscal year, pursuant to his activities under this Act. The chairperson shall then present if for adop tion to the board of directors.

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Section 10. The board shall authorize the guarantee or sale of obliga tions or securities and shall approve other major contractual agreements. Any other contractual agreements or debt obligation may be approved by the chief administrative officer pursuant to regulations of the board.
Section 11. (a) The corporation shall have power:
(1) To adopt, alter, and use a corporate seal, which shall be judicially noticed;
(2) To enter into and perform contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this Act on such terms as it may deem appropriate, with the Georgia Residential Finance Authority, any government agency, or with any person, firm, association, or corporation;
(3) To execute, in accordance with its bylaws, all instruments necessary or appropriate in the exercise of any of its powers;
(4) To sue and to be sued in its corporate name and to complain and defend in any state or federal court of competent jurisdiction, but no attachment, injunction, or other similar process shall be issued against the property of the corporation or against the corporation with respect to its property;
(5) To lease, purchase, or acquire any property, and to sell, for cash or credit, lease, or otherwise dispose of the same, at such time and in such manner as and to the extent that it may deem necessary or appropriate to procure insurance against any loss in connection with its property and other assets, in such amounts and from such insurers as it deems desirable;
(6) To borrow money and issue and guarantee payment of prin cipal and interest on securities as provided in this Act;
(7) To prescribe, repeal, and amend or modify rules, regulations, bylaws, or requirements governing the manner in which its general business may be conducted;
(8) To accept gifts or donations of services, or of property, real, personal, or mixed, tangible or intangible, in aid of any of its pur poses;
(9) To borrow funds from the Georgia Residential Finance Authority for the purpose of beginning operations, such loans to be made at competitive rates of interest and repaid from funds available for general corporate purposes; and
(10) To do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business.
(b) The corporation shall have the power to select and appoint or employ such officers, employees, and agents, to vest them with such powers and duties, and to fix such compensation to them for their ser vices, as it may determine; and any such action shall be without regard to

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the state civil service and classification laws. Appointments, promotions, and separations so made shall be based on merit and efficiency, and no political tests or qualification shall be permitted or given consideration.
Section 12. The exercise of the powers specified in this Act will be in all respects for the benefit of the people of the state, for their well-being and prosperity, and for the improvement of their socioeconomic condi tions, and the corporation shall not be required to pay any tax or assess ment on any property owned by the corporation under the provisions of this Act or upon the income therefrom.
Section 13. (a) The corporation is authorized to guarantee the timely payment of principal and interest on such securities as shall be based on and backed by a pool composed of mortgages meeting the requirements of Section 16 of this Act. In the event the issuer is unable to make any payment of principal or of interest on any security guaranteed under this section, the corporation shall make such payment as and when due in cash, and thereupon shall be subrogated fully to the rights satisfied by such payment.
(b) Any other laws to the contrary notwithstanding, the corporation is empowered in connection with any guarantee under this section, whether before or after any default, to provide by contract with the issuer for the extinguishment, upon default by the issuer, of any redemp tion, equitable or legal, or other right, title, or interest of the issuer in any mortgage or mortgages constituting the pool against which the guaranteed securities are issued and for the transfer of such mortgage or mortgages to the corporation as the absolute property of the corporation subject only to unsatisfied rights therein of the holders of the securities.
(c) The guarantee provided under this section shall not constitute a debt or obligation of the State of Georgia or any agency or instrumentali ty thereof other than the corporation.
Section 14. (a) A mortgage lender shall be eligible to issue and ser vice mortgage-backed securities guaranteed by the corporation if such mortgage lender qualifies as an eligible issuer. In order to qualify as an eligible issuer, a mortgage lender must:
(1) Have adequate experience, management capability, and facilities to issue and service mortgage-backed securities, as determin ed by the corporation;
(2) Be authorized to do business in the State of Georgia;
(3) Own at all times, except as may otherwise be provided in Sec tion 21, mortgage capital certificates issued pursuant to Section 23 with a total face amount equal to a minimum amount fixed by the cor poration; and
(4) Meet the requirements, conditions, and limitations which may be imposed by the bylaws or regulations of the corporation.

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(b) The corporation shall not make a commitment to guarantee, or guarantee, pursuant to a commitment or otherwise, any issue of mortgage-backed securities unless the mortgage lender requesting such commitment or guarantee then qualifies as an eligible issuer.
(c) A mortgage lender shall not qualify as an eligible issuer at any time in which the lending policies of the issuer permit any discrimination based on race, religion, color, national origin, age, or sex of a borrower.
(d) A mortgage lender shall qualify as an eligible issuer only so long as it conducts its business operations in accordance with accepted mortgage-lending practices, ethics, and standards, as determined by the corporation, and shall maintain its books and records in accordance with generally accepted accounting principles.
(e) In the event that a mortgage lender which is qualified as an eligi ble issuer should subsequently fail to comply with any of the re quirements prescribed in this section, the corporation may withhold fur ther commitments to guarantee securities until such time as the corpora tion is satisfied that the mortgage lender has resumed business opera tions in compliance with such requirements.
(f) If any issuer, subsequent to the issuance of securities guaranteed by the corporation, should fail in a material way to be in compliance with any of the requirements prescribed in this section or in the guarantee agreement, the corporation may bring proceedings to disqualify such issuer, in accordance with the following procedure: The corporation shall serve the issuer, by hand delivery or by certified or registered mail, with a written notice stating the facts incident to such failure and setting forth such affirmative requirements as the corporation may consider necessary to correct such failure in accordance with such procedures as may be set forth in the guarantee agreement.
Section 15. (a) Securities to be issued pursuant to the provisions of this section may, at the option of the issuer, be of one of the following types, but only one of such types may be issued against any single pool of mortgages:
(1) Straight pass-through securities, which provide for the pay ment by the issuer to the holders of a proportionate share of the pro ceeds of principal and interest, as collected, on account of a pool of mortgages, less servicing fees and other specified costs approved by the corporation; and
(2) Modified pass-through securities, which provide for such pay ment, whether or not collected, of both specified principal in stallments and a rate of interest on the unpaid principal balance, with all prepayments being passed through to the holder.
(b) In the case of delinquent mortgages in a pool backing modified pass-through securities, the issuer is required to make advances if necessary to maintain the specified schedule of interest and principal payments to the holders, or at its option, at any time 90 days or more after default of any such mortgage, the issuer may repurchase such mort gage.

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(c) Both straight pass-through and modified pass-through securities must specify the dates on which payments are to be made to the holders thereof, and must indicate the accounting period for collections on the pool's mortgages relating to each such payment, and the securities must also specify a date on which the entire principal to be collected will have been paid or will be payable.
(d) Each issue of securities must be in a minimum face amount of $ 1 million, provided that in the case of modified pass-through securities based on and backed by mortgages on mobile homes said minimum face amount is $400,000.00. The total face amount of any issue of securities cannot exceed the aggregate unpaid principal balances of the mortgages in the pool.
(e) The face amount of any security cannot be less than $25,000.00.
(f) Securities are transferable, but the share of the proceeds collected on account of the pool of mortgages may not be payable to more than one holder with respect to any security.
(g) The mortgages comprising a particular pool are not required to have been originated by the same mortgage lender, so long as all such mortgages are originated by eligible issuers.
Section 16. (a) Each issue of securities must be backed by a separate pool of mortgages which:
(1) Are covered by policies of title insurance, hazard insurance, and other types of insurance prescribed in regulations issued by the corporation; and
(2) Meet such other standards of acceptability as may be prescrib ed by the corporation.
(b) Any mortgage within a pool shall be replaced or repurchased by the issuer if found defective by the corporation at any time prior to four months after the date on which the corporation issues its guarantee of the securities, and the documents pertaining to said guarantee shall so pro vide.
Section 17. The corporation will not guarantee securities if the pool proposed by the issuer does not satisfactorily provide for:
(1) Servicing of the mortgages in the pool;
(2) Timely payment of principal and interest, in accordance with the terms of the securities;
(3) Notification to the corporation of an impending default, on the part of the issuer, in adequate time for the corporation to make timely payments on the securities;

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(4) Delivery to a designated custodial agent satisfactory to the cor poration of the mortgage notes or other evidence of indebtedness secured by the mortgages in the pool and protection of the corporation interest in all assets in the pool as collateral for its guarantee; and
(5) All mortgages within a pool carry the same mortgage interest rate.
Section 18. The issuer shall maintain fidelity bond coverage accept able and payable to the corporation that assures the faithful performance of the fiduciary responsibilities of the issuer.
Section 19. (a) With respect to straight pass-through securities, the corporation may guarantee the timely payment to the securityholder of the proceeds of principal and interest, as collected, as undertaken in the corporation's guarantee appearing on the face of the security. With respect to modified pass-through securities, the corporation may guarantee the timely payment, whether or not collected, of the fixed rate of interest on the outstanding balance and the specified principal in stallments, as undertaken in the corporation's guarantee appearing on the face of the security. As to straight pass-through securities, any failure or inability of the issuer to make payments as due to the holders of the securities from the proceeds from the pool of mortgages which have been collected, or because of failure to make collections under reasonable and accepted standards of mortgage servicing, shall constitute a default of the issuer. As to modified pass-through securites, any failure or inability of the issuer to make fixed or other payments as due as well as such other failures as may be identified by the corporation and included in the guarantee agreement, shall be deemed such a default.
(b) Upon any default by the issuer and payment under its guarantee by the corporation, or any failure of the issuer to comply with the terms of the guarantee agreement, the corporation may institute a claim against the issuer's fidelity bond, or may pursuant to Section 13, extinguish all the right, title, or other interest of the issuer and make the mortgages the absolute property of the corporation subject only to unsatisfied rights therein of the holders of the securities, or the corporation may do both.
Section 20. The corporation shall establish a schedule of application and guarantee fees, which may vary for straight pass-through and modified pass-through issuances, and of such fees as it may determine to be reasonable for the analysis of any trust or other security arrangement proposed by the issuer. The corporation may alter the schedule of fees as it reasonably deems appropriate. To assure that to the maximum extent and as rapidly as possible the corporation will become self-supporting, the schedule of fees should be established according to sound business practices such that the proceeds of such fees are sufficient to fund the corporation's total operating expenses, the guarantee of payment of prin cipal and interest on securities issued pursuant to this Act, and the repur chase and retirement of outstanding mortgage capital certificates.
Section 21. Proceeds of fees charged under Section 20 shall be ap plied to defray the operating expenses of the corporation. Remaining pro ceeds shall be deposited in the Guarantee Reserve Fund established pur suant to Section 28 of this Act. When the amount of the Guarantee

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Reserve Fund equals or exceeds $5 million, or the Minimum Guarantee Reserve Fund Requirement as defined in Section 29 is sufficiently fund ed, whichever is greater, the additional proceeds of fees shall be applied to the purchase of outstanding mortgage capital certificates.
Section 22. The securities and mortgage capital certificates guaranteed by the corporation pursuant to this Act shall be legal in vestments in which all public officers and public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all public and private pension or retirement funds, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking institutions, including savings and loan associa tions, building and loan associations, trust companies, savings banks and savings associations, investment companies, and other persons carrying on a banking business, credit unions, industrial loan companies, all ad ministrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The securities and mortgage capital certificates guaranteed by the corporation pursuant to this Act may be used by any such private finan cial institution, person, or association as security for public deposits. The securities and mortgage capital certificates guaranteed by the corpora tion pursuant to this Act are also made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law, including deposits to secure public funds.
Section 23. (a) The corporation may issue obligations, mortgage capital certificates, from time to time in an amount outstanding at any one time sufficient to enable the corporation to carry out its functions under this Act.
(b) Mortgage capital certificates shall mature not more than 20 years from their respective dates of issue, to be redeemable before maturity at the option of the corporation at such price or prices as may be determin ed by the corporation. The corporation is authorized to purchase any of its mortgage capital certificates outstanding under this section at any time and at any price.
(c) Mortgage capital certificates of each issue shall be dated, bear in terest at such rate, and shall have such other terms and conditions as may be determined by the corporation.
(d) The corporation shall determine the form of the mortgage capital certificates, including any interest coupons to be attached thereto, and shall fix the denomination or denominations and the place or places and medium of payment of principal and interest thereof.
(e) All mortgage capital certificates shall be executed in the name of the corporation by the chairman and secretary of the corporation and shall be sealed with the official seal of the corporation or a facsimile

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thereof. Coupons shall be executed in the name of the corporation by the chairman of the corporation. The facsimile signature of either the chair man of the secretary of the corporation may be imprinted in lieu of the manual signature if the corporation so directs and the facsimile of the chairman's signature shall be used on coupons. Mortgage capital cer tificates and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time the signature was signed or imprinted shall be fully valid notwithstanding the fact that before or after the delivery thereof such person ceased to hold such of fice. The corporation also may provide for the authentication of mort gage capital certificates by a trustee or fiscal agent.
(f) All mortgage capital certificates shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the state including the Uniform Commer cial Code.
(g) The mortgage capital certificates may be issued in coupon or in registered form, or both, as the corporation may determine, and provi sion may be made for the registration of any coupon mortgage capital certificate as to principal alone and also as to both principal and interest.
(h) The corporation may sell such bonds at public or private sale in such manner and for such price as it may determine to be for the best in terests of the corporation.
(i) Prior to the preparation of definitive mortgage capital certificates, the corporation may issue interim receipts, interim certificates, or tem porary mortgage capital certificates exchangeable for definitive mortgage capital certificates upon the issuance of the latter. The corporation may also provide for the replacement of any mortgage capital certificate which shall become mutilated or destroyed or lost. Such mortgage capital certificates may be issued without any other proceedings or the happen ing of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act.
(j) The corporation is authorized to provide by resolution for the is suance of refunding mortgage capital certificates of the corporation for the purpose of refunding any mortgage capital certificates issued under the provisions of this Act and then outstanding, together with accrued in terest thereon. The issuance of such refunding mortgage capital cer tificates and all other details thereof, the rights of the holders thereof, and the duties of the corporation in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be ap plicable.
(k) Any resolution providing for the issuance of mortgage capital cer tificates under the provisions of this Act shall become effective im mediately upon its adoption by a majority vote of the board and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the corporation by a majority of the board.

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(1) All mortgage capital certificates shall be executed, confirmed, and validated under, and in accordance with, an Act known as the "Revenue Bond Law," approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, except as otherwise provided in this Act. The venue for all validation pro ceedings pursuant to this Act shall be Fulton County, and the Superior Court of Fulton County shall have exclusive trial court jurisdiction over such proceedings. Mortgage capital certificates issued shall have a cer tificate of validating bearing the facsimile signature of the clerk of the Fulton County Superior Court stating the date on which said bonds were validated and such entry shall be original evidence of the fact of judg ment and shall be received as original evidence in any court in this state. The corporation shall reimburse the district attorney for his actual costs associated with the bond validation proceedings, if any. The fees payable to the clerk of the Fulton County Superior Court for validation and con firmation shall be as follows for each certificate, regardless of the denomination of such certificate: $ 1.00 each for the first 100 certificates, 25<t for each of the next 400 certificates, and 10<t each for each such cer tificate over 500.
Section 24. The state pledges to and agrees with the holders of any mortgage capital certificates issued under this Act that the state will not limit or alter in any way materially detrimental to the portion of such holders the powers of the corporation to fulfill the terms of any agreements made with the holders thereof or in any way materially im pair the rights and remedies of such holders until such mortgage capital certificates, together with the interest thereon, with interest on any un paid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The corporation is authorized to include this pledge and agreement of the state in any agreement with the holders of such mortgage capital certificates.
Section 25. (a) No guarantee issued by the corporation under the provisions of this Act or mortgage capital certificate issued under the pro visions of this Act shall be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the corporation, or a pledge of the faith and credit of the state or of any such political sub division, other than the corporation, but shall be payable solely from funds herein provided therefor. All such mortgage capital certificates and securities evidencing the corporation's guarantees and any prospec tus or other printed representation of the corporation concerning such mortgage capital certificates or guarantees shall contain on the face thereof a statement to the following effect: "Neither the faith and credit or the taxing power of the State of Georgia is pledged to the payment of the principal of or interest on this security."
|b) The issuance of mortgage capital certificates and guarantees by the corporation shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their pay ment.
jc) Nothing contained in this section shall prevent or be construed to prevent the corporation from pledging its full faith and credit to the pay ment of mortgage capital certificates or guarantees or to issue the mort gage capital certificates or guarantees authorized pursuant to this Act.

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Section 26. Proceeds derived from the issuance of mortgage capital certificates and any interest or other increment derived from the invest ment thereof may be used for any of the purposes of the corporation, in cluding, but not limited to, operating costs, payments into the Guarantee Reserve Fund, and other expenses.
Section 27. (a) The corporation shall create and establish the Georgia Secondary Market Fund; provided, further, the corporation shall create and establish a special account in the Georgia Secondary Market Fund, which shall be known as the "Guarantee Reserve Fund" and shall pay into the Guarantee Reserve Fund:
(1) Any proceeds from the sale of mortgage capital certificates to the extent such proceeds are not applied to the corporation's operating costs;
(2) Moneys charged as fees by the corporation under Section 20 to the extent such moneys are not applied to the corporation's operating costs; and
(3) Any other moneys which the corporation may make available for the purpose of the Guarantee Reserve Fund from any other source or sources; provided, however, that payments into the Guarantee Reserve Fund are not required by this section whenever the amount of the Guarantee Reserve Fund equals or exceeds the Minimum Guarantee Reserve Fund Requirement.
(b) All moneys held in the Guarantee Reserve Fund, except as other wise provided in this section, shall be used, as required, solely for the payment of principal and interest on securities guaranteed by the cor poration pursuant to this Act. Any income or interest earned by, or incre ment to the Guarantee Reserve Fund due to the investment thereof may be transferred by the corporation to other funds or accounts of the cor poration to the extent such transfer does not reduce the amount of the Guarantee Reserve Fund below the Minimum Guarantee Reserve Fund Requirement.
(c) In computing the amount of the Guarantee Reserve Fund for pur poses of this section, securities in which all or a portion of the Guarantee Reserve Fund is invested shall be valued at par if purchased at par and shall be valued as amortized value, as such term is defined by resolution of the corporation, if purchased at other than par.
Section 28. (a) For each issue of securities guaranteed by the cor poration pursuant to this Act, the corporation shall determine according to sound actuarial and business practices the amount, if any, by which the Guarantee Reserve Fund should be increased to ensure the continued payment of principal and interest on such securities in the event of default by the issuer. This amount shall be set forth in the resolution or resolutions of the corporation authorizing the guarantee of such issue of securities. As of any particular date of computation, the total of such amounts for all outstanding securities guaranteed by the corporation shall be the "Minimum Guarantee Reserve Fund Requirement."

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(b) The corporation shall not at any time guarantee the payment of principal and interest on securities issued pursuant to this Act if, upon is suance of the securities, the amount in the Guarantee Reserve Fund will be less than the Minimum Guarantee Reserve Fund Requirement.
Section 29. The corporation shall create and establish such other ac counts in the Georgia Secondary Market Fund as it may deem necessary or desirable.
Section 30. Moneys of the corporation not invested in operating facilities shall be kept in cash on hand or on deposit or invested in obliga tions, participations, or other instruments which are lawful investments for fiduciary, trust, or public funds.
Part 2
Section 31. Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the residential finance authority, is amended by striking the article designation and substituting in lieu thereof the following:
"ARTICLE 3
Parti"
Section 32. Said article is further amended by striking the words "this article" wherever the same shall appear in Code Sections 8-3-170, 8-3-171, 8-3-172, 8-3-174, 8-3-176, 8-3-178, 8-3-179, 8-3-180, 8-3-181, 8-3-182, 8-3-183, 8-3-184, and 8-3-186 in their entirety and inserting in lieu thereof the words ' 'this part''.
Section 33. Said article is further amended by striking Code Section 8-3-174 in its entirety and substituting in lieu thereof a new Code Section 8-3-174 to read as follows:
"8-3-174. (a) The authority shall be composed of 11 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) Eight public members to be appointed by the Governor.
jb) 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. One of the public members shall be an active family farmer. Two of the public members shall be affiliated with eligible issuers of

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the mortgage-backed securities as defined in Code Section 8-3-192.1. Public members shall serve four-year terms, except as otherwise pro vided by law. Public members shall continue in office until their suc cessors have been appointed 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 covering 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 pro vided in those Code sections. Any vacancy created by any such removal for cause shall be filled by the Governor.
(c) The authority shall elect a chairman and a secretary. A majori ty of members in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the authority. No vacancy in the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
(d) The members of the authority may appoint an executive direc tor, who shall be the chief administrative officer of the authority and who shall be a person experienced in mortgage lending, home building, or real estate development. The executive director shall be 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.
(e) Except for the issuance of debt, the authority may delegate to one or more of its members, to the executive director, or to any agent or employee such powers and duties as it may deem proper.
(f) The public members of the authority shall be compensated in the amount of $44.00 per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the authority, provided that such compensation shall be limited to 30 days during any one fiscal year unless one of the public members is elected chair man, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be reim bursed for actual expenses incurred in the performance of their duties under this part."
Section 34. Said article is further amended by adding a new subsec tion (d) at the end of Code Section 8-3-175 to read as follows:
" (d) (1) The authority shall maintain a system of accounts in accor dance with generally acceptable accounting procedures and standard accounting procedures and systems established by the state, where applicable.
(2) Funds derived from the operation of the authority shall not be liable for any deficit, default, or failure of the Georgia Secondary Market Corporation. Securities issued by the Georgia Secondary Market Corporation are payable solely from the funds provided for in Part 2 of Article 3 and shall not constitute a debt or obligation to the authority.

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(3) Personnel employed by the authority may be simultaneously employed by the Georgia Secondary Market Corporation; provided, however, any such personnel simultaneously employed shall properly allocate their individual salaries and expenses between the authority and the Georgia Secondary Market Corporation."
Section 35. Said article is further amended by renumbering paragraph (25) of Code Section 8-3-176 as paragraph (27) and by adding two new paragraphs at the end of said Code section, to be numbered paragraphs (25) and (26), to read as follows:
"(25) To loans funds to the Georgia Secondary Market Corpora tion for the purpose of allowing said corporation to begin operations, such loans to be made at competitive rates of interest and repaid by said corporation from whatever funds become available to said cor poration for general corporate purposes;
(26) To enter into contracts, leases, or agreements with the board of directors of the Georgia Secondary Market Corporation which are necessary to allow the authority to provide personnel services, office space, computer services, equipment, materials, and any other ser vices for the Georgia Secondary Market Corporation as the authority deems desirable;".
Section 36. Said article is further amended by adding a new Part 2 immediately following Part 1 to read as follows:
"Part 2
Subpart 1
8-3-190. This part shall be known and may be cited as the 'Georgia Secondary Market Corporation Act.'
8-3-190.1. (a) The General Assembly finds and declares that historically, Georgia has been a state in which the need for residential mortgage funds has greatly exceeded the supply of such funds within the state. A substantial portion of this deficit has been met in the past by the sale by Georgia institutional lenders of residential mortgages to out-of-state sources, including federal mortgage finance agencies, outof-state institutional loan buyers, and the public capital markets. In recent years, increasingly high interest rates have created an acute shortage of mortgage funds from these traditional sources. This short age is inimical to the safety, health, and welfare of the residents of this state and the sound growth of its communities. In order to supply the need in Georgia for residential mortgage funds, it is necessary to im plement a public program to make Georgia residential mortgages more sakble to sources of capital.
(b) The General Assembly declares that the purposes of this part are to establish secondary market facilities for home mortgages, to provide that the operations thereof shall be financed by private capital to the maximum extent feasible, and to authorize such facilities to pro vide supplementary assistance to the secondary market for home

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mortgages by providing a degree of liquidity for mortgage in vestments, thereby improving the distribution of investment capital available for home mortgage financing; and to provide assistance for the financing of home mortgages as a means of retarding or stopping a decline in mortgage lending and home building activities which materially threatens the stability of a high level state economy.
8-3-190.2. As used in this part, the term:
(1) 'Board' means the board of directors of the corporation.
(2) 'Corporation' means the Georgia Secondary Market Corpora tion.
(3) 'Custodial agent' means a bank or trust company having trust powers having a place of business in Georgia and authorized to do business in Georgia and designated as such by the corporation.
(4) 'Default' means default by an issuer of payment of a security or performance of any of its obligations under a guarantee.
(5) 'Eligible issuer' or 'issuer' means a mortgage lender qualifying as an 'eligible issuer' as provided in Code Section 8-3-192.6.
(6) 'Guarantee' means a guarantee of the corporation regarding securities entered into pursuant to Code Section 8-3-192.
(7) 'Mortgage' means a mortgage, deed of trust, or deed to secure debt covering a fee simple estate which is accompanied by a prom issory note, the holder of which is a mortgage lender.
(8) 'Mortgage capital certificates' means the obligations of the authority issued pursuant to Code Section 8-3-193 hereof.
(9) 'Mortgage lender' means any bank or trust company, savings and loan association, savings bank, insurance company, or mortgage banker or mortgage broker authorized to deal in mortgages. Such mortgage lender shall have a place of business in Georgia and shall be authorized to do business in Georgia.
(10) 'Mortgage pool' or 'pool' means a pool of mortgages meeting, to the satisfaction of the corporation, the requirements of Code Sec tions 8-3-192.3 and 8-3-192.4 exclusively pledged by an issuer for the payment of securities.
(11) 'Securities' means the straight pass-through securities and modified pass-through securities described in subsection (a) of Code Section 8-3-192.3 issued by issuers and secured by a mortgage.
Subpart 2
8-3-191. There is created the Georgia Secondary Market Corpora tion. The corporation constitutes a public instrumentality and a political subdivision of the state, and the exercise of the powers con ferred by this part shall be deemed and held to be the performance of an essential public function.

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8-3-191.1. (a) The corporation shall be governed and all of its cor porate powers, duties, and functions shall be exercised by a board of directors. The board of directors shall be composed of 11 members, who shall be the same persons who are serving and who shall serve as members of the Georgia Residential Finance Authority pursuant to Code Section 8-3-174. The executive director of the corporation, or president, if designated by such title by the board of directors, shall be an ex officio nonvoting member of the board of directors.
(b) The provisions of Code Section 8-3-174 pertaining to the authority are incorporated by reference into this subsection and shall apply to the board of directors in the same manner as it fully sets out, with conformable language, in this subsection. The board of directors shall organize and conduct its affairs in accordance with such provi sions of law; provided, however:
(1) That nothing in this subsection shall be construed to mean that the board of directors must elect the same persons to serve as officers of the board of directors as are elected by the board of directors of the authority to serve as officers of the board of directors of the authority;
(2) That no person serving as a public member of the authority and thereby as a director of the corporation shall receive more than one day's per diem, plus actual expenses incurred, for one day's ser vice or portion thereof rendered to the state; and
(3) That the limitation as to the number of days during any fiscal year that a per diem may be paid to a public member of the authority shall be exclusive of services rendered by such person as a director of the corporation.
(c) The Attorney General shall provide legal services for the cor poration and in connection therewith Code Section 45-15-13 through 45-15-16 shall be fully applicable.
8-3-191.2. (a) The board of directors shall appoint an executive director, or president, if designated by such title by the board of direc tors, who shall be the chief administrative officer of the corporation and serve at the pleasure of the board.
(b) The board shall create any other offices within the corporation as it deems necessary for the operation of the corporation and shall appoint qualified persons to fill any such offices created.
(c) Persons appointed under subsections (a) and (b| shall perform such executive functions, powers, and duties as may be prescribed by the board under regulations and bylaws and shall be considered ex ecutive officers of the corporation.
(d) The corporation may also employ technical experts and other personnel as is necessary for the conduct of business of the corpora tion.

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(e) The executive director, officers, and other personnel autho rized to be employed by the corporation in this Code section, may also be simultaneously employed by the Georgia Residential Finance Authority; provided, however, that the salaries and expenses associated with any officer or employee simultaneously employed by the corporation and the authority must be properly allocated between the corporation and the Georgia Residential Finance Authority.
8-3-191.3. The chief administrative officer shall prepare an annual budget at least 90 days prior to the close of the fiscal year, pursuant to his activities under this part. The chairperson shall then present it for adoption to the board of directors.
8-3-191.4. The board shall authorize the guarantee or sale of obligations or securities and shall approve other major contractual agreements. Any other contractual agreements or debt obligations may be approved by the chief administrative officer pursuant to regulations of the board.
8-3-191.5. (a) The corporation shall have power:
(1) To adopt, alter, and use a corporate seal, which shall be judicially noticed;
(2) To enter into and perform contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this part on such terms as it may deem appropriate, with the Georgia Residential Finance Authority, any government agency, or with any person, firm, association, or corporation;
(3) To execute, in accordance with its bylaws, all instruments necessary or appropriate in the exercise of any of its powers;
(4) To sue and to be sued in its corporate name and to complain and defend in any state or federal court of competent jurisdiction, but no attachment, injunction, or other similar process shall be issued against the property of the corporation or against the corporation with respect to its property;
(5) To lease, purchase, or acquire any property, and to sell, for cash or credit, lease, or otherwise dispose of the same, at such time and in such manner as and to the extent that it may deem necessary or appropriate to procure insurance against any loss in connection with its property and other assets, in such amounts and from such insurers as it deems desirable;
(6) To borrow money and issue and guarantee payment of prin cipal and interest on securities as provided in this part;
(7) To prescribe, repeal, and amend or modify rules, regulations, bylaws, or requirements governing the manner in which its general business may be conducted;
(8) To accept gifts or donations of services, or of property, real, personal, or mixed, tangible or intangible, in aid of any of its pur poses;

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(9) To borrow funds from the Georgia Residential Finance Authority for the purpose of beginning operations, such loans to be made at competitive rates of interest and repaid from funds available for general corporate purposes; and
(10) To do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business.
(b) The corporation shall have the power to select and appoint or employ such officers, employees, and agents, to vest them with such powers and duties, and to fix such compensation to them for their ser vices, as it may determine; and any such action shall be without regard to the state civil service and classification laws. Appointments, promotions, and separations so made shall be based on merit and effi ciency, and no political tests or qualification shall be permitted or given consideration.
8-3-191.6. The exercise of the powers specified in this part will be in all respects for the benefit of the people of the state, for their wellbeing and prosperity, and for the improvement of their socioeconomic conditions, and the corporation shall not be required to pay any tax or assessment on any property owned by the corporation under the pro visions of this part or upon the income therefrom.
Subpart 3
8-3-192. (a) The corporation is authorized to guarantee the timely payment of principal and interest on such securities as shall be based on and backed by a pool composed of mortgages meeting the re quirements of Code Section 8-3-192.3 of this part. In the event the issuer is unable to make any payment of principal or of interest on any security guaranteed under this Code section, the corporation shall make such payment as and when due in cash, and thereupon shall be subrogated fully to the rights satisfied by such payment.
(b) Any other laws to the contrary notwithstanding, the corpora tion is empowered in connection with any guarantee under this Code section, whether before or after any default, to provide by contract with the issuer for the extinguishment, upon default by the issuer, of any redemption, equitable or legal, or other right, title, or interest of the issuer in any mortgage or mortgages constituting the pool against which the guaranteed securities are issued and for the transfer of such mortgage or mortgages to the corporation as the absolute proper ty of the corporation subject only to unsatisfied rights therein of the holders of the securities.
(c) The guarantee provided under this Code section shall not con stitute a debt or obligation of the State of Georgia or any agency or in strumentality thereof other than the corporation.

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8-3-192.1. (a) A mortgage lender shall be eligible to issue and ser vice mortgage-backed securities guaranteed by the corporation if such mortgage lender qualifies as an eligible issuer. In order to qualify as an eligible issuer, a mortgage lender must:
(1) Have adequate experience, management capability, and facilities to issue and service mortgage-backed securities, as determin ed by the corporation;
(2) Be authorized to do business in the State of Georgia;
(3) Own at all times, except as may otherwise be provided in Code Section 8-3-192.8, mortgage capital certificates issued pursuant to Code Section 8-3-193 with a total face amount equal to a minimum amount fixed by the corporation; and
(4) Meet the requirements, conditions, and limitations which may be imposed by the bylaws or regulations of the corporation.
(b) The corporation shall not make a commitment to guarantee, or guarantee, pursuant to a commitment or otherwise, any issue of mortgage-backed securities unless the mortgage lender requesting such commitment or guarantee then qualifies as an eligible issuer.
(c) A mortgage lender shall not qualify as an eligible issuer at any time in which the lending policies of the issuer permit any discrimina tion based on race, religion, color, national origin, age, or sex of a bor-

(d) A mortgage lender shall qualify as an eligible issuer only so long as it conducts its business operations in accordance with ac cepted mortgage-lending practices, ethics, and standards, as deter mined by the corporation, and shall maintain its books and records in accordance with generally accepted accounting principles.
je) In the event that a mortgage lender which is qualified as an eligible issuer should subsequently fail to comply with any of the re quirements prescribed in this Code section, the corporation may withhold further commitments to guarantee securities until such time as the corporation is satisfied that the mortgage lender has resumed business operations in compliance with such requirements.
(f) If any issuer, subsequent to the issuance of securities guaranteed by the corporation, should fail in a material way to be in compliance with any of the requirements prescribed in this Code sec tion or in the guarantee agreement, the corporation may bring pro ceedings to disqualify such issuer, in accordance with the following procedure: The corporation shall serve the issuer, by hand delivery or by certified or registered mail, with a written notice stating the facts incident to such failure and setting forth such affirmative re quirements as the corporation may consider necessary to correct such failure in accordance with such procedures as may be set forth in the guarantee agreement.

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8-3-192.2. (a) Securities to be issued pursuant to the provisions of this Code section may, at the option of the issuer, be of one of the following types, but only one of such types may be issued against any single pool of mortgages:
(1) Straight pass-through securities, which provide for the pay ment by the issuer to the holders of a proportionate share of the pro ceeds of principal and interest, as collected, on account of a pool of mortgages, less servicing fees and other specified costs approved by the corporation; and
(2) Modified pass-through securities, which provide for such pay ment, whether or not collected, of both specified principal in stallments and a rate of interest on the unpaid principal balance, with all prepayments being passed through to the holder.
jb) In the case of delinquent mortgages in a pool backing modified pass-through securities, the issuer is required to make advances if necessary to maintain the specified schedule of interest and principal payments to the holders, or at its option, at any time 90 days or more after default of any such mortgage, the issuer may repurchase such mortgage.
(c) Both straight pass-through and modified pass-through securities must specify the dates on which payments are to be made to the holders thereof, and must indicate the accounting period for col lections on the pool's mortgages relating to each such payment, and the securities must also specify a date on which the entire principal to be collected will have been paid or will be payable.
(d) Each issue of securities must be in a minimum face amount of $1 million, provided that in the case of modified pass-through securities based on and backed by mortgages on mobile homes said minimum face amount is $400,000.00. The total face amount of any issue of securities cannot exceed the aggregate unpaid principal balances of the mortgages in the pool.
(e) The face amount of any security cannot be less than $25,000.00.
(f) Securities are transferable, but the share of the proceeds col lected on account of the pool of mortgages may not be payable to more than one holder with respect to any security.
(g) The mortgages comprising a particular pool are not required to have been originated by the same mortgage lender, so long as all such mortgages are originated by eligible issuers.
8-3-192.3. (a) Each issue of securities must be backed by a separate pool of mortgages which:
(1) Are covered by policies of title insurance, hazard insurance, and other types of insurance prescribed in regulations issued by the corporation; and

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(2) Meet such other standards of acceptability as may be pre scribed by the corporation.
(b) Any mortagage within a pool shall be replaced or repurchased by the issuer if found defective by the corporation at any time prior to four months after the date on which the corporation issues its guarantee of the securities, and the documents pertaining to said guarantee shall so provide.
8-3-192.4. The corporation will not guarantee securities if the pool proposed by the issuer does not satisfactorily provide for:
(1) Servicing of the mortgages in the pool;
(2) Timely payment of principal and interest, in accordance with the terms of the securities;
(3) Notification to the corporation of an impending default, on the part of the issuer, inadequate time for the corporation to make timely payments on the securities;
(4) Delivery to a designated custodial agent satisfactory to the cor poration of the mortgage notes or other evidence of indedtedness secured by the mortgages in the pool and protection of the corpora tion interest in all assets in the pool as collateral for its guarantee; and
(5) All mortgages within a pool carry the same mortgage interest rate.
8-3-192.5. The issuer shall maintain fidelity bond coverage acceptable and payable to the corporation that assures the faithful performance of the fiduciary responsibilities of the issuer.
8-3-192.6. (a) With respect to straight pass-through securities, the corporation may guarantee the timely payment to the securityholder of the proceeds of principal and interest, as collected, as undertaken in the corporation's guarantee appearing on the face of the security. With respect to modified pass-through securities, the corporation may guarantee the timely payment, whether or not collected, of the fixed rate of interest on the outstanding balance and the specified principal installments, as undertaken in the corporation's guarantee appearing on the face of the security. As to straight pass-through securities, any failure or inability of the issuer to make payments as due to the holders of the securities from the proceeds from the pool of mortgages which have been collected, or because of failure to make collections under reasonable and accepted standards of mortgage servicing, shall constitute a default of the issuer. As to modified pass-through securities, any failure or inability of the issuer to make fixed or other payments as due as well as such other failures as may be identified by the corporation and included in the guarantee agreement, shall be deemed such a default.
(b) Upon any default by the issuer and payment under its guarantee by the corporation, or any failure of the issuer to comply with the terms of the guarantee agreement, the corporation may in-

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stitute a claim against the issuer's fidelity bond, or may pursuant to Code Section 8-3-192, extinguish all the right, title, or other interest of the issuer and make the mortgages the absolute property of the cor poration subject only to unsatisfied rights therein of the holders of the securities, or the corporation may do both.
8-3-192.7. The corporation shall establish a schedule of applica tion and guarantee fees, which may vary for straight pass-through and modified pass-through issuances, and of such fees as it may determine to be reasonable for the analysis of any trust or other security arrange ment proposed by the issuer. The corporation may alter the schedule of fees as it reasonably deems appropriate. To assure that to the max imum extent and as rapidly as possible the corporation will become self-supporting, the schedule of fees should be established according to sound business practices such that the proceeds of such fees are sufficient to fund the corporation's total operating expenses, the guarantee of payment of principal and interest on securities issued pursuant to this part, and the repurchase and retirement of outstand ing mortgage capital certificates.
8-3-192.8. Proceeds of fees charged under Code Section 8-3-192.7 shall be applied to defray the operating expenses of the corporation. Remaining proceeds shall be deposited in the Guarantee Reserve Fund established pursuant to Code Section 8-3-193.5 of this part. When the amount of the Guarantee Reserve Fund equals or exceeds $5 million, or the Minimum Guarantee Reserve Fund Requirement as defined in Code Section 8-3-193.6 is sufficiently funded, whichever is greater, the additional proceeds of fees shall be applied to the pur chase of outstanding mortgage capital certificates.
8-3-192.9. The securities and mortgage capital certificates guaranteed by the corporation pursuant to this part shall be legal in vestments in which all public officers and public bodies of this state, its political subdivisions, all municipalities and municipal subdivi sions, all public and private pension or retirement funds, all insurance companies and associations and other persons carrying on an in surance business, all banks, bankers, banking institutions, including savings and loan associations, building and loan associations, trust companies, savings banks and savings associations, investment com panies, and other persons carrying on a banking business, credit unions, industrial loan companies, all administrators, guardians, ex ecutors, trustees, and other fiduciaries, and all other persons what soever who are now or may hereafter be authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The securities and mortgage capital certificates guaranteed by the corpora tion pursuant to this part may be used by any such private financial institution, person, or association as security for public deposits. The securities and mortgage capital certificates guaranteed by the corpora tion pursuant to this part are also made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law, including deposits to secure public funds.

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Subpart 4
8-3-193. (a) The corporation may issue obligations, mortgage capital certificates, from time to time in an amount outstanding at any one time sufficient to enable the corporation to carry out its functions under this part.
(b) Mortgage capital certificates shall mature not more than 20 years from their respective dates of issue, to be redeemable before maturity at the option of the corporation at such price or prices as may be determined by the corporation. The corporation is authorized to purchase any of its mortgage capital certificates outstanding under this section at any time and at any price.
jc) Mortgage capital certificates of each issue shall be dated, bear interest at such rate, and shall have such other terms and conditions as may be determined by the corporation.
(d) The corporation shall determine the form of the mortgage capital certificates, including any interest coupons to be attached thereto, and shall fix the denomination or denominations and the place or places and medium of payment of principal and interest thereof.
(e) All mortgage capital certificates shall be executed in the name of the corporation by the chairman and secretary of the corporation and shall be sealed with the official seal of the corporation or a fac simile thereof. Coupons shall be executed in the name of the corpora tion by the chairman of the corporation. The facsimile signature of either the chairman or the secretary of the corporation may be im printed in lieu of the manual signature if the corporation so directs and the facsimile of the chairman's signature shall be used on coupons. Mortgage capital certificates and interest coupons appurte nant thereto bearing the manual or facsimile signature of a person in office at the time the signature was signed or imprinted shall be fully valid notwithstanding the fact that before or after the delivery thereof such person ceased to hold such office. The corporation also may pro vide for the authentication of mortgage capital certificates by a trustee or fiscal agent.
(f) All mortgage capital certificates shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the state including the Uniform Commercial Code.
(g) The mortgage capital certificates may be issued in coupon or in registered form, or both, as the corporation may determine, and provi sion may be made for the registration of any coupon mortgage capital certificate as to principal alone and also as to both principal and in terest.
(h) The corporation may sell such bonds at public or private sale in such manner and for such price as it may determine to be for the best interests of the corporation.

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(i) Prior to the preparation of definitive mortgage capital cer tificates, the corporation may issue interim receipts, interim cer tificates, or temporary mortgage capital certificates exchangeable for definitive mortgage capital certificates upon the issuance of the latter. The corporation may also provide for the replacement of any mort gage capital certificate which shall become mutilated or destroyed or lost. Such mortgage capital certificates may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this part.
(j) The corporation is authorized to provide by resolution for the issuance of refunding mortgage capital certificates of the corporation for the purpose of refunding any mortgage capital certificates issued under the provisions of this part and then outstanding, together with accrued interest thereon. The issuance of such refunding mortgage capital certificates and all other details thereof, the rights of the holders thereof, and the duties of the corporation in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable.
(k) Any resolution providing for the issuance of mortgage capital certificates under the provisions of this part shall become effective immediately upon its adoption by a majority vote of the board and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the corpora tion by a majority of the board.
(1) All mortgage capital certificates shall be executed, confirmed, and validated under, and in accordance with, Article 3 of Title 36, known as the 'Revenue Bond Law,' except as otherwise provided in this part. The venue for all validation proceedings pursuant to this part shall be Fulton County, and the Superior Court of Fulton County shall have exclusive trial court jurisdiction over such proceedings. Mortgage capital certificates issued shall have a certificate of validating bearing the facsimile signature of the clerk of the Fulton County Superior Court stating the date on which said bonds were validated and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. The corporation shall reimburse the district attorney for his actual costs associated with the bond validation proceedings, if any. The fees payable to the clerk of the Fulton County Superior Court for validation and confirmation shall be as follows for each certificate, regardless of the denomination of such certificate: $1.00 each for the first 100 certificates, 25<t for each of the next 400 certificates, and 10<t each for each such certificate over 500.
8-3-193.1. The state pledges to and agrees with the holders of any mortgage capital certificates issued under this part that the state will not limit or alter in any way materially detrimental to the portion of such holders the powers of the corporation to fulfill the terms of any agreements made with the holders thereof or in any way materially impair the rights and remedies of such holders until such mortgage capital certificates, together with the interest

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thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The corporation is authorized to include this pledge and agreement of the state in any agreement with the holders of such mortgage capital certificates.
8-3-193.2. (a) No guarantee issued by the corporation under the provisions of this part or mortgage capital certificate issued under the provisions of this part shall be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the corporation, or a pledge of the faith and credit of the state or of any such political subdivision, other than the corporation, but shall be payable solely from funds herein provided therefor. All such mortgage capital certificates and securities evidencing the cor poration's guarantees and any prospectus or other printed represen tation of the corporation concerning such mortgage capital cer tificates or guarantees shall contain on the face thereof a statement to the following effect: 'Neither the faith and credit or the taxing power of the State of Georgia is pledged to the payment of the prin cipal of or interest on this security.'
(b) The issuance of mortgage capital certificates and guarantees by the corporation shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any ap propriation for their payment.
(c) Nothing contained in this Code section shall prevent or be construed to prevent the corporation from pledging its full faith and credit to the payment of mortgage capital certificates or guarantees or to issue the mortgage capital certificates or guarantees authorized pursuant to this part.
8-3-193.3. Proceeds derived from the issuance of mortgage capital certificates and any interest or other increment derived from the investment thereof may be used for any of the purposes of the corporation, including, but not limited to, operating costs, payments into the Guarantee Reserve Fund, and other expenses.
8-3-193.4. (a) The corporation shall create and establish the Georgia Secondary Market Fund; provided, further, the corporation shall create and establish a special account in the Georgia Secondary Market Fund, which shall be known as the 'Guarantee Reserve Fund' and shall pay into the Guarantee Reserve Fund:
(1) Any proceeds from the sale of mortgage capital certificates to the extent such proceeds are not applied to the corporation's operating costs;
(2) Moneys charged as fees by the corporation under Code Sec tion 8-3-192.7 to the extent such moneys are not applied to the cor poration's operating costs; and

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(3) Any other moneys which the corporation may make available for the purpose of the Guarantee Reserve Fund from any other source or sources; provided, however, that payments into the Guarantee Reserve Fund are not required by this Code section whenever the amount of the Guarantee Reserve Fund equals or ex ceeds the Minimum Guarantee Reserve Fund Requirement.
(b) All moneys held in the Guarantee Reserve Fund, except as otherwise provided in this Code section, shall be used, as required, solely for the payment of principal and interest on securities guaranteed by the corporation pursuant to this part. Any income or interest earned by, or increment to the Guarantee Reserve Fund due to the investment thereof may be transferred by the corpora tion to other funds or accounts of the corporation to the extent such transfer does not reduce the amount of the Guarantee Reserve Fund below the Minimum Guarantee Reserve Fund Requirement.
(c) In computing the amount of the Guarantee Reserve Fund for purposes of this Code section, securities in which all or a portion of the Guarantee Reserve Fund is invested shall be valued at par if purchased at par and shall be valued at amortized value, as such term is defined by resolution of the corporation, if purchased at other than par.
8-3-193.5. (a) For each issue of securities guaranteed by the cor poration pursuant to this part, the corporation shall determine ac cording to sound actuarial and business practices the amount, if any, by which the Guarantee Reserve Fund should be increased to ensure the continued payment of principal and interest on such securities in the event of default by the issuer. This amount shall be set forth in the resolution or resolutions of the corporation authorizing the guarantee of such issue of securities. As of any par ticular date of computation, the total of such amounts for all outstanding securities guaranteed by the corporation shall be the Minimum Guarantee Reserve Fund Requirement.
(b) The corporation shall not at any time guarantee the payment of principal and interest on securities issued pursuant to this part if, upon issuance of the securities, the amount in the Guarantee Reserve Fund will be less than the Minimum Guarantee Reserve Fund Requirement.
8-3-193.6. The corporation shall create and establish such other accounts in the Georgia Secondary Market Fund as it may deem necessary or desirable.
8-3-193.7. Moneys of the corporation not invested in operating facilities shall be kept in cash on hand or on deposit or invested in obligations, participations, or other instruments which are lawful investments for fiduciary, trust, or public funds."
Part 3
Section 37. (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.

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(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 38. All laws and parts of laws in conflict with this Act are repealed.

Senator Wessels of the 2nd moved that the Senate agree to the House substitute to SB 728 as amended by the following amendment:
Amend the House substitute to SB 728 by striking from lines 18 and 19 on Page 9 the following:
"The corporation constitutes a public instrumentality and a political subdivision of the state,",
and inserting in lieu thereof the following:
"The corporation shall be an instrumentality of the State of Georgia and a public corporation,''.
By striking from lines 8, 9, and 10 on Page 35 and following:
"The corporation constitutes a public instrumentality and a political subdivision of the state,",
and inserting in lieu thereof the following:
"The corporation shall be an instrumentality of the State of Georgia and a public corporation,".

Senator Wessels of the 2nd moved that the Senate agree to the House substitute to SB 728 as amended by the Senate.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood
Ballard Barnes Bond Bowen Brannon Brantley Bryant Cobb Coverdell Deal Eldridge English
Engram

Evans
Fincher of 52nd Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield

McGill
McKenzie Robinson Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

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Those not voting were Senators:

Barker Bell Broun of 46th Brown of 47th Coleman Dean

Fincher of 54th Foster Garner Holloway (presiding) Hudson

Reynolds Scott Starr Stephens Tate

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 728 as amended by the Senate.

The following resolution of the Senate was taken up for the purpose of con sidering the House amendment thereto:

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 House amendment was as follows: Amend SR 226 by striking from lines 2 and 3 of Page 3 the follow
ing: "seven members",
and inserting in its place the following: "four members".
By striking from line 27 of Page 3 the following: "ISdays",
and inserting in its place the following: "ten days".

Senator Horton of the 17th moved that the Senate agree to the House amend ment to SR 226.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bond

Bowen Brannon Broun of 46th

Bryant Cobb Coleman

Coverdell Deal Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene

FRIDAY, MARCH 26, 1982

Hill Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill McKenzie Robinson

Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Barker Bell Brantley

Brown of 47th Dean Holloway Hudson

Reynolds Scott Starr Tate

3545

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 226.
The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:
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 Annotated, 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.
The Conference Committee Report on HB 1349 was as follows:
The Conference Committee on HB 1349 recommends that both the Senate and the House of Representatives recede from their positions

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and that the attached Conference Committee Substitute to HB 1349 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/Kyle T. Cobb Senator, 28th District

/s/Bob Hanner Representative, 130th District

Is/]. Nathan Deal Senator, 49th District

/s/William S. Jackson Representative, 77th District

/s/Jimmy Hodge Timmons Senator, llth District

/s/Tom Ramsey Representative, 3rd District

Conference Committee substitute to HB 1349:
A BILL
To be entitled an Act to amend Chapter 13 of Title 16 of the Of ficial Code of Georgia Annotated, relating to controlled substances, so as to change the definition of the term "counterfeit substance"; to define the term "noncontrolled substance"; to provide for the defini tion of additional terms; to make it unlawful to manufacture, deliver, distribute, dispense, or sell a noncontrolled substance upon the ex press or implied representation that the substance is a narcotic or nonnarcotic controlled substance or upon the express or implied represen tation that the substance is of such nature or appearance that the recipient of said delivery will be able to distribute said substance as a controlled substance or that the substance will have the same phar macological action or effect as a controlled substance; to provide for prima-facie evidence of the implied representation; to provide that a certain belief on the part of the accused is no defense; to provide for exemptions; to provide for penalties; to provide for forfeiture of cer tain property; 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. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking in its entirety paragraph (6) of Code Section 16-13-21 and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Counterfeit substance' means:
(A) A controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the con trolled substance;

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(B) A controlled substance or noncontrolled substance, which is held out to be a controlled substance or marijuana, whether in a container or not which does not bear a label which accurately or truthfully identifies the substance contained therein; or
(C) Any substance, whether in a container or not, which bears a label falsely identifying the contents as a controlled substance.''
Section 2. Said chapter is further amended by adding after paragraph (28) of Code Section 16-13-21 a new paragraph (29) to read as follows:
"(29) 'Noncontrolled substance' means any drug or other substance other than a controlled substance as defined by paragraph (4) of this Code section."
Section 3. Said chapter is further amended by adding between Code Sections 16-13-30 and 16-13-31 a new Code section, to be designated Code Section 16-13-30.1, to read as follows:
"16-13-30.1. (a) (1) It is unlawful for any person knowingly to manufacture, deliver, distribute, dispense, possess with the intent to distribute, or sell a noncontrolled substance upon either:
(A) The express or implied representation that the substance is a narcotic or nonnarcotic controlled substance;
(B) The express or implied representation that the substance is of such nature or appearance that the recipient of said delivery will be able to distribute said substance as a controlled substance; or
(C) The express or implied representation that the substance has essentially the same pharmacological action or effect as a controlled substance.
(2) The definitions of the terms 'deliver,' 'delivery,' 'distribute,' 'dispense,' and 'manufacture' provided in Code Section 16-13-21 shall not be applicable to this Code section; but such terms as used in this Code section shall have the meanings ascribed to them in the ordinary course of business.
(b) An implied representation may be shown by proof of any two of the following:
(1) The manufacture, delivery, distribution, dispensing, or sale in cluded an exchange or a demand for money or other valuable proper ty as consideration for delivery of the substance and the amount of such consideration was substantially in excess of the reasonable value of the noncontrolled substance;
(2) The physical appearance of the finished product containing the substance is substantially identical to a specific controlled substance;

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(3) The finished product bears an imprint, identifying mark, number, or device which is substantially identical to the trademark, identifying mark, imprint, number, or device of a manufacturer licensed by the Food and Drug Administration of the United States Department of Health and Human Services.
(c) In any prosecution for unlawful manufacture, delivery, distribution, possession with intent to distribute, dispensing, or sale of a noncontrolled substance, it is no defense that the accused believed the noncontrolled substance to be actually a controlled substance.
(d) The provisions of this Code section shall not prohibit a duly licensed business establishment, acting in the usual course of business, from selling or for a practitioner, acting in the usual course of his professional practice, from dispensing a drug prepara tion manufactured by a manufacturer licensed by the Food and Drug Administration of the United States Department of Health and Human Services for over-the-counter sale which does not bear a label stating 'Federal law prohibits dispensing without a prescrip tion' or similar language meaning that the drug preparation requires a prescription.
(e) The unlawful manufacture, delivery, distribution, dispens ing, possession with the intention to distribute, or sale of a noncon trolled substance in violation of this Code section is a felony and, upon conviction thereof, such person shall be punished by im prisonment for not less than one year nor more than ten years or by a fine not to exceed $25,000.00, or both.
(f) All property which would be subject to forfeiture under the provisions of subsection (a) of Code Section 16-13-49 for a violation of this article which is used, or intended for use, to facilitate, or is de rived from, a violation of this Code section and any noncontrolled substance which is manufactured, distributed, dispensed, possessed with the intent to distribute, or sold in violation of this Code section are declared to be contraband and there shall be no property interest therein. Any property or noncontrolled substance which is subject to the provisions of this subsection shall be forfeited in accordance with the procedures of Code Section 16-13-49.''
Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or un constitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or un constitutional 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 ad judged invalid or unconstitutional.
Sections. This Act shall become effective November 1, 1982.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, MARCH 26, 1982

3549

Senator Cobb of the 28th moved that the Senate adopt the Conference Com mittee Report on HB 1349.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon Brantley Bryant Cobb Coleman Coverdell Deal Eldridge English Engram Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land Lester McGill McKenzie

Robinson Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Wessels

Those not voting were Senators:

Ballard Barker Bell Bond Broun of 46th

Brown of 47th Dean Evans Garner Holloway (presiding)

Hudson Littlefield Reynolds Scott Walker

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1349.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 379. By Senators Tysinger of the 41st, Stephens of the 36th, Ballard of the 45th and others:
A bill to amend Code Chapter 56-5, relating to rates for certain types of insurance, as amended, so as to change the provisions relating to definitions; to change the provisions relating to the application of said Code chapter.

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The House has passed, as amended, by the requisite constitutional majority the following bill 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 provisions of policies of insurance which have been approved by the Insurance Commissioner of the State of Georgia; to amend the Of ficial Code of Georgia Annotated accordingly.

The following resolution of the Senate was taken up for the purpose of con sidering the House substitute thereto:

SR 271. By Senators Starr of the 44th and Foster of the 50th: A resolution creating the School Finance Study Commission.

The House substitute to SR 271 was as follows:

A RESOLUTION
Creating the School Finance Study Commission; and for other pur poses.
WHEREAS, the Georgia Supreme Court on November 24, 1981, upheld the constitutionality of the existing system of financing public education in Georgia; and
WHEREAS, while holding that the existing finance system is con stitutional, the court expressed its opinion that ". . .serious disparities in educational opportunities exist in Georgia and that legislation cur rently in effect will not eliminate them"; and
WHEREAS, the court observed that the resolution of the problems it noted should most appropriately be addressed by the General Assembly and not the courts of our state; and
WHEREAS, the ruling of the Supreme Court should serve as an in centive to the General Assembly to resolve the serious school finance problems highlighted by the recent litigation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the School Finance Study Commission is created which shall be composed of 11 members as follows:
(a) Three members of the Senate appointed by the President of the Senate;

FRIDAY, MARCH 26, 1982

3551

(b) Three members of the House of Representatives appointed by the Speaker of the House of Representatives;
(c) Three members appointed by the Governor at the sole discre tion of the Governor;
(d) The State Superintendent of Schools or his designee; and
(e) The chairman of the State Board of Education or his designee.
BE IT FURTHER RESOLVED that the commission shall conduct a comprehensive study of the existing system of financing the public schools of this state. By way of example but not of limitation, the com mission's study may include the development of information and recommendations on any of the following subjects:
(a) The appropriate funding relationships between local school districts and the state;
(b) Pupil weighting, recognition of needs of the physically and educationally handicapped, and other similar factors that may reasonably relate to school finance considerations;
(c) Programs to equalize the revenue-producing ability of the various school systems such as the district power equalizing provision currently in effect but not funded in Georgia and similar provisions in the laws of other states;
(d) The organizational structure of school systems in Georgia, in cluding how the number and size of the various school systems relate to an adequate and equitable program of school finance; and
(e) The tax policy ramifications of any school finance alternatives considered or recommended.
BE IT FURTHER RESOLVED that the various departments and agencies of the state government shall cooperate with and assist the commission in carrying out its duties under this resolution.
BE IT FURTHER RESOLVED that the organizational meeting of the commission 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 commission shall elect a chairman from its own membership and such other officers from its own membership as the commission finds necessary or desirable. The commission shall adopt its own rules of procedure and may meet at such times and places as the commission shall determine.
BE IT FURTHER RESOLVED that the legislative members of the commission shall receive the expenses and allowances provided by law for legislative members of interim committees for attending meetings of the commission. Members of the commission who are private citizens shall be reimbursed for actual and necessary expenses and travel expenses in the same manner and at the same rate as state

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employees for attending meetings of the commission. State officials or employees who serve on the commission shall be reimbursed for ac tual and necessary expenses and travel expenses for attending meetings of the commission from the funds of their respective state departments or agencies. The members of the commission may meet not exceeding ten days to carry out the purposes of this resolution. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legislative branch of state government.
BE IT FURTHER RESOLVED that the commission 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 ses sion in 1983, on which date the commission shall stand abolished.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SR 271 as amended by the following amendment:

Amend the House substitute to SR 271 by striking on Page 1, line 20 the number "11" and inserting in lieu thereof the number "15"; and by striking on Page 2, line 1, the word "Three" and inserting in lieu thereof the word "Seven''.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Howard Hudgins Kennedy Kidd Lester Littlefield McGill McKenzie

Robinson Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bell Bond Dean

Evans Garner Holloway (presiding) Horton

Hudson Land Reynolds Scott

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3553

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 271 as amended by the Senate.

The following bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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 chapter establishing children's responsibility for cost of nursing home care of their parents.
Senate Sponsor: Senator Howard of the 42nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge

English Engram Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Lester

Those not voting were Senators:

Ballard Bell Bond Dean Evans

Garner Holloway (presiding) Hudgins Land Littlefield

McGill McKenzie Robinson Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Wessels
Reynolds Scott Stephens Walker

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 Annotated, relating to certificates of title, security interests, and liens, so as to change certain penalty provisions; to provide an effective date.

The House substitute to SB 696 was as follows:

A BILL
To be entitled an Act to amend Chapter 3 of Title 40 of the Of ficial Code of Georgia Annotated, relating to certificates of titles, security interests, and liens, so as to require the Georgia Bureau of In vestigation to inspect certain motor vehicles to ensure that the word "Rebuilt" is affixed thereto; to require that the word "Rebuilt" be af fixed to certain motor vehicles in certain locations; 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 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of titles, security interests, and liens, is amended by striking paragraph (1) of subsection (b) of Code Section 40-3-35.1 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(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, verification that the word 'Rebuilt' is permanently affixed as re quired by subsection (c) of this Code section, and verification that the motor vehicle conforms to all safety equipment standards re quired 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 Code 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 commis sioner of the results of each inspection.''

FRIDAY, MARCH 26, 1982

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Section 2. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 40-3-35.1 in its entirety and insert ing in lieu thereof a new paragraph (1) to read as follows:
"(1) (A) Upon inspection by the Georgia Bureau of Investiga tion, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component 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.
(B) If it is determined that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring such motor vehicle shall, prior to the inspection by the Georgia Bureau of Investigation, cause the word 'Rebuilt' to be permanently affixed to said motor vehicle. The word 'Rebuilt' shall be affixed in a clear and conspicious manner to the door post or such other location as the commissioner may prescribe. The word 'Rebuilt' shall be stamped on the motor vehi cle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The re quirement of this subparagraph (B) shall only apply to motor vehicles restored after November 1, 1982."
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.

Senator Greene of the 26th moved that the Senate agree to the House substitute to SB 696.

On the motion, 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 Eldridge English
Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene

Hill Horton Howard Kennedy
Kidd Littlefield
McGill McKenzie Robinson Starr Stumbaugh Summers

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JOURNAL OF THE SENATE

Timmons Trulock Turner

Tysinger Wessels

Voting in the negative was Senator Lester.

Those not voting were Senators:

Ballard Bell Dean Holloway (presiding)

Hudgins Hudson Land Reynolds

Scott Stephens Walker

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 696.
The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:
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 provisions of policies of insurance which have been approved by the Insurance Commissioner of the State of Georgia; to amend the Of ficial Code of Georgia Annotated accordingly; to provide for effective dates.
The House amendments were as follows:
Amendment No. 1:
Amend SB 593 by adding on line 22 of Page 1 after the following:
"obligations;",
the following:
"to provide for conditions and exceptions;".
By adding between lines 24 and 25 of Page 2, between lines 14 and 15 of Page 3, between lines 5 and 6 of Page 4, and between lines 29 and 30 of Page 4 the following:
"(c) Subsections (a) and (b) of this Code section shall not operate to deny coverage for failure to send a copy of a summons or other process relating to policy coverage if such documents are

FRIDAY, MARCH 26, 1982

3557

sent by a third party to the insurer or to the insurer's agent by cer tified mail within ten days of the filing of such documents with the clerk of the court. If the name of the insurer or the insurer's agent is unknown, the third party shall have a period of 30 days from the date the insurer or agent becomes known in which to send these re quired documents. Such documents must be sent to the insurer or agent at least 30 days prior to the entry of any judgment against the insured."

Amendment No. 2:
Amend SB 593 by adding a new paragraph to Part 1 Section 1, to Section 2, to Section 3 Part 2, and to Section 4 to read as follows:
"In the event the insurer denies coverage and it is determined by declaratory judgment or other civil process that there is in fact coverage, the insurer shall be liable to the insured for legal cost and attorney's fees as may be awarded by the court."

Senator Allgood of the 22nd moved that the Senate agree to the House amendments to SB 593.

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 Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Bell Dean

Holloway (presiding) Horton

McGill McKenzie Robinson Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Reynolds Scott

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 593.

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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 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 House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Trulock of the 10th.

Senator Trulock of the 10th offered the following amendment:
Amend HB 1780 by striking from lines 22 through 25 of Page 1 the following:
"and a normally closed solenoid valve located on the suction side of the fertilizer, pesticide, or chemical injection pump.",
and inserting in lieu thereof the following:
". Any system which complied with the law in effect on January 1, 1982, shall be deemed to be in compliance with the pro visions of this section."
By striking from lines 26 through 28 of Page 2 the following:
"and a normally closed solenoid valve located on the suction side of the fertilizer, pesticide, or chemical injection pump.",
and inserting in lieu thereof the following:
". Any system which complied with the law in effect on January 1, 1982, shall be deemed to be in compliance with the pro visions of this subsection."

FRIDAY, MARCH 26, 1982

3559

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:

Ballard Barnes Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Eldridge English

Engram Evans Fincher of 52nd Foster Garner Gillis Greene Howard Kennedy Land Lester Littlefield

McGill Reynolds Scott Starr Stumbaugh Summers Sutton Thompson Timmons Trulock Tysinger Walker

Those not voting were Senators:

Allgood Barker Bell Bond Bowen Bryant Dean

Fincher of 54th Hill Holloway Horton Hudgins Hudson Kidd

McKenzie Robinson Stephens Tate Turner Wessels

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean English

Engram Evans Fincher of 52nd Foster Garner Gillis Hill Howard Land Lester Littlefield McGill

Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Thompson Timmons Trulock Tysinger

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JOURNAL OF THE SENATE

Voting in the negative were Senators Kennedy and Walker.

Those not voting were Senators:

Allgood Barker Bell Bond Brantley Bryant
Eldridge

Fincher of 54th Greene
Holloway Horton Hudgins Hudson

Kidd McKenzie
Stephens Tate Turner Wessels

On the passage of the bill, the yeas were 35, 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 HB 1780.

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 execution of instruments releasing a security agreement.
Senate Sponsor: Senator Littlefield of the 6th.

The Senate Committee on Special Judiciary offered the following substitute toHB371:
A BILL
To be entitled an Act to amend Code Section 22-5106, relating to execution of instruments conveying interest in real property, so as to provide for the execution of instruments releasing a security agree ment; 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 22-5106, relating to execution of in struments conveying interest in real property, is amended by adding at the end thereof a new paragraph to read as follows:
"Instruments executed by a corporation releasing a security agreement, when signed by one officer of the corporation or by an individual designated by the officers of the corporation by proper

FRIDAY, MARCH 26, 1982

3561

resolution, without the necessity of the corporation's seal being at tached, shall be conclusive evidence that said officer signing is duly authorized to execute and deliver the same.",
so that when so amended Code Section 22-5106 shall read as follows:
"22-5106. Execution of Instruments Conveying Interest in Real Property; Presumption of Authority of Executing Officers; Excep tions. Instruments executed by a corporation conveying an interest in real property, with the exception of transfers of and releases from security instruments, when signed by the president or vice president and attested or countersigned by the secretary or assistant secretary or cashier or assistant cashier of the corporation, with the corporation's seal attached, shall be conclusive evidence that said officers signing are duly authorized to execute and deliver the same. Any corporation may, by proper resolution, authorize the ex ecution of such instruments by other officers of the corporation.
Instruments executed by a corporation releasing a security agreement, when signed by one officer of the corporation or by an individual designated by the officers of the corporation by proper resolution, without the necessity of the corporation's seal being at tached, shall be conclusive evidence that said officer signing is duly authorized to execute and deliver the same."
Part 2
Section 2. Code Section 14-5-7 of the Official Code of Georgia An notated, relating to instruments executed by corporations conveying interests in real property, is amended by designating the existing text of the Code section as subsection (a) and adding thereafter a new subsection (b) to read as follows:
"(b) Instruments executed by a corporation releasing a security agreement, when signed by one officer of the corporation or by an individual designated by the officers of the corporation by proper resolution, without the necessity of the corporation's seal being at tached, shall be conclusive evidence that said officer signing is duly authorized to execute and deliver the same."
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 30, nays 0, and the substitute was adopted.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Howard Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Barker Bell Bryant Coverdell Evans

Holloway Horton Hudgins Hudson

McGill Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Tysinger Walker
McKenzie Stephens Turner Wessels

On the passage of the bill, the yeas were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 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 profes sional fund raising, so as to redefine the terms "charitable organiza tion" and "charitable purpose". Senate Sponsors: Senators Bond of the 39th and Robinson of the 27th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 26, 1982

3563

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bond 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 Holloway Howard Kennedy Kidd Land Lester

Those not voting were Senators:

Allgood Barker Bell Bowen Bryant

Hill Horton Hudgins Hudson Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Thompson Timmons Trulock Tysinger Walker
Stephens Tate Turner Wessels

On the passage of the bill, the yeas were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:
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 An notated accordingly.

3564

JOURNAL OF THE SENATE

The Conference Committee Report on HB 1373 was as follows:

The Conference Committee on HB 1373 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1373 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Roy E. Barnes Senator, 33rd District

Is/ Henry L. Reaves Representative, 147th District

Is/ Julian Bond Senator, 39th District

Is/ Don Castleberry Representative, 111th District

1st Ed Barker Senator, 18th District

Is/ Jack Irvin Representative, 10th District

Conference Committee substitute to HB 1373:
A BILL
To be entitled an Act to amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, as amended, particularly by an Act approved March 20, 1980 (Ga. L. 1980, p. 591) and an Act approved April 7, 1981 (Ga. L. 1981, p. 781), so as to change the qualifications of landscape architects; 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 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 84-40, relating to the Georgia State Board of Landscape Architects, as amended, particularly by an Act approved March 20, 1980 (Ga. L. 1980, p. 591) and an Act approved April 7, 1981 (Ga. L. 1981, p. 781), is amended by striking subsection (a) of Code Section 84-4004, relating to exemptions, and inserting in its place a new subsection to read as follows:
"(a) A landscape contractor, including a residential landscape contractor, engaging in the business of, or acting in the capacity of

FRIDAY, MARCH 26, 1982

3565

a landscape contractor in Georgia insofar as he engages in the business or acts in the capacity of a landscape contractor in its various forms."
Section 2. Said Code chapter is further amended by striking subsection (e) of Code Section 84-4005 and inserting in its place 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 State Board of Landscape Ar chitects and the laws relating thereto are hereby continued until Ju ly 1, 1986, 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 af fairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the ter mination 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 3. Said Code chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 88-4010 and inserting in its place a new paragraph to read as follows:
"(2) Shall have had at least six and one-half years of training in the actual practice of landscape architecture; provided that a person holding a degree which requires five academic years of education from a school of landscape architecture, environmental design, or its equivalent approved by the board, may be licensed after having received one and one-half years of training in the actual practice of landscape architecture as may be approved by the board, provided that at least one year of such actual practice shall be obtained subsequent to the receipt of such undergraduate degree; provided, further that the board may substitute any educational experience it deems sufficient which is not otherwise represented by the aforementioned undergraduate degree in landscape architecture, en vironmental design, or its equivalent for any equivalent term necessary to attain the requisite six and one-half years of ex perience. With no degree in landscape architecture, environmental design, or its equivalent, all actual practice shall be under the direc tion of a licensed landscape architect."
Section 4. Said Code chapter is further amended by striking subsection (b) of Code Section 88-4010 and inserting in its place a new subsection to read as follows:
"(b) The applicant for licensure must have passed a written ex amination generally covering the matters confronting landscape ar chitects, provided that persons holding degrees which require five

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JOURNAL OF THE SENATE

academic years of education from approved schools of landscape architecture, environmental design, or their equivalent shall be per mitted to take such examination prior to satisfying the actual prac tice requirements of this Code section by furnishing satisfactory proof of their graduation to the board. The examination shall cover such matters as are reasonably calculated to test the knowledge and skill of the applicant in the field of landscape architecture. Failure to pass the examination shall be grounds for denial of a license without a further hearing."
Part 2
Section 5. Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, is amended by striking Code Section 43-23-7 and inserting in its place a new Code section to read as follows:
"43-23-7. (a) Each applicant for licensure as a landscape ar chitect shall:
(1) Be at least 18 years of age; and
(2) Have had at least six and one-half years of training in the ac tual practice of landscape architecture, provided that a person holding a degree which requires five academic years of education from a school of landscape architecture, environmental design, or its equivalent approved by the board may be licensed after having received one and one-half years of training in the actual practice of landscape architecture as may be approved by the board, provided that at least one year of such actual practice shall be subsequent to receiving such undergraduate degree and provided, further, that the board may substitute any educational experience it deems sufficient which is not otherwise represented by the aforementioned undergraduate degree in landscape architecture, environmental design, or its equivalent for any equivalent term necessary to attain the requisite six and one-half years of experience. In the absence of a degree in landscape architecture, environmental design, or its equivalent, all actual practice shall be under the direction of a licensed landscape architect.
(b) Persons who, on July 1, 1976, held licenses as landscape ar chitects issued under the laws of this state shall not be required to obtain additional licenses under this chapter but shall otherwise be subject to all applicable provisions of this chapter, including those pertaining to renewal of such license; and such licensee shall be considered licensed for all purposes under this chapter and subject to the provisions hereof.
(c) The applicant for licensure must have passed a written ex amination generally covering the matters confronting landscape ar chitects, provided that persons holding degrees which require five academic years of education from approved schools of landscape architecture, environmental design, or their equivalent shall be per mitted to take such examination prior to satisfying the actual prac-

FRIDAY, MARCH 26, 1982

3567

tice requirements of this Code section by furnishing satisfactory proof of their graduation to the board. The examination shall cover such matters as are reasonably calculated to test the knowledge and skill of the applicant in the field of landscape architecture. Failure to pass the examination shall be grounds for denial of a license without a further hearing."
Section 6. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-23-17 and inserting in its place a new paragraph to read as follows:
"(1) A landscape contractor, including a residential landscape contractor, engaging in the business of or acting in the capacity of a landscape contractor in this state insofar as he engages in the business or acts in the capacity of a landscape contractor in its various forms;".
Section 7. Said chapter is further amended by striking Code Sec tion 43-23-20 and inserting in its place a new Code section to read as follows:
"43-23-20. For the purposes of Chapter 2 of this title, The Act Providing for the Review, Continuation, Reestablishment, or Ter mination of Regulatory Agencies,' the Georgia Board of Landscape Architects shall be terminated on July 1, 1986, and this chapter and any other laws relating to such board shall be repealed in their en tirety effective on the date specified in Code Section 43-2-8."
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. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd moved that the Senate adopt the Conference Committee Report on HB 1373.

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

Bowen Brannon Brantley Broun of 46th

Brown of 47th Cobb Coleman Coverdell

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Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis

Greene Holloway Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds

Robinson Scott Starr Stephens Summers Sutton Thompson Timmons Tysinger Walker

Those not voting were Senators:

Barker Bell Bryant Hill Horton

Howard Hudgins Hudson Stumbaugh

Tate Trulock Turner Wessels

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1373.
Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 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. 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, MARCH 26, 1982

3569

On the 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 Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincherof 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Hudgins Kennedy Kidd Land Lester

McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bryant Holloway (presiding)

Howard Hudson Littlefield

McKenzie Tate Wessels

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering the Conference Committee Report thereon:
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.

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The Conference Committee Report on SB 506 was as follows:

The Conference Committee on SB 506 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 506 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

1st Ted J. Land Senator, 16th District

I si Lauren McDonald, Jr. Representative, 12th District

Is/ Pierre Howard Senator, 42nd District

Is! Gary C. Cason Representative, 96th District

Is/ Lawrence Stumbaugh Senator, 55th District

1st Jerry D. Jackson Representative, 9th District

Conference Committee substitute to SB 506:
A BILL
To be entitled an Act to amend Code Section 68B-312, relating to periods of suspension of drivers' licenses, as amended, so as to change the period of suspension in cases where a person who has refused to sub mit to a test or tests provided for in Code Section 68B-306 has been charg ed with homicide by a vehicle as provided in Code Section 68A-903; 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. Code Section 68B-312, relating to periods of suspension of drivers' licenses, as amended, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any suspension made pursuant to Code Section 68B-306 of this title shall be for six months; provided, however, that, where a per son who has refused to submit to a test or tests provided for in Code

FRIDAY, MARCH 26, 1982

3571

Section 68B-306 has been charged with homicide by a vehicle as pro vided in Code Section 68A-903, the suspension shall be for 12 months."
Part 2
Section 2. Code Section 40-5-63 of the Official Code of Georgia An notated, relating to periods of suspension of drivers' licenses, is amended by striking subsection |b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b| Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that, where a person who has refused to submit to a test or tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6-393, the suspension shall be for 12 months."
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 Land of the 16th moved that the Senate adopt the Conference Commit tee Report on SB 506.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb 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

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Those not voting were Senators:

Barker Bryant

Coleman Holloway (presiding)

Wessels

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 506.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Tate of the 38th.

The following fiscal note, as required by law, was read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and
Budget

DATE:

February 4, 1982

SUBJECT: Fiscal Note-House Bill 1316 (LC 3 1566) Employees' Retirement System (ERS|

This Bill would revise the current law to remove the 4 '/2% ceiling on the rate of regular interest set by the System's Board of Trustees for use in actuarial calculations.

In a letter dated January 29, 1982, the actuary for ERS stated that this Bill would have no effect on the actual cost of the Retirement System.

Isi W. M. Nixon State Auditor

1st C. T. Stevens, Director Office of Planning and Budget

FRIDAY, MARCH 26, 1982

3573

The Senate Committee on Retirement offered the following substitute to HB 1316:

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, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 418), so as to change the provisions relative to the determina tion of certain rates of interest for use in all calculations required in con nection with the Employees' Retirement System of Georgia; to amend the Official Code of Georgia Annotated accordingly; to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pen sions, so as to require periodic actuarial valuations for state retirement systems; to provide for a short title; to provide for definitions; to provide specific requirements for actuarial valuations; to provide for distribution of actuarial valuation reports; to provide for other matters relative to the foregoing; to 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 establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 418), is amended by striking from the last sentence of subsection (15) of Section 6 the word "rate" and inserting in lieu thereof the word "rates" and by striking from said sentence the following:
"and a maximum of 4 l/z per centum",
so that when so amended subsection (15) of Section 6 shall read as follows:
"(15) From time to time and at least in every five year period, the actuary shall make an actuarial investigation into the mortality, ser vice and compensation experience of the members and the beneficiaries of the retirement system, and recommend for adoption by the Board of Trustees mortality, service and other tables needed in the operation of the system, and taking into account the results of such investigations the Board from time to time shall adopt for the system such mortality, service and other tables as it shall deem necessary, for use in all calculations required in connection with this system. The Board shall also determine from time to time the rates of regular interest for use in all calculations required in connection with the system, limited to a minimum of 2 per centum."

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Part 2
Section 2. Code Section 47-2-26 of the Official Code of Georgia An notated, relating to actuarial investigations of the Employees' Retirement System and determination of the rate of regular interest, is amended by striking from subsection (b) the following:
' 'and a maximum of 4 Vz percent'',
so that when so amended subsection (b) shall read as follows:
"(b) At least every five years, the actuary shall conduct an ac tuarial investigation into the mortality, service, and compensation ex perience of the members and beneficiaries of the retirement system and shall recommend for adoption by the board of trustees mortality, service, and other tables needed in the operation of the system. Tak ing into account the results of such investigations, the board of trustees shall from time to time adopt for the retirement system such mortality, service, and other tables as it shall deem necessary for use in all calculations required in connection with this retirement system. The board of trustees shall also determine from time to time the rate of regular interest to be used by the retirement system, which rate shall be limited to a minimum of 2 percent.''
Parts
Section 3. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by adding at the end thereof a new Chapter 20 to read as follows:
"Chapter 20
47-20-1. This chapter shall be known and may be cited as the 'State Retirement Systems Reporting Law.'
47-20-2. As used in this chapter, the term:
(1) 'Managing body' means the board of trustees or other body or officer of a state retirement system charged by law with the control and management of the retirement fund of such system and autho rized to make investments of the retirement funds of such system.
(2) 'State retirement system' means any of the following retire ment or pension systems:
(A) The Teachers Retirement System of Georgia provided for by Chapter 3 of this title;
(B) The Employees' Retirement System of Georgia provided for by Chapter 2 of this title;
(C) The Public School Employees Retirement System provided for by Chapter 4 of this title;

FRIDAY, MARCH 26, 1982

3575

(D) The Peace Officers' Annuity and Benefit Fund provided for by Chapter 17 of this title;
(E) The Georgia Legislative Retirement System provided for by Chapter 6 of this title;
(F) The Trial Judges and Solicitors Retirement Fund provided for by Chapter 10 of this title;
(G) The Georgia Firemen's Pension Fund provided for by Chapter 7 of this title;
(H) The Judges of the Probate Courts Retirement Fund of Georgia provided for by Chapter 11 of this title;
(I) The Sheriffs' Retirement Fund of Georgia provided for by Chapter 16 of this title;
(J) The Superior Court Clerks' Retirement Fund of Georgia provid ed for by Chapter 14 of this title;
(K) The District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia provided for by Chapter 12 of this title;
(L) The Superior Court Judges Retirement Fund of Georgia provid ed for by Chapter 8 of this title;
|M) The Superior Court Judges Retirement System provided for by Chapter 9 of this title; and
(N) The District Attorneys' Retirement System provided for by Chapter 13 of this title,
47-20-3. (a) The managing body of each state retirement system shall contract with or otherwise obtain the services of an enrolled ac tuary for the purpose of obtaining a complete actuarial valuation of the retirement system at least once every five years.
(b) The actuarial valuation required by subsection (a) of this Code section shall include, but is not limited to, the following:
(1) A description and explanation of the actuarial assumptions used which shall include the following factors:
(A) Normal retirement age;
(B) Early retirement age;
(C) Deferred retirement age;
(D) Salary scale;
(E) Mortality, including the designation of the tables used;
(F) Disability and disability recovery;

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(G) Voluntary and involuntary termination;
(H) Return on investments;
(1) New entrants into the system;
(J) Cost-of-living adjustments in benefits when applicable;
(K) Actuarial value of assets;
(L) Total annual payroll cost; and
(M) Administrative expenses;
(2) A statement of the amount of unfunded liabilities of the retire ment system and a description of the plan or schedule to amortize such unfunded liabilities and a description of the status of such plan or schedule at the time the actuarial valuation is made;
(3) A review comparing actual salary increases and rate of return on investment for the five-year period preceding the actuarial valua tion with the assumptions used in both the preceding and current ac tuarial valuation. Based on the review, a trend analysis shall also be included;
(4] A review comparing the actual experience in mortality, retire ment age, and rate of withdrawal from the retirement system for the five-year period preceding the actuarial valuation with the assump tions used in both the preceding and current actuarial valuation. Based on the review, a trend analysis shall also be included;
(5) A description of any discrepancies between data furnished to the actuary for the actuarial valuation and the data actually used by the actuary for the valuation; and
(6) A statement of the actuary that the actuarial valuation is com plete and accurate and that in the actuary's opinion the methodology and assumptions used are reasonable as a basis for the actuarial valua tion and that the actuarial valuation is in compliance with the re quirements of this chapter.
(c) In addition to the requirements of subsection (b) of this Code section, the actuarial valuation shall include an analysis of the relative sensitivity of each actuarial assumption used for the actuarial valua tion. Such analysis shall include projections based on increments on both sides of the actuarial assumptions actually used for the actuarial valuation.
(d) In the event any state retirement system uses an actuarial methodology other than entry age normal, the actuary making the ac tuarial valuation required by this chapter shall convert the methodology used by the retirement system to entry age normal for the purposes of the actuarial valuation required by this chapter.

FRIDAY, MARCH 26, 1982

3577

47-20-4. (a) The actuary completing the actuarial valuations re quired by this chapter shall submit a copy of the report of such valua tion to the Governor, the state auditor, the director of the Office of Planning and Budget, the managing body of the state retirement system, and to each member of the House and Senate Committees on Appropriations and Retirement.
(b) The first actuarial valuation required by this chapter shall be completed by July 1, 1983, and shall be distributed as provided by subsection (a) of this Code section by September 1, 1983."
Part 4
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) Parts 2 and 3 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.

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 23, 1982

SUBJECT: Fiscal Note-House Bill 1316 (Substitute) LC 7 4929S State Retirement Systems

The major provisions of this Bill and their fiscal impact are addressed in the following paragraphs.

1. The substitute version of this Bill would revise the current law to remove the 4 Vi% ceiling on the rate of regular interest set by the Employees' Retirement System's Board of Trustees for use in actuarial calculations.

3578

JOURNAL OF THE SENATE

In a letter dated January 29, 1982, the actuary for ERS stated that this Bill would have no effect on the actual cost of the Retirement System.
2. The substitute version of this Bill also provides for complete ac tuarial valuations to be performed at least once every five years for 14 state retirement or pension systems. The Bill specifies the type of infor mation that must be included in the valuations and specifies that they must be based on the entry age normal actuarial method.
Currently 10 of 14 systems have actuarial valuations done at least every five years and two other systems are having valuations prepared for the first time this year. The estimated cost of providing valuations with the required information for the two systems not currently planning valuations (District Attorneys' Emeritus and Retirement Fund and the Superior Court Judges' Retirement Fund) would be approximately $4,000 to $6,000 for each system's five year valuation.
Actuaries for the 12 systems that currently have valuations prepared estimated costs to provide the additional actuarial data required by this legislation as follows.
(a) Teachers' Retirement System--$15,000 to $20,000
(b) Employees' Retirement System--$15,000 to $20,000
(c) Public School Employees' Retirement System-- $7,000 to $10,000
(d) Peace Officers' Annuity and Benefit Fund-- $4,500
(e) Georgia Legislative Retirement Fund--$3,000 to $5,000
(f) Trial Judges' and Solicitors' Retirement Fund-- $3,000 to $5,000
(g) Georgia Firemen's Pension Fund--$5,000
(h) Judges' of the Probate Courts Retirement Fund-- $10,000
(i) Sheriffs' Retirement Fund--$4,500
(j) Superior Court Clerks' Retirement Fund--$ 5,000
(k) District Attorneys' Retirement System--$3,000 to $5,000
(1) Superior Court Judges' Retirement System-- $3,000 to $5,000

FRIDAY, MARCH 26, 1982

3579

Thus the cost of this Bill in 1983 would range from $86,000 to
$111,000. A detailed analysis by the respective systems' actuaries would be necessary to determine the exact increase in cost for each of the systems.

1st W. M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

Senator Greene of the 26th offered the following amendment:
Amend the substitute to HB 1316 offered by the Senate Committee on Retirement as follows:
By inserting in line 9 on Page 1 between the word and semicolon "ac cordingly;" and the word "to" the following:
"to amend Code Section 47-2-93 of the Official Code of Georgia Annotated, relating to credit for service rendered after December 31, 1953, for certain persons, so as to provide credit for certain prior ser vice as a county probation officer subject to certain limitations and re quirements;".
By adding at the end of Part 2 a new Section 3 to read as follows:
"Section 3. Code Section 47-2-93 of the Official Code of Georgia Annotated, relating to credit for service rendered after December 31, 1953, for certain persons, is amended by designating the present pro visions of said Code section as subsection (a) thereof and by adding at the end thereof a new subsection jb) to read as follows:
'(b) Any other provisions of this chapter to the contrary not withstanding, any current member who served as a county probation officer from January 1, 1953, until January 1, 1966, and who became a member of the Employees' Retirement System on January 1, 1966, may receive creditable service under this chapter for such prior ser vice as a county probation officer subject to the requirements and limitations of this subsection. Such member must pay to the board of trustees the amount of employee contributions which would have been paid if the member had been a member of the Employees' Retirement System during the period of time served as a county pro bation officer, plus regular interest thereon as determined by the board of trustees. In addition thereto, such member or the employer for which the service as a county probation officer was rendered must pay to the board of trustees the amount of employer contributions which would have been paid if the member had been a member of the Employees' Retirement System during the period of time served as a county probation officer, plus regular interest thereon as determined by the board of trustees. Such employer may, at its option, pay all or any part of the additional payment provided for herein.' ''
By redesignating Sections 3, 4, and 5 as Sections 4, 5, and 6, respec tively.

3580

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 26, 1982

SUBJECT: Fiscal Note--House Bill 1316 (Amended Substitute) LC74929S, AM 11 0159 State Retirement Systems

The major provisions of this Bill and their fiscal impact are addressed in the following paragraphs.

1. The amended substitute version of this Bill would revise the cur rent law to remove the 4Vz% ceiling on the rate of regular interest set by the Employees' Retirement System's Board of Trustees for use in ac tuarial calculations.

In a letter dated January 29, 1982, the actuary for ERS stated that this provision would have no effect on the actual cost of the Retirement System.
2. The amended substitute version of this Bill also provides for com plete actuarial valuations to be performed at least once every five years for 14 state retirement or pension systems. The Bill specifies the type of information that must be included in the valuations and specifies that they must be based on the entry age normal actuarial method.

Currently 10 of 14 systems have actuarial valuations done at least every five years and two other systems are having valuations prepared for the first time this year. The estimated cost of providing valuations with the required information for the two systems not currently planning valuations (District Attorneys' Emeritus and Retirement Fund and the Superior Court Judges' Retirement Fund) would be approximately $4,000 to $6,000 for each system's five year valuation.

Actuaries for the 12 systems that currently have valuations prepared estimated costs to provide the additional actuarial data required by this legislation as follows.

(a) Teachers' Retirement System--$15,000 to $20,000

(b) Employees' Retirement System--$15,000 to $20,000

FRIDAY, MARCH 26, 1982

3581

(c) Public School Employees' Retirement System--$7,000 to $ 10,000

(d) Peace Officers' Annuity and Benefit Fund--$4,500

(e) Georgia Legislative Retirement Fund--$3,000 to $5,000

(f) Trial Judges' and Solicitors' Retirement Fund--$3,000 to $5,000

(g) Georgia Firemen's Pension Fund--$5,000

(h) Judges' of the Probate Courts Retirement Fund--$ 10,000

(i) Sheriffs' Retirement Fund--$4,500

(j) Superior Court Clerks' Retirement Fund--$5,000

(k) District Attorneys'Retirement System--$3,000 to $5,000

(1) Superior Court Judges' Retirement System--$3,000 to $5,000

Thus the cost of this provision in 1983 would range from $86,000 to $111,000. A detailed analysis by the respective sytems' actuaries would be necessary to determine the exact increase in cost for each of the systems.

3. This Bill would also allow any current member of ERS who serv ed as a county probation officer from January 1, 1953 until January 1, 1966, and who became a member of ERS on January 1, 1966 to receive credit for such prior service as a county probation officer. To claim such creditable service the member must pay the employee contributions plus regular interest that would have accumulated during the period of such service and employer contributions plus interest would be paid by the member and/or the employer.

One member has been identified who would be affected by the prior service provision of this Bill. Under current legislation, this member would not be eligible for retirement until age 65, but passage of this Bill would result in the member being eligible for retirement at age 62 with projection to age 65. Retirement benefits under the proposed legislation would be increased approximately $604 per month (from approximately $1,167 to approximately $1,771). Assuming the member purchased the service credit on December 31, 1982, ERS would incur an increase in re quired reserves at retirement in 1984 of approximately $118,270 (which has a present value of $103,250). Although a survey of ERS members would be necessary to determine the exact number of persons affected, this provision is not expected to affect a significant number of members.

/s/W. M. Nixon State Auditor

/s/C. T. Stevens, Director Office of Planning and Budget

3582

JOURNAL OF THE SENATE

Senator Coverdell of the 40th offered the following amendment:

Amend the substitute to HB 1316 offered by the Senate Committee on Retire ment as follows:

By inserting in line 9 on Page 1 between the word and semicolon "ac cordingly;" and the word "to" the following:
"to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to postretirement benefit ad justments;".
By adding at the end of Part 2 a new Section 3 to read as follows:
"Section 3. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by striking Code Section 47-2-29, which reads as follows:
'47-2-29. On a date to be established by the board of trustees, but not before April 1, 1967, the board of trustees is authorized to adopt a method of providing for postretirement benefit adjustments for the purpose of maintaining essentially no less purchasing power for a beneficiary in his postretirement years. Such method shall be based upon:
(1) Recommendation of the actuary for the board of trustees;
(2) Maintaining the actuarial soundness of the retirement system;
(3) Its application to the retirement income of members retiring on or after the adoption of such method by the board of trustees; and
(4) Any additional contribution by the member in an amount not to exceed one-fourth of 1 percent of his monthly earnable compensa tion.
This Code section shall also be applicable to those members re tiring before April 1, 1967.',
in its entirety and substituting in lieu thereof a new Code Section 47-2-29 to read as follows:
'47-2-29. If the General Assembly appropriates funds specifically for the purposes of this Code section, the board of trustees shall be authorized to grant cost-of-living benefit increases from time to time to beneficiaries under this chapter. Subject to pro rata reductions which may be necessitated by the amount of funds actually ap propriated by the General Assembly from time to time for the pur poses of this Code section, such cost-of-living benefit increases shall be in an amount necessary to maintain essentially the same purchas-

FRIDAY, MARCH 26, 1982

3583

ing power of a beneficiary during the postretirement years, based on the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average.' "
By redesignating Sections 3, 4, and 5 as Sections 4, 5, and 6, respec tively.

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 26, 1982

SUBJECT: Fiscal Note--House Bill 1316 (Amended Substitute) LC74929S, AM 7 0501
State Retirement Systems

The major provisions of this Bill and their fiscal impact are addressed in the following paragraphs.

1. The amended substitute version of this Bill would revise the cur rent law to remove the 4V4% ceiling on the rate of regular interest set by the Employees' Retirement System's Board of Trustees for use in ac tuarial calculations.

In a letter dated January 29, 1982, the actuary for ERS stated that this provision would have no effect on the actual cost of the Retirement System.

2. The amended substitute version of this Bill also provides for com plete actuarial valuations to be performed at least once every five years for 14 state retirement or pension systems. The Bill specifies the type of information that must be included in the valuations and specifies that they must be based on the entry age normal actuarial method.

Currently 10 of 14 systems have actuarial valuations done at least every five years and two other systems are having valuations prepared for the first time this year. The estimated cost of providing valuations with the required information for the two systems not currently planning valuations (District Attorneys' Emeritus and Retirement Fund and the Superior Court Judges' Retirement Fund) would be approximately $4,000 to $6,000 for each system's five year valuation.

3584

JOURNAL OF THE SENATE

Actuaries for the 12 systems that currently have valuations prepared estimated costs to provide the additional actuarial data required by this legislation as follows.

(a) Teachers' Retirement System-- $15,000 to $20,000

(b) Employees' Retirement System--$ 15,000 to $20,000

(c) Public School Employees' Retirement System--$7,000 to $ 10,000

(d) Peace Officers' Annuity and Benefit Fund--$4,500

(e) Georgia Legislative Retirement Fund--$3,000 to $5,000

(f) Trial Judges' and Solicitors' Retirement Fund--$3,000 to $5,000

(g) Georgia Firemen's Pension Fund--$5,000

(h) Judges' of the Probate Courts Retirement Fund--$ 10,000

(i) Sheriffs' Retirement Fund--$4,500

lj) Superior Court Clerks' Retirement Fund--$5,000

(k) District Attorneys' Retirement System--$3,000 to $5,000

(1) Superior Court Judges' Retirement System--$3,000 to $5,000

Thus the cost of this provision in 1983 would range from $86,000 to $111,000. A detailed analysis by the respective systems' actuaries would be necessary to determine the exact increase in cost for each of the systems.

3. This Bill would also change the funding source for cost-of-living adjustments granted to ERS beneficiaries. These adjustments (which are currently granted by the ERS Board of Trustees from ERS assets) would be funded by an appropriation of the General Assembly. Adjustments would be limited to the inflation rate (as measured by the Consumer Price Index) and would be reduced pro rata if appropriations were not sufficient to fund an increase equal to the inflation rate.

The savings ERS would realize through General Assembly funding of cost-of-living adjustments cannot be determined since the adjustments that would have been granted by the ERS Board of Trustees is not known.

Isl W. M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

FRIDAY, MARCH 26, 1982

3585

Senator Ballard of the 45th offered the following amendment:
Amend the substitute to HB 1316 offered by the Senate Committee on Retirement by adding after the word and semicolon "accordingly;" on line 9 of Page 1 the following:
"to amend Article 7 of Chapter 6 of Title 47 of the Official Code of Georgia Annotated, so as to authorize and direct the Georgia Legislative Retirement System and the Department of Administrative Services to execute a contract for the use of the state-wide integrated telecommunications system by retirees of the Georgia Legislative Retirement System;''.
By renumbering Sections 3, 4, and 5 as Sections 4, 5, and 6, respec tively.
By adding a new Section 3 to read as follows:
"Section 3. Article 7 of Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions, is amend ed by adding a new Code Section 47-6-102 at the end thereof to read as follows:
'47-6-102. The Georgia Legislative Retirement System and the Department of Administrative Services are authorized and directed to execute a contract for the use of the state-wide integrated telecom munications system provided for by the ' Telecommunications Act of 1973" by retirees of the Georgia Legislative Retirement System.' "

Senator Ballard of the 45th moved that HB 1316 be placed on the Table.

On the motion, the yeas were 36, nays 5; the motion prevailed, and HB 1316 was placed on the Table.

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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 1558:
A BILL
To be entitled an Act to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change the time of performing certain actions of parties and of the court in dispossessory and distress warrant proceedings; to provide an effec tive date; to repeal conflicting laws; and for other purposes.

3586

JOURNAL OF THE SENATE
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 44 of the Official Code of Georgia An notated, relating to landlord and tenant, is amended by replacing Code Section 44-7-53 with a new Code section to read as follows:
"44-7-53. (a) If the tenant fails to answer as provided in Code Sec tion 44-7-51(b), the court shall issue a writ of possession instanter not withstanding Code Section 9-11-55; and the plaintiff shall be entitled to a verdict and judgment by default for all rents due, in open court or in chambers, as if every item and paragraph of the affidavit provided for in Code Section 44-7-50 were supported by proper evidence, without the intervention of a jury.
(b) If the tenant answers, a trial of the issues shall be had in ac cordance with the procedure prescribed for civil actions in courts of record. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in posses sion of the premises pending the final outcome of the litigation; pro vided, however, that, at the time of his answer, the tenant must pay rent into the registry of the court pursuant to Code Section 44-7-54."
Section 2. Said chapter is further amended by replacing subsection (a) of Code Section 44-7-54 with a new subsection to read as follows:
"(a) In any case where the issue of the right of possession can not be finally determined within two weeks from the date of the original affidavit, the tenant shall be required to pay into the registry of the trial court:
(1) All rent which becomes due after the issuance of the dispossessory warrant, said rent to be paid as it becomes due. If the landlord and the tenant disagree as to the amount of rent, either or both of them may submit to the court any written rental contract for the purpose of establishing the amount of rent to be paid into the registry of the court. If the amount of rent is in controversy and no written rental agreement exists between the tenant and landlord, the court shall require the amount of rent to be a sum equal to the last previous rental payment made by the tenant and accepted by the landlord without written objection; and
(2) All rent allegedly owed prior to the issuance of the dispossessory warrant; provided, however, that, in lieu of such pay ment, the tenant shall be allowed to submit to the court a receipt indicating that payment has been made to the landlord. In the event that the amount of rent is in controversy, the court shall determine the amount of rent to be paid into court in the same manner as provided in paragraph (1) of this subsection."
Section 3. Said chapter is further amended by replacing Code Sec tion 44-7-72 with a new Code section to read as follows:
"44-7-72. When the affidavit provided for in Code Section 44-7-71 is made, the judge of the superior court, the state court, the civil court, or the small claims court or justice of the peace before

FRIDAY, MARCH 26, 1982

3587

whom it was made shall grant and issue a summons to the marshal or the sheriff or his deputy of the county where the tenant resides or where his property may be found. A copy of the summons and the affidavit shall be personally served upon the defendant. If an officer is unable to serve the defendant personally, service may be given by delivering the summons and affidavit to any person who is sui juris residing on the premises. The summons served on the defendant pursuant to this Code section shall command and require the tenant to appear at a hearing on a day certain not less than five nor more than seven days from the date of actual service."
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 Garner of the 30th moved that he be excused from voting on HB 1558, stating that he had a personal interest in the results.

On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Garner of the 30th was excused from voting on HB 1558.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Bell Bowen Brannon Brantley Broun of 46th
Brown of 47th Cobb Coleman Coverdell Deal Dean
Eldridge

English Engram Fincher of 52nd Fincher of 54th Foster Gillis Hill
Horton Hudgins Hudson Kennedy Land Lester

Littlefield McGill McKenzie Reynolds Robinson Stephens Summers
Sutton Trulock Turner Tysinger Walker Wessels

3588

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Barker Bond Evans

Greene Kidd Scott

Those not voting were Senators:

Barnes Bryant Garner (excused)

Holloway (presiding) Howard Starr

Stumbaugh Tate
Thompson Timmons

On the passage of the bill, the yeas were 40, nays 8.
The bill, having received the requisite constitutional majority, was passed by substitute.
The President resumed the Chair.
The following local resolution of the Senate was taken up for the purpose of considering the House amendment thereto:
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, in cluding ad valorem taxes for school purposes, for a period of seven years following their establishment or addition; to provide certain ex ceptions; to provide for the submission of this amendment for ratifica tion or rejection.
The House amendment was as follows:
Amend SR 264 as follows:
On Page 2, line 21, after the word "improvements" and before the word "in" insert the word "starting".
"maOden".Page 2, line 22, after the word "property" delete the word
On Page 2, line 29, between the words "exempt" and "certain" in sert the following: "the increased value of property resulting from".
On Page 3, line 5, after the word "addition" add the following: "providing that there is substantial increase in employment?".

FRIDAY, MARCH 26, 1982

3589

Senator Stephens of the 36th moved that the Senate agree to the House amend ment to SR 264 as amended by the following amendment:

Amend the House amendment to SR 264 by striking the last paragraph which reads as follows in its entirety:
"On Page 3, line 5, after the word 'addition' add the following: 'providing that there is substantial increase in employment?' ".

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 264 as amended by the Senate.

The following local bill of the Senate was taken up for the purpose of consider ing the House substitute thereto:

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.

The House substitute to SB 775 was as follows:

A BILL
To be entitled an Act to amend an Act providing for the election of members of Telfair County Board of Education from education districts, as approved April 11, 1979 (Ga. Laws 1979, p. 3539), so as to change the terms of office of certain current members; to provide for filling vacan cies of said Board; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia:
Section 1: An Act providing for the election of the members of the Telfair County Board of Education from certain education districts, as approved on April 11, 1979 (Ga. Laws 1979, p. 3539) is hereby amended by striking Section e, Term (a) in its entirety and inserting in lieu thereof a new Section 3. (a) to read as follows:
"Section 3. Term (a) The members of the Board of Education who are serving on said Board as of the effective date of this Act shall con tinue to serve out their regular terms of office, except Dorsey Marchant, T. L. Ashford, Luther Nunn and Preston Fussell whose term of office is hereby extended as provided in Section (3) (d), (e) and (f) hereinafter."

3590

JOURNAL OF THE SENATE
Section 2: Said Act is further amended by striking Section 3.(d) in its entirety and inserting in lieu thereof a new Section 3.(d) to read as follows:
"(d) The first members of the board who shall occupy Education District 1, Post 1, and Education District 7, Post 1, shall be elected at the general election of 1982 and shall take office on the first day of January, 1983 for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office the first day of January immediately following their election for terms of four years and until their suc cessors are elected and qualified. The first member elected to Educa tion District 1, Post 1, as herein defined, shall be the successor in that position presently occupied by E. C. Graham, whose term of office would otherwise expire on June 30, 1981; and the term of office of said E. C. Graham is hereby lengthened to expire on December 31, 1982. The first member elected to Education District 7, Post 1, as herein defined, shall be the successor in that position presently oc cupied by Luther Nunn, whose term of office would otherwise expire on October 31, 1981; and the term of office of office of said Luther Nunn is hereby lengthened to expire December 31, 1982."
Section 3: Said Act is further amended by striking from Section 3.(e) the following:
"Education District 5, Post 1,"
and inserting in lieu thereof the following:
"Education District 7, Post 1,"
so that when amended Section 3.(e) shall read as follows:
"(e) For the period beginning January 1, 1983, and ending on December 31, 1984, the Board of Education of Telfair County shall consist of four members elected to Education District 4, Post 1; Educa tion District 2, Post 1; Education District 1, Post 1; Education District 7, Post 1, as provided by subsections (b) and (d) of this Act; and three members of the heretofore existing Board of Education of Telfair County.
Section 4: Said Act is further amended by striking Section 3.(f) in its entirety and inserting in lieu thereof a new Section 3.(f) to read as follows:
"(f) The first members of the board who shall occupy Education District 3, Post 1; Education District 5, Post 1; and Education District 6, Post 1, shall be elected at the general election of 1984 and shall take office on the first day of January, 1985. The first members elected to occupy Education District 3, Post 1, and Education District 5, Post 1, shall have terms of six years to expire December 31, 1990 or until their successors are elected to qualify. The term of office for the first member elected to occupy Education District 6, Post 1, shall have a

FRIDAY, MARCH 26, 1982

3591

term of four years to expire December 31, 1988, or until his successor is elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office the first day of January im mediately following their election for terms of four years and until their successors are elected and qualified. The first member elected to Education District 3, Post 1, as herein defined, shall be the successor in that position presently occupied by Tommy Lee Ashford, whose term of office would otherwise expire on July 1, 1983; and the term of office of said Tommy Lee Ashford is hereby lengthened to expire December 31, 1984. The first member elected to Education District 6, Post 1, as herein defined, shall be the successor in that position presently occupied by Preston Fussell, whose term of office would otherwise expire on December 31, 1982; and the term of office of said Preston Fussell is hereby lengthened to expire on December 31, 1984. The first member elected to Education District 5, Post 1, as herein defined, shall be the successor in that position presently occupied by Dorsey Marchant, whose term of office would otherwise expire on October 31, 1983; and the term of office of said Dorsey Marchant is hereby lengthened to expire December 31, 1984.
Section 5: 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. Vacancies. A vacancy shall exist in the board if a member resigns, dies, moves his residence from the Educational District, or for any other reason no longer holds his office; or if he is adjudged incompetent or convicted of malfeasance in office; or con victed of a felony.
The remaining members of the Board shall appoint a qualified person to fill any such vacancy to the office of board member for the remainder of the unexpired term. Any such person receiving the ma jority of votes of said board shall be declared elected. Any person so elected by the board to fill a vacancy shall be a resident of the Educa tion District in which the vacancy occurred.''
Section 6: Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 1982 session of the General Assembly of Georgia a bill relative to the selection of the board of Education and Superintendent of Schools of Telfair County, and other purposes.
This ________ day of March, 1982.
Ronnie Walker Senator, 19th District

3592

JOURNAL OF THE SENATE

GEORGIA, FULTON COUNTY
Personally appearing before me, the undersigned authority, duly authorized to administer oaths, RONNIE WALKER who, on oath, deposes and says that he is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lumber City Log which is the official organ of Telfair County, on the following dates:_____________________

Sworn to and subscribed before me this ________ day of March, 1982.

Ronnie Walker Senator, 19th District

Notary Public

Senator Walker of the 19th moved that the Senate agree to the House substitute to SB 775.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 775.

The following resolution of the Senate was read and adopted:

SR 422. By Senators Greene of the 26th, Eldridge of the 7th, Howard of the 42nd and others:
A resolution commending the Honorable William Lee Robinson.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

SR 171. By Senator Hudgins of the 15th: A resolution creating the Joint Children and Youth Study Committee.

FRIDAY, MARCH 26, 1982

3593

The House has disagreed to the Senate amendment to the following bill of the House:

HB 1380. By Representatives Adams of the 36th, Hamilton of the 31st, Greer of the 43rd and others:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to revise commissioner districts for the election of cer tain members of the board of commissioners.

The House has disagreed to the Senate substitute to the following resolution of the House:

HR 626. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purposes being established as calen dar year 1981.

The House has disagreed to the Senate amendment to the following bill of the Senate:

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 Annotated, relating to certifying the selection of members of county boards of education and county school superintendents, so as to change the provisions relative to such certification.

The following local resolution of the House was taken up for the purpose of considering the House action thereon:

HR 626. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purposes being established as calen dar year 1981.

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JOURNAL OF THE SENATE

Senator Brannon of the 51st moved that the Senate insist upon the Senate substitute to HR 626.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HR 626.

The following resolution of the Senate was taken up for the purpose of con sidering the House amendment thereto:

SR 171. By Senator Hudgins of the 15th: A resolution creating the Joint Children and Youth Study Committee.

The House amendment was as follows:

Amend SR 171 as follows: Online 13, Page 3, change "1981" to "1982".

Senator Hudgins of the 15th moved that the Senate agree to the House amendment to SR 171.

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 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 Lester

McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Tysinger Walker Wessels

FRIDAY, MARCH 26, 1982

3595

Those not voting were Senators:

Brantley Evans Fincher of 52nd

Land Littlefield

Robinson Turner

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 171.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:

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 require ment that superior court clerks report to the Department of Natural Resources the disposition of game and fish prosecutions.

The Conference Committee Report on HB 1525 was as follows:

The Conference Committee on HB 1525 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1525 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ James R. Walker Senator, 19th District

1st Howard H. Rainey Representative, 135th District

I si Hugh M. Gillis, Sr. Senator, 20th District

Is/ Robert G. Peters Representative, 2nd District

Isl Bill English Senator, 21st District

1st Ralph Twiggs Representative, 4th District

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Conference Committee substitute to HB 1525:
A BILL
To be entitled an Act 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 Depart ment of Natural Resources the dispostion of game and fish prosecutions; to prohibit fleeing from or attempting to elude peace officers enforcing this title; to eliminate the limitations upon the taking of certain nongame species of wildlife; to impose certain additional restrictions and limita tions upon the use of public fishing areas and wildlife management areas; to eliminate the requirement for separate salt-water and fresh water commercial fishing licenses for residents and nonresidents; to change the provisions relating to commercial alligator farming licenses; to delete all references to the distinction between salt-water and fresh water commercial fishing licenses; to authorize counties to retain certain proceeds arising from the sale of confiscated firearms and vehicles used in night deer hunting and of confiscated boats, nets, and accessory equip ment used in illegal shrimping; 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. Chapter 1 of Title 27 of the Official Code of Georgia An notated, relating to general game and fish code provisions, is amended by striking in its entirety subsection jb) of Code Section 27-1-14 which reads as follows:
"(b) The clerk of the court in which each case is disposed of shall promptly make a written report to the commissioner showing the disposition of each case. Unless otherwise prohibited by law, for mak ing each such report the clerk shall be entitled to an additional fee of $1.00 to be added to the costs allowed by law against the defendant and to be retained by the clerk as his special compensation for making the report."
Section 2. Said Chapter 1 is further amended by inserting after Code Section 27-1-25 a new Code Section 27-1-25.1 to read as follows:
"27-1-25.1. It shall be unlawful for any person operating any motor vehicle or power boat to fail or refuse to bring such vehicle or boat to a stop, or otherwise to flee or attempt to elude a pursuing peace officer who is in uniform, who prominently displays his badge of office, and who is authorized to enforce this title, when given a visi ble or audible signal to bring such vehicle or boat to a stop. An officer may give such visible or audible signal by use of his hand or voice or by use of an emergency light or siren.''
Section 3. Said Chapter 1 is further amended by striking in its entire ty subsection (a) of Code Section 27-1-28 and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided by law, rule, or regulation, it shall be unlawful to hunt, trap, fish, take, possess, or transport any

FRIDAY, MARCH 26, 1982

3597

nongame species of wildlife, except that the following species may be taken by any method except those specifically prohibited by law or regulation:
(1) Rats;
(2) Mice;
(3) Coyotes;
(4) Armadillos;
(5| Groundhogs;
(6) Beaver;
(7) Fresh-water turtles;
(8) Poisonous snakes;
(9) Frogs;
(10) Spring lizards;
(11) Fiddler crabs;
(12) Fresh-water crayfish; and
(13) Fresh-water mussels."
Section 4. Said Chapter 1 is further amended by striking in its entire ty subsection (a) of Code Section 27-1-33 and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be unlawful to enter upon or to hunt, trap, or fish on any public fishing area or wildlife management area owned or operated by the department except in compliance with all applicable laws and all rules and regulations promulgated by the board in cluding, but not limited to, any law, rule, or regulation relating to seasons or bag limits or requiring a special permit. Further, it shall be unlawful for any person except those specifically excluded by law to hunt on a wildlife management area without a valid wildlife manage ment area stamp as authorized by Code Section 27-1-4. Such stamp must be affixed to a valid hunting license and signed by the license holder.",
and by striking in their entirety subsections (b) and (c) of said Code Sec tion 27-1-33, which read as follows:
"(b) It shall be unlawful for any person to possess any firearm or bow on any public hunting, fishing, or game management area owned or operated, or owned and operated, by the department except during a legal open hunting season for that area and except when such firearm or bow and arrow is unloaded and stored so as not to be readi ly accessible.

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(c) It shall be unlawful for any person to be under the influence of drugs, intoxicating liquors, beers, or wines on any public hunting, fishing, or game management area. The determination of whether any person is under the influence of drugs or intoxicating liquors, beers, or wines may be made in accordance with Code Section 40-6-392

and by redesignating subsection (d) as subsection (b).

Section 5. Chapter 2 of said Title 27, relating to licenses, permits, and stamps, is amended by striking in its entirety paragraph (5) of Code Sec tion 27-2-23 pertaining to commercial fishing licenses and substituting in lieu thereof a new paragraph (5) to read as follows:

"(5) Commercial fishing licenses:

(A) Resident commercial fishing license

Season

$15.00

(B) Nonresident commercial fishing license

Season

100.25

(C) Resident commercial eel fishing license

Season

25.00

(D) Nonresident commercial eel

fishing license

Season

100.00"

Section 6. Said Chapter 2 of Title 27 is further amended by striking subparagraph (O) of paragraph (7) of Code Section 27-2-23 in its entirety and substituting in lieu thereof a new subparagraph (O) to read as follows:

(O) Commercial alligator farming license

Annual

25.00

Section 7. Title 27, Game and Fish, is amended by striking the words "salt-water" and "fresh-water" wherever they appear in said title in conjunction with the phrase "commercial fishing license."

Section 8. Chapter 3 of said Title 27, relating to wildlife generally, is amended by inserting after Code Section 27-3-1 a new Code Section 27-3-1.1 to read as follows:

"27-3-1.1. It shall be unlawful for any person on any wildlife management area owned or operated by the department:

(1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible;

(2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area;

FRIDAY, MARCH 26, 1982

3599

(3) To be under the influence of drugs, intoxicating liquors, beers, or wines. The determination of whether any person is under the in fluence of drugs or intoxicating liquors, beers, or wines may be made in accordance with Code Section 40-6-392;
(4) To hunt within 50 yards of any road which receives regular maintenance for the purpose of public vehicular access;
(5) To target practice, except where an authorized shooting range is made available by the department, and then only in a manner con sistent with the rules for shooting ranges promulgated by the board;
(6) To drive a vehicle around a closed gate, cable, sign, or other structure or device intended to prevent vehicular access to a road entering onto or within such an area;
(7) To hunt within any posted safety zone;
(8) To camp upon or drive a motor vehicle over any permanent pasture or area planted in crops;
(9) While hunting bears in any such area opened to bear hunt ing, to kill a female bear with cub(s) or to kill a cub weighing less than 75 pounds;
(10) To fail to report the killing of a deer, bear, or turkey in the manner specified by the rules of the department for that wildlife management area on the date killed to the state game and fish checking station on the area;
(11) To hunt small game during a managed deer or turkey or bear hunt;
(12) To construct any tree stand or to hunt from any tree stand except a portable or natural tree stand;
(13) To trap except with a special trapping permit issued by the department."
Section 9. Said Chapter 3 is further amended by striking in its en tirety subsection (c) of Code Section 27-3-48 and by substituting in lieu thereof 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 vehi cle, 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 owner or lessee of the property, if known, and upon the per son or persons having custody or possession of the property at the time of the confiscation or seizure. If the owner, lessee, or person or persons having custody or possession of the property at the time of

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JOURNAL OF THE SENATE

seizure is unknown, notice of such proceedings 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 persons having an interest in or right affected by the proceeding and any sale of the property resulting therefrom. If no defense or intervention 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 proceed 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 general funds of the county.
The Attorney General may, upon the request of the commissioner, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property."
Section 10. Chapter 4 of said Title 27, relating to fish, is amended by inserting in Code Section 27-4-11.1 a new subsection (a) which shall read as follows:
"(a) It shall be unlawful for any person on any public fishing area owned or operated by the department:
(1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible;
(2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area;
(3) To be under the influence of drugs, intoxicating liquors, beers, or wines. The determination of whether any person is under the in fluence of drugs or intoxicating liquors, beers, or wines may be made in accordance with Code Section 40-6-392.
and by redesignating subparagraphs (a) through (n) as (b) through |o|.

FRIDAY, MARCH 26, 1982

3601

Section 11. Said Chapter 4 is further amended by striking in its en tirety subsection (a) of Code Section 27-4-137 and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Each boat, propulsion unit, net, door, boom, winch, cable, electronic device, or accessory equipment used in violation of Code Section 27-4-133, 27-4-170, or 27-4-171 is declared to be contraband and forfeited to the state and shall be confiscated and seized by any peace officer, who shall impound it in the name of the district at torney whose circuit includes the county in which a seizure is made. The district attorney whose circuit includes the county in which a seizure is made, within 30 days after the seizure of any such equip ment, 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 the equipment. A copy of the petition shall be served upon the owner or lessee of the equipment, if known, and upon the person having custody or possession of the equipment at the time of the confiscation or seizure. If the owner, lessee, or person hav ing custody or possession of the equipment at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's adver tisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right af fected by such proceedings and any sale of the equipment resulting therefrom. If no defense or intervention 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 proceed as other civil cases. Should it appear upon the trial of the case or upon default that such equipment was used in violation of the Code sections heretofore cited in this subsection, the equipment 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 expenses incurred in the seizure;
(2) To the payment of the costs of the court and its officers;
(3) To the payment of any costs incurred in the storage, advertise ment, maintenance, or care of such property; and
(4) If any money remains, to the general funds of the county."
Section 12. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared of 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

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JOURNAL OF THE SENATE

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 13. This Act shall become effective on November 1, 1982.
Section 14. All laws and parts of laws in conflict with this Act are repealed.

Senator English of the 21st moved that the Senate adopt the Conference Committee Report on HB 1525.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Fincher of 52nd Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Ballard Bond Brantley

Evans Fincher of 54th Holloway (presiding)

Land Robinson Stephens

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1525.

FRIDAY, MARCH 26, 1982

3603

The following local bill of the House was taken up for the purpose of con sidering the House action thereon:

HB 1380. By Representatives Adams of the 36th, Hamilton of the 31st, Greer of the 43rd and others:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to revise commissioner districts for the election of cer tain members of the board of commissioners.

Senator Coverdell of the 40th moved that the Senate recede from the Senate amendment to HB 1380.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 1380.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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 Annotated, relating to certifying the selection of members of county boards of education and county school superintendents, so as to change the provisions relative to such certification.

Senator Starr of the 44th moved that the Senate recede from the Senate amendment to HB 1641.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bowen Brannon Brantley Bryant Cobb Coleman Coverdell Deal Dean

Eldridge Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Howard Hudgins Kennedy

Kidd Land Lester Littlefield McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton

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JOURNAL OF THE SENATE

Tate Thompson Timmons

Trulock Turner Tysinger

Walker Wessels

Those not voting were Senators:

Ballard Bond Broun of 46th

Brown of 47th English Greene

Holloway (presiding) Hudson Robinson

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 1641.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 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 provision 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.

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 Annotated, 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 licenses; to change the provisions relating to habitual violaters; to change the provisions relating to the mandatory suspension of drivers' licenses for certain offenses.

The following general bill of the House, favorably reported by the commit tee, was read the third time and put upon its passage:

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 being reared under immoral, etc., conditions.
Senate Sponsor: Senator Wessels of the 2nd.

FRIDAY, MARCH 26, 1982

3605

The Senate Committee on Special Judiciary offered the following substitute to HB48:

A BILL
To be entitled an Act to amend Code Section 24-1901, relating to sub ject matter jurisdiction of probate courts, as amended, and Code Chapter 74-1, relating to legitimate children, so as to provide for court jurisdiction over certain matters relating to children; 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 24-1901, relating to subject matter jurisdic tion of probate courts, as amended, is amended by striking paragraph 6 and inserting in its place a new paragraph 6 to read as follows:
"6. All controversies as to the right of guardianship, except that the probate court shall not be an appropriate court to take action under Code Section 74-109 or Code Section 74-110."
Section 2. Code Chapter 74-1, relating to legitimate children, is amended by striking Code Sections 74-109 and 74-110 and inserting in their place new Code Sections 74-109 and 74-110 to read as follows:
"74-109. Cruel treatment by parents.--Any person may apply to the appropriate court of the county, alleging the cruel treatment of a child by his father or mother, who shall cite the parent to answer the allegation; and such court may at any time hear evidence, and, in its discretion, appoint a guardian of the person of such child, who shall be entitled to the possession of him.
74-110. Protection of children being reared under immoral, etc., conditions.--Whenever any child under the age of 12 years shall be brought before the appropriate court of the county of such child's residence, upon the sworn allegation of any citizen that such child was found under circumstances of destitution and suffering, or aban donment, exposure, or was begging, or that such child is being reared under immoral, obscene, or indecent influences likely to degrade his moral character and devote him to a vicious life; and it shall appear to such court by competent evidence, including such examination of the child as may be practicable, that by reason of the neglect, habitual drunkenness, lewd, or other vicious habits of the parents or guardians of such child, it is necessary for the protection of such child from suf fering, or from degradation, that such parents or guardians shall be deprived of the custody of such child, the court may commit such child to any orphan asylum or other charitable institution established according to law in this State which is willing to receive such child, or appoint a proper guardian therefor, or make such other disposition of him as now is, or may hereafter be, provided by law in cases of disorderly, pauper, or destitute children."

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JOURNAL OF THE SENATE
Part 2
Section 3. Code Section 15-9-30 of the Official Code of Georgia An notated, relating to subject matter jurisdiction of probate courts, is amended by striking paragraph (6) and inserting in its place a new paragraph (6) to read as follows:
"(6) All controversies as to the right of guardianship, except that the probate court shall not be an appropriate court to take action under Code Section 19-7-4;".
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.

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:

Barker Barnes Bell Bowen Brown of 47th Bryant Coleman Deal Dean Eldridge English Engram Fincher of 52nd

Fincher of 54th Foster Garner Gillis Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill McKenzie

Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Wessels

FRIDAY, MARCH 26, 1982

Those not voting were Senators:

Allgood Ballard Bond Brannon Brantley Broun of 46th

Cobb Coverdell Evans Greene Hill Holloway (presiding)

Horton Hudson Robinson Timmons Walker

3607

On the passage of the bill, the yeas were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:
SR 388. By Senators McKenzie of the 14th, Turner of the 8th, Lester of the 23rd and others: A resolution creating the Workers' Compensation Reform Study Com mittee.
The Senate Committee on Rules offered the following substitute to SR 388:
A RESOLUTION
Creating the Workers' Compensation Reform Study Committee; and for other purposes.
WHEREAS, a stable and effective system of workers' compensation is vital to the economy of Georgia and the well-being of Georgia workers; and
WHEREAS, the current workers' compensation system should be studied to determine whether improvements are possible.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Workers' Compensation Study Committee to be composed of five members of the Senate to be appointed by the Lieutenant Gover nor.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the entire system of workers' compensation and the laws relating thereto in order to determine whether a wage loss system or other changes would contribute to the goals of efficiency, stability, and adequate compensation at reasonable cost. The committee may conduct such meetings at such places and at such times as it may deem necessary

3608

JOURNAL OF THE SENATE

or convenient to enable it to exercise fully and effectively its powers, per form its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for no more than ten days. The funds necessary to carry out the provisions of this resolution shall come from the funds ap
propriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 1, 1982, at which time the committee shall stand abolished.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Horton Hudgins Kennedy Kidd Land Lester McGill McKenzie Reynolds

Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative were Senators Howard and Littlefield.

Those not voting were Senators:

Ballard Barker Bond Cobb

Evans Greene Hill

Holloway (presiding) Hudson Stumbaugh

On the adoption of the resolution, the yeas were 44, nays 2.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

FRIDAY, MARCH 26, 1982

3609

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 379. By Senators Tysinger of the 41st, Stephens of the 36th, Ballard of the 45th and others:
A bill to amend Code Chapter 56-5, relating to rates for certain types of insurance, as amended, so as to change the provisions relating to defini tions; to change the provisions relating to the application of said Code chapter.

The House substitute to SB 379 was as follows:

A BILL
To be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, rates, and related organizations, so as to change the application of said chapter; to change the provisions relative to the use of rates filed by rating or advisory organizations for workers' compensation; to change the provisions relative to the filing by certain insurers of workers' com pensation rates; to provide for the examination of insurers transacting workers' compensation insurance in this state by the Insurance Commis sioner; to amend Chapter 9 of Title 34 of the Official Code of Georgia An notated, relating to workers' compensation, so as to make certain editorial changes; to change the provisions relative to the filing of workers' compensation insurance rates with the Insurance Commis sioner; to change the provisions relative to the apportionment of rejected workers' compensation policies; 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 GEORIGA:
Section 1. Chapter 9 of Title 33 of the Official Code of Georgia An notated, relating to the regulations of rule making, rates, and related organizations, is amended by striking paragraph (7) of subsection (a) of Code Section 33-9-3 which reads as follows:
"(7) Workers' compensation insurance; provided, however, the filings required by Code Section 34-9-130 may be made by a rating organization licensed in accordance with Code Sections 33-9-12 through 33-9-15; and provided, further, Code Sections 33-9-21 and 33-9-32 shall apply.",
and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) Annuities."

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Section 2. Said Chapter 9 of Title 33 is further amended by striking Code Section 33-9-9 in its entirety and inserting in lieu thereof a new Code Section 33-9-9 to read as follows:
"33-9-9. Members and subscribers of rating or advisory organiza tions may use the rating systems, underwriting rules, or policy or bond form of the organizations, and the rates filed by such organiza tions for all lines of insurance covered by the provisions of this chapter other than workers' compensation, either consistently or in termittently, but, except as provided in Code Sections 33-9-3, 33-9-7, 33-9-19, and 33-9-20, shall not agree with each other or rating organizations or others to adhere to such rates, rating systems, under writing rules, or policy or bond form. The fact that two or more ad mitted insurers, whether or not members or subscribers of a rating or advisory organization, use, either consistently or intermittently, the rates or rating systems made or adopted by a rating organization, or the underwriting rules or policy or bond forms prepared by a rating or advisory organization shall not be sufficient in itself to support a find ing that an agreement so to adhere exists and may be used only for the purpose of supplementing or explaining any competent evidence of the existence of the agreement."
Section 3. Said Chapter 9 of Title 33 is further amended by striking Code Section 33-9-21 in its entirety and inserting in lieu thereof a new Code Section 33-9-21 to read as follows:
"33-9-21. Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Code section for any insurer maintaining membership or subscriberships in such organization, to the extent that the insurer uses, or in the case of a workers' compensation insurer uses or pro poses to use, the rates, rating plans, rating systems, underwriting rules, and policy or bond forms of such organization; provided, however, the Commissioner may when he deems it necessary, without compliance with the rule-making procedures of this chapter or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act':
(1) Require any domestic, foreign, and alien insurer to file the re quired rates, rating plans, rating systems, underwriting rules, and policy or bond forms used, or in the case of a workers' compensation insurer used or filed for approval, by it, independent of any filing made on its behalf or as a member of a licensed rating organization, as he shall deem to be necessary to insure compliance with the standards of this chapter and Code Section 34-9-130 and for the best interests of the citizens of this state; and
(2) Require any domestic, foreign, and alien insurer, writing or authorized to write workers' compensation insurance in this state, to file such insurer's own individual rate filing for premium rates to be charged for workers' compensation insurance coverage written in this

FRIDAY, MARCH 26, 1982

3611

state. Such premium rates shall be developed and established based upon each individual insurer's experience in the State of Georgia. The experience filed shall include the loss ratios, reserves, reserve development information, expenses including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and in formation used by that insurer in formulating its workers' compensa tion premium rates which are used in this state and any other infor mation or data required by the Commissioner. The Commissioner is authorized to accept such rate classifications as are reasonable and necessary for compliance with this chapter, or he may set said rates for said insurer on the best information available.''
Section 4. Said Chapter 9 of Title 33 is further amended by striking Code Section 33-9-23 in its entirety and inserting in lieu thereof a new Code Section 33-9-23 to read as follows:
"33-9-23. (a) The Commissioner may, at any reasonable time, make or cause to be made an examination of every admitted insurer transacting any class of insurance to which this chapter is applicable to ascertain whether the insurer and every rate and rating system used by it for each class of insurance complies with the requirements and standards of this chapter applicable thereto. The examination shall not be a part of a periodic general examination participated in by representatives of more than one state.
(b) In addition to and apart from the examination required by subsection (a) of this Code section, the Commissioner may, at any reasonable time, examine or cause to be examined by some examiner duly authorized by him all insurers transacting workers' compensa tion insurance in this state. This examination will include a review of the loss ratios, reserves, reserve development information, expenses including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and information used by that insurer in for mulating its workers' compensation premium rates which are used in this state and any other information or data required by the Commis sioner. Upon completion of this examination, a report in such form as the Commissioner shall prescribe shall be filed in his office."
Section 5. Chapter 9 of Title 34 of the Official Code of Georgia An notated, relating to workers' compensation, is amended by striking from the first sentence of Code Section 34-9-122 the following:
", at the rate prescribed by the Insurance Commissioner,'',
so that when so amended, Code Section 34-9-122 shall read as follows:
"34-9-122. Any policy of insurance issued under this chapter shall be the standard workers' compensation policy of insurance contain ing the usual and customary provisions found in such policies and shall include a provision that the premium charge shall be promptly paid. If there is any question regarding the lack of accident prevention and safety engineering with respect to a particular risk, reasonable rules and regulations are to be promulgated, which shall be put into

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full force and effect when approved by the board. The requirements of this Code section and Code Sections 34-9-131 through 34-9-134 shall be in addition to anything required of insurance companies under the general laws of this state as embodied in Title 33."
Section 6. Said Chapter 9 of Title 34 is further amended by striking in its entirety Code Section 34-9-130, which reads as follows:
"34-9-130. (a) The rates charged by all carriers of insurance, in cluding the parties to any mutual, reciprocal, or other plan or scheme for writing insurance against the liability for compensation under this chapter, shall be fair, reasonable, and adequate, with due allowance for merit rating; and all risks of the same kind and degree of hazard shall be written at the same rate by the same carrier. The basic rates for policies or contracts of insurance against liability for compensa tion under this chapter shall be filed with the Insurance Commis sioner for his approval; and no policy of insurance against such liabili ty shall be valid until the basic rates thereof have been filed with and approved by the Insurance Commissioner; nor shall such policy be valid if the basic rates have been subsequently disapproved by the Commissioner. Any plan or scheme for modification of such basic rates by physical inspection or experience or merit rating shall likewise by filed with the Insurance Commissioner and approved by him; and no carrier of insurance shall write any such policy or con tract until after filing and approval of a basic rate therefor and a schedule or plan to be employed in producing individual rates for risks.
(b) Each such insurance carrier, including the parties to any mutual, reciprocal, or other plan or scheme for writing insurance against the liability for compensation under this chapter, shall report to the Insurance Commissioner as provided by law and in accordance with such reasonable rules as the Insurance Commissioner may at any time prescribe for the purpose of determining the solvency of the car rier and the adequacy or reasonableness of its rates and reserves; for such purpose, the Insurance Commissioner may inspect all the books and records of such insurance carrier and its agent or agents and may examine its agents, officers, and directors under oath.
jc) The Insurance Commissioner shall have the power, in such manner and by such means as he may deem proper and adequate, to gather statistics and information and make investigations concerning rates for such insurance; and to that end he may take into considera tion the income and earnings, from any and every source whatever, of any such company and may call upon the members of the boards to sit with him in an advisory capacity at any investigation or hearing con cerning such rates. Authority is conferred upon the Insurance Com missioner to make such arrangements with the board as may be agreeable to it for collecting, compiling, preserving, and publishing statistical and other data in connection with the work of regulating workers' compensation insurance rates; and whenever he deems proper, with the consent of the board members, he may appoint any of the members or employees of the board as special agents of the In surance Commissioner to take testimony and make reports with reference to any matters involving questions of workers' compensa-

FRIDAY, MARCH 26, 1982

3613

tion insurance rates. Any party at interest may appeal from any deci sion of the Insurance Commissioner made under this Code section in the manner provided by law.",
and inserting in lieu thereof a new Code Section 34-9-130 to read as follows:
"34-9-130. In addition to the authority prescribed in Title 33, the Insurance Commissioner shall have the power, in such manner and by such means as he may deem proper and adequate, to gather statistics and information and make investigations concerning rates for such insurance. He may take into consideration the income, earn ings, and loss ratios from any and every source whatever of any such company and may call upon the directors of the State Board of Workers' Compensation to sit with him in an advisory capacity at any investigation or hearing concerning any rate or rates."
Section 7. Said Chapter 9 of Title 34 is further amended by striking in its entirety Code Section 34-9-133, which reads as follows:
"34-9-133. The board shall prescribe rules and regulations for ap portioning rejected workers' compensation policies and may establish and enforce an equitable assignment of such policies; provided, however, that the board shall refer the assignment of such policies to any rate-making or rate-modification bureau or other similar bureau with the authority to handle such matters in this state, which bureau is maintained by the insurance carriers and approved by the In surance Commissioner, if such bureau agrees that, subject to rules ap proved by the board, it will immediately assign a company to write a risk when such risk has been rejected by any three companies doing business in this state.",
and inserting in lieu thereof a new Code Section 34-9-133 to read as follows:
"34-9-133. The board shall prescribe the rules and regulations for apportioning rejected workers' compensation policies and may establish an equitable assignment of such policies and enforce such provisions; provided, however, the Insurance Commissioner is authorized to establish or approve a method to apportion on a pro rata basis any rejected workers' compensation policy where four insurers duly authorized to write workers' compensation insurance refused, in writing, to issue the workers' compensation policy to cover said risk. In formulating this method of assignment, a minimum loss ratio will be considered by the Insurance Commissioner. Then, such establish ed or approved method shall immediately assign an insurer to write such risk. Where such assignment has been made under the aforementioned method, the board shall not make the assignment."
Section 8. This Act shall become effective on January 1, 1984.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

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Senator Tysinger of the 41st moved that the Senate agree to the House substitute to SB 379 as amended by the following amendment:
Amend the House substitute to SB 379 by striking on Page 3, lines 28 and 29, the following:
"or filed for approval''
and omit the comma on line 29 following the word "approval",
and
by striking on Page 4, lines 21-23 the following:
"or he may set said rates for said insurer on the best information available.",
and
by changing the comma on line 21 to a period.

On the motion, 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 Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill

Robinson Scott Starr Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Barker Barnes Bond Cobb

English Evans Greene Hill Holloway (presiding)

Littlefield McKenzie Reynolds Stephens Stumbaugh

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 379 as amended by the Senate.

FRIDAY, MARCH 26, 1982

3615

The following resolution of the Senate was read and adopted:

SR 421. By Senators Allgood of the 22nd and Lester of the 23rd: A resolution honoring Representative Richard A. Dent.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, an nounced that the Senate would stand in recess from 3:05 o'clock P.M. until 3:30 o'clock P.M.

At 3:30 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, called the Senate to order.

The following resolution of the Senate and bill of the House, favorably reported by the committees, were read the third time and put upon their passage:

SR 384. By Senators Robinson of the 27th, Garner of the 30th and Greene of the 26th:
A resolution creating the State Ombudsman 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 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 Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Wessels

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Those not voting were Senators:

Barker Bowen Foster Garner

Greene Holloway (presiding) Littlefield

McGill Summers Walker

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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.
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 Brannon
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Fincher of 52nd Fincher of 54th Greene Hill
Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Trulock Turner Tysinger

FRIDAY, MARCH 26, 1982

3617

Those not voting were Senators:

Bowen Brantley
Evans Foster

Garner Gillis
Holloway (presiding) Hudgins

Land Robinson
Walker Wessels

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following local bill of the House was taken up for the purpose of consider ing the Conference Committee Report thereon:

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.

The Conference Committee Report on HB 1906 was as follows:

The Conference Committee on HB 1906 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1906 be adopted.

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Isl Culver Kidd Senator, 25th District

Is/ Bob Argo Representative, 63rd District

/s/ Jack L. Stephens Senator, 36th District

1st Harry D. Dixon Representative, 151st District

/s/ Floyd Hudgins Senator, 15th District

/s/ Charles Martin Representative, 60th District

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Conference Committee substitute to HB 1906:

A BILL
To be entitled an Act 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 consumption on the premises at certain times on Sundays if approved in a referendum; to authorize the governing authority of certain counties and every municipality located within such counties, through proper resolution or ordinance, to issue licenses to sell alcoholic beverages for beverage purposes by the drink, such sales to be for consumption only on the premises; to provide the procedures connected therewith; 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. The "Georgia Alcoholic Beverage Code," Code Title 5A, is amended by adding at the end of Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, a new subsection to be labeled subsection (j) and to read as follows:
"0) (1) In each county having a population of not less than 69,000 and not more than 75,000 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 in those coun ties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and one hour immediately following that time.
(2) (A) This subsection shall not become effective in the unincor porated area of any such county or in any municipality unless the ap plication to the unincorporated area of such county or municipality is approved at a referendum by the voters of the unincorporated area of any such county or municipality. Such referendum shall be held on the date of the first general primary election held after this paragraph first applies to the county or municipality. Not less than 30 nor more than 60 days prior to the date of such primary, it shall be the duty of the election superintendent of the county to issue the call for an elec tion for the purpose of submitting this question to the electors of the unincorporated area of any such county and each affected municipali ty for approval or rejection. The superintendent shall set the date of such election for the date of said primary. The superintendent shall cause the date and purpose of the election to be published once a

FRIDAY, MARCH 26, 1982

3619

week for two weeks immediately preceding the date thereof in the of ficial organ of the county. The ballot shall have written or printed thereon the words:

[ ] YES [ ] NO

Shall the law allowing the governing authority of (insert name of the affected political subdivision) to allow the sale of alcoholic beverages for one hour after 11:55 P.M. on Saturdays be approved?'

(B) All persons desiring to vote for approval shall vote 'Yes,' and those persons desiring to vote for rejection shall vote 'No.' If more than one-half of the votes cast on such question in the unincorporated area of such county are for approval, then paragraph (1) shall become of full force and effect in the unincorporated area of the county. If more than one-half of the votes case on such question in any municipality are for approval, then paragraph (1) shall become of full
force and effect in such municipality.

(C) The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such elec tion. It shall be his further duty to certify the result thereof to the Secretary of State.''

Section 2. Said title is further amended by adding a new paragraph (5) at the end of subsection (b) of Code Section 5A-2901 to read as follows:

"(5) The governing authority in all counties of this state having a population of not less than 160,000 nor more than 170,000 according to the United States decennial census of 1980 or any future such cen sus and every municipality located in such counties, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages for beverage purposes by the drink, such sales to be for consumption only on the premises. In the event the governing authority of any such county or municipality coming under the provi sions of this paragraph desires to exercise the powers authorized by this paragraph, the governing authority shall conduct a special referendum election which shall be held at the time of holding any other primary or election in such county or municipality for the pur pose of determining whether or not these powers may be exercised. In the event a majority of those persons voting in the election vote in favor of the governing authority issuing licenses for the sale of distill ed spirits, as authorized by this paragraph, then the governing authori ty shall exercise the power conferred by this paragraph. Otherwise, the governing authority shall not have these powers."

Part 2

Section 3. Title 3 of the Official Code of Georgia Annotated, known as the "Georgia Alcoholic Beverage Code," is amended by adding a new subsection (i) at the end of Code Section 3-3-7 to read as follows:

"(i) (1) In each county having a population of not less than 69,000 and not more than 75,000 according to the United States decennial census of 1980 or any future such census, in which the sale of

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alcoholic beverages is lawful and in all municipalities in those coun ties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and one hour immediately following that time.

(2) (A) This subsection shall not become effective in the unincor porated area of any such county or in any municipality unless the ap plication to the unincorporated area of such county or municipality is approved at a referendum by the voters of the unincorporated area of any such county or municipality. Such referendum shall be held on the date of the first general primary election held after this paragraph first applies to the county or municipality. Not less than 30 nor more than 60 days prior to the date of such primary, it shall be the duty of the election superintendent of the county to issue the call for an elec tion for the purpose of submitting this question to the electors of the unincorporated area of any such county and each affected municipali ty for approval or rejection. The superintendent shall set the date of such election for the date of said primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the of ficial organ of the county. The ballot shall have written or printed thereon the words:

'[ ] YES [ ] NO

Shall the law allowing the governing authority of (insert name of the affected political subdivision) to allow the sale of alcoholic beverages for one hour after 11:55 P.M. on Saturdays be approved?'

(B) All persons desiring to vote for approval shall vote 'Yes,' and those persons desiring to vote for rejection shall vote 'No.' If more than one-half of the votes cast on such question in the unincorporated area of such county are for approval, then paragraph (1) shall become of full force and effect in the unincorporated area of the county. If more than one-half of the votes case on such question in any municipality are for approval, then paragraph (1) shall become of full force and effect in such municipality.

(C) The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such elec tion. It shall be his further duty to certify the result thereof to the Secretary of State."

Section 4. Said title is further amended by adding a new paragraph (5) at the end of subsection (b) of Code Section 3-4-90 to read as follows:

"(5) The governing authority in all counties of this state having a population of not less than 160,000 nor more than 170,000 according to the United States decennial census of 1980 or any future such cen sus and every municipality located in such counties, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages for beverage purposes by the drink, such sales to be for consumption only on the premises. In the event the governing

FRIDAY, MARCH 26, 1982

3621

authority of any such county or municipality coming under the provi sions of this paragraph desires to exercise the powers authorized by this paragraph, the governing authority shall conduct a special referendum election which shall be held at the time of holding any other primary or election in such county or municipality for the pur pose of determining whether or not these powers may be exercised. In the event a majority of those persons voting in the election vote in favor of the governing authority issuing licenses for the sale of distill ed spirits, as authorized by this paragraph, then the governing authori ty shall exercise the power conferred by this paragraph. Otherwise, the governing authority shall not have these powers."
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 November 1, 1982.
Section 6. Notwithstanding any other provision of law to the con trary, the United States decennial census of 1980 shall become effective for purposes of this Act on the effective date of this Act.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Stephens of the 36th moved that the Senate adopt the Conference Com mittee Report on HB 1906.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1906.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

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The House substitute to SB 489 was as follows:

A BILL
To be entitled an Act to amend Code Chapter 68-2, relating to licenses for motor vehicles, as amended, so as to eliminate the payment of a $2.00 fee for lost, defaced, or destroyed county decals; to provide for the replacement of lost, defaced, or destroyed county decals; to change the penalty provisions relating to operating a vehicle without the proper county decal designating the county where the vehicle was last registered; to provide that special bicentennial license plates issued in 1976 may continue to be used after December 31, 1982; to prohibit the use of certain materials to cover or obstruct license plates; 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 68-2, relating to licenses for motor vehicles, as amended, is amended by replacing subsection (f) of Code Section 68-214 with a new subsection to read as follows:
"(f) A duplicate license plate, or revalidation sticker, when the original has been lost, defaced, or destroyed, may be obtained from the commissioner upon filing with him an affidavit setting forth the facts of such loss or destruction and the payment of a fee of $2.00. A license plate, when issued, shall not be transferred from one vehicle to another and shall not be used by any other person or upon any vehi cle other than the one to which it is assigned, except as hereinafter provided. Any use of said plate by any other person or persons in any manner not provided for in this chapter shall be a violation thereof. A duplicate county decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner at no cost."
Section 2. Said Code chapter is further amended by replacing subsection (h) of Code Section 68-214 with a new subsection to read as follows:
"(h) (II Any vehicle operated in the State of Georgia after April 1 of any year, which is required to be registered, that does not have at tached to the rear thereof a numbered license plate, and current revalidation sticker, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated. If the owner of said vehicle presents evidence that he has properly applied for the registra tion of such vehicle, but that the license plate, or revalidation sticker has not been delivered to him, then said owner shall not be subject to the above penalties.

FRIDAY, MARCH 26, 1982

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(2) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a sec ond or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate."
Section 2A. Said Code chapter is further amended by striking in its entirety subsection (b) of Code Section 68-214 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, serial number, and either the full name or the abbreviation of the name of the State, designate the coun ty from which the license plate was issued, and such other distinctive markings as in the judgment of the commissioner may be deemed ad visable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the Revenue Commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the "Peach State." The metal shall be of such strength and quality that the plate shall provide a minimum service period of seven years. Every seven years a new metal license plate shall be provided by the commissioner for is suance, except that license plates issued for vehicles in excess of 24,000 pounds shall be issued annually and no revalidation sticker shall be issued for such plates. Metal license plates issued on or after January 1, 1976, which were originally intended for use for a period of five years, shall continue to be used until replaced by the issuance of new metal license plates beginning on January 1, 1983; provided, however, that special bicentennial license plates issued in 1976 may continue to be used after December 31, 1982, and the commissioner shall issue a special revalidation sticker for such license plates in 1983 and regular revalidation stickers thereafter."
Section 3. Said Code chapter is further amended by replacing Code Section 68-215 with a new Code section to read as follows:
"68-215. Display of number plates. Every motor vehicle, tractor, trailer, or motorcycle, which is in use upon the highways, shall at all times display the number plate assigned to it, and the same shall be fastened to the rear of the vehicle in a position so as not to swing, and shall be at all times plainly visible. The State Revenue Commissioner shall be authorized to adopt rules and regulations so as to permit the display of a number plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the number plate legi ble at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state."

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Part 2
Section 4. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by replacing Code Sec tion 40-2-40 with a new Code section to read as follows:
"40-2-40. A duplicate license plate, or revalidation decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner upon filing with him an affidavit setting forth the facts of such loss or destruction and the payment of a fee of $2.00. A duplicate county decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner at no cost."
Section 5. Said title is further amended by replacing Code Section 40-2-8 with a new Code section to read as follows:
"40-2-8. (a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street after April 1 of each year without complying with that Code section shall be guilty of a misdemeanor. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street after April 1 of each year without complying with that Code section shall be guilty of a misdemeanor and, upon convic tion thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense.
(b) Any vehicle operated in the State of Georgia after April 1 of any year which is required to be registered and which does not have attached to the rear thereof a numbered license plate, and current revalidation decal, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated. If the owner of such vehicle presents evidence that he has properly applied for the registration of such vehi cle, but that the license plate, or revalidation decal has not been delivered to him, then the owner shall not be subject to the above penalties.
(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a sec ond or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate."
Section 5A. Said title is further amended by striking in its entirety subsection (b) of Code Section 40-2-29 and inserting in lieu thereof a new subsection |b) to read as follows:
"(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, the serial number, and either the

FRIDAY, MARCH 26, 1982

3625

full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commis sioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage adver tise, popularize, and otherwise promote Georgia as the "Peach State." The metal shall be of such strength and quality that the plate shall pro vide a minimum service period of seven years. Every seven years a new metal license plate shall be provided by the commissioner for is suance, except that license plates issued for vehicles in excess of 24,000 pounds shall be issued annually and no revalidation decal shall be issued for such plates. Metal license plates issued on or after January 1, 1976, which were originally intended for use for a period of five years, shall continue to be used until replaced by the issuance of new metal license plates beginning on January 1, 1983; provided, however, that special bicentennial license plates issued in 1976 may continue to be used after December 31, 1982, and the commissioner shall issue a special revalidation decal for such license plates in 1983 and regular revalidation decals thereafter."
Section 6. Said title is further amended by replacing Code Section 40-2-38 with a new Code section to read as follows:
"40-2-38. Every vehicle required to be registered under this chapter, which is in use upon the highways, shall at all times display the license plate assigned to it, and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. The commissioner is authorized to adopt rules and regulations so as to permit the display of a license plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state."
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.
jb) 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 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Scott of the 43rd moved that the Senate agree to the House substitute to SB 489.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

Those not voting were Senators:

Bowen Evans Greene

Holloway (presiding) Land

McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Robinson Summers

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 489.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
SB 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.

FRIDAY, MARCH 26, 1982

3627

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 782. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to change the method of selection of members of the GlynnBrunswick Hospital Authority; to provide for qualifications of members; to provide for all related matters.

The House has disagreed to the Senate substitute to the following bill of the House:

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 additional fee required to obtain such special license plate; to amend the Official Code of Georgia Annotated accord ingly.

The House has disagreed to the Senate amendments to the following bills of the House:

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 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 renumeration for clerks of the superior courts, so as to add provisions relative to the abolishment of certain courts.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 942. By Representative Burruss of the 21st and others: A resolution commending Dr. Sid E. Williams.

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JOURNAL OF THE SENATE

The following local bill of the Senate was taken up for the purpose of consider ing the House amendment thereto:

SB 782. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to change the method of selection of members of the GlynnBrunswick Hospital Authority; to provide for qualifications of members.

The House amendment was as follows:

Amend SB 782 by adding before the period on line 15 of Page 1 and before the period on line 19 of Page 1 the following:
"at the time of appointment".
By striking from lines 4 and 5 of Page 3 the following:
"fails to meet the residence requirements of Section 2",
and inserting in lieu thereof the following:
"ceases to be a resident of Glynn County".
By striking from lines 15 through 18 of Page 3 the following:
", except that if any such member does not meet the residency re quirements of Section 2 his position shall be declared vacant and a successor appointed pursuant to Section 4.",
and inserting in lieu thereof a period.

Senator Littlefield of the 6th moved that the Senate agree to the House amend ment to SB 782.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 782.

The President resumed the Chair.

FRIDAY, MARCH 26, 1982

3629

The following bill of the House was taken up for the purpose of considering the Second Conference Committee Report 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.

The Second Conference Committee Report on HB 55 was as follows:

The Conference Committee on HB 55 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 55 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Robert H. Bell Senator, 5th District

I si John W. Greer Representative, 43rd District

I si Nathan Dean Senator, 31st District

Isi G. D. Adams Representative, 36th District

Thomas R. Scott Senator, 43rd District

I si Cas M. Robinson Representative, 58th District

Conference Committee substitute to HB 55:
A BILL
To be entitled an Act to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p. 2082), an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act ap proved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L.

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1974, p. 2617), an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p. 217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act approved March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved March 24, 1976 (Ga. L. 1976, p. 3104), an Act approved March 31, 1976 (Ga. L. 1976, p. 3407), an Act ap proved March 23, 1977 (Ga. L. 1977, p. 724), an Act approved March 30, 1977 (Ga. L. 1977, p. 1211), an Act approved April 8, 1977 (Ga. L. 1977, p. 1312), an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), an Act approved March 25, 1980 (Ga. L. 1980, p. 3831), an Act approved March 27, 1980 (Ga. L. 1980, p. 4333), and an Act approved April 7, 1981 (Ga. L. 1981, p. 4289), is hereby amended 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 acquisition, 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 and cer tain labor agreements between the Authority and an authorized representative of its employees; to prohibit strikes and work stoppages by employees of the Authority; to prohibit certain changes in wages and fringe benefits after the expiration of a labor contract; to provide for jurisdiction in the Superior Court of Fulton County over the foregoing; to limit wage, salary, and fringe benefit increases paid to certain officers and employees of the Authority; to allow a tax credit in certain limited in stances against the retail sales and use tax authorized to be imposed by a local taxing jurisdiction upon tangible personal property pursuant to Sec tion 25 of said Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as "The Metropolitan Atlanta Rapid Tran sit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p. 2082), an Act ap proved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L. 1974, p. 2617), an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p. 217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act approved March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved March 24, 1976 (Ga. L. 1976, p. 3104), an Act ap proved March 31, 1976 (Ga. L. 1976, p. 3407), an Act approved March 23, 1977 (Ga. L. 1977, p. 724), an Act approved March 30, 1977 (Ga. L. 1977, p. 1211), an Act approved April 8, 1977 (Ga. L. 1977, p. 1312), an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), an Act approved March 25, 1980 (Ga. L. 1980, p. 3831), an Act approved March 27, 1980

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3631

(Ga. L. 1980, p. 4333), and an Act approved April 7, 1981 (Ga. L. 1981, p. 4289), is hereby amended by adding immediately after subsection (q) of Section 8 a new subsection (r) to read as follows:
"(r) 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 immediate ly 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 acquisi tion, disposition or contract shall be made without the express approval of the Board and unless the negotiated price is reasonable."
Section 3. 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 autho rized 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 its place the following:
"(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.

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(2) The Authority shall submit labor disputes to binding grievance arbitration. Any labor dispute between the Authority and the authorized representative of its employees which involves the for mulation of contract provisions governing matters other than wages, which dispute cannot be settled by collective bargaining within 60 days after the expiration of a labor agreement between the Authority and the authorized representative, shall be submitted to fact finding under paragraph (5) of this subsection (b) and, if the dispute cannot be settled by collective bargaining by the earlier of 15 days following the issuance of the fact-finding report or 120 days after the expiration of the labor agreement, the dispute shall be submitted to binding interest arbitration. Any labor dispute involving the formulation of contract provisions governing wages may, with the consent of both parties, be submitted to binding interest 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 or interpretation of the terms and conditions of an ex isting 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 represen tative. No award in arbitration and no labor agreement entered into by the Authority may dilute, diminish, or impair the inherent manage ment rights of the Authority, which shall include, by way of illustra tion and not by way of limitation, the following:
(A) The right to direct, appoint, employ, assign, respecting rights of seniority, and promote officers, agents, and employees and to determine the standards therefor;
(B) The right to discharge and terminate employees for just cause;
(C) The right to plan and determine the levels of service to be pro vided by the Authority;
(D) The right, respecting rights of seniority, to assign work and the right to establish the standards of productivity of employees;
(E) The right to determine whether goods or services, other than the operating of buses or rail vehicles, should be contracted for, leased, purchased, or otherwise acquired on either a permanent or temporary basis, provided that no employees of the Authority are laid off as a result of this subparagraph (E);
(F) The right to hire part-time employees without payment of fringe benefits afforded to full-time employees, except that no parttime employee shall work more than 25 hours per week; and

FRIDAY, MARCH 26, 1982

3633

(G) The right, respecting rights of seniority, to establish the number of regular hours that may be worked by an employee in any one week, not to exceed 40 regular hours, and to establish the number of overtime hours that may be worked by an employee in any one week, not to exceed ten overtime hours.
(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 must meet the standards established by the American Arbitration Association.
(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:
(A) 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;
(B) 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 in the service area;
(C) 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 who perform work requiring similar skills in other major ground transportation services;
(D) A comparison of the hours and working conditions of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work re quiring similar skills in other major ground transportation services;
(E) The cost of consumer goods and services within the metropolitan area;
(F) Any stipulation entered into between 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

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factors set forth in paragraph (4) of this subsection (b). No interest ar bitration proceedings may commence until a 15 day period following the issuance of said report has expired to give the Authority and said authorized representative an opportunity to continue collective bargaining in good faith during said 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 or curtailment of work by any employee of the Authority. The Authority shall not increase, decrease, or otherwise change the wages (including accrued cost-of-living allowances) or fringe benefits of employees as of the last day of an expired contract pending the establishment of new wages and fringe benefits by negotiation or arbitration.
(8) Officers and employees of the Authority, other than the general manager, who are not covered by a labor agreement between the Authority and the authorized representatives of its employees shall receive no greater increase in salaries, wages, and fringe benefits than the average percentage increase in salaries, wages, and fringe benefits granted to employees covered by that labor agreement."
Section 4. Said Act is further amended by designating the existing text of paragraph (c) of Section 25 as paragraph (1) and adding a new paragraph (2) of Section 25 to read as follows:
"(2) Credit. A credit shall be allowed against the tax authorized to be levied pursuant to this Act for the amount of local sales or use tax imposed pursuant to Code Chapter 91A-46 or Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, as now or hereafter amended, which has been paid with respect to the same property by the purchaser thereof in a local taxing jurisdiction within the State; provided, however, that no credit shall be allowed for taxes paid in another local taxing jurisdiction unless a like credit is granted against the tax authorized to be imposed pursuant to said Code Chapter 91A-46 or Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated for any amount which has been paid as a tax levied pursuant to this Act. If the amount of sales or use tax so paid pursuant to said Code Chapter 91A-46 or Article 2 of Chapter 8 of Ti tle 48 of the Official Code of Georgia Annotated is less than the amount of tax payable pursuant to this Act, the purchaser shall pay an amount equal to the difference between the amount so paid and the amount due as authorized to be levied pursuant to this Act. Provided further, that no credit hereunder will be allowed within the territory of any local government which levies both the tax authorized pur-

FRIDAY, MARCH 26, 1982

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suant to this Act and a local sales or use tax pursuant to said Code Chapter 92A-46 or Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated. The State Revenue Commissioner may require such proof of payment of taxes levied pursuant to said Code Chapter 91A-46 or Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated as he deems necessary and proper."
Section 5. In the event any section, subsection, sentence, clause or phrase of this Act is declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsec tions, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or un constitutional.
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Bell of the 5th moved that the Senate adopt the Second Conference Committee Report on HB 55.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Brannon Brantley Broun of 46th Brown of 47th Bryant Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Holloway Howard Kennedy Land Lester

McGill Robinson Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker

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Those voting in the negative were Senators:

Allgood Barker Barnes Bond Bowen Coleman

Horton Hudgins Hudson Kidd Littlefield McKenzie

Reynolds Scott Starr Stephens Tate Wessels

Those not voting were Senators:

Ballard

Cobb

Greene

On the motion, the yeas were 35, nays 18; the motion prevailed, and the Senate adopted the Second Conference Committee Report on HB 55.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 684 was as follows:
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 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 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:

FRIDAY, MARCH 26, 1982

3637

(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.
(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 prop erty where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, in spection or regulation by the Department of Human Resources or a local agency thereof.
88-302A. Persons who may obtain inspection warrants. The Com missioner 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 a provision of law which authorizes licensure, inspection or regulation 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 terms 'inspection warrant' means a warrant authorizing a search or inspection of private prop erty where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, in spection, or regulation by the Department of Human Resources or a local agency thereof.

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31-5-21. The commissioner or his delegate or 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. 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 one that is elsewhere authorized under the rules and regulations duly promulgated under this title or any pro vision of law which authorizes licensure, inspection, or regulation 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.''
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.

Senator Engram of the 34th moved that the Senate agree to the House substitute to SB 684.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Coleman Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Gillis Hill Holloway Horton Hudgins Kennedy Kidd Land Lester McGill McKenzie Reynolds

Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

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3639

Those not voting were Senators:

Ballard Cobb Coverdell

Fincher of 52nd Garner Greene

Howard Hudson Littlefield

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 684.
The following local resolution of the House was taken up for the purpose of considering the House action thereon:
HR 626. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd: A resolution proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purposes being established as calendar year 1981.
Senator Fincher of the 54th moved that the Senate adhere to the Senate substitute to HR 626, and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 1; the motion prevailed, and the Senate adhered to the Senate substitute to HR 626.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Fincher of the 54th, Brannon of the 51st and Gillis of the 20th.
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 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.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Bowen
Brannon Brantley Broun of 46th Bryant Cobb Coleman
Deal Dean Eldridge

English Fincher of 54th Foster Garner Gillis Hill
Holloway Horton Hudgins Kennedy Kidd Lester
Littlefield McGill McKenzie

Reynolds Scott Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Trulock Turner
Tysinger Walker Wessels

Those not voting were Senators:

Barnes Brown of 47th
Coverdell Engram

Evans Fincher of 52nd
Greene Howard

Hudson Land
Robinson

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsors: Senators Evans of the 37th and Hill of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 26, 1982

3641

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th
Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard 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:

Barnes Evans Hudgins

Hudson Land

Starr Summers

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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. Senate Sponsor: Senator Kidd of the 25th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bond Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 54th Foster Garner Gillis Greene Holloway Horton
Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Scott Stephens
Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Bell Bowen Brantley

Fincher of 52nd Hill Land

On the passage of the bill, the yeas were 46, nays 0.

Robinson Starr Tate

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 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.

Senator Greene of the 26th moved that the Senate recede from the Senate substitute to HB 1529.

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3643

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge English Engram

Evans Foster Gillis Greene Howard Hudson Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson

Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bell Bowen Brantley Cobb

Fincher of 52nd Fincher of 54th Garner Hill

Holloway Horton Hudgins Land

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate receded from the Senate substitute to HB 1529.

The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:

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.

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The Conference Committee Report on HB 1437 was as follows:

The Conference Committee on HB 1437 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1437 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Isi Lee Robinson Senator, 27th District

Isl Benson Ham Representative, 80th District

Is/ John C. Foster Senator, 50th District

/s/James M. Beck Representative, 148th District

/s/ Kyle T. Cobb Senator, 28th District

/s/ Claude A. Bray, Jr. Representative, 70th District

Conference Committee Report on HB 1437:
A BILL
To be entitled an Act to amend Code Title 5A, relating to alcoholic beverages, as amended, so as to change the amount of wine which may be produced by such wineries selling at retail on their premises; to change certain provisions relative to the content of such wine; to change certain license fees; to change certain provisions relative to the levy of excise taxes on certain domestic wines; 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 Title 5A, relating to alcoholic beverages, as amended, is amended by striking subsections (a) and (b) of Code Section 5A-5511 and inserting in their respective places new subsections (a) and (b] to read as follows:
"(a) The commissioner may authorize any licensee authorized to manufacture wine in this state to sell such wine at retail on the premises of the winery, but only if the licensee produces less than 378,000 liters of wine per year and the wine is made wholly in Georgia from at least 40 percent of Georgia grown agricultural prod ucts.

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jb) The annual license tax for each license issued pursuant to this section shall be $50.00."
Section 2. Said title is further amended by striking in their entirety paragraphs (1) and (3) of Code Section 5A-5701 and inserting in their respective places new paragraphs (1) and (3) to read as follows:
"(1) On table wine produced within the state from at least 40 per cent of fruits and berries grown within the state:
(A) Eleven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and
(B) Forty cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown without the state.
(3) On dessert wines produced within the state, from at least 40 percent of fruits and berries grown within the state:
(A) Twenty-seven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and
(B) Sixty-seven cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that poriton that is produced from fruits and berries grown without the state."
Part 2
Section 3. Chapter 6 of Title 3 of the Official Code of Georgia An notated, relating to the regulation of wine, is amended by striking subsections (a) and (b) of Code Section 3-6-21.1 and inserting in their respective places new subsections (a) and (b) to read as follows:
"(a) The commissioner may authorize any licensee authorized to manufacture wine in this state to sell such wine at retail on the premises of the winery, but only if the licensee produces less than 378,000 liters of wine per year and the wine is made wholly in Georgia from at least 40 percent of Georgia grown agricultural prod ucts.
(b) The annual license tax for each license issued pursuant to this Code section shall be $50.00."
Section 4. Said Chapter 6 is further amended by striking in their en tirety paragraphs (1) and (3) of Code Section 3-6-50 and inserting in their respective places new paragraphs (1) and (3) to read as follows:
"(1) On table wine produced within the state from at least 40 per cent of fruits and berries grown within the state:
(A) Eleven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and

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(B) Forty cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown without the state;
(3) On dessert wines produced within the state, from at least 40 percent of fruits and berries grown within the state:
(A) Twenty-seven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and
(B) Sixty-seven cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown without the state;".
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.

Senator Robinson of the 27th moved that the Senate adopt the Conference Com mittee Report on HB 1437.

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 Brannon 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 Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Wessels

FRIDAY, MARCH 26, 1982

3647

Those not voting were Senators:

Bond Bowen

Brantley Garner

Tate Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1437.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 519 was as follows:

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 that distinctive drivers' licenses for persons 16 or 17 years of age shall be conditional and shall be suspended under certain conditions; to provide that certain suspended drivers' licenses may be reinstated under certain conditions; to provide for the punishment of individuals operating a motor vehicle under certain circumstances; to provide for other matters relative to the foregoing; 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. 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.

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(c) The drivers' licenses of person 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. For the purposes of this Code section, a forfeiture of bail or bond, an accepted plea of guilty, or an accepted plea of nolo contendere to a charge of violating any offense enumerated in Code Section 40-5-54 or speeding 25 or more miles per hour in excess of the speed limit shall constitute a conviction.
(d) Upon receiving a record of the holder of a distinctive condi tional license being convicted for an offense specified in subsection (c) of this Code section, the department shall suspend the distinctive con ditional license for one year when the conviction is for a first offense. However, after a minimum of 60 days has expired following the sur render of the license under subsection (f) of this Code section, upon application being made to the department and upon the submission of proof to the department that the person whose license is suspended has completed an approved defensive driving course or an approved basic alcohol or drug course if the offense was driving under the in fluence of alcohol or drugs and upon the payment of restoration fee of $20.00, the department may reinstate the distinctive conditional driver's license.
(e) Upon receiving a record of the holder of a distinctive condi tional license being convicted for a second time for an offense specified in subsection (c) of this Code section, the department shall revoke the distinctive conditional license. The period of revocation shall begin on the date the distinctive conditional license is sur rendered to the court as provided in subsection (f) of this Code section and end on the eighteenth birthday of the person whose distinctive conditional license was revoked or 90 days after the date of the sur render of the license, whichever is later.
(f) Whenever the holder of a distinctive conditional driver's license is convicted of an offense requiring suspension or revocation of the license under subsection jd) or (e) of this Code section, the court in which such conviction is had shall require the surrender to it of the distinctive conditional driver's license then held by the person so con victed, and the court shall forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this ti tle, to the department within 15 days after the conviction. The provi sions of Code Section 40-5-53 shall apply to the surrender of licenses under this subsection."
Section 2. Said chapter is further amended by striking subsection (c) of Code Section 40-5-58 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Except as provided in subsection (e) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any

FRIDAY, MARCH 26, 1982

3649

person declared to be an habitual violator and whose driver's license has been revoked under this Code section and who is thereafter con victed of operating a motor vehicle while his license is so revoked shall be punished by a fine of not less than $750.00 or by imprison ment in the penitentiary for not less than one nor more than five years, or both."
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.

Senator Coverdell of the 40th moved that the Senate agree to the House substitute to SB 519.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond 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 Land Lester Littlefield

McGill McKenzie Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Holloway

Hudgins

Kidd

Those not voting were Senators:

Allgood Bowen Brannon

Brantley Reynolds

Robinson Tate

On the motion, the yeas were 46, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 519.

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The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:

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.

The Conference Committee Report on HB 1546 was as follows:

The Conference Committee on HB 1546 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1546 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Paul C. Broun Senator, 46th District

Is/ Tom Triplett Representative, 128th District

1st Floyd Hudgins Senator, 15th District

I si Lauren McDonald, Jr. Representative, 12th District

Is/ Perry J. Hudson Senator, 35th District

1st Benson Ham Representative, 80th District

Conference Committee substitute to HB 1546:
A BILL
To be entitled an Act to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, 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; to provide for the composition, powers, and duties of the board of governors of the Geo. L. Smith II Georgia World Congress Center Authority; to provide for the

FRIDAY, MARCH 26, 1982

3651

creation of offices of the Geo. L. Smith II Georgia World Congress Center Authority; to provide that the Geo. L. Smith II Georgia World Congress Center Authority shall be exempt from taxation; to provide for venue in actions against the authority; to authorize the authority to accept con tributions; to provide for establishment of fees and charges and the disposition of receipts of the authority; to authorize contracts between the Geo. L. Smith II Georgia World Congress Center Authority and the Department of Industry and Trade relating to the operation and manage ment of the Geo. L. Smith II Georgia World Congress Center; to provide for the creation, composition, powers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee; to pro vide 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 9 of Title 10 of the Official Code of Georgia An notated, relating to the Geo. L. Smith II Georgia World Congress Center, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 9 of the Official Code of Georgia Annnotated to read as follows:
"CHAPTER9 ARTICLE 1
10-9-1. This chapter may be known and cited as the 'Geo. L. Smith II Georgia World Congress Center Act.'
10-9-2. There is re-created the 'Geo. L. Smith II Georgia World Congress Center Authority' as a body corporate and politic, which shall be an instrumentality of the State of Georgia and a public cor poration.
10-9-3. As used in this chapter, the term:
(1) 'Authority' means the Geo. L. Smith II Georgia World Con gress Center Authority.
(2) 'Cost of the project' means the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of con struction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or inci dent to determining the feasibility or practicability of the project; ad ministrative expenses; and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obliga tion 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 reim bursed as such out of the proceeds of general obligation bonds issued by the State of Georgia or such other bonds or obligations as may be issued by any authority or agency of the State of Georgia.

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(3) 'Project' means a comprehensive international trade and con vention center and meeting facility with exhibit space capable of handling large trade groups; a Georgia Hall to be a world showcase for displaying exhibits of Georgia's counties, municipalities, industries, and attractions and to promote the agricultural, historic, recreational, and natural resources of the State of Georgia; individual meeting rooms with simultaneous translation facilities for several languages; other related facilities for cultural, political, musical, educational, and other events, including, without limitation, refreshment stands and restaurants and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether operated or purveyed directly or indirectly through conces sionaries, licensees, or lessees, or otherwise; and parking facilities and parking areas in connection therewith. The project shall be located in the City of Atlanta and will be known as the 'Geo. L. Smith II Georgia World Congress Center.' As used in this chapter, the proj ect described by the term 'Geo. L. Smith II Georgia World Congress Center' shall include the same project formerly known as and may be referred to as the 'Georgia World Congress Center.'
10-9-4. The authority shall have the following powers:
(1) To bring actions, complain, and implead in any judicial, ad ministrative, arbitration or other action or proceeding and, to the ex tent permitted by law, to have actions brought against it, to be impleaded, and to defend in such proceedings:
(2) To have a seal and alter the same at its pleasure;
(3) To make and alter bylaws, rules, and regulations, not inconsis tent with law, for the administration and regulation of its business and affairs;
(4) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, and fix their compensation;
(5) To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve and use, and to sell, convey, exchange, transfer, lease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes;
(6| To make all contracts and to execute all instruments necessary or convenient to its purposes;
(7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agnecy or in strumentality thereof, upon the terms and conditions as may be im posed thereon to the extent the terms and conditions are not inconsis tent with the limitation and laws of this state and are otherwise within the power of the authority;

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(8) To exercise the power of eminent domain and acquire by con demnation, in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or con venient for its corporate purposes;
(9) To borrow money for any of its corporate purposes and to pro vide for the payment of the same, as may be permitted under the Con stitution and laws of the State of Georgia;
(10) 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;
(11) To do all things necessary or convenient to carry out the powers expressly given in this chapter; and
(12) Said authority shall comply with all applicable state budgetary processes and procedures as relate to compensation of employees of the authority.
10-9-5. The authority is authorized and directed to contract with the Department of Industry and Trade to exercise on behalf of the department such future responsibility in connection with the acquisi tion, construction, operation, management, and maintenance of the project as is now or may be vested in the department; and the Depart ment of Industry and Trade is authorized by such contract to delegate to the authority all of its responsibilities and powers with respect to the project and to transfer to the authority any and all contracts, plans, documents, or other papers of said department relating to the project, together with any and all funds heretofore or hereafter ap propriated to it for the acquisition, construction, operation, manage ment, or maintenance of the project or for all other purposes related to the project, other than appropriations made specifically for debt ser vice purposes, as compensation to the authority under such contract. Under contract with the Department of Industry and Trade, as herein authorized, the authority on behalf of the Department of Industry and Trade shall plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project, as hereinabove defined, on property owned by or leased by the State of Georgia in the City of Atlanta, Georgia, the cost of any such project to be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia as the General Assembly may authorize or from such proceeds and other funds as may be available for such purposes, including any grant from the United States of America or any agency or instrumentality thereof. All actions of the authority and the Department of Industry and Trade, or their predecessors, heretofore taken in connection with such contrac tual relationship, are ratified and confirmed and shall not be affected by any provision of this chapter. Nothing herein shall affect the powers or duties of the Georgia State Financing and Investment Com mission or of the State Properties Commission.

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10-9-6. (a) The board of governors of the authority shall consist of nine members. Each member shall serve for a term of four years. All members of the board shall be appointed by the Governor of the State of Georgia and shall serve until the appointment and qualification of a successor. Said members shall be appointed from the general public; and no person holding any other office of profit or trust under the state shall be appointed to membership.
(b) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vancancy shall be for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in office to ex ercise all rights and perform all duties of the board.
(c) The members of the board of governors shall be entitled to and shall be reimbursed for their actual travel expenses necessarily incur red in the performance of their duties and, for each day actually spent in performance of their duties, shall receive the same per diem as do members of the General Assembly.
(d) The members of the authority in office on the effective date of this chapter shall continue in office as members of the board of gover nors for the remainder of the term for which they were appointed and until their successors are appointed and qualified hereunder.
10-9-7. (a) The management of the business and affairs of the authority shall be vested in the board of governors, subject to the pro visions of this chapter and to the provisions of bylaws adopted by the board of governors as authorized by this chapter.
(b) The board of governors shall have the power to make the bylaws, rules, and regulations for the government of the authority and the operation, management, and maintenance of the project as it may determine appropriate.
(c) A majority of the number of members of the board then in of fice shall constitute a quorum for the transaction of business. The vote of a majority of the members of the board present at the time of the vote, if a quorum is present at such time, shall be the act of the board unless the vote of a greater number is required by law or by the bylaws of the board of governors.
(d) If the bylaws of the authority so provide, the board of gover nors, by resolution adopted by a majority of the full board of direc tors, may designate from among its members an executive committee and one or more other committees, each consisting of two or more members of the board and each of which, to the extent provided in such resolution or the bylaws of the authority, shall have and may ex ercise such authority as the board of governors may delegate to it. Unless otherwise provided in the bylaws of the authority, any such committee shall act by a majority of its members. The designation of any such committee and the delegation thereto of authority shall not operate to relieve the board of governors or any member thereof of any responsibility imposed by law.

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10-9-8. (a) Meetings of the board of governors, regular or special, shall be held at the time and place fixed by or under the bylaws or, if not so fixed, by the board. Regular meetings of the board may be held with or without notice as prescribed in the bylaws. Special meetings of the board shall be held upon such notice as is prescribed in the bylaws. Unless otherwise prescribed in the bylaws, written notice of the time and place of special meetings of the board shall be given to each member either by personal delivery or by mail, telegram, or cablegram at least two days before the meeting. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board need to be specified in the notice or waiver of notice of such meeting unless required by the bylaws. Meetings of the board may be called by the chairman of the board or by any other person or persons authorized by the bylaws.
(b) Upon receipt of a resolution by a majority of the number of members of the board authorized by this chapter which so certifies and requests, adopted after notice of defaulting member, the Gover nor of the State may by executive order remove from membership a member of the board who has failed to attend three consecutive meetings of the board. The action of the Governor shall be final and nonre viewable.
10-9-9. (a) The board of governors shall elect or appoint such of ficers as may be provided in the bylaws and may delegate to such of ficers, who need not be members of the board, such authority and responsibility as the board may determine appropriate.
(b) Each officer and employee of the authority shall serve at the pleasure of the authority and shall hold office for the term for which he is elected or appointed and until his successor has been elected or appointed and has qualified, or until his earlier resignation, removal from office, or death.
(c) All officers and agents of the authority shall have such authori ty and perform such duties in the management of the authority as may be provided in the bylaws or as may be determined by action of the board not inconsistent with the law or with the bylaws.
(d) The board of governors shall have authority to fix the compen sation of its officers and employees, except that officers or employees who are also members of the board shall serve without additional compensation for such service.
10-9-10. It is found, determined, and declared that the creation of the authority in the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and is a public pur pose and that the authority will be performing an essential govern mental function in the exercise of the powers conferred upon it by this chapter. The authority shall be required to pay no taxes or assess ments upon any property acquired or under the jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other

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income received by the authority; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity.
10-9-11. Any action against the authority to protect or enforce any rights under the provisions of this chapter shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions.
10-9-12. The authority, in addition to the moneys received from the collection of revenues, rents, and earnings derived under the pro visions of this chapter or from the Department of Industry and Trade, shall have authority to accept from any federal agency grants for or in aid of the construction of any project and to receive and accept con tributions from any source of either money or property or other things of value to be held, used, and applied only for the purposes for which such grants or contributions may be made.
10-9-13. All moneys received pursuant to the authority of this chapter, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.
10-9-14. The board of governors of the authority is authorized to fix rentals, fees, prices, and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and for the goods and services provided by the authority in connection with such use, as the authority may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the authority, if any, to pay the cost of maintaining, repairing, and operating the project, in cluding the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deem ed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at such project.
10-9-15. (a) The authority shall operate the project so as to ensure maximum use of the project. In connection with and incident to its operation of the project, the authority may engage in such activities as it deems appropriate to promote trade shows, conventions, and tourism within the state so as to promote the use of the project and the use of the industrial, agricultural, educational, historical, cultural, recreational, and natural resources of the State of Georgia by those us ing or visiting the project.
(b) The authority shall have the power to lease and make contracts with political subdivisions and agencies of this state with respect to the use of the project and the goods and services of the authority pro vided in connection with such use or the activities which the authority is otherwise authorized to undertake.

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(c) It shall be the duty of the board of governors of the authority to prescribe rules and regulations for the operation and governing the use of the project constructed under the provisions of this chapter, in cluding rules and regulations to ensure maximum use of the project.
(d) (1) The authority shall be authorized to employ security guards to keep watch over and protect the Geo. L. Smith II Georgia World Congress Center and such other properties as may be under the management and control of the authority. The security guards employed, as provided by this subsection, shall be employees of and compensated by the authority. The security guards employed pur suant to the provisions of this Code section, shall be charged with the duty of protecting and preserving the property under the management and control of the authority and the prevention, detection, and in vestigation of offenses committed thereon. Security guards so employed by the authority shall not be subject to Chapter 8 of Title 35 of the Official Code of Georgia Annotated but may apply for and ob tain certification thereunder. Any security guard so employed who is a candidate for or who has obtained certification under Chapter 8 of Title 35 shall, in addition, have powers to arrest all persons commit ting offenses thereon and to possess and carry weapons while on du ty, but only while in the performance of his duties and only while upon the property or in connection with the property under the con trol of the authority.
(2) Under such terms and conditions as the authority and the Board of Public Safety may by agreement establish, the Board of Public Safety may provide through the Georgia Police Academy such limited or specialized training to security guards employed by the authority as may be approprate to the responsibilities and powers vested in such security guards. Without limitation of the foregoing, the board may permit limited participation by such security guards in the training program, or such parts thereof as may be appropriate, of fered to police officers by the Georgia Police Academy. Nothing in this Code section shall limit the duty of the Georgia Police Academy to train security guards who apply for certification under Chapter 8 of Title 35 of the Official Code of Georgia Annotated.
10-9-16. The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the At torney General, shall apply.
10-9-17. The foregoing Code sections of this chapter shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing.
10-9-18. This chapter, being for the welfare of the state and its in habitants, shall be liberally construed to effect the purposes hereof.
10-9-19. The accounts of the authority created in this chapter shall be kept as separate and distinct accounts and shall be audited by the Department of Audits and Accounts of the state.

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ARTICLE 2
10-9-20. There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chair man of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairman and vice chair man shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the committee shall be filled for the unexpired term in the same man ner as the original appointment. The committee shall periodically in quire into and review the operations of the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter.
10-9-21. The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties herein set forth. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and con sultants.
10-9-22. The Geo. L. Smith II Georgia World Congress Center Authority shall cooperate with the committee, its authorized person nel, the Attorney General, the state auditor, and other state agencies in order that the charges of the committee, set forth in this article, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Geo. L. Smith II Georgia World Congress Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recom mendations based upon the review of the Geo. L. Smith II Georgia World Congress Center Authority, as set forth in this chapter.
10-9-23. In the discharge of its duties, the committee shall evaluate the performance of the Geo. L. Smith II Georgia World Con gress Center Authority consistent with the following criteria:
(1) Prudent, legal, and accountable expenditure of public funds;
(2) Efficient operation; and
(3) Peformance of its statutory responsibilities.

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10-9-24. (a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers, and consultants, and paying all other necessary expenses incurred by the committee in performing its duties.
(b) The members of the committee shall receive the same compen sation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.
(c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government."
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 Hudson of the 35th moved that the Senate adopt the Conference Com mittee Report on HB 1546.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bell Bond 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 Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Robinson Scott Stephens Stumbaugh Summers Sutton Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Barnes.

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Those not voting were Senators:

Ballard Bowen Brantley

Coverdell Greene Reynolds

Starr Tate Thompson

On the motion, the yeas were 46 nays 1; the motion prevailed, and the Senate adopted the Conference Report on HB 1546.
Senator Garner of the 30th introduced the doctor of the day, Dr. Robert F. Thompson, of Newnan, Georgia.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Gillis of the 20th moved that the Senate insist upon the Senate amend ment to HB 1435.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1435.
The following general resolution of the Senate, favorably reported by the com mittee, was read the third time and put upon its adoption:
SR 385. By Senator Wessels of the 2nd: A resolution urging the Congress of the United States to take certain ac tions with regard to the Mortgage Subsidy Bond Tax Act of 1980.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Brannon Brantley Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd

Those not voting were Senators:

Barker Bowen Broun of 46th Coverdell

Garner Land McKenzie Reynolds

Lester Littlefield McGill Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Robinson Scott Summers Timmons

On the adoption of the resolution, the yeas were 44, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 325. By Senator Howard of the 42nd: A bill to amend Code Title 8, relating to attachment, as amended, so as to provide when a judgment of attachment binds the defendant's property; to provide for setting aside judgments; to provide for issue of execution and levy on judgments; to provide for application of proceeds of sales.

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The House substitute to SB 325 was as follows:
A BILL
To be entitled an Act to amend Code Title, 8, relating to attachment, as amended, so as to provide when a judgment of attachment binds the defendant's property; to provide for setting aside judgments; to provide for issue of execution and levy on judgments; to provide for application of proceeds of sales; to provide for attachment liens and priorities; to re quire entries in the attachment docket; 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 Title 8, relating to attachment, as amended, is amended by adding a new Code Chapter 8-9 to read as follows:
"CHAPTER 8-9. LIEN, JUDGMENT, AND EXECUTION
8-901. When judgment binds defendant's property. When the defendant has given bond and security, or when he has appeared and made defense by himself or attorney at law without raising a valid defense of lack of jurisdiction over the person, the judgment rendered against him in such case shall bind all his property and shall have the same force and effect as when there has been personal service, and execution shall issue accordingly, but it shall be first levied upon the property attached. In all other cases, the judgment on the attachment shall only bind the property attached, and the judgment shall be entered only against such property.
8-902. Judgment may be set aside for fraud or want of considera tion. A judgment in attachment may be set aside in a court of law upon an issue suggesting fraud or want of consideration, tendered by a judgment creditor of the defendant in attachment.
8-903. Executions must issue on all judgments; property on which levied. After the judgment has been obtained in any case of attach ment, execution shall issue as in cases at common law, which execu tion shall be levied in the same manner as executions issuing at com mon law, and the proceedings in all respects shall be the same, except that when the judgment only binds the property levied on by the at tachment, as aforesaid, the execution shall be issued against such property only, and that property only shall be levied on and sold.
8-904. Application of money raised by sale of property. All money raised by the sale of defendant's property, or otherwise, by virtue of this Title, shall be paid over to the creditors of the defendant, according to the priority of the lien of their judgments, except that as between attaching creditors the attachment first levied shall be first satisfied, to the entire exclusion of any attachment of younger levy.

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8-905. Lien of attachments; priorities. The lien of an attachment is created by the levy, and not the judgment in the attachment; and in case of a conflict between attachments, the first levied shall be first satisfied; but in a contest between attachments and ordinary judgments or suits, it is the judgment and not the levy which fixes the lien. However, the lien of an attachment shall have priority over the lien of an ordinary judgment that has been obtained upon a suit filed after the levy of the attachment.
8-906. Lien on realty only after entry on docket. As against the in terests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding any real estate no attach ment levied upon real estate shall be a lien on the same from the levy thereof, unless said attachment is entered upon the attachment docket of the county in which the real estate is situated within five days from said levy. When the attachment is entered upon the docket after the five days, the lien shall date from such entry; and it shall be the duty of the sheriff to have said entry made within the five days. Nothing in this section shall be construed to affect the validity or force of any at tachment as between the parties thereto."
Part 2
Section 2. Chapter 3 of Title 18 of the Official Code of Georgia An notated, relating to attachment proceedings, is amended by adding a new Article 4 to read as follows:
"ARTICLE 4
18-3-70. When the defendant has given bond and security, or when he has appeared and made defense by himself or attorney at law without raising a valid defense of lack of jurisdiction over the per son, the judgment rendered against him in such case shall bind all his property and shall have the same force and effect as when there has been personal service, and execution shall issue accordingly, but it shall be first levied upon the property attached. In all other cases, the judgment on the attachment shall only bind the property attached and the judgment shall be entered only against such property.
18-3-71. A judgment in attachment may be set aside in a court of law upon an issue suggesting fraud or want of consideration, tendered by a judgment creditor of the defendant in attachment.
18-3-72. After the judgment has been obtained in any case of at tachment, execution shall issue as in cases at common law, which ex ecution shall be levied in the same manner as executions issuing at common law; and the proceedings in all respects shall be the same, except that when the judgment only binds the property levied on by the attachment, as aforesaid, the execution shall be issued against such property only and that property only shall be levied on and sold.
18-3-73. All money raised by the sale of defendant's property or otherwise, by virtue of this chapter, shall be paid over to the creditors of the defendant, according to the priority of the lien of their

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judgments, except that as between attaching creditors the attachment first levied shall be first satisfied to the entire exclusion of any attach ment of younger levy.
18-3-74. The lien of an attachment is created by the levy and not the judgment in the attachment; and in case of a conflict between at tachments, the first levied shall be first satisfied; but in a contest be tween attachments and ordinary judgments or suits, it is the judgment and not the levy which fixes the lien. However, the lien of an attach ment shall have priority over the lien of an ordinary judgment that has been obtained upon a suit filed after the levy of the attachment.
18-3-75. As against the interests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding any real estate, no attachment levied upon real estate shall be a lien on the same from the levy thereof unless said attachment is entered upon the attachment docket of the county in which the real estate is situated within five days from said levy. When the attach ment is entered upon the docket after the five days, the lien shall date from such entry; and it shall be the duty of the sheriff to have said en try made within the five days. Nothing in this Code section shall be construed to affect the validity or force of any attachment as between the parties thereto."
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 Howard of the 42nd moved that the Senate agree to the House substitute to SB 325.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Brantley Brown of 47th

Bryant Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene

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Holloway Howard Hudgins Hudson Kennedy Kidd Lester McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Bowen Brannon Broun of 46th

Coverdell Garner Hill Horton

Land Littlefield Timmons Trulock

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 325.

The following resolution of the Senate and general bill of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.

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 Brannon Brantley
Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge

English Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene
Hill Horton Howard Hudson Kennedy Kidd Lester

Littlefield McGill Reynolds Robinson Scott Starr Stumbaugh
Summers Sutton Thompson Trulock Turner Walker Wessels

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Those voting in the negative were Senators:

Coverdell Hudgins

McKenzie

Those not voting were Senators:

Barker Bowen Broun of 46th Engram

Evans Holloway Land

Stephens
Tate Timmons Tysinger

On the adoption of the resolution, the yeas were 42, nays 4.
The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Wessels of the 2nd.
The Senate Committee on Special Judiciary offered the following substitute to HB717:
A BILL
To be entitled an Act to amend an Act which authorizes the accep tance and payment of cash bonds from persons charged with violations of traffic laws, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 331), as amended, particularly by an Act approved April 18, 1975 (Ga. L. 1975, p. 845), so as to authorize the acceptance and payment of cash bonds in certain cases; to provide for the forfeiture of such cash bonds in certain cases; to provide for other matters relative to the foregoing; to amend an Act permitting driver's licenses to be deposited as bail on ar rest for certain traffic offenses, approved April 13, 1973 (Ga. L. 1973, p. 435), as amended, particularly by an Act approved February 20, 1976 (Ga. L. 1976, p. 213), so as to authorize driver's licenses to be deposited in certain cases; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. An Act which authorizes the acceptance and payment of cash bonds from persons charged with violations of traffic laws, ap proved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 331), as amended, particularly by an Act approved April 18, 1975 (Ga. L. 1975, p. 845), is amended by striking Section 1 of said Act which reads as follows:
"Section 1. Any sheriff of the State of Georgia or his lawful agent or deputy or any other county officer charged with the duty of en forcing traffic, game, fish or boating or litter laws of this State who makes an arrest outside of the corporate limits of any municipality of this State for the violation of any traffic, game, fish or boating or litter law, and has been authorized, as provided herein, by the judge having jurisdiction of such offense, to accept cash bonds, may accept a cash bond for the personal appearance of the person so arrested in lieu of a statutory bond or recognizance. No such officer shall be authorized to accept a cash bond unless he has been authorized to receive cash bonds in such cases by an order of the judge having jurisdiction of such offense, which order may be granted or dissolved in the discre tion of such judge and which shall be filed with other records of the court over which said judge presides.",
and substituting in lieu thereof the following:
"Section 1. Any sheriff, deputy sheriff, county peace officer, or other county officer charged with the duty of enforcing the laws of this state relating to (1) traffic or the operation or licensing of motor vehicles or operators; (2) the width, height, or length of vehicles and loads; (3) motor common carriers and motor contract carriers; (4) road taxes on motor carriers as provided in Code Chapter 91A-51; (5) game and fish; (6) boating; or (7) litter control who makes an arrest outside the corporate limits of any municipality of this state for a violation of said laws and who is authorized, as provided herein by a court of record having jurisdiction over such offenses, to accept cash bonds may accept a cash bond from the person arrested in lieu of a statutory bond or recognizance. No such officer shall accept a cash bond unless he is authorized to receive cash bonds in such cases by an order of the court having jurisdiction over such offenses and unless such order has been entered on the minutes of the court. Any such order may be granted, revoked, or modified by the court at any time."
Section 2. Said Act is further amended by striking Section 4 of said Act, which reads as follows:
"Section 4. If any person arrested for a violation of the traffic, game, fish or boating or litter laws of the State of Georgia gives a cash bond as above provided for his appearance and fails to appear at the next regular term of court convening thereafter without legal excuse therefor, then and in that event, in the discretion of the court, said cash bond shall then and there be forfeited without the necessity for the statutory procedure provided for in the forfeiture of statutory bail

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bonds, and a judgment may be entered accordingly, in the discretion of the court, ordering the case disposed of and settled and the pro ceeds shall be applied and distributed as any fine would be. However, if the judge shall not desire to enter, in his discretion, a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to a subsequent prosecution of the arrested person for such violation.",
and substituting in lieu thereof the following:
"Section 4. If any person arrested for a misdemeanor arising out of a violation of the laws of this state relating to (1) traffic or the opera tion or licensing of motor vehicles or operators; (2) the width, height, or length of vehicles and loads; (3) motor common carriers and motor contract carriers; (4) road taxes on motor carriers as provided in Code Chapter 91A-51; (5) game and fish; (6) boating; or (7) litter control gives a cash bond for his appearance as provided in Section 1 and fails to appear on the date, time, and place specified in the citation or sum mons without legal excuse, the court may order said cash bond forfeited without the necessity of complying with the procedures pro vided for in Code Chapter 27-29, relating to fines and forfeitures. A judgment ordering the case disposed of and settled may be entered by the court and the proceeds shall be applied in the same manner as fines. If the court does not enter a judgment ordering the case dispos ed of and settled, the forfeiture of the cash bond shall not be a bar to subsequent prosecution of the person charged with the violation of such laws."
Section 3. An Act permitting driver's licenses to be deposited as bail on arrest for certain traffic offenses, approved April 13, 1973 (Ga. Laws 1973, p. 435), as amended, particularly by an Act approved February 20, 1976 (Ga. Laws 1976, p. 213), is hereby amended by striking the first undesignated subsection of Section 1 of said Act, which reads as follows:
"Any other laws of the State of Georgia to the contrary not withstanding, any person who is arrested by an officer for the viola tion of a traffic law or traffic ordinance, except any offense for which a license may be suspended by the Commissioner of Public Safety for a first offense, upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder or other judicial officer to enter into a for mal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may, upon agreement with the arresting officer, deposit his chauffeur's or driver's license with the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid sum mons or being incarcerated by the arresting officer and held for fur ther action by the appropriate judicial officer. A receipt for such license or deposit shall be given to such person by the arresting of ficer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this State during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended or cancelled; pro vided, however, that such receipt shall in no event be valid for more than 45 days. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter.",

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and substituting in lieu thereof the following:
"Any other laws of the State of Georgia to the contrary not withstanding, any person who is arrested by an officer for the viola tion of the laws of this state or ordinances relating to (1) traffic, except any offense for which a license may be suspended for a first offense by the Commissioner of Public Safety; (2) the licensing and registra tion of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Code Chapter 91A-51 upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may deposit his chauffeur's or driver's license with the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such license or deposit shall be given to such per son by the arresting officer, and thereafter said person shall be per mitted to use the receipt to operate a motor vehicle upon the highways of this state during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended or cancelled; provided, however, that such receipt shall in no event be valid for more than 45 days. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter."
Part 2
Section 4. Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances in general, is amended by replacing Code Section 17-6-5 which reads as follows:
"17-6-5. Any sheriff of this state, his lawful agent or deputy, or any other county officer charged with the duty of enforcing traffic, game, fish, boating, or litter laws of this state who makes an arrest outside of the corporate limits of any municipality of this state for a violation of any traffic, game, fish, boating, or litter law and who has been authorized, as provided for in this Code section, by the judge having jurisdiction of such offense, to accept cash bonds may accept a cash bond for the personal appearance at trial of the person so ar rested in lieu of a statutory bond or recognizance. No such officer shall be authorized to accept a cash bond unless he has been autho rized to receive cash bonds in such cases by an order of the judge hav ing jurisdiction of the offense, The order may be granted or dissolved in the discretion of the judge and shall be filed with other records of the court over which the judge presides.",

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with a new Code section to read as follows:
"17-6-5. Any sheriff, deputy sheriff, county peace officer, or other county officer charged with the duty of enforcing the laws of this state relating to (1) traffic or the operation or licensing of motor vehicles or operators; (2) the width, height, or length of vehicles and loads; (3) motor common carriers and motor contract carriers; (4) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48; (5) game and fish; (6) boating; or (7) litter control who makes an arrest outside the corporate limits of any municipality of this state for a violation of said laws and who is authorized, as provided herein by a court of record having jurisdiction over such offenses, to accept cash bonds may accept a cash bond from the person arrested in lieu of a statutory bond or recognizance. No such officer shall accept a cash bond unless he is authorized to receive cash bonds in such cases by an order of the court having jurisdiction over such offenses and unless such order has been entered on the minutes of the court. Any such order may be granted, revoked, or modified by the court at any time."
Section 5. Said article is further amended by replacing Code Section 17-6-8 which reads as follows:
"17-6-8. If any person arrested for a violation of the traffic, game, fish, boating, or litter laws of this state gives a cash bond for his ap pearance in court as provided for in Code Section 17-6-5 and fails to appear at the next regular term of court convening after the arrest without legal excuse therefor, then, in the discretion of the court, the cash bond shall be forfeited without the necessity for the statutory procedure provided for in the forfeiture of statutory bail bonds, and a judgment may be entered accordingly, in the discretion of the court, ordering the case disposed of and settled and the proceeds applied and distributed like any other fine. However, if the judge does not desire to enter, in his discretion, a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to a subsequent prosecution of the arrested person for the violation.'',
with a new Code section to read as follows:
"17-6-8. If any person arrested for a misdemeanor arising out of a violation of the laws of this state relating to (1) traffic or the operation or licensing of motor vehicles or operators; (2) the width, height, or length of vehicles and loads; (3) motor common carriers and motor contract carriers; (4) road taxes on motor carriers as provided in Arti cle 2 of Chapter 9 of Title 48; (5) game and fish; (6) boating; or (7) litter control gives a cash bond for his appearance as provided in Code Sec tion 17-6-5 and fails to appear on the date, time, and place specified in the citation or summons without legal excuse, the court may order said cash bond forfeited without the necessity of complying with the statutory procedure provided for in the forfeiture of statutory bail bonds. A judgment ordering the case disposed of and settled may be entered by the court and the proceeds shall be applied in the same manner as fines. If the court does not enter a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to subsequent prosecution of the person charged with the violation of such laws."

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Section 6. Said article is further amended by replacing subsection (a) of Code Section 17-6-11 which reads as follows:
"(a) Any other laws of this state to the contrary notwithstanding, any person who is arrested by an officer for a violation of a litter law, a traffic law, or a traffic ordinance, except any offense for which a license may be suspended by the commissioner of public safety for a first offense, upon being served with the official summons issued by the arresting officer, in lieu of being immediately brought before the proper judicial officer to enter into a formal recognizance or making a direct deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may, upon agreement with the arresting of ficer, deposit his chauffeur's or driver's license with the officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the summons, or in lieu of being incarcerated by the ar resting officer and held for further action by the appropriate judicial officer. Any such person who is arrested by an officer for the violation of a litter law, a traffic law, or a traffic ordinance, except any offense for which a license may be suspended by the commissioner of public safety for a first offense, shall be entitled to deposit his chauffeur's or driver's license with a judicial officer or officer authorized to accept cash bonds in lieu of bail as provided for in Code Section 17-6-5. A receipt for the license shall be given to the person by the arresting of ficer, and thereafter the person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this state during the pendency of the case in which the license was deposited unless his license or privilege is otherwise revoked, suspended, or canceled; provided, however, that the receipt shall in no event be valid for more than 45 days. The summons duly served as provided for in this Code section shall give the proper judicial officer jurisdic tion to dispose of the matter.'',
with a new subsection to read as follows:
"(a) Any other laws to the contrary notwithstanding, any person who is arrested by an officer for the violation of the laws of this state or ordinances relating to (1) traffic, except any offense for which a license may be suspended for a first offense by the commissioner of public safety; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such arresting of ficer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may deposit his chauf feur's or driver's license with the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting of ficer and held for further action by the appropriate judicial officer. A receipt for such license or deposit shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this state during the pendency of the case in which the license was deposited,

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unless his license or privilege is otherwise revoked, suspended, or canceled; provided, however, that such receipt shall in no event be valid for more than 45 days. The summons duly served as herein pro vided shall give the judicial officer jurisdiction to dispose of the mat ter."
Part3
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.

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
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean
Eldridge

Engram Fincher of 52nd
Fincher of 54th Foster Garner Gillis Greene Hill
Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land

Lester Littlefield
McGill McKenzie Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

Voting in the negative were Senators Reynolds and Scott.

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Those not voting were Senators:

Barker English

Evans Robinson

Tysinger

On the passage of the bill, the yeas were 49, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following resolution of the House:
HR 626. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd: A resolution proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purposes being established as calendar year 1981.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Foster and Williams of the 6th and Ramsey of the 3rd:

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The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 938. By Representative Collins of the 144th: A resolution commending the Honorable James L. (Jimmy) Lester.

The following general bill of the House, having been read the third time on March 22, 1982, and committed to the Committee on Special Judiciary, and favorably reported by the committee, was put upon its passage:

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.
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 Barnes Bell Bond Brannon Brantley Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram Fincher of 52nd

Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Walker Wessels

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Those not voting were Senators:

Ballard Barker Bowen

Broun of 46th Coverdell Evans

Robinson Timmons Tysinger

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 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 December 27, 1890, (Ga. L. 1890, p. 634), 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.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 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 according-
iy.
Senate Sponsor: Senator Barnes of the 33rd.

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The Senate Committee on Judiciary offered the following substitute to HB 1847:

A BILL
To be entitled an Act to provide the compensation of judges of cer tain courts of limited jurisdiction; to provide definitions; to provide for applicability; to provide for the procedures whereby the governing authority of a county shall select the method of compensating the judges; to provide for alternative compensation plans for judges of courts of limited jurisdiction; to provide for the operation and administration of these plans; to provide for the designation of judges as full-time judges and part-time judges of courts of limited jurisdiction; to provide for cer tain reports; to provide penalties; to provide for the disposition of certain funds; to provide for the scheduling of judges; 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. Short Title. This Act shall be known and may be cited as the "Courts of Limited Jurisdiction Compensation Act of 1982."
Section 2. Definitions. As used in this Act, the term:
(1) "Court of limited jurisdiction" means a justice of the peace court, a small claims court, or any other court in which the judge is compensated, in whole or in part, from fees charged and collected for the performance of the duties of said court.
(2) "Full-time judge" means a judge who serves on a continuing basis and who devotes a minimum of 40 hours per week to the per formance of the official duties of his judicial office and whose court is open for the transaction of the public's business during normal work ing hours in accordance with Code Section 23-103.
(3) "Fund" means the Courts of Limited Jurisdiction Fund created by Section 6 of this Act.
(4) "Judge" means a justice of the peace, as defined in paragraph (5) of this section, a judge of a small claims court who has been duly certified by the Georgia Justice Courts Training Council in accordance with an Act approved March 14, 1978 |Ga. L. 1978, p. 894), as amend ed, or who is exempt from certification, or a judge of any other court to which the provisions of this Act shall apply.
(5) "Justice of the peace" means a justice of the peace or a notary public ex officio justice of the peace who has been duly certified by the Georgia Justice Courts Training Council in accordance with an Act approved March 14, 1978 (Ga. L. 1978, p. 894), as amended.

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(6) "Part-time judge" means any judge other than a full-time judge, provided such judge devotes a minimum of 20 hours per week to the performance of the official duties of his judicial office.
(7) "Trustee" means a person designated to administer the Courts of Limited Jurisdiction Compensation Fund established by Sec tion 6 of this Act.
Section 3. Applicability. The provisions of this Act shall apply to any county containing a court of this state created pursuant to Article VI of the Constitution of this state or any general or local Act enacted pursuant thereto in which the judge of said court is compensated in whole or in part by fees charged and collected for the performance of the duties of said court. The provisions of this Act shall not apply to any court in which the judge is compensated by the state or any political subdivision thereof on a salaried basis.
Section 4. Election of Method of Compensating Judges, (a) The governing authority of each county of this state in which there is a court in which the judge of said court is compensated, in whole or in part, by fees charged and collected for the performance of the duties of said court shall, prior to July 1, 1982, elect to provide compensation for the judges of the courts of limited jurisdiction on a salary basis as provided in Sec tion 5 of this Act or as provided in Section 6 of this Act. The election shall be made in the form of a resolution adopted in accordance with the pro visions of Paragraph I of Section II of Article IX of the Constitution relating to home rule for counties.
(b) If the governing authority of such county fails to make the elec tion provided for in subsection (a) of this section, the judges of the courts of limited jurisdiction shall be compensated in accordance with Section 6 of this Act.
(c) Copies of the resolution electing a method of compensation as provided in this section shall be sent by first-class mail to the judge or judges of the courts of limited jurisdiction.
(d) After June 30, 1983, the governing authority of any county in which the provisions of this Act are applicable may, after notice and hearing, elect to change from the plan for compensating judges of courts of limited jurisdiction adopted pursuant to subsection (a) of this section to the alternative plan authorized by this Act. The governing authority shall give 90 days' notice of its intention to change the plan of compensa tion. Such notice shall be in writing and shall be accomplished by send ing a copy of the notice to each judge affected and to the clerk of the superior court. The change of plan of compensation shall be made in the form of a resolution adopted in accordance with the provisions of subsec tion (a) of this section. However, the amount of compensation paid to any judge pursuant to this Act shall not be reduced as a result of a change in plan of compensation made in accordance with this subsection.
Section 5. Plan of Compensation "A", (a) Effective July 1, 1982, each full-time and part-time judge as determined by Section 7 of this Act shall be compensated by a reasonable salary established by the govern ing authority of the county. The salary shall be the same for all full-time judges and the same for all part-time judges.

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(b) The governing authority of the county may provide for additional compensation provided that any such additional compensation shall ap ply uniformly to all judges of courts of limited jurisdiction.
(c) The judges of courts of limited jurisdiction who are compensated in accordance with this section shall charge and collect for the official duties performed by them the same fees as are provided by law but any and all such fees so collected shall be the property of the county and shall be paid into the county treasury as provided by an Act approved March 10, 1964 (Ga. L. 1964, p. 337).
jd) Expenses for additional personnel, equipment, supplies, and other necessary and reasonable expenses for the operation of the court shall be paid out of such funds as shall be budgeted by the county gov erning authority for the operation of such courts of limited jurisdiction.
Section 6. Plan of Compensation "B". (a) Effective July 1, 1982, in each county which has not adopted a resolution to provide compensation as provided in Section 5, there is established a special fund which shall be known as the "Courts of Limited Jurisdiction Fund." The fund shall be administered by a trustee as provided in subsections (h), (i), and (j) of this section and shall be subject to the audit and annual report provisions of Sections 8 and 9 of an Act providing local government financial management standards, approved April 8, 1980 (Ga. L. 1980, p. 1738).
(b) The judges of courts of limited jurisdiction who are compensated in accordance with this section shall charge and collect for the official duties performed by them the same fees as are provided by law, but any and all fees so collected shall be paid into the fund as provided in subsec tion (c) of this section.
(c) It shall be the duty of each judge of a court of limited jurisdiction to receive and account for all fees charged and collected and, on or before the first Monday of each month, to file with the trustee, on a form provided by the administrative office of the courts, a report of all fees and costs charged and collected during the month next preceding such report, giving the date, amount, style of the case, if any, and the names of persons from whom such fees were received, and to pay to the trustee so much as he shall have received. The trustee shall deposit all such fees received in the fund.
(d) The trustee shall make disbursements and withdrawals from the fund in order to pay such reasonable and necessary expenses of the courts of limited jurisdiction, including compensation of the trustees, as the chief judge of the superior court may direct.
(e) Each full-time and part-time judge of a court of limited jurisdic tion shall receive an annual salary which shall be determined by order of the judges of the superior court of the county; however, the annual salary shall be the same for all full-time judges and the same for all part-time judges and any salary shall be subject to approval by the county govern ing authority.
(f) The annual salaries of the judges of the courts of limited jurisdic tion shall be paid by the trustee in equal monthly installments out of the fund.

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(g) The judges of the courts of limited jurisdiction may, with the ap proval of the judges of the superior court, employ such additional per sonnel as may be necessary for them to perform the duties of their office and fix their salaries. However, such personnel as were regularly employed by a judge of a court of limited jurisdiction on or before March 1, 1982, shall be approved unless the judges of the superior court find that the anticipated revenue to be received from fees charged and col lected will be insufficient to pay the salaries of the judges and such addi tional personnel of the courts of limited jurisdiction and the reasonable and necessary expenses of such courts.
(h) The judges of the courts of limited jurisdiction may, with the ap proval of the judges of the superior court, select some competent person to serve as trustee of the fund. The judges of the superior court shall by order appoint said person and a copy of the appointment shall be record ed on the minutes of the superior court. Any person appointed trustee of the fund shall, before entering into the duties of said office, take and subscribe to the oath of office prescribed by Code Section 89-302 and shall execute a bond with good security in the same amount as is prescribed by law for the clerk of the superior court of the county in which said trustee shall serve. Said bond shall be payable to the clerk of the superior court and conditioned for the faithful discharge of the trustee's duties. The trustee shall serve at the pleasure of the judges of the superior court.
(i) The trustee of the fund shall annually, on or before the first day of January, file with the clerk of the superior court a full statement of all receipts and disbursements and a full statement and schedule of all funds in his hands as trustee.
(j) Any person who is eligible to be appointed a trustee under the laws of this state, including the holder of any other public office under the laws of this state or any political subdivision thereof, may be ap pointed trustee of the fund.
(k) In the event the fees paid into the fund are insufficient to pay all or a part of the annual salary of the judges and the expenses of the courts, the governing authority shall pay into the fund an amount necessary to pay such deficit. In the event the fees paid into the fund exceed the salaries and expenses paid from the fund the excess shall be paid into the county treasury.
Section 7. Election of Full-time or Part-time Judges, (a) Within 30 days of the effective date of Part 1 of this Act, each judge of a court of limited jurisdiction shall notify in writing the chief judge of the superior court whether such judge desires to be designated a full-time or a parttime judge effective on July 1, 1982. A copy of this notice shall also be provided to the governing authority of the county.
(b) (1) The judges of the superior court shall within 50 days of the ef fective date of Part 1 of this Act review the requests of the judges of the courts of limited jurisdiction of each county within the circuit and deter mine which judges shall be full-time judges and which shall be part-time judges. The number of full-time and part-time judges shall be subject to

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the approval of the governing authority of the county. In making this determination, the judges of the superior court shall take into considera tion the following factors:
(A) The desire of the judge concerned;
(B) The population of the county;
(C) The case load of the courts of limited jurisdiction prior to March 1, 1982;
(D) The presentments, if any, of previous grand juries concerning each court of limited jurisdiction;
(E) The background, education, and experience of the judge con cerned;
(F) The requirement of Section 9 of this Act that at least one of the judges of the courts of limited jurisdiction shall be available at all times for the purpose of acting on applications for arrest and search warrants;
(G) Whether the judge presently serves full time; and
(H) The jurisdiction of the court.
(2) Neither race, religion, creed, national origin, sex, age, physical handicap, nor political affiliation shall be considered in making the deter mination.
(c) No judge of a court of limited jurisdiction who elects to be a parttime judge shall without his consent be designated as a full-time judge.
(d) The decision of the judges of the superior court shall be made in an order signed by the chief judge which shall be entered in the minutes of the superior court. Copies of the order shall be sent by first-class mail to each concerned judge of a court of limited jurisdiction and to the governing authority of the county.
(e) Any person who shall be elected or appointed judge of a court of limited jurisdiction after the effective date of Part 1 of this Act shall, within ten days of taking his oath of office, notify the chief judge of the superior court in writing whether such judge desires to become a fulltime or a part-time judge. A copy of this notice shall be sent to the governing authority of the county.
jf) Within a reasonable time after the receipt of the notice provided in subsection je) of this section, the judges of the superior court shall deter mine, in accordance with subsection (b) of this section, whether the judge shall be a full-time judge or a part-time judge.
Section 8. Reports of Judges of Courts of Limited Jurisdiction, (a) On or before June 1, 1982, each judge of a court of limited jurisdiction shall file with the clerk of superior court a true and accurate report showing all

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gross receipts from fees and costs received in the performance of the of ficial duties of his office together with such disbursements as may have been made for supplies, equipment, and personnel during the period from January 1, 1981, through December 31, 1981. The report shall itemize the amount paid to any person as salary or wages during said period, shall give the name of the person, and shall give the reason for the payment.
(b) Said report shall be made in duplicate on forms provided by the administrative office of the courts and shall be verified by the judge of the court of limited jurisdiction.
(c) Any judge of a court of limited jurisdiction who fails to file the report specified by this section shall be guilty of a misdemeanor.
(d) The chief judge of the superior court of the circuit may, for good cause shown, grant an extension of not more than ten days for filing the report required by this section.
Section 9. Scheduling of Judges, (a) The judges of the courts of limited jurisdiction in each county shall, on or before July 1, 1982, develop a written schedule which ensures that at least one such judge is available 24 hours per day, seven days per week for the purpose of issu ing arrest and search warrants. The schedule may be revised from time to time as may be necessary.
(b) In the event the judges of said courts are unable to agree on a schedule or fail to establish one, the judges of the superior court shall establish a schedule.
(c) A copy of the schedule shall be provided to the sheriff, the chief of each law enforcement agency within the county, and the head of any state law enforcement agency located within the judicial circuit.
Part 2
Section 10. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding at the end thereof a new Chapter 22 to read as follows:
"CHAPTER 22
15-22-1. This chapter shall be known and may be cited as the 'Courts of Limited Jurisdiction Compensation Act of 1982.'
15-22-2. As used in this chapter, the term:
(1) 'Court of limited jurisdiction' means a justice of the peace court, a small claims court, or any other court in which the judge is compensated, in whole or in part, from fees charged and collected for the performance of the duties of said court.

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(2) 'Full-time judge' means a judge who serves on a continuing basis and who devotes a minimum of 40 hours per week to the perfor mance of the official duties of his judicial office and whose court is open for the transaction of the public's business during normal work ing hours in accordance with Code Section 36-1-12.
(3) 'Fund' means the Courts of Limited Jurisdiction Fund created by Code Section 15-22-6.
(4) 'Judge' means a justice of the peace, as defined in paragraph (5] of this Code section, a judge of a small claims court who has been duly certified by the Georgia Justice Courts Training Council in accordance with Article 5 of Chapter 10 of Title 15, or who is exempt from cer tification, or a judge of any other court to which the provisions of this chapter shall apply.
(5) 'Justice of the peace' means a justice of the peace or a notary public ex officio justice of the peace who has been duly certified by the Georgia Justice Courts Training Council in accordance with Arti cle 5 of Chapter 10 of Title 15.
(6) 'Part-time judge' means any judge other than a full-time judge, provided such judge devotes a minimum of 20 hours per week to the performance of the official duties of his judicial office.
(7) Trustee' means a person designated to administer the 'Courts of Limited Jurisdiction Compensation Fund' established by Code Sec tion 15-22-6.
15-22-3. The provisions of this chapter shall apply to any county containing a court of this state created pursuant to Article VI of the Constitution of this state or any general or local Act enacted pursuant thereto in which the judge of said court is compensated in whole or in part by fees charged and collected for the performance of the duties of said court. The provisions of this chapter shall not apply to any court in which the judge is compensated by the state or any political sub division thereof on a salaried basis.
15-22-4. (a) The governing authority of each county of this state in which there is a court in which the judge of said court is compensated, in whole or in part, by fees charged and collected for the performance of the duties of said court shall, prior to July 1, 1982, elect to provide compensation for the judges of the courts of limited jurisdiction on a salary basis as provided in Code Section 15-22-5 or as provided in Code Section 15-22-6. The election shall be made in the form of a resolution adopted in accordance with the provisions of Article IX of the Constitution, relating to home rule for counties.
(b) If the governing authority of such county fails to make the elec tion provided for in subsection (a) of this Code section, the judges of the courts of limited jurisdiction shall be compensated in accordance with Code Section 15-22-6.

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(c) Copies of the resolution electing a method of compensation as provided in this Code section shall be sent by first-class mail to the judge or judges of the courts of limited jurisdiction.
(d) After June 30, 1983, the governing authority of any county in which the provisions of this chapter are applicable may, after notice and hearing, elect to change from the plan for compensating judges of courts of limited jurisdiction adopted pursuant to subsection (a) of this Code section to the alternative plan authorized by this chapter. The governing authority shall give 90 days' notice of its intention to change the plan of compensation. Such notice shall be in writing and shall be accomplished by sending a copy of the notice to each judge af fected and to the clerk of the superior court. The change of plan of compensation shall be made in the form of a resolution adopted in ac cordance with the provisions of subsection (a) of this Code section. However, the amount of compensation paid to any judge pursuant to this chapter shall not be reduced as a result of a change in plan of com pensation made in accordance with this subsection.
15-22-5. (a) Each full-time and part-time judge of a court of limited jurisdiction as determined by Code Section 15-22-7 shall be compen sated by a reasonable salary established by the governing authority of the county. The salary shall be the same for all full-time judges and the same for all part-time judges.
(b) The governing authority of the county may provide for addi tional compensation, provided that any such additional compensation shall apply uniformly to all judges of courts of limited jurisdiction.
(c) The judges of courts of limited jurisdiction who are compen sated in accordance with this Code section shall charge and collect for the official duties performed by them the same fees as are provided by law, but any and all such fees so collected shall be the property of the county and shall be paid into the county treasury as provided in Code Section 36-1-9.
(d) Expenses for additional personnel, equipment, supplies, and other necessary and reasonable expenses for the operation of the court shall be paid out of such funds as shall be budgeted by the coun ty governing authority for the operation of such courts of limited jurisdiction.
15-22-6. (a) In each county which has not adopted a resolution to provide compensation as provided in Code Section 15-22-5, there is established a special fund which shall be known as the 'Courts of Limited Jurisdiction Fund.' The fund shall be administered by a trustee as provided in subsections (h), (i), and (j) of this Code section and shall be subject to the audit and annual report provisions of Chapter 81 of Title 36.
(b) The judges of courts of limited jurisdiction who are compen sated in accordance with this Code section shall charge and collect for the official duties performed by them the same fees as are provided by law, but any and all fees so collected shall be paid into the fund as pro vided in subsection jc) of this Code section.

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jc) It shall be the duty of each judge of a court of limited jurisdic tion to receive and account for all fees charged and collected and, on or before the first Monday of each month, to file with the trustee, on a form provided by the administrative office of the courts, a report of all fees and costs charged and collected during the month next preceding such report, giving the date, amount, style of the case, if any, and the names of persons from whom such fees were received, and to pay to the trustee so much as he shall have received. The trustee shall deposit all such fees received in the fund.
(d) The trustee shall make disbursements and withdrawals from the fund in order to pay such reasonable and necessary expenses of the courts of limited jurisdiction, including compensation of the trustee, as the chief judge of the superior court may direct.
(e) Each full-time and part-time judge of a court of limited jurisdic tion shall receive an annual salary which shall be determined by order of the judges of the superior court of the county; however, the annual salary shall be the same for all full-time judges and the same for all part-time judges and any salary shall be subject to approval by the county governing authority.
(f) The annual salaries of the judges of the courts of limited jurisdiction shall be paid by the trustee in equal monthly installments out of the fund.
(g) The judges of the courts of limited jurisdiction may, with the approval of the judges of the superior court, employ such additional personnel as may be necessary for them to perform the duties of their office and fix their salaries. However, such personnel as were regular ly employed by a judge of a court of limited jurisdiction on or before March 1, 1982, shall be approved unless the judges of the superior court find that the anticipated revenue to be received from fees charg ed and collected will be insufficient to pay the salaries of the judges and such additional personnel of the courts of limited jurisdiction and the reasonable and necessary expenses of such courts.
(h) The judges of the courts of limited jurisdiction may, with the approval of the judges of the superior court, select some competent person to serve as trustee of the fund. The judges of the superior court shall by order appoint said person and a copy of the appointment shall be recorded on the minutes of the superior court. Any person ap pointed trustee of the fund shall, before entering into the duties of said office, take and subscribe to the oath of office prescribed by Code Section 45-3-1 and shall execute a bond with good security in the same amount as is prescribed by law for the clerk of the superior court of the county in which said trustee shall serve. Said bond shall be payable to the clerk of the superior court and conditioned for the faithful discharge of the trustee's duties. The trustee shall serve at the pleasure of the judges of the superior court.
(i) The trustee of the fund shall annually, on or before the first day of January, file with the clerk of the superior court a full statement of all receipts and disbursements and a full statement and schedule of all funds in his hands as trustee.

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(j) Any person who is eligible to be appointed a trustee under the laws of this state, including the holder of any other public office under the laws of this state or any political subdivision thereof, may be ap pointed trustee of the fund.
(k) In the event the fees paid into the fund are insufficient to pay all or a part of the annual salary of the judges and the expenses of the courts, the governing authority shall pay into the fund an amount necessary to pay such deficit. In the event the fees paid into the fund exceed the salaries and expenses paid from the fund, the excess shall be paid into the county treasury.
15-22-7. (a) Any person who shall be elected or appointed judge of a court of limited jurisdiction after November 1, 1982, shall, within ten days of taking his oath of office, notify the chief judge of the superior court in writing whether such judge desires to become a fulltime or part-time judge. A copy of this notice shall be sent to the governing authority of the county. The judges of the superior court shall then determine whether the judge shall be a full-time or parttime judge. The number of full-time and part-time judges shall be sub ject to the approval of the governing authority of the county.
(b) (1) In determining whether a judge shall be a full-time or a part-time judge, the judges of the superior court shall take into con sideration the following factors:
(A) The desire of the judge concerned;
(B) The population of the county;
(C) The case load of the courts of limited jurisdiction;
(D) The presentments, if any, of. previous grand juries concerning each court of limited jurisdiction;
(E) The background, education, and experience of the judge con cerned;
(F) The requirement of Code Section 15-22-8 that at least one of the judges of the courts of limited jurisdiction shall be available at all times for the purpose of acting on applications for arrest and search warrants;
(G) Whether the judge presently serves full time; and
(H) The jurisdiction of the court.
(2) Neither race, religion, creed, national origin, sex, age, physical handicap, nor political affiliation shall be considered in making the determination.
(c) No judge of a court of limited jurisdiction who elects to be a part-time judge shall without his consent be designated as a full-time judge.

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(d) The decision of the judges of the superior court shall be made in an order signed by the chief judge which shall be entered in the minutes of the superior court. Copies of the order shall be sent by first-class mail to each concerned judge of a court of limited jurisdic tion and to the governing authority of the county.
(e) Within a reasonable time after the receipt of the notice provid ed in subsection (a) of this Code section, the judges of the superior court shall determine, in accordance with this Code section, whether the judge shall be a full-time judge or a part-time judge.
15-22-8. (a) The judges of the courts of limited jurisdiction in each county shall develop a written schedule which ensures that at least one such judge is available 24 hours per day, seven days per week for the purpose of issuing arrest and search warrants. The schedule may be revised from time to time as may be necessary.
(b) In the event the judges of said courts are unable to agree on a schedule or fail to establish one, the judges of the superior court shall establish a schedule.
(c) A copy of the schedule shall be provided to the sheriff, the chief of each law enforcement agency within the county, and the head of any state law enforcement agency located within the judicial cir cuit."
Part3
Section 11. (a) Except as provided in subsection (c) of this section, 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.
(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 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.

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3687

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Sutton Thompson Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Bond

Kidd

Hudgins

Those not voting were Senators:

Brown of 47th

Tate

Holloway (presiding)

On the passage of the bill, the yeas were 48, nays 4.

Stumbaugh Timmons

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 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.

Senator Howard of the 42nd moved that the Senate recede from the Senate amendment to HB 1395.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Coleman Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy

Those not voting were Senators:

Cobb Coverdell Hill Holloway (presiding)

McKenzie Robinson Stephens Tate

Kidd Land Lester Littlefield McGill Reynolds Scott Starr Stumbaugh Summers Sutton Thompson Trulock Turner Wessels
Timmons Tysinger Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 1395.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 94. By Representatives Snow of the 1st, Pilewicz of the 41st, Walker of the 115th and others:
A bill to amend an Act providing for investigations and reports in certain child custody cases, so as to provide that the court in its discretion may order such reports and investigations in any child custody case.
Senate Sponsor: Senator Littlefield of the 6th.

The Senate Committee on Special Judiciary offered the following substitute to HB94:
A BILL
To be entitled an Act to amend an Act providing for investigations and reports in certain child custody cases, approved March 25, 1980 (Ga. L. 1980, p. 1149), so as to provide that the court in its discretion may

FRIDAY, MARCH 26, 1982

3689

order such reports and investigations in any child custody case; 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 providing for investigations and reports in certain child custody cases, approved March 25, 1980 (Ga. L. 1980, p. 1149), is amended by adding immediately after the first sentence of Section 1 the following:
"In any action or proceeding involving determination of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the court shall also have authority on its own motion to order such an investigation if in the court's opinion the investigation would be useful in determining placement or custody of the child.",
so that when so amended said Section 1 shall read as follows:
"Section 1. On motion of either party in any action or proceeding involving determination of the award of child custody between parents of the child, when such motion contains a specific recitation of actual abuse, neglect, or other overt acts which have adversely af fected the health and welfare of the child, the court may direct the ap propriate family and children services agency or any other ap propriate entity to investigate the home life and home environment of each of the parents. In any action or proceeding involving determina tion of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the court shall also have authority on its own motion to order such an investigation if in the court's opin ion the investigation would be useful in determining placement or custody of the child. The court may also direct either party to pay to such agency the reasonable cost, or any portion thereof, of such in vestigation. The report of such investigation will be made to the court directing the investigation. Provided, however, any report made at the direction of the court shall be made available to either or both parties for a reasonable period of time prior to the proceedings at which any temporary or permanent custody is to be determined. Provided, fur ther, both parties shall have the right to confront and cross-examine the person or persons who conducted the investigation or compiled the report if adequate and legal notice is made."

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Part 2
Section 2. Code Section 19-9-4, relating to investigations in child custody cases, is amended by replacing subsection (a| with a new subsec tion to read as follows:
"(a) On motion of either party in any action or proceeding involv ing determination of the award of child custody between parents of the child, when such motion contains a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child, the court may direct the appropriate family and children services agency or any other appropriate entity to investigate the home life and home environment of each of the parents. In any action or proceeding involving determination of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the court shall also have authority on its own motion to order such an investigation if in the court's opinion the investigation would be useful in determining placement or custody of the child. The court may also direct either party to pay to the agency the reasonable cost, or any portion thereof, of the investigation. The report of the investigation will be made to the court directing the in vestigation. Any report made at the direction of the court shall be made available to either or both parties for a reasonable period of time prior to the proceedings at which any temporary or permanent custody is to be determined. Both parties shall have the right to con front and cross-examine the person or persons who conducted the in vestigation or compiled the report if adequate and legal notice is given."
Part3
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 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.

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3691

On the 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 Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Garner Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Barker Brannon Broun of 46th

Fincher of 54th Gillis Holloway (presiding)

McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels
Robinson Tate

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 local bill of the Senate was taken up for the purpose of consider ing the House amendment thereto:
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.

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The House amendment was as follows:

Amend SB 774 by striking from line 11 through line 16 of Page 13 the following:
"(b) Mayor, Limitation on Succession. Commencing with the mayoral term beginning on the first Tuesday in January, 1984, the mayor elected for such term and his or her successors to the office of mayor shall not be eligible to succeed himself or herself to the office of mayor after having served two successive terms in office."
By striking from line 17 of Page 13 the following:
"(c)",
and inserting in lieu thereof the following: "(b)".

Senator Walker of the 19th moved that the Senate disagree to the House amend ment to SB 774.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 774.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in amending the following bill of the Senate and has appointed a Committee of Conference on the following bill of the Senate:
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.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Edwards of the 110th, Davis of the 99th and Ham of the 80th.

FRIDAY, MARCH 26, 1982

3693

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

SR 274. By Senator Coverdell of the 40th: A resolution creating the Hazardous Drivers Study Committee.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 346. By Senator Greene of the 26th:
A bill to amend Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, so as to provide exceptions to notice requirements in certain cases involving bankruptcy proceedings.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 378. By Senator Land of the 16th:
A resolution creating the Driver's License Suspension and Revocation 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 Barnes Bell Bowen Brantley Broun of 46th Bryant Coleman Coverdell Deal Dean Eldridge English Engram

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Wessels

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Bond Brannon Brown of 47th

Cobb Evans Garner Holloway (presiding)

Lester Trulock Walker

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following resolutions of the House and Senate were read and adopted:

HR 938. By Representative Collins of the 144th: A resolution commending the Honorable James L. (Jimmy) Lester.

SR 424. By Senators Cobb of the 28th, Hill of the 29th, Foster of the 50th and others:
A resolution commending the Honorable William Donaldson Ballard.

The following general resolution of the House, favorably reported by the com mittee, was read the third time and put upon its adoption:

HR 690. By Representatives Adams of the 36th, Bolster of the 30th, Johnson of the 66th and others:
A resolution urging the Georgia Office of Energy Resources to provide expertise in assisting persons in the development of small-scale hydroelectricity.
Senate Sponsor: Senator Hudson of the 35th.

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 Brannon Brown of 47th

Coleman Coverdell Deal

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3695

Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton

Howard Hudgins Hudson Kennedy Kidd Land Lester McGill Reynolds Scott Stephens

Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Barker Bowen Brantley Broun of 46th

Bryant Cobb Hill Holloway (presiding)

Littlefield McKenzie Robinson Starr

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1714. By Representatives Snow of the 1 st 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.

Senator Kidd of the 25th moved that the Senate recede from the Senate amend ment to HB 1714.

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

Brannon Brantley Broun of 46th Brown of 47th

Coleman Deal Dean Eldridge

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JOURNAL OF THE SENATE

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard

Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie Reynolds Scott Starr

Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Barker Bowen
Bryant

Cobb Coverdell Holloway (presiding)

Littlefield Robinson Trulock

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 1714.
The following bill of the Senate was taken up for the purpose of considering the Conference Committee Report thereon:
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.

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3697

The Conference Committee Report on SB 693 was as follows:

The Conference Committee on SB 693 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 693 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Frank Eldridge, Jr. Senator, 7th District

Is/ Ward Edwards Representative, 110th District

Isi Richard L. Greene Senator, 26th District

/si Burl Davis Representative, 99th District

1st Franklin Sutton Senator, 9th District

I si Benson Ham Representative, 80th District

Conference Committee substitute to SB 693:
A BILL
To be entitled an Act 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 the keeper of public records a reasonable amount of time within which to determine the appropriateness of inspec tion requests; to exclude certain documents from the coverage under the article; to provide for certain actions in the superior courts; to provide for certain fees and costs; to provide for certain penalties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, is amended by striking said Article 4 in its entirety and inserting in lieu thereof a new Article 4 to read as follows:
"ARTICLE 4
50-18-70. (a) All state, county, and municipal records, except those which by order of a court of this state or by law are prohibited from being open to inspection by the general public, shall be open for

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JOURNAL OF THE SENATE

a personal inspection of any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.
(b) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article. In no event shall this time exceed three business days.
50-18-71. In all cases where an interested member of the public has a right to inspect or take extracts or make copies from any public records, instruments, or documents, any such person shall have the right of access to the records, documents, or instruments for the pur pose of making photographs of the same while in the possession, custody, and control of the lawful custodian thereof, or his authorized deputy. Such work shall be done under the supervision of the lawful custodian of the records, who shall have the right to adopt and enforce reasonable rules governing the work. The work shall be done in the room where the records, documents, or instruments are kept by law. While the work is in progress, the custodian may charge the person making the photographs of the records, documents, or instruments at a rate of compensation to be agreed upon by the person making the photographs and the custodian for his services or the services of a deputy in supervising the work.
50-18-72. (a) This article shall not be applicable to records that are specifically required by the federal government to be kept confiden tial or to medical records and similar files, the disclosure of which would be an invasion of personal privacy. All records of hospital authorities other than the foregoing shall be subject to this article. All state officers and employees shall have a privilege to refuse to disclose the identity of any person who has furnished medical or other similar information which has or will become incorporated into any medical or public health investigation, study, or report of the Department of Human Resources. The identity of such informant shall not be ad missible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed other wise.
(b) This article shall not be applicable to any application submit ted to or any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for main taining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law.
50-18-73. The superior courts of this state shall have jurisdiction to entertain actions against persons or agencies having custody of records open to the public under this article to enforce compliance with the provisions of this article. Such actions may be brought by any person, firm, corporation, or other entity. The court may award to the prevailing party reasonable attorney's fees and other litigation ex penses reasonably incurred in bringing or defending the action to en force compliance with this article, in addition to such other relief as may be granted by the court.

FRIDAY, MARCH 26, 1982

3699

50-18-74. Any person who willfully refuses to provide access to public records as provided in Code Section 50-18-70 of this article or who refuses to allow the examination and copying of records as pro vided in Code Section 50-18-71 of this article shall be guilty of a misde meanor."
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 Sutton of the 9th moved that the Senate adopt the Conference Commit tee report on SB 693.

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 Brannon 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 McGill

Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Bowen Brantley

Brown of 47th Fincher of 52nd Holloway (presiding)

Littlefield McKenzie Summers

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 693.

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JOURNAL OF THE SENATE

Senator Trulock of the 10th moved that the following bill of the House, having been read the third time and tabled on March 25, 1981, be taken from the Table:

HB 648. By Representatives Pinkston of the 100th, Birdsong of the 103rd and Home of the 104th:
A bill to amend Code Chapter 59-3, relating to powers and duties of grand juries in general, so as to provide the authority and procedure for grand juries to issue reports concerning the operations and conduct of county and city offices and institutions.
Senate Sponsor: Senator Greene of the 26th.

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:

Bond Brantley Brown of 47th Cobb Coleman Coverdell Dean Eldridge Engram Fincher of 52nd Foster

Garner Gillis
Greene Hill Horton Hudgins Hudson Land Lester McGill McKenzie

Reynolds Robinson Starr Stumbaugh Sutton Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Ballard Barnes Bryant Deal

English Evans Howard Kennedy Kidd

Those not voting were Senators:

Barker Bell Bowen

Brannon Broun of 46th Fincher of 54th

Scott Stephens Tate Wessels
Holloway (presiding) Littlefield Summers

On the motion, the yeas were 33, nays 14; the motion prevailed, and HB 648 was taken from the Table and put upon its passage.
Senator Howard of the 42nd moved the previous question.

FRIDAY, MARCH 26, 1982

3701

Senator Trulock of the 10th moved that the Senate stand in recess for five minutes.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, ruled that the motion offered by Senator Howard of the 42nd takes precedence.

Senator Sutton of the 9th moved that HB 648 be placed on the Table.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, ruled that the motion offered by Senator Sutton of the 9th takes precedence over the motion for the previous question.

Senator Barnes of the 33rd moved that the Senate adjourn.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, ruled that the motion offered by Senator Barnes of the 33rd takes precedence.

On the motion offered by Senator Barnes of the 33rd, Senator Holloway of the 12th, President Pro Tempore, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond
Deal

Evans Greene

Littlefield Robinson

Those voting in the negative were Senators:

Allgood Ballard Barker 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 Hill Horton Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie

Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

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JOURNAL OF THE SENATE

Not voting were Senators Holloway (presiding) and Howard.

On the motion offered by Senator Barnes of the 33rd, the yeas were 7, nays 47; the motion was lost, and the Senate did not adjourn.

On the motion offered by Senator Sutton of the 9th, which was the next motion in precedence, the yeas were 32, nays 7; the motion prevailed, and HB 648 was placed on the Table.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has rejected the report of the Committee of Conference to the following bill of the House:

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.

The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Rowland of the 119th, Baugh of the 108th and Parham of the 109th.

FRIDAY, MARCH 26, 1982

3703

The House has passed, by substitute, by the requisite constitutional majority the following bill of the House:

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.

Senator Sutton of the 9th moved that the following bill of the House, having been placed on the Table previously today, be taken from the Table:

HB 648. By Representatives Pinkston of the 100th, Birdsong of the 103rd and Home of the 104th:
A bill to amend Code Chapter 59-3, relating to powers and duties of grand juries in general, so as to provide the authority and procedure for grand juries to issue reports concerning the operations and conduct of county and city offices and institutions.
Senate Sponsor: Senator Greene of the 26th.

On the motion, the yeas were 25, nays 16; the motion prevailed, and HB 648 was taken from the Table and put upon its passage.

Senators Trulock of the 10th, Broun of the 46th, Gillis of the 20th, English of the 21st, Kennedy of the 4th, Land of the 16th and Coleman of the 1st offered the following substitute to HB 648:

A BILL
To be entitled an Act to amend Code Section 59-105, relating to the compensation of jury commissioners, so as to change the provisions relative to such compensation; to amend the Official Code of Georgia An notated accordingly; to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the size of the jury panel in felony trials; 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 effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 59-105, relating to the compensation of jury commissioners, is amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 59-105 to read as follows:
"59-105. Same, compensation of commissioners and clerk for revising jury lists. Jury commissioners shall receive $25 each day for every day's service in revising the jury lists, to be paid from the coun ty treasury. The clerk of the board shall receive $25 for each day's ser vice, to be paid in like manner. The governing authorities of the respective counties shall have the right to increase the compensation provided for above for said commissioners and clerk in an amount not exceeding $10 for each day's service."
Part 2
Section 2. Code Section 15-12-24 of the Official Code of Georgia An notated, relating to compensation of jury commissioners, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 15-12-24 to read as follows:
"15-12-24. Jury commissioners shall receive $25.00 for each day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $25.00 for each day's service, to be paid in like manner. The governing authorities of the respective counties shall have the right to increase the compensation provided for above for the commissioners and clerk in an amount not exceeding $10.00 for each day's service."
Section 3. Chapter 12 of Title 15 of the Official Code of Georgia An notated, relating to juries, is amended by striking Code Section 15-12-125 in its entirety and substituting in lieu thereof a new Code Section 15-12-125 to read as follows:
"15-12-125. For the trial of misdemeanors in the superior court, the district attorney and the accused may select either panel of 12 of the trial jurors. If they do not agree upon a panel, the court shall have a panel made up of 24 jurors in attendance, of which the accused and the state shall each have the right to challenge six peremptorily. The remaining 12 shall constitute the jury."
Section 4. Said chapter is further amended by striking Code Section 15-12-160 in its entirety and substituting in lieu thereof a new Code Sec tion 15-12-160 to read as follows:
"15-12-160. When any person stands indicted for a felony, the court shall have impaneled 32 jurors from which the defense and prosecution may strike jurors. If, for any reason, after striking from the panel there remain less than 12 qualified jurors to try the case, the presiding judge shall summon such numbers of persons who are com-

FRIDAY, MARCH 26, 1982

3705

petent jurors as may be necessary to provide a full panel. In making up the panel or successive panels, the presiding judge shall draw the tales jurors from the jury box of the county and shall order the sheriff to summon them."
Section 5. Said chapter is further amended by striking Code Section 15-12-165 in its entirety and substituting in lieu thereof a new Code Sec tion 15-12-165 to read as follows:
"15-12-165. Every person indicted for a crime or offense which may subject him to death or to imprisonment for not less than one year may peremptorily challenge 10 of the jurors impaneled to try him. The state shall be allowed the same number of peremptory challenges allowed to the accused."
Section 6. Said chapter is further amended by striking Code Section 15-12-169 in its entirety and substituting in lieu thereof a new Code Sec tion 15-12-169 to read as follows:
"15-12-169. Alternate jurors must be drawn from the same source and in the same manner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and challenges. The state shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called. The defendant shall be entitled to the same number of peremptory challenges to alternate jurors as the state. The peremptory challenges allowed to the state and to the defendant in such event shall be in ad dition to the regular number of peremptory challenges allowed in criminal cases to the defendant and to the state as provided by law. When two of more defendants are tried jointly, each defendant shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called."
Part3
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.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, ruled that the substitute was not germane to HB 648.

Senator Sutton of the 9th appealed the ruling of the Chair.

The President resumed the Chair.

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The President put the motion, ' 'Shall the ruling of the Chair be sustained?''

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 Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Tate Thompson Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Brantley Coverdell Engram

Hudson Land Stumbaugh

Sutton Trulock Tysinger

Not voting was Senator Barker.
On the motion, the yeas were 46, nays 9; the motion prevailed, and the ruling of the Chair was sustained.
Senator Hudgins of the 15th moved the previous question.
Senator Garner of the 30th moved that HB 648 be placed on the Table.
The President ruled that the motion offered by Senator Garner of the 30th takes precedence.

FRIDAY, MARCH 26, 1982

3707

On the motion offered by Senator Garner of the 30th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene 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 Hill.

Not voting was Senator Barker.

On the motion, the yeas were 54, nays 1; the motion prevailed, and HB 648 was placed on the Table.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 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," ap proved February 8, 1956 {Ga. L. 1956, p. 27), 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 ac cordingly.

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SB 142. By Senator Tysinger of the 41st:
A bill to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. L. 1969, p. 50), so as to change the definition of the term ' 'gas''.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

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; to provide for a method of authority, and responsibilities; to provide for a method of filling vacan cies; to amend the Official Code of Georgia Annotated accordingly.

The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

SR 29. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain State-owned property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date.

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:

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.

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 alternation 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.

FRIDAY, MARCH 26, 1982

3709

The following bill of the House was taken up for the purpose of considering the House action thereon:
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.

Senator Gillis of the 20th moved that the Senate adhere to the Senate amend ment to HB 1435, 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 amendment to HB 1435.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Gillis of the 20th, Howard of the 42nd and Kidd of the 25th.

The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:
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.

The Conference Committee Report on HB 1261 was as follows:

The Conference Committee on HB 1261 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1261 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/Culver Kidd Senator, 25th District

/s/Bobby Eugene Parham Representative, 109th District

Is/Bill Littlefield Senator, 6th District

/s/Wilbur Edwin Baugh Representative, 108th District

/s/Jack L. Stephens Senator, 36th District

/s/James C. Moore Representative, 152nd District

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Conference Committee substitute to HB 1261:
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 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 and provide for their compensation; to change cer tain reporting requirements; to remove certain citizenship requirements for pharmacist and pharmacy licensure; to change certain requirements for pharmacy interns; 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 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 eight members and shall consist of seven 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. At the annual meeting of the Georgia Pharmaceutical Association in 1982, the licensed pharmacists present shall also nominate three practicing registered pharmacists who meet the qualifications imposed by this Chapter to fill the two ad ditional positions on the Board. The secretary of said association shall regularly submit to the Governor the names of the three pharmacists so nominated for each vacancy and the Governor may make the ap pointment to fill each 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 Association."

FRIDAY, MARCH 26, 1982

3711

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 eight members. In addition to the members of the Board who are phar macists, the Board shall consist of a member, appointed by the Gover nor, who shall not have any connection whatsoever with the phar maceutical industry. Such additional member may vote only on mat ters 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. 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 seven 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

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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.
(c) The eighth 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 unex pired 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, which reads as follows:
"26-4-50. The joint-secretary is authorized to appoint a director of the Georgia Drugs and Narcotics Agency. 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 ar ticles 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, the joint-secretary, or the Department of Public Safety, as appropriate, 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 examination as provided by Code Section 26-4-54. The director shall be charged with the supervision and control of the Georgia Drugs and Narcotics Agency.",

FRIDAY, MARCH 26, 1982

3713

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 appoint a director who shall hold office at the pleasure of the board, and should any vacancy occur in said office for any cause whatsoever, said board shall, either at a regular or called meeting, appoint his successor. The salary of the director shall be fixed by the Georgia State Board of Phar macy. His whole time shall be at the disposal of the Georgia State Board of Pharmacy and it shall be his duty to visit and inspect fac tories, 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, proc essed, 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 above stated articles; and to perform such other duties as may be directed by the Georgia State Board of Pharmacy. He shall report to the Georgia State Board of Pharmacy or the secretary of said 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 above referred to from any of the said establishments for examination and analysis by the state chemist, or under his direction and supervision of the Georgia State Board of Pharmacy for the purpose of examination as provided by Code Section 26-4-54. The Georgia State Board of Pharmacy shall have authority to appoint such number of assistant drug agents as may be necessary for the proper enforcement of the laws of this state. Such assistant drug agents shall hold office at the pleasure of the Georgia State Board of Pharmacy."
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;
(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."

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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 admis sion 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.
(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 11. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Commit tee Report on HB 1261.

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3715

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Bowen Broun of 46th Bryant Cobb Coleman English Fincher of 52nd Fincher of 54th

Gillis Horton Hudgins Kennedy Kidd Lester Littlefield McGill McKenzie

Scott Starr Stephens Summers Tate Thompson Timmons Turner Wessels

Those voting in the negative were Senators:

Barnes Bond Brown of 47th Coverdell Deal Dean Eldridge

Engram Evans Foster Garner Greene Howard Hudson

Land Reynolds Robinson Stumbaugh Sutton Trulock Tysinger

Those not voting were Senators:

Barker Bell Brannon

Brantley Hill

Holloway Walker

On the motion, the yeas were 28, nays 21; the motion prevailed, and the Senate rejected the Conference Committee Report on HB 1261.

Senator Kidd of the 25th moved that the Senate reconsider its action in rejecting the Conference Committee Report on HB 1261.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bowen Brannon Brown of 47th Bryant Coleman English

Fincher of 52nd Fincher of 54th Gillis Holloway Horton Hudgins Kennedy

Kidd Lester Littlefield McGill McKenzie Reynolds Scott

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JOURNAL OF THE SENATE

Starr Stephens Summers

Tate Timmons Turner

Walker Wessels

Those voting in the negative were Senators:

Ballard Bell Bond Brantley Broun of 46th Cobb Coverdell Deal

Dean Eldridge Engram Evans Foster Garner Greene Howard

Hudson Land Robinson Stumbaugh Sutton Thompson Trulock Tysinger

Those not voting were Senators:

Barker

Barnes

Hill

On the motion, the yeas were 29, nays 24; the motion prevailed, and the Con ference Committee Report on HB 1261 was reconsidered.

Senator Kidd of the 25th moved that the Senate adopt the Conference Commit tee Report on HB 1261.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Bowen Broun of 46th
Brown of 47th Bryant Coleman English Fincher of 52nd Fincher of 54th

Gillis Hill Holloway Horton
Hudgins Kennedy Kidd Lester Littlefield McGill

Those voting in the negative were Senators:

Bell Bond Brantley Cobb
Coverdell Deal Dean
Eldridge

Engram Evans Foster Garner
Greene Howard Hudson

McKenzie Reynolds Scott Starr Stephens Summers Timmons Turner Walker Wessels
Land Robinson Stumbaugh Sutton Tate Trulock Tysinger

FRIDAY, MARCH 26, 1982

Those not voting were Senators:

Barker Barnes

Brannon

Thompson

3717

On the motion, the yeas were 30, nays 22; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1261.
The following local bill of the House was taken up for the purpose of consider ing the House action thereon:
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.
Senator Broun of the 46th moved that, since the House had rejected the First Conference Committee Report on HB 1906, a Second Conference Committee be ap pointed.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Presi dent appointed as a Second Conference Committee on the part of the Senate the following:
Senators Broun of the 46th, Reynolds of the 48th and Kidd of the 25th.
The following resolution and bill of the House were taken up for the purpose of considering the Conference Committee Reports thereon:
HR 626. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd: A resolution proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purposes being established as calendar year 1981.

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The Conference Committee Report on HR 626 was as follows:

The Conference Committee on HR 626 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HR 626 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Max R. Brannon Senator, 51st District

/s/ R. L. Foster Representative, 6th District

/s/ W. W. Fincher, Jr. Senator, 54th District

Is/ Tom Ramsey Representative, 3rd District

Is/ Hugh M. Gillis, Sr. Senator, 20th District

/s/ Roger Williams Representative, 6th District

Conference Committee substitute to HR 626:
A RESOLUTION
Proposing an amendment to the Constitution so as to limit, with cer tain exceptions, increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immeditely preceding calendar year with the base year for such purpose being established as calendar year 1981; 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:
"For the purposes of this paragraph 'ad valorem taxes' means ad valorem taxes levied by Whitfield County for all purposes except ad valorem taxes levied for the Whitfield County school district and ad valorem taxes levied for bonded indebtedness. Except as hereinafter provided, ad valorem taxes levied by Whitfield County for any calen dar year shall be limited to a tax millage rate which will produce an

FRIDAY, MARCH 26, 1982

3719

amount of revenue equal to the amount of revenue produced by the ad valorem tax millage rate levied by Whitfield County for calendar year 1981, plus an increase in such amount not exceeding 5 percent for any single calendar year with such maximum increase computed on the basis of the revenue produced during the immediately pre ceding calendar year. In the event the revenue produced by ad valorem taxes levied by Whitfield County for calendar year 1982 ex ceeded the limitation provided for above if this paragraph had been in effect for calendar year 1982, then ad valorem taxes levied by Whit field County for calendar year 1983 shall be further limited so that the total revenue produced by ad valorem taxes levied by Whitfield Coun ty in calendar year 1982 and calendar year 1983 shall not exceed the amount of revenue which would have been allowed to be produced had this paragraph been in effect for calendar year 1982. The limita tion on ad valorem taxes provided for above may be modified by growth in the net tax digest of Whitfield County but only in the man ner hereinafter provided. For any calendar year, the governing authority of Whitfield County shall set the ad valorem tax millage rate within the limitation provided for above based on the assumption that the net tax digest for the current year is the same dollar amount as the net tax digest for the immediately preceding year. The revenues pro duced by the application of such millage rate to actual growth in the net tax digest in the current year over the immediately preceding year may be added to the 5 percent limitation provided for above. For the purposes of the foregoing sentences, 'growth in the net tax digest' means increases in the digest resulting only from the addition during a calendar year of property to the digest because of new construction, renovations, or other improvements to property, and the term specifically excluded growth in the net tax digest resulting from in creases in the value of existing property. Any other provisions of this paragraph to the contrary notwithstanding, in the event the joint county and municipality sales and use tax levied within Whitfield County is discontinued pursuant to the provisions of Code Section 48-8-92 of the Official Code of Georgia Annotated, then the limita tions on ad valorem taxation by Whitfield County provided for in this paragraph shall be null, void, and of no force and effect. The limita tion on ad valorem taxes levied by Whitfield County provided for by this paragraph may be modified by local Act of the General Assembly, but no such local Act may become effective unless it is approved by a majority of the qualified electors of Whitfield County voting on the question of such modification."
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 limit, with cer tain exceptions, increases in ad valorem taxes levied by
[ ] NO Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purpose being established as calendar year 1981?"

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All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the 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 Fincher of the 54th moved that the Senate adopt the Conference Com mittee Report on HR 626.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Broun of 46th Brown of 47th Bryant Coleman English Fincher of 54th

Foster Gillis Horton Kennedy Lester McGill McKenzie

Reynolds Scott Starr Stumbaugh Turner Walker Wessels

Those voting in the negative were Senators:

Bond Bowen Brannon Brantley Cobb Coverdell Deal Dean Eldridge

Engram Evans Garner Greene Holloway Howard Hudgins Hudson Kidd

Land Robinson Stephens Sutton Thompson Timmons Trulock Tysinger

Those not voting were Senators:

Ballard Barnes Bell

Fincher of 52nd Hill Littlefield

Summers Tate

On the motion, the yeas were 22, nays 26; the motion prevailed, and the Senate rejected the Conference Committee Report on HR 626.
Senator Fincher of the 54th moved that the Senate reconsider its action in rejecting the Conference Committee Report on HR 626.

FRIDAY, MARCH 26, 1982

3721

On the motion, the yeas were 16, nays 27; the motion was lost, and the Con ference Committee Report on HR 626 was not reconsidered.

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 accordingly.

The Conference Committee Report on HB 1464 was as follows:

The Conference Committee on HB 1464 reports that the Senate con ferees have agreed to recede from the Senate position regarding a twoyear rate freeze on workers' compensation insurance premium rates and to adopt a one-year rate freeze; that the House conferees have agreed to recede from the House position regarding the definition of the term "ac cident"; and that all conferees have agreed to increase weekly income benefits for total disability from $115.00 to $135.00 and to include byssinosis as an occupational disease.
Therefore, the Conference Committee on HB 1464 recommends that both the Senate and the House of Representatives recede from their posi tions and that the attached Conference Committee Substitute to HB 1464 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ W. D. Ballard Senator, 45th District

/s/ Edwin G. Mullinax Representative, 69th District

/s/ Render Hill Senator, 29th District

/s/ Charles Martin Representative, 60th District

/s/ Kyle T. Cobb Senator, 28th District

/s/ Don Castleberry Representative, 111th District

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Conference Committee substitute to HB 1464:

A BILL
To be entitled an Act to amend Code Title 114, relating to workers' compensation, as amended, so as to provide for the use of certain guides to the evaluation of permanent impairment; to provide that the basic rates for policies or contracts of insurance against liability for workers' compensation shall be maintained at a certain level; to provide for pro cedures relative to the foregoing; to provide for hearings and appeals; to change certain provisions relative to the payment of workers' compensa tion benefits for total disability; to change the provisions relating to oc cupational diseases so as to include byssinosis; to change the definition of the term "occupational disease"; to define the term "byssinosis"; 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:
Section 0.5. Code Title 114, relating to workers' compensation, as amended, is amended by striking Code Section 114-102 in its entirety and inserting in lieu thereof a new Code Section 114-102 to read as follows:
"114-102. 'Injury' and 'personal injury' defined; evaluation of permanent impairment, (a) 'Injury' and 'personal injury' shall mean only injury by accident arising out of and in the course of the employ ment and shall not, except as hereinafter provided, include a disease in any form except where it results naturally and unavoidably from the accident, nor shall 'injury' and 'personal injury' include injury caused by the wilful act of a third person directed against an employee for reasons personal to such employee, nor shall 'injury' and 'personal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, or thrombosis, unless it is shown by preponderance of competent and creditable evidence that it was attributable to the performance of the usual work of employment. Alcoholism or disabilities attributable thereto shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the course of the employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be 'injury' or 'personal in jury' by accident arising out of and in the course of employment ex cept when such addiction was caused by the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician.
(b) In all cases arising under the 'Georgia Workers' Compensation Act,' any percentage of disability or bodily loss ratings shall be based upon 'Guides to the Evaluation of Permanent Impairment' published by the American Medical Association or any other recognized medical books or guides."

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Section 1. Said Code Title 114 is further amended by striking Code Section 114-404 in its entirety and inserting in lieu thereof a new Code Section 114-404 to read as follows:
"114-404. Income benefits for total disability. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $135.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage.''
Section 2. Said Code Title 114 is further amended by adding a new Code section between Code Sections 114-609 and 114-610, as amended, to be designated Code Section 114-609.1, to read as follows:
"114-609.1. (a) Notwithstanding any other provision of law, all in surers issuing policies or contracts of insurance against the liability for compensation under this chapter shall comply with the following pro visions. Each insurer's basic rate for policies or contracts of insurance against the liability for compensation under this chapter shall not ex ceed the insurer's effective rate approved by and on file with the In surance Commissioner as of the effective date of this Code section. These rates shall remain in effect until April 1, 1983.
(b) There shall be no exception to the requirements of subsection (a) of this Code section unless the Insurance Commissioner finds, after a hearing upon the written request of an insurer, that the use of the rates required under subsection (a) of this Code section by the in surer will result in rates which are inadequate to the extent that:
(1) Such rates do not properly reflect the insurer's loss experience in this state to the extent that its earned premiums would not equal its incurred losses or expenses; or
(2) Such rates jeopardize the solvency of the insurer required to use such rates.
(c) The insurer shall have the burden of showing that the use of the rate required under subsection (a) of this Code section will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in this state or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data, pertinent judgment, and trend factors, no other reasonable conclusion would be appropriate.
(d) Upon conclusion of any hearing held pursuant to this chapter, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a decision relieving an insurer from full compliance with this Code section. The provisions of Code Chapter 56-2 shall apply to hearings held under this Code section.

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(e) Any insurer appealing from a final order of the Insurance Com missioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Code section. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of 12 percent per annum."
Section 3. Said Code Title 114 is further amended by striking Code Section 114-801 in its entirety and inserting in lieu thereof a new Code Section 114-801 to read as follows:
"114-801. General provisions.--Where the employer and employee are subject to the provisions of the workers' compensation law, the disablement or death of an employee resulting from an oc cupational disease as hereinafter listed and defined, shall be treated as the happening of an injury by accident, and the employee or, in the case of his death, his dependents, shall be entitled to compensation as provided by the workers' compensation law, except as hereinafter provided, and the practice and procedure prescribed in such law shall apply to all the proceedings under this Chapter except as hereinafter otherwise provided: Provided, however, that in no case shall an employer be liable for compensation under the provisions of this Chapter except for a disease specified in section 114-803, and unless such disease arose out of and in the course of employment and has resulted from the nature of the employment in which the employee was engaged under such employer and was actually contracted while engaged, meaning by 'nature of the employment' that to the occupa tion in which the employee was so engaged, there is attached the par ticular hazard of such disease that distinguishes it from the usual run of occupations and is in excess of the hazards of such disease attend ing employment in general, and unless disablement or death results within three years in the case of byssinosis, silicosis, or asbestosis or within one year in the case of any other occupational disease after the last injurious exposure to the hazard of such disease in such employ ment, or, in case of death, unless death follows continuous disability from such disease commencing within the period above limited for which compensation has been paid or awarded or timely claim made as provided by the workers' compensation law, and results within seven years after such last exposure. Except, however, in cases of disability or death caused by exposure to X-rays or radioactive substances as listed and defined under section 114-803-2, the time for the filing of such claims shall be within one year after the date upon which the employee first suffered disability from the exposure of Xray and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by his present or prior employment. Notwithstanding any other provisions of law, in cases of disability or death resulting from byssinosis as defined in subsection (c) of Code Section 114-812, the time for filing claims shall be as provided by this Code Title; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1, 1983, such claims shall be filed prior to July 1, 1984."

FRIDAY, MARCH 26, 1982

3725

Section 4. Said title is further amended by adding at the end of Code Section 114-803 the following:
"6. byssinosis."
Section 5. Said title is further amended by striking Code Section 114-812 in its entirety and inserting in lieu thereof a new Code Section 114-812 to read as follows:
"114-812. Definition of 'silicosis,' 'asbestosis,' and 'byssinosis.'-- (a) Whenever used in this Chapter, 'silicosis' shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy.
(b) Wherever used in this Chapter, 'asbestosis' shall mean a disease of the lungs, caused by breathing asbestos dust, characterized anatomically by generalized fibrotic changes in the lungs, demonstrated by X-ray examination or by autopsy.
(c) Wherever used in this Chapter, 'byssinosis' shall mean a pulmonary disease due to exposure to cotton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pulmonary specialist by the American Board of Internal Medicine."
Part 2
Section 5.5. Chapter 9 of Title 34 of the Official Code of Georgia An notated, relating to workers' compensation, is amended by adding at the end of Code Section 34-9-1 a new paragraph (5) to read as follows:
"(5) In all cases arising under Chapter 9 of Title 34, any percent age of disability or bodily loss ratings shall be based upon 'Guides to the Evaluation of Permanent Impairment' published by the American Medical Association or any other recognized medical books or guides."
Section 6. Said chapter is further amended by adding a new Code section between Code Sections 34-9-130 and 34-9-131, to be designated Code Section 34-9-130.1, to read as follows:
"34-9-130.1 (a) Notwithstanding any other provision of law, all in surers issuing policies or contracts of insurance against the liability for compensation under this chapter shall comply with the following pro visions. Each insurer's basic rate for policies or contracts of insurance against the liability for compensation under this chapter shall not ex ceed the insurer's effective rate approved by and on file with the In surance Commissioner as of the effective date of this Code section. These rates shall remain in effect until April 1, 1983.

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(b) There shall be no exception to the requirements of subsection (a) of this Code section unless the Insurance Commissioner finds, after a hearing upon the written request of an insurer, that the use of the rates required under subsection (a) of this Code section by the in surer will result in rates which are inadequate to the extent that:
(1) Such rates do not properly reflect the insurer's loss experience in this state to the extent that its earned premiums would not equal its incurred losses or expenses; or
(2) Such rates jeopardize the solvency of the insurer required to use such rates.
(c) The insurer shall have the burden of showing that the use of the rate required under subsection (a) of this Code section will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in this state or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data, pertinent judgment, and trend factors, no other reasonable conclusion would be appropriate.
(d) Upon conclusion of any hearing held pursuant to this chapter, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a decision relieving an insurer from full compliance with this Code section. The provisions of Chapter 33-2 shall apply to hearings held under this Code section.
(e) Any insurer appealing from a final order of the Insurance Com missioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Code section. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of 12 percent per annum."
Section 7. Said chapter is further amended by striking Code Section 34-9-261 in its entirety and inserting in lieu thereof a new Code Section 34-9-261 to read as follows:
"34-9-261. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $135.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage."

FRIDAY, MARCH 26, 1982

3727

Section 8. Said chapter is further amended by striking Code Section 34-9-280 in its entirety and inserting in lieu thereof a new Code Section 34-9-280 to read as follows:
"34-9-280. As used in this article, the term:
(1) 'Asbestosis' means a disease of the lungs which is caused by breathing asbestos dust and which is characterized anatomically by generalized fibrotic changes in the lungs as demonstrated by X-ray ex amination or by autopsy.
(2) 'Disablement' means the event of an employee becoming ac tually incapacitated because of occupational disease from performing his work in the last occupation in which he was injuriously exposed to the hazards of such disease or from performing any work in any other occupation for remuneration. Remuneration for work performed in any other occupation, as herein used, shall mean remuneration which equals or exceeds 33 Vs percent of the average weekly wages of the employee at the time of last injurious exposure, as determined under Code Section 34-9-260, or $20.00 per week, whichever is less. 'Disability' means the state of being so totally incapacitated.
(3) 'Occupational disease' means those diseases listed in this paragraph, but only if any such listed disease is due to causes and con ditions which are characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is expos ed to such disease (excluding all ordinary diseases of life to which the general public is exposed):
(A) Poisoning by:
(i) Arsenic;
(ii) Benzol (benzene);
(iii) Cadmium;
(iv) Carbon disulfide;
(v) Carbon monoxide;
(vi) Chlorine;
(vii) Chromium;
(viii) Cutting compounds;
(ix) Halogenated hydrocarbons;
(x) Hydrochloric acid;
(xi) Hydrocyanic acid;
(xii) Hydrofluoric acid;

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(xiii) Hydrogen sulfide;
(xiv) Lead;
(xv) Manganese;
(xvi) Mercury;
(xvii) Methanol (wood alcohol);
(xviii) Nitric acid;
(xix) Nitrous fumes (oxides of nitrogen);
(xx) Sulfur dioxide;
(xxi) Sulfuric acid; and
(xxii) Zinc;
(B) Diseased condition caused by exposure to X-rays or radioac tive substances;
(C) Asbestosis;
(D) Silicosis;
(E) Byssinosis; and
(F) Other occupational diseases, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compensation (or the medical board, if the matter in controversy is referred to it under Code Section 34-9-311) all of the following:
(i) A direct causal connection between the conditions under which the work is performed and the disease;
(ii) That the disease followed as a natural incident of exposure by reason of the employment;
(iii) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment;
(iv) That the disease is not an ordinary disease of life to which the general public is exposed;
(v) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence.
For the purposes of this subparagraph, partial loss of hearing due to noise shall not be considered an occupational disease.

FRIDAY, MARCH 26, 1982

3729

(4) 'Silicosis' means a disease of the lungs which is caused by breathing silica dust (silicon dioxide) and which produces fibrous nodules distributed through the lungs as demonstrated by X-ray ex amination or by autopsy.
(5) 'Byssinosis' means a pulmonary disease due to exposure to cot ton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pulmonary specialist by the American Board of Internal Medicine.''
Section 9. Said chapter is further amended by adding at the end of Code Section 34-9-281 a new subsection, to be designated subsection (d), to read as follows:
"(d) In cases of disability or death resulting from byssinosis as defined in paragraph (5) of Code Section 34-9-280, the time for filing claims shall be as provided by this chapter; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1, 1983, such claims shall be filed prior to July 1, 1984."
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.
(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 Ballard of the 45th moved that the Senate adopt the Conference Com mittee report on HB 1464.

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 Cobb Coleman Coverdell Dean
Eldridge

Engram Evans Fincher of 52nd Foster Garner Greene
Holloway Horton Howard Hudgins Hudson Kidd
Lester

McKenzie Reynolds Scott Starr Stephens Stumbaugh
Sutton Tate Thompson Trulock Turner Wessels

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Those voting in the negative were Senators:

Barker Bowen Bryant English
Gillis

Kennedy Land McGill Robinson

Summers Timmons Tysinger Walker

Those not voting were Senators:

Bell

Fincher of 54th

Deal

Hill

Littlefield

On the motion, the yeas were 38, nays 13; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1464.
The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:
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 state-wide 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.

The House substitute to SB 531 was as follows:
A BILL
To be entitled an Act to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide proba tion system, so as to provide for state participation in the cost of funding certain county probation systems; to provide that such county probation systems shall become a part of the state-wide probation system on a cer tain date; to provide that employees of such county probation systems shall, at their option, become employees of the Department of Offender Rehabilitation and be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced; to provide for other matters relative to the fore going; to provide an effective date and conditions for the effectiveness of this Act; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 26, 1982

3731

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, is amended by adding a new Code section immediately following Code Sec tion 42-8-43 to be designated Code Section 42-8-43.1 to read as follows:
"42-8-43.1. (a) This Code section shall apply to county probation systems of all counties of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census, any provision of Code Section 42-8-43 to the con trary notwithstanding. The department shall participate in the cost of the county probation systems subject to this Code section for fiscal years 1982-83 and 1983-84. The department shall compute the state cost per probationer on a state-wide basis for each of the aforesaid fiscal years pursuant to the formula used by the Office of Planning and Budget to determine the state cost for probation for budgetary purposes. For each of the aforesaid fiscal years, the department shall pay to the governing authority of each county maintaining a county probation system subject to this Code section the percentage shown below of the state-wide cost per probationer for each probationer be ing supervised under the respective county probation system as of the first day of each of said fiscal years:
(1) For fiscal year 1982-83, lOpercent; and
(2) For fiscal year 1983-84, 10-100 percent.
(b) The funds necessary to participate in the cost of county proba tion systems under subsection (a) of this Code section shall come from funds appropriated to the department for the purposes of providing state participation in the cost of county probation systems. The payments to counties provided for in subsection (a) of this Code sec tion shall be made by, or pursuant to the order of, the department in single lump sum payment for each fiscal year, with the payment for fiscal year 1982-83 being made by May 1, 1983, and the one for fiscal year 1983-84 by May 1, 1984. As a condition necessary for a county to qualify for department participation in the cost of the county's proba tion system, the employees of such county probation systems shall be subject to the supervision, control, and direction of the department.
(c) Each county probation system subject to the provisions of this Code section shall become a part of the state-wide probation system provided for by this article effective on July 1, 1984, and shall be fully funded from state funds as a part of the state-wide probation system beginning with fiscal year 1984-85. The employees of said county pro bation systems, at their option, shall become employees of the depart ment on the date said county systems become a part of the state-wide probation system and, on or after said date, said employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department."

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Section 2. If a local Act of the General Assembly is adopted and becomes effective on or before April 1, 1983, expressing approval that a county probation system affected by this Act become a part of the state wide probation system in accordance with the terms of this Act, then this Act shall become effective as to the county probation system affected by such local Act on April 1, 1983. This Act shall become effective only for each county probation system for which a local Act is adopted and effec tive on or before April 1, 1983, as provided in this section.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Coverdell of the 40th moved that the Senate agree to the House substitute to SB 531 as amended by the following amendment:

Amend the House substitute to SB 531 as follows:
By inserting at the beginning of line 14 on Page 3 immediately preceding the word "is" the following:
"or a general law of local application".
By inserting in line 21 on Page 3 between the word "Act" and the word "is" the following:
"or a general law of local application".

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 Brantley Broun of 46th Bryant Coleman Coverdell Deal Dean Eldridge English Engram Evans

Fincher of 52nd Foster Garner Gillis Greene 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

FRIDAY, MARCH 26, 1982

3733

Those not voting were Senators:

Bell Brannon Brown of 47th

Cobb Fincher of 54th

Hill Littlefield

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 531 as amended by the Senate.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

SB 142. By Senator Tysinger of the 41 st:
A bill to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and o"gthaesr".facilities, as amended, so as to change the definition of the term

The House substitute to SB 142 was as follows:
A BILL
To be entitled an Act to amend an Act providing certain re quirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. L. 1969, p. 50), as amended, so as to change the definition of the term "gas"; 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 providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. L. 1969, p. 50), as amended, is amended by adding at the end of subsection jc) of Section 2 a new sentence to read as follows:
"The term 'gas' shall also include liquid petroleum products."
so that when so amended subsection (c) shall read as follows:
"(c) 'Gas' means any flammable gaseous matter, and shall include but not be limited to, natural gas, manufactured gas, liquified petroleum gas and any material composed predominantly of any of the following hydrocarbons or mixtures of the same: methane, pro pane, propylene, butane or butylene. The term 'gas' shall also include liquid petroleum products."

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Part 2
Section 2. Chapter 9 of Title 25 of the Official Code of Georgia An notated, relating to blasting and excavating near certain facilities, is amended by striking paragraph (6) of Code Section 25-9-2 in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Gas' means any flammable gaseous matter and includes, but is not limited to, natural gas, manufactured gas, liquefied petroleum gas, and any material composed predominantly of any of the follow ing hydrocarbons or mixtures of the same: methane, propane, propylene, butane, or butylene. The term 'gas' shall also include liquid petroleum products."
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.

Senator Tysinger of the 41st moved that the Senate agree to the House substitute to SB 142.

On the motion, 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 Coleman Coverdell Deal Dean Eldridge English

Engram Fincher of 52nd Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Lester McGill

McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Wessels

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3735

Those not voting were Senators:

Ballard Bell Bowen Cobb
Evans

Fincher of 54th Hill
Holloway (presiding) Land

Littlefield Robinson
Timmons Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 142.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:

Amend SB 599 by adding on line 5 of Page 1 after the following:
"individual",
the following:
"and to remove the uniform traffic citation issued therefor from the records of the individual".
By adding on line 28 of Page 2 and on line 11 of Page 4 after the following:
"court",
the following:
"and the uniform traffic citation issued therefor shall be removed from the individual's record''.

Senator Broun of the 46th moved that the Senate agree to the House amend ment to SB 599.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Bryant Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Garner Gillis Horton Howard Hudgins Hudson Kennedy Kidd Lester

Those not voting were Senators:

Ballard Bell Bowen Brown of 47th Cobb Fincher of 54th

Greene Hill Holloway (presiding) Land Littlefield

McGill McKenzie Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Wessels
Reynolds Robinson Timmons Tysinger Walker

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 599.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.
The House substitute to SB 730 was as follows:

A BILL
To be entitled an Act 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

FRIDAY, MARCH 26, 1982

3737

without the necessity for taking an examination; 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 84-311A, relating to the qualifications for auctioneers and apprentice auctioneers, is amended by striking subsec tion (e) of said Code section in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) (1) Any person who is a resident of Georgia and who on January 1, 1975, is lawfully engaged in business as an auctioneer and has engaged for a period of at least one year prior to January 1, 1975, and has been principal auctioneer for at least three auctions during this period of time, and furnishes satisfactory proof of same to the Commission by January 1, 1980, shall not be required to take an ex amination, but all such persons shall be entitled to receive a license from the Commission under the provisions of this Chapter on proper application thereof submitted by July 1, 1979, and payment of the license fee required by this Chapter.
(2) Any person who is a resident of Georgia shall not be required to take an examination and shall be entitled to receive an auctioneer's license from the Commission upon submission of a proper application for an auctioneer's license and upon payment of the license fee prior to May 31, 1982, and upon furnishing satisfactory proof to the Com mission by May 31, 1982, that he:
(A) Is not less than 45 years of age nor more than 60 years of age; and
(B) Has been the principal auctioneer in not less than 500 auctions prior to 1971."
Part 2
Section 2. Code Section 43-6-11 of the Official Code of Georgia An notated, relating to qualifications for auctioneers and apprentice auc tioneers, is amended by striking subsection (e) of said Code section in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) (1) Any person who is a resident of Georgia and who on January 1, 1975, is lawfully engaged in business as an auctioneer and has been so engaged for a period of at least one year prior to January 1, 1975, has been principal auctioneer for at least three auctions dur ing this period of time, and furnishes satisfactory proof of same to the commission by January 1, 1980, shall not be required to take an ex amination; but all such persons shall be entitled to receive a license from the commission under this chapter on proper application therefor submitted by July 1, 1979, and payment of the license fee re quired by this chapter.

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(2) Any person who is a resident of Georgia shall not be required to take an examination and shall be entitled to receive an auctioneer's license from the commission upon submission of a proper application for an auctioneer's license and upon payment of the license fee prior to May 31, 1982, and upon furnishing satisfactory proof to the com mission by May 31, 1982, that he:
(A) Is not less than 45 years of age nor more than 60 years of age; and
(B) Has been the principal auctioneer in not less than 500 auctions prior to 1971."
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 Summers of the 53rd moved that the Senate agree to the House substitute to SB 730.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Lester McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Trulock Turner Tysinger

FRIDAY, MARCH 26, 1982

3739

Those not voting were Senators:

Ballard Bell Bond Bowen Broun of 46th

Fincher of 54th Garner Hill Holloway (presiding) Land

Littlefield Tate Timmons Walker Wessels

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 730.

The following bills of the Senate were taken up for the purpose of considering the House amendments thereto:

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.

The House amendment was as follows:

Amend SB 602 by inserting before the period on line 28 of Page 2 the following:
"and has been manufactured in such a manner that all parts of processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof'.

Senator Dean of the 31st moved that the Senate agree to the House amendment to SB 602.

On the motion, 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 Brown of 47th

Bryant Coleman Coverdell Deal Dean Eldridge English Engram

Fincher of 52nd Foster Garner Gillis Greene Horton Howard Hudgins

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Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stumbaugh

Those not voting were Senators:

Ballard Bell Broun of 46th Cobb Evans

Fincher of 54th Hill Holloway (presiding) Land Stephens

Sutton Thompson Timmons Trulock Turner
Summers Tate Tysinger Walker Wessels

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 602.

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 accordingly.
The House amendments were as follows:

Amendment No. 1:

Amend SB 567 by adding on Page 2, line 9 the following:
"All administrative and clerical personnel shall be employees of the administrative office of the courts; and shall be a part of this budget unit."

Amendment No. 2:
Amend SB 567 by inserting on Page 2 following the word "office" on line 5 the following:
"at the office of the Judicial Council of Georgia."

Senator Kidd of the 25th moved that the Senate agree to the House amendments to SB 567.

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3741

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 Brannon Brantley Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

Those not voting were Senators:

Allgood Bell Cobb

Evans Hill Holloway (presiding)

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker
Hudgins Land Wessels

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 567.
The following resolution of the Senate was taken up for the purpose of con sidering the House substitute thereto:
SR 29. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain State-owned property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date.
The House substitute to SR 29 was as follows:
A RESOLUTION Authorizing the conveyance of certain state owned property located in Newton County, Georgia; to provide an effective date; to repeal con flicting laws; and for other purposes.

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WHEREAS, the State of Georgia Department of Transportation is the owner of approximately three tracts of real property located in Newton County, Georgia; and
WHEREAS, said real property consist of all those tracts or parcels of land lying and being in Newton County, Georgia, and being generally described as follows:
"All that tract or parcel of land lying and being in Town District, Newton County, Georgia, and being Lots Nos. 19, 20 and 21 of the E. F. Callaway subdivision, plat of which is recorded in Newton County, Georgia deed records in Plat Book No. 1, page 59, to which reference is prayed for more particular description. Each of said lots being 100 x 400 feet and join and make on tract 300 x 400 feet and bounded as follows: On east by Old Orphan's Home road; north by property of Chester Meadors; west by Howard Piper Estate; and on South by J. L. Speers.";
and
WHEREAS, in order to accommodate the request of Newton County, the Department of Transportation desires to sell such property to Newton County.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. That the State of Georgia Department of Transportation is the owner of the above-described property.
Section 2. That the Department of Transportation is authorized to convey any or all of the above-described property, by sale for a con sideration not less than the fair market value as established by the Department of Transportation to Newton County upon such terms and conditions as the Department of Transportation shall in its discretion determine to be in the best interests of the State of Georgia.
Section 3. That the Department of Transportation is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 4. 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 5. That all laws and parts of laws in conflict with this resolu tion are repealed.

Senator Ballard of the 45th moved that the Senate agree to the House substitute toSR29.

FRIDAY, MARCH 26, 1982

3743

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 Brantley Broun of 46th Bryant
Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Horton Hudgins Hudson
Kennedy Kidd Land Lester Littlefield McGill McKenzie

Those not voting were Senators:

Bell Brannon Brown of 47th

Garner Hill

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Holloway (presiding) Howard

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 29.
The following bills of the House were taken up for the purpose of considering the Conference Committee Reports thereon:
HB 291. By Representatives Harrison and Isakson of the 20th, Darden of the 19th and Nix of the 20th: A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change a provision relative to a definition.

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The Conference Committee Report on HB 291 was as follows:

The Conference Committee on HB 291 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 291 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Wayne Garner Senator, 30th District

/s/ Carl Harrison Representative, 20th District

/s/TerrellA. Starr Senator, 44th District

/s/ Johnny Isakson Representative, 20th District

/s/ Horace E. Tate Senator, 38th District

/s/ Rudolph Johnson Representative, 72nd District

Conference Committee substitute to HB 291:
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, particularly by an Act approved April 16, 1979 (Ga. L. 1979, 1196), so as to provide creditable service for certain prior service as a member of a certain local retirement fund; to provide conditions relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflic ting 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, particularly by an Act approved April 16, 1979 (Ga. L. 1979, 1196), is amended by add ing at the end of Section 4 a new subsection (7) to read as follows:
"(7) (a) As used in this subsection the terms 'independent school system' and 'local retirement fund' shall have the same meaning as defined by subparagraphs (ii) and (iii) of paragraph (a) of subsection (8) of Section 9 of this Act.

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3745

(b) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such in dependent school system and had a vested right to benefits thereunder and who has not withdrawn employee contributions from the local retirement system shall receive creditable service under this Act equivalent to the creditable service the member had under said local retirement fund subject to the following conditions:
(i) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system shall pay to the Board of Trustees the total amount of employee contributions credited to the member under the local retire ment fund plus applicable accrued regular interest (as determined by the Board of Trustees) which would have accumulated on such con tributions. Such payment must be paid to the Board of Trustees, in a manner prescribed by the Board, by not later than January 1, 1983, or by the date of retirement, if the member retires prior to January 1, 1983.
(ii) The member shall pay to the Board of Trustees the amount of contributions which would have been paid by the member to the Teachers' Retirement System if the member had been a member of the Teachers' Retirement System for the period of creditable service the member had under the local retirement fund plus applicable ac crued regular interest (as determined by the Board of Trustees) which would have accumulated on such contributions, but the amount otherwise payable hereunder shall be reduced by the amount paid to the Board of Trustees under subparagraph (i) of this paragraph. Such payment must be made to the Board of Trustees, in a manner prescribed by the Board, by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this paragraph shall not be granted to the member until the payment required by this subparagraph has been made to the Board of Trustees.
(iii) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system, shall pay to the Board of Trustees the amount of employer contributions for such creditable service, which would have been paid to the Teachers' Retirement System had the teacher been a member of the Teachers' Retirement System at the time the service was rendered, plus applicable accrued regular interest thereon (as determined by the Board of Trustees).
(iv) No creditable service under this paragraph may be obtained for creditable service under a local retirement fund unless the member has forfeited any right to receive a retirement benefit under the local retirement fund.
(v) No creditable service under this paragraph may be obtained if such creditable service would not be allowable under other provisions of this Act.

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(vi) Paragraphs (i), (j), and (k) of subsection (8) of Section 9 of this Act shall apply to payments required by this paragraph.
(c) Any active member who was employed by an independent school system prior to, but not later than, June 20, 1979, and who was, while so employed, a member of a local retirement fund of such in dependent school system and had no vested right to benefits thereunder and who has withdrawn employee contributions from the local retirement fund and who had 17 years or more of creditable ser vice with that local retirement fund shall receive creditable service under this Act equivalent to the creditable service the member had under said local retirement fund upon the payment by the member to the Board of Trustees of the amount of contributions which would have been paid by the member to the Teachers' Retirement System if the member had been a member of the Teachers' Retirement System for the period of creditable service the member had under the local retirement fund, plus applicable accrued regular interest (as determin ed by the Board of Trustees) which would have accumulated on such contributions. Such payment must be paid to the Board of Trustees in a manner prescribed by the Board by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this paragraph shall not be granted un til the payment required by this paragraph has been made to the Board of Trustees. Subparagraphs jiv) and (v) of paragraph (b) of this subsection shall apply to creditable service obtained under this paragraph."
Part 2
Section 2. Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System, is amended by adding between Code Sections 47-3-87 and 47-3-88 a new Code Section 47-3-87.1 to read as follows:
"47-3-87.1. (a) As used in this Code section the terms 'indepen dent school system' and 'local retirement fund' shall have the same meaning as defined by paragraphs (1) and (2) of subsection (a) of Code Section 47-3-66.
(b) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such in dependent school system and had a vested right to benefits thereunder and who has not withdrawn employee contributions from the local retirement system shall receive creditable service under this chapter equivalent to the creditable service the member had under said local retirement fund subject to the following conditions:
(1) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system shall pay to the board of trustees the total amount of employee contributions credited to the member under the local retire ment fund plus applicable accrued regular interest (as determined by the board of trustees) which would have accumulated on such con-

FRIDAY, MARCH 26, 1982

3747

tributions. Such payment must be paid to the board of trustees, in a manner prescribed by the board, by not later than January 1, 1983, or by the date of retirement, if the member retires prior to January 1, 1983.
(2) The member shall pay to the board of trustees the amount of contributions which would have been paid by the member to the Teachers Retirement System if the member had been a member of the Teachers Retirement System for the period of creditable service the member had under the local retirement fund plus applicable accrued regular interest (as determined by the board of trustees) which would have accumulated on such contributions, but the amount otherwise payable hereunder shall be reduced by the amount paid to the board of trusteees under paragraph (1) of this subsection. Such payment must be made to the board of trustees, in a manner prescribed by the board, but not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this subsection shall not be granted to the member until the payment required by this paragraph has been made to the board of trustees.
(3) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system, shall pay to the board of trustees the amount of employer contributions for such creditable service, which would have been paid to the Teachers Retirement System had the teacher been a member of the Teachers Retirement System at the time the service was rendered, plus applicable accrued regular interest thereon (as determined by the board of trustees).
(4) No creditable service under this subsection may be obtained for creditable service under a local retirement fund unless the member has forfeited any right to receive a retirement benefit under the local retirement fund.
(5) No creditable service under this subsection may be obtained if such creditable service would not be allowable under other provisions of this chapter.
(6) Subsections (i), (j), and (k) of Code Section 47-3-66 shall apply to payments required by this subsection.
(c) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such in dependent school system and had no vested right to benefits thereunder and who has withdrawn employee contributions from the local retirement fund and who had 17 years or more of creditable ser vice with that local retirement fund shall receive creditable service under this chapter equivalent to the creditable service the member had under said local retirement fund upon the payment by the member to the board of trustees of the amount of contributions which would have been paid by the member to the Teachers Retirement System if the member had been a member of the Teachers Retirement

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JOURNAL OF THE SENATE

System for the period of creditable service the member had under the local retirement fund, plus applicable accrued regular interest (as determined by the board of trustees) which would have accumulated on such contributions. Such payment must be paid to the board of trustees in a manner prescribed by the board by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this subsection shall not be granted until the payment required by this subsection has been made to the board of trustees. Paragraphs (4) and (5) of subsection (b) of this Code section shall apply to creditable service obtained under this subsection."
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:

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 26, 1982

SUBJECT: Fiscal Note-House Bill 291 (Substitute) LC 11 4786S Teachers' Retirement System (TRS) Atlanta General Employees' Pension System (AGEPS)

The main provisions of this Bill are described in the following paragraphs.

1. This Bill would allow TRS members who were employed by an in dependent school system prior to and not after June 30, 1979, who were members of a local retirement fund and who had a vested right to benefits under the local fund to receive creditable service with TRS equivalent to the creditable service obtained under the local fund. For members to obtain such service, the local retirement fund would be re-

FRIDAY, MARCH 26, 1982

3749

quired to pay the amount of employee contributions credited to the member under the local fund plus accrued interest and the amount of employer contributions which would have been paid had the person been a member of TRS plus applicable accrued interest. The member would be required to pay the amount of employee contributions which would have been paid had the person been a member of TRS plus ap plicable accrued interest reduced by the amount of employee contribu tions and interest paid by the local fund. Payments must be made to TRS by January 1, 1983 or by the date of retirement, whichever occurs first.
The administrators of the Atlanta General Employees' Pension System have identified 13 persons who could benefit from this Bill. Four of these persons are currently active TRS members and could qualify for this provision upon its enactment, while the remaining nine persons could not qualify until they became active TRS members. For the four persons who could currently qualify, Atlanta fund administrators have indicated that the immediate cost would be approximately $160,000 in employee and employer contributions plus interest that would be transferred to TRS. This cost would be reduced by the cost of normal benefits that would have been payable by Atlanta to these transferees of $264,258 (which has a current present value of $158,122), resulting in a net cost to Atlanta of $1,878. Based on the years of service and average age of the four members who currently qualify for this credit and assum ing retirement at age 62, the total unfunded liability to TRS created at retirement for these four persons would be $131,942 (which has a cur rent present value of $94,589). The cost of this Bill would increase if any of the other nine eligible persons became active TRS members and pur chased creditable service. Data to compute this additional potential cost is not currently available. The costs noted above would be reduced if any of the four persons identified failed to claim any or all of their creditable service with TRS.
2. This Bill would also allow TRS members who were employed by an independent school system prior to but not later than June 30, 1979, who were members of a local retirement fund, who withdrew contribu tions upon leaving the independent system, and who had 17 or more years' service with the local fund to receive creditable service equivalent to the creditable service obtained under the local fund. For members to obtain such service, they would be required to pay the amount of employee contributions that would have been paid had the person been a member of TRS plus applicable accrued interest. Such payment must be made prior to January 1, 1983 or retirement, whichever occurs first. Under current law, persons becoming TRS members on or after April 1, 1966 may obtain creditable service for teaching service rendered in a local system if the member pays employee contributions which would have been paid to TRS plus applicable accrued interest and the member or the local board of education for which such service was rendered pays employer contributions which would have been paid to TRS plus ap plicable accrued interest.
The administrators of the Atlanta General Employees' Pension System have identified 389 persons who could benefit from this provi sion. Eight of these persons are currently active TRS members and could qualify for this provision upon its enactment, while the remaining 381 persons could not qualify unless they became active TRS members and made payments prior to January 1, 1983.

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Sufficient data is not available to compute the total cost to TRS; however, information for three persons was obtained. Based on the age, years' service and salary for these three persons, TRS would incur un funded liabilities at retirement for these three persons of $29,450, $50,132, and $54,566 (which have current present values of $13,192, $45,041, and $54,566, respectively). As illustrated in these three cases, the unfunded liability created varies widely with individual cir cumstances and the costs for these three persons are not necessarily representative of the cost for the five persons for whom data was not available. The cost of this Bill would increase if any of the other 381 eligi ble persons became active TRS members and purchased creditable ser vice. Data to compute this additional potential cost is not currently available. The costs noted above would be reduced if any of the seven persons identified failed to claim any or all of their creditable service with TRS.

Is/ W. M. Nixon State Auditor

I si C. T. Stevens, Director Officer of Planning and Budget

Senator Coverdell of the 40th moved that the Senate adopt the Conference Committee Report on HB 291.

On the motion, 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
Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Horton Hudson Kennedy Kidd Land
Lester McGill

McKenzie Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger
Walker Wessels

Voting in the negative were Senators Deal and Hudgins.

FRIDAY, MARCH 26, 1982

3751

Those not voting were Senators:

Ballard Bell Brannon Garner

Hill Holloway (presiding) Howard Littlefield

Reynolds Robinson Trulock

On the motion, the yeas were 43, nays 2; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 291.

The President resumed the Chair.

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.

The Conference Committee Report on HB 1435 was as follows:

The Conference Committee on HB 1435 recommends that the Senate recede from its amendment and that the following amendment be adopted:

Amend HB 1435 as it passed the House by striking on Page 3, line 13, and on Page 58, line 3, the following:

"$500.00",

and inserting in lieu thereof the following:

"$1,500.00".

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

1st Hugh M. Gillis, Sr. Senator, 20th District

Is/ Wilbur E. Baugh Representative, 108th District

1st Pierre Howard Senator, 42nd District

I si Bobby Eugene Parham Representative, 109th District

/si Culver Kidd Senator, 25th District

Is/ J. Roy Rowland Representative, 119th District

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JOURNAL OF THE SENATE

Senator Gillis of the 20th moved that the Senate adopt the Conference Commit tee report on HB 1435.

On the motion, 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 Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bell Brannon

Evans Hill Land

McGill Reynolds Trulock

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1435.
The following bill of the House was taken up for the purpose of considering the Second Conference Committee Report thereon:
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.

FRIDAY, MARCH 26, 1982

3753

The Second Conference Committee Report on HB 1906 was as follows:

The Conference Committee on HB 1906 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1906 be adopted.

FOR THE SENATE:
1st Culver Kidd Senator, 25th District
1st Paul C. Broun Senator, 46th District
1st Steve Reynolds Senator, 48th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
Isi Bob Argo Representative, 63rd District
1st Harry D. Dixon Representative, 151st District
Isi Charles Martin Representative, 60th District

Conference Committee substitute to HB 1906:
A BILL
To be entitled an Act 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 consumption on the premises at certain times on Sundays if approved in a referendum; to provide that certain special referendum elections to determine if licenses to sell alcoholic beverages for beverage purposes by the drink, such sales to be for consumption only on the premises, shall be conducted at the time of any other primary or election; to provide the procedures connected therewith; 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. The "Georgia Alcoholic Beverage Code," Code Title 5A, is amended by adding at the end of Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, a new subsection to be labeled subsection (j) and to read as follows:
"(j) (1) In each county having a population of not less than 69,000 and not more than 75,000 according to the United States Decennial Census of 1980 or any future such census, in which the sale of

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JOURNAL OF THE SENATE

alcoholic beverages is lawful and in all municipalities in those coun ties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and one hour immediately following that time.

(2) (A) This subsection shall not become effective in the unin corporated area of any such county or in any municipality unless the application to the unincorporated area of such county or municipality is approved at a referendum by the voters of the unincorporated area of any such county or municipality. Such referendum shall be held on the date of the first general primary election held after this paragraph first applies to the county or municipality. Not less than 30 nor more than 60 days prior to the date of such primary, it shall be the duty of the election superintendent of the county to issue the call for an elec tion for the purpose of submitting this question to the electors of the unincorporated area of any such county and each affected municipali ty for approval or rejection. The superintendent shall set the date of such election for the date of said primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the of ficial organ of the county. The ballot shall have written or printed
thereon the words:

'[ ] YES [ ] NO

Shall the law allowing the governing authority of (insert name of the affected political subdivision) to allow the sale of alcoholic beverages for one hour after 11:55 P.M. on Saturdays be approved?'

(B) All persons desiring to vote for approval shall vote 'Yes,' and those persons desiring to vote for rejection shall vote 'No.' If more than one-half of the votes cast on such question in the unincorporated area of such county are for approval, then paragraph (1) shall become of full force and effect in the unincorporated area of the county. If more than one-half of the votes cast on such question in any municipality are for approval, then paragraph (1) shall become of full force and effect in such municipality.

(C| The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such elec tion. It shall be his further duty to certify the result thereof to the Secretary of State.''

Section 2. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 5A-2903 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:

"(1) Upon a written petition containing 35 percent of the registered and qualified voters of a municipality or county coming within the provisions of this section being filed with the appropriate governing authority, the governing authority shall be required to hold and conduct a special referendum election which shall be held at the time of holding any other primary or election in such county or

FRIDAY, MARCH 26, 1982

3755

municipality for the purpose of submitting to the qualified voters of the municipality or county the question of whether or not the sale of distilled spirits, as provided for in this chapter, shall be authorized."

Part 2

Section 3. Title 3 of the Official Code of Georgia Annotated, known as the "Georgia Alcoholic Beverage Code," is amended by adding a new subsection (i) at the end of Code Section 3-3-7 to read as follows:

"(i) (1| In each county having a population of not less than 69,000 and not more than 75,000 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 in those coun ties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and one hour immediately following that time.

(2) (A) This subsection shall not become effective in the unin corporated area of any such county or in any municipality unless the application to the unincorporated area of such county or municipality is approved at a referendum by the voters of the unincorporated area of any such county or municipality. Such referendum shall be held on the date of the first general primary election held after this paragraph first applies to the county or municipality. Not less than 30 nor more than 60 days prior to the date of such primary, it shall be the duty of the election superintendent of the county to issue the call for an elec tion for the purpose of submitting this question to the electors of the unincorporated area of any such county and each affected municipali ty for approval or rejection. The superintendent shall set the date of such election for the date of said primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the of ficial organ of the county. The ballot shall have written or printed thereon the words:

'[ ] YES [ ] NO

Shall the law allowing the governing authority of (insert name of the affected political subdivision) to allow the sale of alcoholic beverages for one hour after 11:55 P.M. on Saturdays be approved?'

(B) All persons desiring to vote for approval shall vote 'Yes,' and those persons desiring to vote for rejection shall vote 'No.' If more than one-half of the votes cast on such question in the unincorporated area of such county are for approval, then paragraph (1) shall become of full force and effect in the unincorporated area of the county. If more than one-half of the votes cast on such question in any municipality are for approval, then paragraph (1) shall become of full force and effect in such municipality.

(C) The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such elec tion. It shall be his further duty to certify the result thereof to the Secretary of State."

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Section 4. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 3-4-92 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Upon a written petition containing the signatures of 35 per cent of the registered and qualified voters of a municipality or county described in subsection (a) of this Code section being filed with the ap propriate governing authority, the governing authority shall be re quired to hold and conduct a special referendum election which shall be held at the time of holding any other primary or election in such county or municipality for the purpose of submitting to the qualified voters of the municipality or county the question of whether the sale of distilled spirits, as provided for in this article, shall be authorized."
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 November 1, 1982.
Section 6. Notwithstanding any other provision of law to the con trary, the United States decennial census of 1980 shall become effec tive for purposes of this Act on the effective date of this Act.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Broun of the 46th moved that the Senate adopt the Second Conference Committee Report on HB 1906.

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 Fincher of 52nd Garner Gillis Greene Holloway Horton Howard Hudgins Hudson Kennedy
Kidd Land

Lester McGill McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Turner
Tysinger Wessels

FRIDAY, MARCH 26, 1982

3757

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Bell Evans Fincher of 54th

Foster Hill Littlefield

Reynolds Trulock Walker

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate adopted the Second Conference Committee Report on HB 1906.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 511. By Senators Garner of the 30th, Hill of the 29th, Cobb of the 28th and others:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia An notated, relating to invasions of privacy, so as to make it unlawful know ingly to publish the name of a person under the age of 17 who has been or may have been the victim of a crime which constitutes a felony without the written consent of a parent or legal guardian.

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.

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.

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JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 953. By Representative Murphy of the 18th: A resolution relative to adjournment.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 346. By Senator Greene of the 26th:
A bill to amend Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtness, as amended, so as to provide excep tions to notice requirements in certain cases involving bankruptcy pro ceedings.

The House substitute to SB 346 was as follows:
A BILL
To be entitled an Act to amend Code Section 13-1-11, relating to obligations to pay attorney's fees, so as to change the maximum amounts which may be enforced; to provide an exception to notice requirements; 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. Code Section 13-1-11, relating to obligations to pay at torney's fees, is amended by replacing paragraphs (1), (2), and (3) of subsection (a) with new paragraphs to read as follows:
" (1) If such note or other evidence of indebtedness provides for at torney's fees in some specific percent of the principal and interest ow ing thereon, such provision and obligation shall be valid and en forceable up to but not in excess of:
(A| 15 percent on the first $2,000.00 owed;
(B) 10 percent on amounts in excess of $2,000.00 and up to $30,000.00;
(C| 5 percent on amounts in excess of $30,000.00 and up to $100,000.00; and
(D) 1 percent on amounts in excess of $ 100,000.00;

FRIDAY, MARCH 26, 1982

3759

(2) If such note or other evidence of indebtedness provides for the payment of reasonable attorney's fees without specifying any specific percent, such provision shall be construed to mean 15 percent of the first $500.00 of principal and interest owing on such note or other evidence of indebtedness and 10 percent of the amount of principal and interest owing thereon in excess of $500.00 but in no event more than the maximum allowable attorney's fees on the amount owing, as computed under paragraph (1);
(3) The holder of the note or other evidence of indebtedness or his attorney at law shall, after maturity of the obligation, notify in writing the maker, endorser, or party sought to be held on said obligation that the provisions relative to payment of attorney's fees in addition to the principal and interest shall be enforced and that such maker, en dorser, or party sought to be held on said obligation has ten days from the receipt of such notice to pay the principal and interest without the attorney's fees. If the maker, endorser, or party sought to be held on any such obligation shall pay the principal and interest in full before the expiration of such time, then the obligation to pay the attorney's fees shall be void and no court shall enforce the agreement. The refusal of a debtor to accept delivery of the notice specified in this paragraph shall be the equivalent of such notice. If a petition is filed for adjustment of debts or for any other relief permitted under Title 11 of the United States Code, relating to bankruptcy, and this adjustment or relief will affect the obligation created by a note or other evidence of indebtedness upon which attorney's fees are otherwise recoverable under this Code section, the holder of that note or dence of in debtedness shall not be required to give notice under this paragraph."
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 Greene of the 26th moved that the Senate disagree to the House substitute to SB 346.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 346.

The following resolution of the Senate was taken up for the purpose of con sidering the House amendment thereto:

SR 274. By Senator Coverdell of the 40th: A resolution creating the Hazardous Drivers Study Committee.

3760

JOURNAL OF THE SENATE

The House amendment was as follows:

Amend SR 274 as follows:
On Page 1, line 22, delete the words "Public Safety Committee" and insert "Motor Vehicles Committee."

Senator Coverdell of the 40th moved that the Senate agree to the House amend ment to SR 274.

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 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 Land Lester

McGill McKenzie Reynolds Robinson Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Bond Broun of 46th

Hill Littlefield

Scott Summers

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 274.

FRIDAY, MARCH 26, 1982

3761

The following communication from His Excellency, Governor George Busbee, was received and read by the Secretary:

Office of the Governor Atlanta, Georgia 30334
March 15, 1982
Honorable Zell Miller Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lieutenant Governor Miller and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
The following named persons as members of the Council on Aging, for terms beginning December 31, 1981 and ending December 15, 1983: Kay H. Hind of Dougherty County; Naomi E. Maddox of DeKalb County; Vita R. Ostrander of DeKalb County; Barbara P. Payne, Ph.D., of DeKalb County; Claude P. Smith of White County; William J. Todd of Fulton County; Clara W. West of McDuffie County.
Honorable Walter T. Carry of Fulton County as a member of the State Board for Examination, Qualification and Registration of Ar chitects, for the term of office beginning April 1, 1981 and ending March 5, 1986.
Honorable Oscar L. Harris of Fulton County as a member of the State Board for Examination, Qualification and Registration of Architects, for the term of office beginning June 30, 1981 and ending March 5, 1983.
Honorable Stan Woodhurst, Jr., of Richmond County as a member of the State Board for Examination, Qualification and Registration of Ar chitects, for the term of office beginning March 5, 1982 and ending March 5, 1987.
The following named persons as members of the Area Planning and Development Advisory Committee, for terms beginning November 10, 1981 and serving at the Pleasure of the Governor: Jack Brannon of Seminole County; James A. Stephens of Glynn County.
The following named persons as members of the Georgia Council for the Arts and Humanities, for terms beginning July 17, 1981 and ending July 11, 1984: James E. Barnett of Fulton County; Lamar Dodd of Clarke County; Neva Jane Pickling of Bibb County; Jacqueline S. Friedlander of Colquitt County; T. Marshall Jones of Dougherty County; Rosalie S. Mor ris of Chatham County; Barbara Nevins of Fulton County; Bernice B. Spigel of Whitfield County.

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Honorable Dorothy W. McClure of Muscogee County as Chairperson of the Georgia Council for the Arts and Humanities, for the term of office beginning July 29, 1981 and ending June 30, 1982.
Honorable Marilyn M. Moreira of Glynn County as a member of the Atlantic States Marine Fisheries Commission, for the term of office beginning April 1, 1981 and ending May 18, 1983.
Honorable R. Curtis Brannen, Sr., of Screven County as a member of the Georgia Auctioneers Commission, for the term of office beginning August 20, 1981 and ending August 14, 1986.
Honorable Hugh M. Dorsey, Jr., of Fulton County as a member of the State Campaign and Financial Disclosure Commission, for the term of of fice beginning August 25, 1981 and ending May 1, 1986.
Honorable Deane Mink of Lowndes County as a member of the Georgia Board of Chiropractic Examiners, for the term of office begin ning August 20, 1981 and ending August 20, 1984.
The following named persons as members of the Board of Communi ty Affairs, for terms beginning July 1, 1981 and ending July 1, 1984; James Griffin, Jr., of Dougherty County; J. B. Jones, II, of Lumpkin County; C. Hobby Stripling, Sr., of Dooly County.
The following named persons as members of the Board of Communi ty Affairs, for terms beginning June 30, 1982 and ending June 30, 1985: Larry J. Parrish of Emanuel County; Gerald H. Thompson of Ben Hill County.
Honorable Michael J. McDevitt of Chatham County as a member of the Construction Industry Licensing Board, for the term of office begin ning September 30, 1981 and ending June 30, 1982.
The following named persons as members of the Construction In dustry Licensing Board, for terms beginning June 30, 1982 and ending June 30, 1986: Walter L. Hibble of DeKalb County; J. C. Bray of Muscogee County; Michael J. McDevitt of Chatham County.
The following named persons as members of the Consumer Advisory Board, for terms beginning December 11, 1981 and ending December 10, 1982: Helen Dixon Davenport of Clay ton County; Woodruff Key of Emanuel County; Robert Remar of Fulton County; James Griggs Ward of Troup County.
The following named persons as members of the Consumer Advisory Board, for terms beginning December 11, 1981 and ending December 10, 1983: Frank Barron of Floyd County; Elizabeth Coleman-Stroup of Fulton County; Robbie Dokson of DeKalb County; Randy Humphrey of DeKalb County; Angel Irving of Bibb County; Joseph M. Lichtenberg of Cobb County; John C. Melton of Richmond County.
The following named persons as members of the Consumer Advisory Board, for terms beginning December 11, 1981 and ending December 10, 1985: John Cromartie of Hall County; Joel Goldberg of Fulton County; Mattie L. Moon of Hall County; Frank C. Moore of Seminole County.

FRIDAY, MARCH 26, 1982

3763

Honorable Edna K. West of DeKalb County as a member of the Georgia State Board of Cosmetology, for the term of office beginning May 1, 1981 and ending May 1, 1984.
The following named persons as members of the Georgia State Board of Cosmetology for terms beginning May 1, 1982 and ending May 1, 1985: Clarissa Hulsey of Hall County; Mary C. Stinson of Spalding Coun ty.
The following named persons as members of the Criminal Justice Coordinating Council, for terms beginning July 1, 1981 and ending July 1, 1983: Bettye Hutchings of Bibb County; Mel Fender of Cobb County; Helen D. Scholes of Cobb County; Sandra W. Galloway of Polk County.
The following named persons as members of the Criminal Justice Coordinating Council, for terms beginning July 1, 1981 and ending July 1, 1984: Richard M. Bond of Sumter County; Tracy Stallings of Carroll County.
The following named persons as members of the Criminal Justice Coordinating Council, for terms beginning July 1, 1981 and ending July 1, 1985: Jim Goolsby of Spalding County; Ronnie Rogers of Laurens County.
The Reverend Monsignor R. Donald Kiernan, P.A., as Special Ad visory Assistant to the Director of Criminal Justice Coordinating Council, for the term of office beginning July 17, 1981 and serving as provided by law.
Honorable William D. Kelley, Jr., of Fulton County as Director of the Criminal Justice Coordinating Council, for the term of office beginning August 7, 1981 and serving at the Pleasure of the Governor.
The following named persons as members of the Organized Crime Prevention Council, for terms beginning July 1, 1981 and serving at the Pleasure of the Governor: Gary C. Christy of Dooly County; Harold P. Craft, Jr., of Cobb County; Madison Greeley, Jr., of Bibb County; F. D. Hand, Jr., of DeKalb County; Paul L. Howard, Jr., of Fulton County; Earl D. Lee of Douglas County; E. Philip Peters, Sr., of Rockdale County; George W. Ward of Elbert County.
Honorable Lester S. Smith, Jr., D.D.S., of Bartow County as a member of the Georgia Board of Dentistry, for the term of office begin ning October 9, 1981 and ending August 1, 1986.
Honorable Frances Teel of Coweta County as a member of the Georgia Board of Dentistry, for the term of office beginning June 30, 1982 and ending June 30, 1986.
Honorable H. C. Hearn, Jr., of Evans County as a member of the Georgia Development Authority, for the term of office beginning July 1, 1981 and ending July 1, 1989.

3764

JOURNAL OF THE SENATE
Honorable Pat G. Kjorlaug of DeKalb County as a member of the Education Commission of the States, for the term of office beginning December 28, 1981 and serving at the Pleasure of the Governor.
Honorable Richard C. Owens of Irwin County as a member of the State Board of Education, for the term of office beginning May 13, 1981 and ending January 1, 1988.
Honorable Dent L. Temples, Jr., of Toombs County as a member of the State Board of Education, for the term of office beginning June 4, 1981 and ending January 1, 1988.
Honorable M. M. "Muggsy" Smith of Fulton County as a member of the State Election Board, for the term of office beginning August 20, 1981 and ending May 8, 1982.
Honorable M. M. "Muggsy" Smith of Fulton County as a member of the State Election Board, for the term of office beginning May 8, 1982 and ending May 8, 1984.
Honorable Jack T. Bean of DeKalb County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning June 18, 1981 and endingjune 1, 1986.
The following named persons as members of the Executive Center Fine Arts Committee, for terms beginning August 26, 1981 and ending August 8, 1983: John Hardman, M.D., of Fulton County; Christine Lambert of Morgan County; Gudmund Vigtel of Fulton County.
The following named persons as members of the Executive Center Fine Arts Committee, for terms beginning August 26, 1981 and ending August 8, 1985: Katharine Farnham of Fulton County; Henry Green of Glynn County; Florence Griffin of Fulton County.
The following named persons as members of the Executive Center Fine Arts Committee, for terms beginning August 26, 1981 and ending August 8, 1986: William Banks, Jr., of Coweta County; Janice Biggers of Muscogee County; Holcombe Green, Jr., of Fulton County.
The following named persons as members of the Fair Employment Practices Advisory Board, for terms beginning April 1, 1981 and ending January 31, 1984: Robert L. Albritten of Terrell County; Ann Q_. Curry of Fulton County; Patricia A. Blackmon of Fulton County.
Honorable Earl "Tige" Pickle of Early County as a member of the Fair Employment Practices Advisory Board, for the term of office begin ning June 30, 1981 and ending January 31, 1983.
Honorable Earl H. Thurmond, Sr., of Richmond County as a member of the Fair Employment Practices Advisory Board, for the term of office beginning November 10, 1981 and ending January 31, 1982.

FRIDAY, MARCH 26, 1982

3765

The following named persons as members of the Fair Employment Practices Advisory Board, for terms beginning January 31, 1982 and end ing January 31, 1985: Marymal M. Dryden of Fulton County; Maxine S. Goldstein of Baldwin County; Earl H. Thurmond, Sr., of Richmond County.
Honorable Vaughn H. Hofeldt of Hall County as a member of the State Board of Registration for Foresters, for the term of office beginning May 13, 1981 and ending March 19, 1986.
Honorable W. N. Haynes of Clarke County as a member of the State Board of Registration for Foresters, for the term of office beginning March 19, 1982 and ending March 19, 1987.
Honorable Patricia B. Robinson of Fulton County as a member of the State Forestry Commission, for the term of office beginning October 14, 1981 and ending January 1, 1987.
Honorable Eley C. Frazer, III, of Dougherty County as a member of the State Forestry Commission, for the term of office beginning January 29, 1982 and ending January 1, 1989.
Honorable Martha G. Shingler of Turner County as a member of the Georgia Forest Research Council, for the term of office beginning September 30, 1981 and ending August 25, 1982.
Honorable Cecil M. Hodges, Jr., of Washington County as a member of the Georgia Forest Research Council, for the term of office beginning September 30, 1981 and ending August 25, 1988.
Honorable Benjamin Hatcher of Thomas County as a member of the Georgia State Board of Funeral Service, for the term of office beginning April 1, 1981 and ending February 13, 1987.
Honorable James M. Weeks of Chatham County as a member of the Georgia State Board of Funeral Service, for the term of office beginning July 15, 1981 and ending February 13, 1985.
Honorable Robert A. Ryan, Jr., of Bade County as a member of the Georgia State Board of Funeral Service, for the term of office beginning February 26, 1982 and ending February 13, 1988.
Honorable William M. Mallory of Washington County as a member of the State Board of Registration for Professional Geologists, for the term of office beginning April 1, 1981 and ending November 24, 1985.
Honorable Earl F. Titcomb, Jr., of Chatham County as a member of the State Board of Registration for Professional Geologists, for the term of office beginning January 29, 1982 and ending November 24, 1986.
Honorable Alfred M. Long of Cobb County as a member of the Board of Hearing Aid Dealers and Dispensers, for the term of office beginning August 31, 1981 and ending July 1, 1984.

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JOURNAL OF THE SENATE

The following named persons as members of the Heritage Trust Commission, for terms beginning August 20, 1981 and ending May 24, 1984: Janice Biggers of Muscogee County; Ruth K. Council of Lowndes County; Duane Grice of Richmond County; Ann J. Singer of Stewart County; Joyce Stephens of Hall County.
The following named persons as members of the Heritage Trust Commission, for terms beginning May 24, 1982 and ending May 24, 1985: William L. Berry of Carroll County; Edward J. Cashin, Jr., of Rich mond County; Eunice L. Mixon of Tift County; Loraine P. Williams of Fulton County.
Honorable H. Lehman Franklin, Jr., of Bulloch County as a member of the Charles H. Herty Foundation, for the term of office beginning May 13, 1981 and ending February 19, 1986.
Honorable Preston M. Blackwelder, Jr., of Chatham County as a member of the Charles H. Herty Foundation, for the term of office begin ning June 30, 1981 and ending February 19, 1984.
Honorable John E. Ellington of Treutlen County as a member of the Charles H. Herty Foundation, for the term of office beginning February 26, 1982 and ending February 19, 1987.
Honorable Charles E. Bohler, M.D., of Bulloch County as a member of the Board of Human Resources, for the term of office beginning April 30, 1981 and ending April 6, 1985.
Honorable Benjamin S. Anderson, M.D., of Polk County as a member of the Board of Human Resources, for the term of office begin ning April 30, 1981 and ending April 6, 1986.
The following named persons as members of the Board of Human Resources, for terms beginning May 13, 1981 and ending April 6, 1986: Claybon J. Edwards of Peach County; Larry B. Mathison of Ware Coun ty-
The following named persons as members of the Board of Human Resources, for terms beginning April 6, 1982 and ending April 6, 1987: Lamar Akins of Lamar County; W. Pitts Carr of Fulton County; Wells Riley, M.D., of Clayton County.
The following named persons as members of the Medical Nominating Commission to the Board of Human Resources, for terms beginning September 30, 1981 and ending April 6, 1984: Sarah L. Dickey of Chatham County; Julia Morgan of Rockdale County.
The following named persons as members of the Board of Industry and Trade, for terms beginning April 30, 1981 and ending April 1, 1987: Sam Ayoub of Fulton County; F. H. "Pete" Boney of Chattooga County; Ellen B. Coody of DeKalb County; Maury A. Klumok of Muscogee Coun ty; William B. Kuhlke, Jr., of Richmond County; Buckner F. Melton of Bibb County; Harold F. Morgan of Washington County; Rever A. Morris of Bacon County; Herman J. Russell of Fulton County; Harold L. Smith of Hall County.

FRIDAY, MARCH 26, 1982

3767

Honorable John T. McTier of Lowndes County as a member of the Jekyll Island State Park Authority, for the term of office beginning August 10, 1981 and ending July 1, 1982.
Honorable Mary W. Walker of Walton County as a member of the Jekyll Island State Park Authority, for the term of office beginning Oc tober 27, 1981 and ending July 1, 1985.
The following named persons as members of the Georgia Justice Courts Training Council, for terms beginning August 20, 1981 and end ing August 7, 1983: Nick J. Lazaros of Houston County; Leonard Danley of Douglas County.
Honorable J. Davis Roberts of Clayton County as a member of the Georgia Justice Courts Training Council, for the term of office beginning January 15, 1982 and ending August 7, 1982.
Honorable Philip A. Wilheit of Hall County as a member of the Lake Lanier Islands Development Authority, for the term of office beginning October 22, 1981 and ending May 15, 1985.
Honorable Betty Benson of Forsyth County as a member of the Lake Lanier Islands Development Authority, for the term of office beginning May 15, 1982 and ending May 15, 1986.
Honorable William A. Spooner of Gwinnett County as a member of the Georgia State Board of Landscape Architects, for the term of office beginning April 1, 1981 and ending April 1, 1985.
The following named persons as members of the Council on Mater nal and Infant Health, for terms beginning September 30, 1981 and end ing July 18, 1984: Roberta M. Brown of Franklin County; Ola Mae Ford of Bibb County; Charles L. Foster, Jr., of Troup County; John T. Holloway, M.D., of Ware County; Jane F. Kimbel, R.N., of Clarke Coun ty; W. Newton Long, M.D., of Fulton County; Guerrant H. Perrow, M.D., of Pickens County; Carol G. Pryor, M.D., of Richmond County; Reuben Spengler Roberts, Jr., M.D., of Pulaski County; Elizabeth S. Tucker of Richmond County; Nance White of DeKalb County; Otis Williams, M.D., of Dodge County.
Honorable G. W. Hogan of Cobb County as a member of the Board of Medical Assistance, for the term of office beginning August 6, 1981 and ending June 30, 1985.
Honorable Robert C. McMahan of DeKalb County as a member of the Board of Medical Assistance, for the term of office beginning December 1, 1981 and ending June 30, 1983.
Honorable W. Roland Watkins of DeKalb County as a member of the Board of Medical Assistance, for the term of office beginning March 15, 1982 and ending June 30, 1985.
Honorable Ronald Tigner of Fulton County as a member of the Board of Medical Assistance, for the term of office beginning June 30, 1982 and ending June 30, 1986.

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The following named persons as members of the State Medical Education Board, for terms beginning November 10, 1981 and ending April 1, 1985: Calvin Jackson, M.D., of Meriwether County; Jacob L. Shirley, Jr., M.D., of Dougherty County; David A. Wells, M.D., of Whitfield County.
Honorable Ernest A. Dunbar, Jr., M.D., of Clayton County as a member of the Composite State Board of Medical Examiners, for the term of office beginning October 9, 1981 and ending September 1, 1983.
The following named persons as members of the Composite State Board of Medical Examiners, for terms beginning October 9, 1981 and ending September 1, 1985: George M. Chastain, M.D., of Dougherty County; S. Charlotte Neuberg, M.D., of Bibb County.
Honorable Ernest P. Boland of Clarke County as a member of the Board of Natural Resources, for the term of office beginning November 10, 1981 and ending January 1, 1983.
Honorable Felker W. Ward, Jr., of Fulton County as a member of the Board of Natural Resources, for the term of office beginning November 10, 1981 and ending January 1, 1985.
Honorable James E. Barnett of Fulton County as a member of the Board of Natural Resources, for the term of office beginning November 10, 1981 and ending March 16, 1988.
The following named persons as members of the Board of Natural Resources, for terms beginning January 15, 1982 and ending January 1, 1989: Clyde W. Jackson of Bartow County; J. Wimbric Walker of Telfair County.
The following named persons as members of the Georgia Board of Nursing, for terms beginning November 10, 1981 and ending September 23, 1984: Phillip L. Coppage, R.N., of Lowndes County; Genevieve Jones of Carroll County.
The following named persons as members of the Advisory Council to the Georgia Board of Nursing, for terms beginning December 31, 1981 and ending September 24, 1982: Lollie Cleveland of Fulton County; Kitty Pricks of Sumter County; Wallace P. Quimby of DeKalb County.
The following named persons as members of the Advisory Council to the Georgia Board of Nursing, for terms beginning December 31, 1981 and ending September 24, 1983: Gloria V. Barber of DeKalb County; Martha Cousins of Meriwether County.
The following named persons as members of the Advisory Council to the Georgia Board of Nursing, for terms beginning December 31, 1981 and ending September 24, 1984: Joyce S. Dove of DeKalb County; Dixie Kinard of Whitfield County; Pam Mclntyre of Toombs County.
Honorable Loraine Penn of Fulton County as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning October 22, 1981 and ending April 1, 1983.

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3769

Honorable Barbara Crews of Haralson County as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning October 22, 1981 and ending July 1, 1984.
The following named persons as members of the Georgia Board of Examiners of Licensed Practical Nurses, for terms beginning October 22, 1981 and ending April 1, 1985: Shirley Dyer of Cobb County; Claudia T. Welch of Chatham County.
Honorable Ruby G. Lane of Bibb County as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning April 1, 1982 and ending April 1, 1986.
The following named persons as members of the Georgia State Board of Nursing Home Administrators, for terms beginning June 18, 1981 and ending June 4, 1984: Harvey R. Bauguess of Fulton County; Ben Crawford of Gordon County; E. C. (Brick) Nelson of Baldwin County.
Honorable E. C. (Gene) Tillman of Glynn County as a member of the Board of Offender Rehabilitation, for the term of office beginning April 1, 1981 and ending January 25, 1985.
Honorable Norman Cavender of Evans County as a member of the Board of Offender Rehabilitation, for the term of office beginning February 26, 1982 and ending January 25, 1986.
Honorable Stephan E. Sanford of Cobb County as a member of the State Board of Dispensing Opticians, for the term of office beginning April 1, 1981 and ending March 16, 1985.
Honorable Samuel T. Crane of Hall County as a member of the State Board of Dispensing Opticians, for the term of office beginning March 16, 1982 and ending March 16, 1986.
Honorable Juanita Eber of Fulton County as a member of the State Board of Dispensing Opticians, for the term of office beginning May 1, 1982 and ending May 1, 1986.
Honorable William W. Cuthbertson, O.D., of Habersham County as a member of the Georgia State Board of Examiners in Optometry, for the term of office beginning September 30, 1981 and ending September 6, 1984.
Honorable James T. Morris of Clarke County as a member of the State Board of Pardons and Paroles, for the term of office beginning December 11, 1981 and ending December 11, 1988.
Honorable Michael H. Wing of Cobb County as a member of the State Board of Pardons and Paroles, for the term of office beginning February 1, 1982 and ending February 1, 1989.
The following named persons as members of the Georgia Peace Of ficer Standards and Training Council, for terms beginning May 13, 1981 and ending April 7, 1985: James E. Dearing of Fulton County; Vivian A. Underwood of DeKalb County.

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The following named persons as members of the Georgia Peace Of ficer Standards and Training Council, for terms beginning July 1, 1981 and ending July 1, 1985: Merrill A. Greathouse of Upson County; Eloise B. Jenkins of Burke County.
Honorable Patricia A. Blackmon of Fulton County as a member of the State Personnel Board, for the term of office beginning January 3, 1982 and ending January 3, 1984.
Honorable Isabel Gates Webster of Fulton County as a member of the State Personnel Board, for the term of office beginning December 17, 1981 and ending January 3, 1985.
Honorable E. William Bonn of Fulton County as a member of the State Personnel Board, for the term of office beginning December 17, 198-1 and ending January 3, 1986.
Honorable Leonard Morris of Tift County as a member of the State Personal Board, for the term of office beginning January 3, 1982 and end ing January 3, 1987.
Honorable Martin T. Grizzard of Upson County as a member of the Georgia State Board of Pharmacy, for the term of office beginning February 26, 1982 and ending November 1, 1986.
The following named persons as members of the Board of Physical Therapy, for terms beginning August 31, 1981 and ending August 30, 1984: Dan Doleman, Jr., of Muscogee County; Charles B. Hackney of DeKalb County.
Honorable N. Arvid Vasenden, D.P.M., of Clarke County as a member of the State Board of Podiatry Examiners, for the term of office beginning May 5, 1981 and ending May 5, 1984.
Honorable Bertha W. Thompson of Dougherty County as a member of the State Board of Podiatry Examiners, for the term of office beginning July 1, 1982 and ending July 1, 1985.
Honorable Glenn A. Dowling of Dougherty County as a member of the State Board of Podiatry Examiners, for the term of office beginning May 5, 1982 and ending May 5, 1985.
Honorable Joe H. McDuffie of Fulton County as a member of the Board of Polygraph Examiners, for the term of office beginning July 15, 1981 and endingjuly 15, 1987.
The following named persons as members of the Georgia Ports Authority, for terms beginning June 30, 1981 and ending June 30, 1985: Winston B. Brock of Decatur County; H. Baxter Harcourt of Muscogee County.
The following named persons as members of the Georgia Ports Authority, for terms beginning June 30, 1982 and ending June 30, 1986: P. E. Clifton, Sr., of Chatham County; Robert D. Miles of Glynn County; Jack P. Turner of Whitfield County.

FRIDAY, MARCH 26, 1982

3771

Honorable Gary N. Freeman of Cobb County as a member of the Private Colleges and Universities Facilities Authority, for the term of of fice beginning June 30, 1981 and ending January 1, 1986.
Honorable Bob See of Rockdale County as a member of the Private Colleges and Universities Facilities Authority, for the term of office beginning November 25, 1981 and ending January 1, 1986.
Honorable Julia L. Mitchell of DeKalb County as a member of the Private Colleges and Universities Facilities Authority, for the term of of fice beginning January 1, 1982 and ending January 1, 1988.
Honorable J. Philip Cleaveland of Troup County as a member of the Private Colleges and Universities Facilities Authority, for the term of of fice beginning January 15, 1982 and ending January 1, 1988.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies, for terms beginning July 1, 1981 and ending July 1, 1983: Eugene Housley of Cobb County; Gene A. Mat thews of DeKalb County.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies, for terms beginning July 1, 1981 and ending July 1, 1984: Henry Grady (Bud) Stamps of Fulton County; Lynn L. Stout of Dougherty County.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies, for terms beginning July 1, 1981 and ending July 1, 1985: John Crunkleton of Gwinnett County; Rhonda S. Graybeal of Columbia County; Willie Talton of Houston County.
Honorable John Goodlett of Fulton County as a member of the Pro fessional Standards Commission, for the term of office beginning November 24, 1981 and ending November 19, 1982.
The following named persons as members of the Professional Stan dards Commission, for terms beginning November 24, 1981 and ending November 19, 1984: Joyce Ann Brown of Cobb County; Anne Flowers, Ed.D., of Bulloch County; CarlE. Franklin of Floyd County; Barbara Hatton, Ph.D., of Fulton County; Glenn E. Heck of Houston County; Peggy Neal of Oconee County; Louise Radloff of Gwinnett County.
Honorable J. Frank Clark, Ph.D., of DeKalb County as a member of the State Board of Examiners of Psychologists, for the term of office beginning April 1, 1981 and ending January 7, 1986.
Honorable Boyd Sisson, Ph.D., of Richmond County as a member of the State Board of Examiners of Psychologists, for the term of office beginning April 1, 1981 and ending March 27, 1986.
Honorable Prentiss M. Hosford, Ph.D., of Fulton County as a member of the State Board of Examiners of Psychologists, for the term of office beginning March 27, 1982 and ending March 27, 1987.

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JOURNAL OF THE SENATE
Honorable Franklin Thornton of Walton County as a member of the Board of Public Safety, for the term of office beginning April 1, 1981 and ending January 20, 1984.
Honorable Tommy O. Morgan of Rockdale County as a member of the Board of Public Safety, for the term of office beginning June 18, 1981 and ending January 20, 1984.
Honorable J. Lane Johnston of Bulloch County as a member of the Board of Public Safety, for the term of office beginning February 26, 1982 and ending January 20, 1985.
The following named persons as members of the Board of Recreation Examiners, for terms beginning August 31, 1981 and ending July 1, 1983: Johnny Carroll Mills of Whitfield County; Ronald R. Nix of Bulloch County.
Honorable C. Dan Blackshear of Dougherty County as a member of the Georgia Real Estate Commission, for the term of office beginning January 29, 1982 and ending January 29, 1987.
The following named persons as members of the State Board of Ex aminers for Registered Professional Sanitarians, for terms beginning January 29, 1982 and ending November 22, 1984: Cecil Baldwin of Bibb County; William J. Moore of Jones County.
Honorable J. Frank Murrah of Stewart County as a member of the State Soil and Water Conservation Committee, for the term of office beginning May 13, 1981 and ending January 1, 1986.
Honorable Garland Thompson of Coffee County as a member of the State Soil and Water Conservation Committee, for the term of office beginning January 15, 1982 and ending January 1, 1987.
Honorable Vernon Crawford of Fulton County as a member of the Board of Control for Southern Regional Education, for the term of office beginning June 30, 1981 and ending June 30, 1985.
The following named persons as members of the Board of Examiners for Speech Pathology and Audiology, for terms beginning July 13, 1981 and ending June 24, 1984: Betty Callaway of Crawford County; Frank Rhodes of Bibb County.
Honorable John Hunt, III, of Tift County as a member of the Stone Mountain Memorial Association, for the term of office beginning June 11, 1981 and ending February 24, 1984.
Honorable Kirby Clements, Sr., D.D.S., M.SC.D., of Fulton County as a member of the Stone Mountain Memorial Association, for the term of office beginning October 22, 1981 and ending June 28, 1984.
Honorable Steve Johnson of DeKalb County as a member of the Stone Mountain Memorial Association, for the term of office beginning February 26, 1982 and ending February 24, 1985.

FRIDAY, MARCH 26, 1982

3773

The following named persons as members of the Georgia Student Finance Commission, for terms beginning May 13, 1981 and ending March 15, 1982: Waights G. Henry, Jr., Ph.D., of Troup County; John F. Leak of DeKalb County.
The following named persons as members of the Georgia Student Finance Commission, for terms beginning May 13, 1981 and ending March 15, 1985: Fann D. Greer of Randolph County; Anne P. Tamplin of Morgan County.
The following named persons as members of the Georgia Student Finance Commission, for terms beginning May 13, 1981 and ending March 15, 1986: Billy Dillworth of Franklin County; L. R. Turpin of Habersham County.
The following named persons as members of the Georgia Student Finance Commission, for terms beginning May 13, 1981 and ending March 15, 1987: Margaret H. Blitch of Clinch County; Pearlie C. Dove, Ph.D., of Fulton County.
Honorable John F. Leak of DeKalb County as a member of the Georgia Student Finance Commission, for the term of office beginning March 15, 1982 and ending March 15, 1988.
Honorable James G. Ledbetter of Fulton County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning July 15, 1981 and ending July 1, 1987.
Honorable Elridge W. McMillan of Fulton County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 1, 1982 and ending January 1, 1989.
Honorable William T. Divine, Jr., of Dougherty County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 15, 1982 and ending January 1, 1989.
Honorable Paul L. Sherwood of Fulton County as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning June 30, 1981 and ending May 20, 1984.
Honorable Lloyd E. Graybeal of Columbia County as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning June 30, 1981 and ending May 20, 1985.
The following named persons as members of the State Board of Registration of Used Car Dealers, for terms beginning June 18, 1981 and ending May 20, 1986: Ernest W. Cloud, Jr., of Grady County; Eric S. Dougherty of Muscogee County.
The following named persons as members of the State Board of Registration of Used Car Dealers, for terms beginning May 20, 1982 and ending May 20, 1987: Jack G. Charlesworth of DeKalb County; Burlene Morris of Floyd County.

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JOURNAL OF THE SENATE

The following named persons as members of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, for terms beginning October 9, 1981 and ending Oc tober 5, 1982: Ansel Bradley of Clayton County; George T. Brown of Muscogee County; JoAnn Robbins of Bibb County.
The following named persons as members of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, for terms beginning October 9, 1981 and ending Oc tober 5, 1983: G. B. Clark of Fulton County; Robert Douglas Reid of Walton County; William Sherman West of Worth County.
The following named persons as members of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, for terms beginning October 9, 1981 and ending Oc tober 5, 1984: Wyman L. Johnson of Baldwin County; Gaston Ray Kirk, Sr., of Cobb County; W. Ken Wright of Thomas County.
Honorable Paul Musick of Coweta County as a member of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, for the term of office beginning October 9, 1981 and ending October 5, 1985.
Honorable Annie R. Aaron of Bibb County as a member of the State Board of Veterans Service, for the term of office beginning April 30, 1981 and ending April 1, 1987.
Honorable B. L. Hawkins of Hall County as a member of the State Board of Veterans Service, for the term of office beginning May 13, 1981 and ending April 1, 1988.
Honorable Emmett W. Gore, Jr., of Bibb County as a member of the State Board of Veterans Service, for the term of office beginning April 1, 1982 and ending April 1, 1989.
Honorable Marvin R. Clayton, D.V.M., of Wilkes County as a member of the Board of Veterinary Medicine, for the term of office beginning October 8, 1981 and ending September 16, 1986.
Honorable Harold E. Kerkhoff of Gwinnett County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators, for the term of office beginning August 31, 1981 and ending August 17, 1985.
The following named persons as members of the State Board of Workers' Compensation, for terms beginning October 30, 1981 and end ing May 1, 1985: Herbert T. Greenholtz, Jr., of Gordon County; James W. Paris of Barrow County.
The following named persons as members of the Workers' Compen sation Medical Board, for terms beginning August 31, 1981 and ending March 30, 1982: Abraham B. Conger, M.D., of Muscogee County; Albert M. Davis, M.D., of Fulton County.

FRIDAY, MARCH 26, 1982

3775

The following named persons as members of the Workers' Compen sation Medical Board, for terms beginning August 31, 1981 and ending March 30, 1983: Juel Pate Borders, M.D., of Fulton County; Paul L. Bradley, M.D., of Whitfield County; Joe D. Christian, Jr., M.D., of Rich mond County.
The following named persons as members of the Workers' Compen sation Medical Board, for terms beginning March 30, 1982 and ending March 30, 1984: Abraham B. Conger, M.D., of Muscogee County; Albert M. Davis, M.D., of Fulton County.
Honorable Marshall Mitchell of Fulton County as a member of the State Board of Accountancy, for the term of office beginning July 13, 1981 and ending June 30, 1985.
Honorable Don Edwards of Clarke County as a member of the State Board of Accountancy, for the term of office beginning June 30, 1982 and ending June 30, 1986.
The following named persons as members of the George L. Smith, II Georgia World Congress Center Authority, for terms beginning July 1, 1981 and ending July 1, 1985: Emily-May Richards of DeKalb County; J. W. Robinson of Fulton County.
The following named persons as members of the Board of Offender Rehabilitation, for terms beginning March 9, 1982 and ending November 27, 1985: Selina Stanford of Fulton County; Edwin S. Varner, Jr., of Houston County.
Honorable Richard E. Millsaps of DeKalb County as Commissioner of the Department of Administrative Services, for the term of office beginning September 1, 1981 and serving at the Pleasure of the Gover-

Honorable Victor McEver Baird of Fulton County as Consumers' Utility Counsel, for the term of office beginning March 3, 1981 and serv ing at the Pleasure of the Governor.
Sincerely,

/s/ George Busbee

The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor George Busbee, in a com munication to the Senate dated March 15, 1982.
Senator Allgood of the 22nd asked unanimous consent that the reading of the appointments be dispensed with since they had been printed and distributed by the Secretary to each Senator, and that one roll call suffice on all appointments unless any Senator designated any appointee be deleted from the list and voted on in dividually. The consent was granted.

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The Committee on Higher Education submitted the following report which was read by the Secretary:

The State Senate Atlanta, Georgia 30334
March 17, 1982

The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Committee on Higher Education met and considered the Governor's appointees to the Board of Regents of the University System of Georgia and voted unanimously to recommend the confirmation of the following appointees:
Honorable William T. Divine, Jr., of Dougherty County for the term of office beginning January 15, 1982 and ending January 1, 1989.
Honorable Eldridge W. McMillan of Fulton County for a term of office beginning January 1, 1982 and ending January 1, 1989.
Sincerely,

/si W. W. Fincher, Jr. Chairman, Senate Higher Education Committee

The Committee on Education submitted the following report which was read by the Secretary:
The State Senate Atlanta, Georgia 30334
March 22, 1982
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Committee on Education met March 22, 1982, to consider the Governor's appointees to the State Board of Education and voted

FRIDAY, MARCH 26, 1982

3777

unanimously to recommend the confirmation of the following ap pointees:
Mr. Richard C. Owens, of Irwin County for the term of office beginning May 13, 1981 and ending January 1, 1988.
Mr. DentL. Temples, Jr., of Toombs County for the term of office beginning June 4, 1981 and ending January 1, 1988.
Sincerely yours,

1st John Foster, Chairman Senate Education Committee

The President stated that one roll call would be taken on all appointments listed in the hereinabove mentioned communication from His Excellency, Governor George Busbee.

The President ordered a roll call on all appointments, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood 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 Holloway Horton Howard 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:

Ballard Bell

Broun of 46th Hill

Littlefield Robinson

On the confirmation of the appointees, the yeas were 50, nays 0, and all the ap pointees were confirmed.

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JOURNAL OF THE SENATE

On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor George Busbee:

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334

Honorable George Busbee Governor State Capitol Atlanta, Georgia
Dear Governor Busbee:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on March 15, 1982, were acted upon by the Georgia State Senate in session on March 26, 1982, with the following results:
The following named persons as members of the Council on Aging, for terms beginning December 31, 1981 and ending December 15, 1983: Kay H. Hind of Dougherty County; Naomi E. Maddox of DeKalb County; Vita R. Ostrander of DeKalb County; Barbara P. Payne, Ph.D., of DeKalb County; Claude P. Smith of White County; William J. Todd of Fulton County; Clara W. West of McDuffie County. The vote on this confirma tion was yeas 50, nays 0, and the nominees were confirmed.
Honorable Walter T. Carry of Fulton County as a member of the State Board for Examination, Qualification and Registration of Ar chitects, for the term of office beginning April 1, 1981 and ending March 5, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Oscar L. Harris of Fulton County as a member of the State Board for Examination, Qualification and Registration of Architects, for the term of office beginning June 30, 1981 and ending March 5, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Stan Woodhurst, Jr., of Richmond County as a member of the State Board for Examination, Qualification and Registration of Ar chitects, for the term of office beginning March 5, 1982 and ending March 5, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Area Planning and Development Advisory Committee, for terms beginning November 10, 1981 and serving at the Pleasure of the Governor: Jack Brannon of Seminole County; James A. Stephens of Glynn County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.

FRIDAY, MARCH 26, 1982

3779

The following named persons as members of the Georgia Council for the Arts and Humanities, for terms beginning July 17, 1981 and ending July 11, 1984: James E. Barnett of Fulton County; Lamar Dodd of Clarke County; Neva Jane Fickling of Bibb County; Jacqueline S. Friedlander of Colquitt County; T. Marshall Jones of Dougherty County; Rosalie S. Mor ris of Chatham County; Barbara Nevins of Fulton County; Bernice B. Spigel of Whitfield County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Dorothy W. McClure of Muscogee County as Chairperson of the Georgia Council for the Arts and Humanities, for the term of office beginning July 29, 1981 and ending June 30, 1982. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Marilyn M. Moreira of Glynn County as a member of the Atlantic States Marine Fisheries Commission, for the term of office beginning April 1, 1981 and ending May 18, 1983. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable R. Curtis Brannen, Sr., of Screven County as a member of the Georgia Auctioneers Commission, for the term of office beginning August 20, 1981 and ending August 14, 1986. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Hugh M. Dorsey, Jr., of Fulton County as a member of the State Campaign and Financial Disclosure Commission, for the term of of fice beginning August 25, 1981 and ending May 1, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Deane Mink of Lowndes County as a member of the Georgia Board of Chiropractic Examiners, for the term of office begin ning August 20, 1981 and ending August 20, 1984. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Communi ty Affairs, for terms beginning July 1, 1981 and ending July 1, 1984: James Griffin, Jr., of Dougherty County; J. B. Jones, II, of Lumpkin County; C. Hobby Stripling, Sr., of Dooly County. The vote on this con firmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Board of Communi ty Affairs, for terms beginning June 30, 1982 and ending June 30, 1985: Larry J. Parrish of Emanuel County; Gerald H. Thompson of Ben Hill County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Michael J. McDevitt of Chatham County as a member of the Construction Industry Licensing Board, for the term of office begin ning September 30, 1981 and ending June 30, 1982. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Construction In dustry Licensing Board, for terms beginning June 30, 1982 and ending June 30, 1986: Walter L. Kibble of DeKalb County; J. C. Bray of

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JOURNAL OF THE SENATE

Muscogee County; Michael J. McDevitt of Chatham County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirm ed.
The following named persons as members of the Consumer Ad visory Board, for terms beginning December 11, 1981 and ending December 10, 1982: Helen Dixon Davenport of Clayton County; Woodruff Key of Emanuel County; Robert Remar of Fulton County; James Griggs Ward of Troup County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Consumer Advisory Board, for terms beginning December 11, 1981 and ending December 10, 1983: Frank Barron of Floyd County; Elizabeth Coleman-Stroup of Fulton County; Robbie Dokson of DeKalb County; Randy Humphrey of DeKalb County; Angel Irving of Bibb County; Joseph M. Lichtenberg of Cobb County; John C. Melton of Richmond County. The vote on this con firmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Consumer Advisory Board, for terms beginning December 11, 1981 and ending December 10, 1985: John Cromartie of Hall County; Joel Goldberg of Fulton County; Mattie L. Moon of Hall County; Frank C. Moore of Seminole County. The vote on this confirmation was yeas 50, nays 0 and the nominees were confirmed.
Honorable Edna K. West of DeKalb County as a member of the Georgia State Board of Cosmetology, for the term of office beginning May 1, 1981 and ending May 1, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia State Board of Cosmetology, for terms beginning May 1, 1982 and ending May 1, 1985: Clarissa Hulsey of Hall County; Mary C. Stinson of Spalding Coun ty. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Criminal Justice Coordinating Council, for terms beginning July 1, 1981 and ending July 1, 1983: Bettye Hutchings of Bibb County; Mel Fender of Cobb County; Helen D. Scholes of Cobb County; Sandra W. Galloway of Polk County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Criminal Justice Coordinating Council, for terms beginning July 1, 1981 and ending July 1, 1984: Richard M. Bond of Sumter County; Tracy Stallings of Carroll County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Criminal Justice Coordinating Council, for terms beginning July 1, 1981 and ending July 1, 1985: Jim Goolsby of Spalding County; Ronnie Rogers of Laurens County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.

FRIDAY, MARCH 26, 1982

3781

The Reverend Monsignor R. Donald Kiernan, P.A., as Special Ad visory Assistant to the Director of the Criminal Justice Coordinating Council, for the term of office beginning July 17, 1981 and serving as pro vided by law. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable William D. Kelley, Jr., of Fulton County as Director of the Criminal Justice Coordinating Council, for the term of office beginning August 7, 1981 and serving at the Pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Organized Crime Prevention Council, for terms beginning July 1, 1981 and serving at the Pleasure of the Governor: Gary C. Christy of Dooly County; Harold P. Craft, Jr., of Cobb County; Madison Greeley, Jr., of Bibb County; F. D. Hand, Jr., of DeKalb County; Paul L. Howard, Jr., of Fulton County; Earl D. Lee of Douglas County; E. Philip Peters, Sr., of Rockdale County; George W. Ward of Elbert County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Lester S. Smith, Jr., D.D.S., of Bartow County as a member of the Georgia Board of Dentistry, for the term of office begin ning October 9, 1981 and ending August 1, 1986. The vote on this confir mation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Frances Teel of Coweta County as a member of the Georgia Board of Dentistry, for the term of office beginning June 30, 1982 and ending June 30, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable H. C. Hearn, Jr., of Evans County as a member of the Georgia Development Authority, for the term of office beginning July 1, 1981 and ending July 1, 1989. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Pat G. Kjorlaug of DeKalb County as a member of the Education Commission of the States, for the term of office beginning December 28, 1981 and serving at the Pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.
Honorable Richard C. Owens of Irwin County as a member of the State Board of Education, for the term of office beginning May 13, 1981 and ending January 1, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Dent L. Temples, Jr., of Toombs County as a member of the State Board of Education, for the term of office beginning June 4, 1981 and ending January 1, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable M. M. "Muggsy" Smith of Fulton County as a member of the State Election Board, for the term of office beginning August 20, 1981 and ending May 8, 1982. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

3782

JOURNAL OF THE SENATE

Honorable M. M. "Muggsy" Smith of Fulton County as a member of the State Election Board, for the term of office beginning May 8, 1982 and ending May 8, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Jack T. Bean of DeKalb County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning June 18, 1981 and ending June 1, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.
The following named persons as members of the Executive Center Fine Arts Committee, for terms beginning August 26, 1981 and ending August 8, 1983: John Hardman, M.D., of Fulton County; Christine Lambert of Morgan County; Gudmund Vigtel of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were con firmed.
The following named persons as members of the Executive Center Fine Arts Committee, for terms beginning August 26, 1981 and ending August 8, 1985: Katharine Farnham of Fulton County; Henry Green of Glynn County; Florence Griffin of Fulton County. The vote on this con firmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Executive Center Fine Arts Committee, for terms beginning August 26, 1981 and ending August 8, 1986: William Banks, Jr., of Coweta County; Janice Biggers of Muscogee County; Holcombe Green, Jr., of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirm ed.
The following named persons as members of the Fair Employment Practices Advisory Board, for terms beginning April 1, 1981 and ending January 31, 1984: Robert L. Albritten of Terrell County; Ann Q. Curry of Fulton County; Patricia A. Blackmon of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Earl "Tige" Pickle of Early County as a member of the Fair Employment Practices Advisory Board, for the term of office begin ning June 30, 1981 and ending January 31, 1983. The vote on this confir mation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Earl H. Thurmond, Sr., of Richmond County as a member of the Fair Employment Practices Advisory Board, for the term of office beginning November 10, 1981 and ending January 31, 1982. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Fair Employment Practices Advisory Board, for terms beginning January 31, 1982 and end ing January 31, 1985: Marymal M. Dryden of Fulton County; Maxine S. Goldstein of Baldwin County; Earl H. Thurmond, Sr., of Richmond County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.

FRIDAY, MARCH 26, 1982

3783

Honorable Vaughn H. Hofeldt of Hall County as a member of the State Board of Registration for Foresters, for the term of office beginning May 13, 1981 and ending March 19, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable W. N. Haynes of Clarke County as a member of the State Board of Registration for Foresters, for the term of office beginning March 19, 1982 and ending March 19, 1987. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Patricia B. Robinson of Fulton County as a member of the State Forestry Commission, for the term of office beginning October 14, 1981 and ending January 1, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Eley C. Frazer, III, of Dougherty County as a member of the State Forestry Commission, for the term of office beginning January 29, 1982 and ending January 1, 1989. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Martha G. Shingler of Turner County as a member of the Georgia Forest Research Council, for the term of office beginning September 30, 1981 and ending August 25, 1982. The vote on this confir mation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Cecil M. Hodges, Jr., of Washington County as a member of the Georgia Forest Research Council, for the term of office beginning September 30, 1981 and ending August 25, 1988. The vote on this confir mation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Benjamin Hatcher of Thomas County as a member of the Georgia State Board of Funeral Service, for the term of office beginning April 1, 1981 and ending February 13, 1987. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable James M. Weeks of Chatham County as a member of the Georgia State Board of Funeral Service, for the term of office beginning July 15, 1981 and ending February 13, 1985. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Robert A. Ryan, Jr., of Bade County as a member of the Georgia State Board of Funeral Service, for the term of office beginning February 26, 1982 and ending February 13, 1988. The vote on this confir mation was yeas 50, nays 0, and the nominee was confirmed.
Honorable William M. Mallory of Washington County as a member of the State Board of Registration for Professional Geologists, for the term of office beginning April 1, 1981 and ending November 24, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Earl F. Titcomb, Jr., of Chatham County as a member of the State Board of Registration for Professional Geologists, for the term of office beginning January 29, 1982 and ending November 24, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.

3784

JOURNAL OF THE SENATE
Honorable Alfred M. Long of Cobb County as a member of the Board of Hearing Aid Dealers and Dispensers, for the term of office beginning August 31, 1981 and ending July 1, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Heritage Trust Commission, for terms beginning August 20, 1981 and ending May 24, 1984: Janice Diggers of Muscogee County; Ruth K. Council of Lowndes County; Duane Grice of Richmond County; Ann J. Singer of Stewart County; Joyce Stephens of Hall County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Heritage Trust Commission, for terms beginning May 24, 1982 and ending May 24, 1985: William L. Berry of Carroll County; Edward J. Cashin, Jr., of Rich mond County; Eunice L. Mixon of Tift County; Loraine P. Williams of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable H. Lehman Franklin, Jr., of Bulloch County as a member of the Charles H. Herty Foundation, for the term of office beginning May 13, 1981 and ending February 19, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Preston M. Blackwelder, Jr., of Chatham County as a member of the Charles H. Herty Foundation, for the term of office begin ning June 30, 1981 and ending February 19, 1984. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable John E. Ellington of Treutlen County as a member of the Charles H. Herty Foundation, for the term of office beginning February 26, 1982 and ending February 19, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Charles E. Bohler, M.D., of Bulloch County as a member of the Board of Human Resources, for the term of office beginning April 30, 1981 and ending April 6, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Benjamin S. Anderson, M.D., of Polk County as a member of the Board of Human Resources, for the term of office begin ning April 30, 1981 and ending April 6, 1986. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Human Resources, for terms beginning May 13, 1981 and ending April 6, 1986: Claybon J. Edwards of Peach County; Larry B. Mathison of Ware Coun ty. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Board of Human Resources, for terms beginning April 6, 1982 and ending April 6, 1987: Lamar Akins of Lamar County; W. Pitts Carr of Fulton County; Wells Riley, M.D., of Clayton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.

FRIDAY, MARCH 26, 1982

3785

The following named persons as members of the Medical Nominating Commission to the Board of Human Resources, for terms beginning September 30, 1981 and ending April 6, 1984: Sarah L. Dickey of Chatham County; Julia Morgan of Rockdale County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Board of Industry and Trade, for terms beginning April 30, 1981 and ending April 1, 1987: Sam Ayoub of Fulton County; F. H. "Pete" Boney of Chattooga County; Ellen B. Coody of DeKalb County; Maury A. Klumok of Muscogee Coun ty; William B. Kuhlke, Jr., of Richmond County; Buckner F. Melton of Bibb County; Harold F. Morgan of Washington County; Rever A. Morris of Bacon County; Herman J. Russell of Fulton County; Harold L. Smith of Hall County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable John T. McTier of Lowndes County as a member of the Jekyll Island State Park Authority, for the term of office beginning August 10, 1981 and ending July 1, 1982. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Mary W. Walker of Walton County as a member of the Jekyll Island State Park Authority, for the term of office beginning Oc tober 27, 1981 and ending July 1, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Justice Courts Training Council, for terms beginning August 20, 1981 and end ing August 7, 1983: Nick J. Lazaros of Houston County; Leonard Danley of Douglas County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable J. Davis Roberts of Clayton County as a member of the Georgia Justice Courts Training Council, for the term of office beginning January 15, 1982 and ending August 7, 1982. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Philip A. Wilheit of Hall County as a member of the Lake Lanier Islands Development Authority, for the term of office beginning October 22, 1981 and ending May 15, 1985. The vote on this confirma tion was yeas 50, nays 0, and the nominee ws confirmed.
Honorable Betty Benson of Forsyth County as a member of the Lake Lanier Islands Development Authority, for the term of office beginning May 15, 1982 and ending May 15, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable William A. Spooner of Gwinnett County as a member of the Georgia State Board of Landscape Architects, for the term of office beginning April 1, 1981 and ending April 1, 1985. The vote on this confir mation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Council on Mater nal and Infant Health, for terms beginning Septemer 30, 1981 and ending July 18, 1984: Roberta M. Brown of Franklin County; Ola Mae Ford of

3786

JOURNAL OF THE SENATE
Bibb County; Charles L. Foster, Jr., of Troup County; John T. Holloway, M.D., of Ware County; Jane F. Kimbel, R.N., of Clarke County; W. Newton Long, M.D., of Fulton County; Guerrant H. Perrow, M.D., of Pickens County; Carol G. Pryor, M.D., of Richmond County; Reuben Spengler Roberts, Jr., M.D., of Pulaski County; Elizabeth S. Tucker of Richmond County; Nance White of DeKalb County; Otis Williams, M.D., of Dodge County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable G. W. Hogan of Cobb County as a member of the Board of Medical Assistance, for the term of office beginning August 6, 1981 and ending June 30, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Robert C. McMahan of DeKalb County as a member of the Board of Medical Assistance, for the term of office beginning December 1, 1981 and ending June 30, 1983. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable W. Roland Watkins of DeKalb County as a member of the Board of Medical Assistance, for the term of office beginning March 15, 1982 and ending June 30, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Ronald Tigner of Fulton County as a member of the Board of Medical Assistance, for the term of office beginning June 30, 1982 and ending June 30, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the State Medical Education Board, for terms beginning November 10, 1981 and ending April 1, 1985: Calvin Jackson, M.D., of Meriwether County; Jacob L. Shirley, Jr., M.D., of Dougherty County; David A. Wells, M.D., of Whitfield County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Ernest A. Dunbar, Jr., M.D., of Clayton County as a member of the Composite State Board of Medical Examiners, for the term of office beginning October 9, 1981 and ending September 1, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Composite State Board of Medical Examiners, for terms beginning October 9, 1981 and ending September 1, 1985: George M. Chastain, M.D., of Dougherty County; S. Charlotte Neuberg, M.D., of Bibb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Ernest P. Boland of Clarke County as a member of the Board of Natural Resources, for the term of office beginning November 10, 1981 and ending January 1, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

FRIDAY, MARCH 26, 1982

3787

Honorable Felker W. Ward, Jr., of Fulton County as a member of the Board of Natural Resources, for the term of office beginning November 10, 1981 and ending January 1, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable James E. Barnett of Fulton County as a member of the Board of Natural Resources, for the term of office beginning November 10, 1981 and ending March 16, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Natural Resources, for terms beginning January 15, 1982 and ending January 1, 1989: Clyde W. Jackson of Bartow County; J. Wimbric Walker of Telfair County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Board of Nursing, for terms beginning November 10, 1981 and ending September 23, 1984: Phillip L. Coppage, R.N., of Lowndes County; Genevieve Jones of Carroll County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Advisory Council to the Georgia Board of Nursing, for terms beginning December 31, 1981 and ending September 24, 1982: Lollie Cleveland of Fulton County; Kitty Pricks of Sumter County; Wallace P. Quimby of DeKalb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Advisory Council to the Georgia Board of Nursing, for terms beginning December 31, 1981 and ending September 24, 1983: Gloria V. Barber of DeKalb County; Martha Cousins of Meriwether County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Advisory Council to the Georgia Board of Nursing, for terms beginning December 31, 1981 and ending September 24, 1984: Joyce S. Dove of DeKalb County; Dixie Kinard of Whitfield County; Pam Mclntyre of Toombs County. The vote on this confirmation was yeas 50, nays 0, and the nominees were con firmed.
Honorable Loraine Penn of Fulton County as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning October 22, 1981 and ending April 1, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Barbara Crews of Haralson County as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning October 22, 1981 and ending July 1, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

3788

JOURNAL OF THE SENATE
The following named persons as members of the Georgia Board of Examiners of Licensed Practical Nurses, for terms beginning October 22, 1981 and ending April 1, 1985: Shirley Dyer of Cobb County; Claudia T. Welch of Chatham County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Ruby G. Lane of Bibb County as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning April 1, 1982 and ending April 1, 1986. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia State Board of Nursing Home Administrators, for terms beginning June 18, 1981 and ending June 4, 1984: Harvey R. Bauguess of Fulton County; Ben Crawford of Gordon County; E. C. (Brick) Nelson of Baldwin County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable E. C. (Gene) Tillman of Glynn County as a member of the Board of Offender Rehabilitation, for the term of office beginning April 1, 1981 and ending January 25, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Norman Cavender of Evans County as a member of the Board of Offender Rehabilitation, for the term of office beginning February 26, 1982 and ending January 25, 1986. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Stephan E. Sanford of Cobb County as a member of the State Board of Dispensing Opticians, for the term of office beginning April 1, 1981 and ending March 16, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Samuel T. Crane of Hall County as a member of the State Board of Dispensing Opticians, for the term of office beginning March 16, 1982 and ending March 16, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Juanita Eber of Fulton County as a member of the State Board of Dispensing Opticians, for the term of office beginning May 1, 1982 and ending May 1, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable William W. Cuthbertson, O.D., of Habersham County as a member of the Georgia State Board of Examiners in Optometry, for the term of office beginning September 30, 1981 and ending September 6, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable James T. Morris of Clarke County as a member of the State Board of Pardons and Paroles, for the term of office beginning December 11, 1981 and ending December 11, 1988. The vote on this con firmation was yeas 50, nays 0, and nominee was confirmed.

FRIDAY, MARCH 26, 1982

3789

Honorable Michael H. Wing of Cobb County as a member of the State Board of Pardons and Paroles, for the term of office beginning February 1, 1982 and ending February 1, 1989. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Peace Of ficer Standards and Training Council, for terms beginning May 13, 1981 and ending April 7, 1985: James E. Bearing of Fulton County; Vivian A. Underwood of DeKalb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Peace Of ficer Standards and Training Council, for terms beginning July 1, 1981 and ending July 1, 1985: Merrill A. Greathouse of Upson County; Eloise B. Jenkins of Burke County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Patricia A. Blackmon of Fulton County as a member of the State Personnel Board, for the term of office beginning January 3, 1982 and ending January 3, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Isabel Gates Webster of Fulton County as a member of the State Personnel Board, for the term of office beginning December 17, 1981 and ending January 3, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable E. William Bohn of Fulton County as a member of the State Personnel Board, for the term of office beginning December 17, 1981 and ending January 3, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Leonard Morris of Tift County as a member of the State Personnel Board, for the term of office beginning January 3, 1982 and ending January 3, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Martin T. Grizzard of Upson County as a member of the Georgia State Board of Pharmacy, for the term of office beginning February 26, 1982 and ending November 1, 1986. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Physical Therapy, for terms beginning August 31, 1981 and ending August 30, 1984; Dan Doleman, Jr., of Muscogee County; Charles B. Hackney of DeKalb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable N. Arvid Vasenden, D.P.M., of Clarke County as a member of the State Board of Podiatry Examiners, for the term of office beginning May 5, 1981 and ending May 5, 1984. The vote on this confir mation was yeas 50, nays 0, and the nominee was confirmed.

3790

JOURNAL OF THE SENATE
Honorable Bertha W. Thompson of Dougherty County as a member of the State Board of Podiatry Examiners, for the term of office beginning July 1, 1982 and ending July 1, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Glenn A. Dowling of Dougherty County as a member of the State Board of Podiatry Examiners, for the term of office beginning May 5, 1982 and ending May 5, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Joe H. McDuffie of Fulton County as a member of the Board of Polygraph Examiners, for the term of office beginning July 15, 1981 and ending July 15, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Ports Authority, for terms beginning June 30, 1981 and ending June 30, 1985: Winston B. Brock of Decatur County; H. Baxter Harcourt of Muscogee County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Ports Authority, for terms beginning June 30, 1982 and ending June 30, 1986: P. E. Clifton, Sr., of Chatham County; Robert D. Miles of Glynn County; Jack P. Turner of Whitfield County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Gary N. Freeman of Cobb County as a member of the Private Colleges and Universities Facilities Authority, for the term of of fice beginning June 30, 1981 and ending January 1, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Bob See of Rockdale County as a member of the Private Colleges and Universities Facilities Authority, for the term of office beginning November 25, 1981 and ending January 1, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Julia L. Mitchell of DeKalb County as a member of the Private Colleges and Universities Facilities Authority, for the term of of fice beginning January 1, 1982 and ending January 1, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable J. Philip Cleaveland of Troup County as a member of the Private Colleges and Universities Facilities Authority, for the term of of fice beginning January 15, 1982 and ending January 1, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies, for terms beginning July 1, 1981 and ending July 1, 1983: Eugene Housley of Cobb County; Gene A. Mat thews of DeKalb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.

FRIDAY, MARCH 26, 1982

3791

The following named persons as members of the Georgia Board of Private Detective and Security Agencies, for terms beginning July 1, 1981 and ending July 1, 1984: Henry Grady (Bud) Stamps of Fulton County; Lynn L. Stout of Dougherty County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies, for terms beginning July 1, 1981 and ending July 1, 1985: John Crunkleton of Gwinnett County; Rhonda S. Graybeal of Columbia County; Willie Talton of Houston County. The vote of this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable John Goodlett of Fulton County as a member of the Pro fessional Standards Commission, for the term of office beginning November 24, 1981 and ending November 19, 1982. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Professional Stan dards Commission, for terms beginning November 24, 1981 and ending November 19, 1984: Joyce Ann Brown of Cobb County; Anne Flowers, Ed.D., of Bulloch County; Carl E. Franklin of Floyd County; Barbara Hatton, Ph.D., of Fulton County; Glenn E. Heck of Houston County; Peggy Neal of Oconee County; Louise Radloff of Gwinnett County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirm ed.
Honorable J. Frank Clarke, Ph.D., of DeKalb County as a member of the State Board of Examiners of Psychologists, for the term of office beginning April 1, 1981 and ending January 7, 1986. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Boyd Sisson, Ph.D., of Richmond County as a member of the State Board of Examiners of Psychologists, for the term of office beginning April 1, 1981 and ending March 27, 1986. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Prentiss M. Hosford, Ph.D., of Fulton County as a member of the State Board of Examiners of Psychologists, for the term of office beginning March 27, 1982 and ending March 27, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Franklin Thornton of Walton County as a member of the Board of Public Safety, for the term of office beginning April 1, 1981 and ending January 20, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Tommy O. Morgan of Rockdale County as a member of the Board of Public Safety, for the term of office beginning June 18, 1981 and ending January 20, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

3792

JOURNAL OF THE SENATE
Honorable J. Lane Johnston of Bulloch County as a member of the Board of Public Safety, for the term of office beginning February 26, 1982 and ending January 20, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Recreation Examiners, for terms beginning August 31, 1981 and ending July 1, 1983: Johnny Carroll Mills of Whitfield County; Ronald R. Nix of Bulloch County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable C. Dan Blackshear of Dougherty County as a member of the Georgia Real Estate Commission, for the term of office beginning January 29, 1982 and ending January 29, 1987. The vote on this confir mation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Ex aminers for Registered Professional Sanitarians, for terms beginning January 29, 1982 and ending November 22, 1984: Cecil Baldwin of Bibb County; William J. Moore of Jones County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable J. Frank Murrah of Stewart County as a member of the State Soil and Water Conservation Committee, for the term of office beginning May 13, 1981 and ending January 1, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Garland Thompson of Coffee County as a member of the State Soil and Water Conservation Committee, for the term of office beginning January 15, 1982 and ending January 1, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Vernon Crawford of Fulton County as a member of the Board of Control for Southern Regional Education, for the term of office beginning June 30, 1981 and ending June 30, 1985. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Examiners for Speech Pathology and Audiology, for terms beginning July 13, 1981 and ending June 24, 1984: Betty Callaway of Crawford County; Frank Rhodes of Bibb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable John Hunt, III, of Tift County as a member of the Stone Mountain Memorial Association, for the term of office beginning June 11, 1981 and ending February 24, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Kirby Clements, Sr., D.D.S., M.SC.D., of Fulton County as a member of the Stone Mountain Memorial Association, for the term of office beginning October 22, 1981 and ending June 28, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirm ed.

FRIDAY, MARCH 26, 1982

3793

Honorable Steve Johnson of DeKalb County as a member of the Stone Mountain Memorial Association, for the term of office beginning February 26, 1982 and ending February 24, 1985. The vote on this confir mation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Student Finance Commission, for terms beginning May 13, 1981 and ending March 15, 1982: Waights G. Henry, Jr., Ph.D., of Troup County; John F. Leak of DeKalb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Student Finance Commission, for terms beginning May 13, 1981 and ending March 15, 1985: Fann D. Greer of Randolph County; Anne P. Tamplin of Morgan County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Student Finance Commission, for terms beginning May 13, 1981 and ending March 15, 1986: Billy Dillworth of Franklin County; L.R. Turpin of Habersham County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Student Finance Commission, for terms beginning May 13, 1981 and ending March 15, 1987: Margaret H. Blitch of Clinch County; Pearlie C. Dove, Ph.D., of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable John F. Leak of DeKalb County as a member of the Georgia Student Finance Commission, for the term of office beginning March 15, 1982 and ending March 15, 1988. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable James G. Ledbetter of Fulton County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning July 15, 1981 and ending July 1, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Elridge W. McMillan of Fulton County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 1, 1982 and ending January 1, 1989. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable William T. Divine, Jr., of Dougherty County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 15, 1982 and ending January 1, 1989. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.
Honorable Paul L. Sherwood of Fulton County as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning June 30, 1981 and ending May 20, 1984. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.

3794

JOURNAL OF THE SENATE

Honorable Lloyd E. Graybeal of Columbia County as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning June 30, 1981 and ending May 20, 1985. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Registration of Used Car Dealers, for terms beginning June 18, 1981 and ending May 20, 1986: Ernest W. Cloud, Jr., of Grady County; Eric S. Dougherty of Muscogee County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the State Board of Registration of Used Car Dealers, for terms beginning May 20, 1982 and ending May 20, 1987: Jack G. Charlesworth of DeKalb County; Burlene Morris of Floyd County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, for terms beginning October 9, 1981 and ending Oc tober 5, 1982: Ansel Bradley of Clayton County; George T. Brown of Muscogee County; JoAnn Robbins of Bibb County. The vote on this con firmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, for terms beginning October 9, 1981 and ending Oc tober 5, 1983: G.B. Clark of Fulton County; Robert Douglas Reid of Walton County; William Sherman West of Worth County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirm ed.
The following named persons as members of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, for terms beginning October 9, 1981 and ending Oc tober 5, 1984: Wyman L. Johnson of Baldwin County; Gaston Ray Kirk, Sr., of Cobb County; W. Ken Wright of Thomas County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Paul Musick of Coweta County as a member of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, for the term of office beginning October 9, 1981 and ending October 5, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Annie R. Aaron of Bibb County as a member of the State Board of Veterans Service, for the term of office beginning April 30, 1981 and ending April 1, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable B. L. Hawkins of Hall County as a member of the State Board of Veterans Service, for the term of office beginning May 13, 1981 and ending April 1, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

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3795

Honorable Emmett W. Gore, Jr., of Bibb County as a member of the State Board of Veterans Service, for the term of office beginning April 1, 1982 and ending April 1, 1989. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Marvin R. Clayton, D.V.M., of Wilkes County as a member of the Board of Veterinary Medicine, for the term of office beginning October 8, 1981 and ending September 16, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Harold E. Kerkhoff of Gwinnett County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators, for the term of office beginning August 31, 1981 and ending August 17, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Workers' Compensation, for terms beginning October 30, 1981 and end ing May 1, 1985: Herbert T. Greenholtz, Jr., of Gordon County; James W. Paris of Barrow County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Workers' Compen sation Medical Board, for terms beginning August 31, 1981 and ending March 30, 1982: Abraham B. Conger, M.D., of Muscogee County; Albert M. Davis, M.D., of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Workers' Compen sation Medical Board, for terms beginning August 31, 1981 and ending March 30, 1983: Juel Pate Borders, M.D., of Fulton County; Paul L. Bradley, M.D., of Whitfield County; Joe D. Christian, Jr., M.D., of Rich mond County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Workers' Compen sation Medical Board, for terms beginning March 30, 1982 and ending March 30, 1984: Abraham B. Conger, M.D., of Muscogee County; Albert M. Davis, M.D., of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Marshall Mitchell of Fulton County as a member of the State Board of Accountancy, for the term of office beginning July 13, 1981 and ending June 30, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Don Edwards of Clarke County as a member of the State Board of Accountancy, for the term of office beginning June 30, 1982 and ending June 30, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the George L. Smith, II Georgia World Congress Center Authority, for terms beginning July 1, 1981 and ending July 1, 1985: Emily-May Richards of DeKalb County; J. W. Robinson of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.

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JOURNAL OF THE SENATE

The following named persons as members of the Board of Of fender Rehabilitation, for terms beginning March 9, 1982 and ending November 27, 1985: Selina Stanford of Fulton County; Ed win S. Varner, Jr., of Houston County. The vote on this confirma tion was yeas 50, nays 0, and the nominees were confirmed.
Honorable Richard E. Millsaps of DeKalb County as Commis sioner of the Department of Administrative Services, for the term of office beginning September 1, 1981 and serving at the Pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Victor McEver Baird of Fulton County as Con sumers' Utility Counsel, for the term of office beginning March 3, 1981 and serving at the Pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirm ed.
Sincerely yours,

Is/ Hamilton McWhorter, Jr. Secretary of the Senate

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 511 was as follows:
A BILL
To be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, 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 vic tim of a crime which constitutes a felony without the written consent of a parent or the legal guardian of such person; to provide a penalty; to pro hibit the sale, distribution, or display of certain material to minors; to provide legislative intent; to provide definitions; to make it unlawful to

FRIDAY, MARCH 26, 1982

3797

sell, distribute, or display certain material to minors; to prohibit certain conduct relative to the foregoing; to make it unlawful for certain persons falsely to represent their age; to provide for penalties; to provide excep tions; 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 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding between Code Section 16-11-68 and Code Section 16-11-69 a new Code Section 16-11-68.1 to read as follows:
"16-11-68.1. (a) It shall be unlawful for any news media or any other person knowingly to print and publish, broadcast, televise, or disseminate through any other medium of public dissemination or cause to be printed and published, broadcast, televised, or disseminated in any newspaper, magazine, periodical, or other publication published in this state or through any radio or television broadcast originating in the state the name or identity of any person under the age of 17 years who has been or may have been the victim of a crime which constitutes a felony without the written consent of a parent or the legal guardian of such person.
(b) Any person violating the provisions of this Code section shall be guilty of a misdemeanor."
Section 2. Said title is further amended by striking Code Section 16-11-69 in its entirety and inserting in lieu thereof a new Code Section 16-11-69 to read as follows:
"16-11-69. With the exception of Code Section 16-11-68.1, any person violating any of the provisions of this part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprison ment for not less than one nor more than five years or a fine not to ex ceed $10,000.00, or both."
Section 3. Said title is further amended by striking Part 3 of Article 3 of Chapter 12 of said title in its entirety and inserting in lieu thereof a new Part 3 to read as follows:
"Parts
16-12-101. During the past several years the sale or display of harmful materials to minors has become a matter of increasingly grave concern to the people of this state. The elimination of such sales and display and the consequent protection of minors from harmful materials are in the best interest of the morals and general welfare of the citizens of this state in general and of minors in this state in par ticular. The accomplishment of these ends can best be achieved by providing public prosecutors with an effective power to commence criminal proceedings against persons who engage in the sale or display of harmful materials to minors.

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JOURNAL OF THE SENATE

16-12-102. As used in this part, the term:
(1) 'Harmful to minors' means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
(A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;
(B) Is patently offensive to prevailing standards in the adult com munity as a whole with respect to what is suitable material for minors; and
(C| Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.
(2) 'Knowingly' means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further in spection or inquiry of both:
(A) The character and content of any material described in this ar ticle which is reasonably susceptible to examination by the defendant; and
(B) The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability in this article if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
(3) 'Minor' means a person less than 18 years of age.
(4) 'Sadomasochistic abuse' means actual or simulated flagellation or torture by or upon a person who is nude, clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained by one so clothed.
(5| 'Sexual conduct' means actual or simulated acts of masturba tion, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks or, if such be female, breasts.
(6) 'Sexual excitement' means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(7) 'Sexually explicit nudity' means a state of undress so as to ex pose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the snowing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state.

FRIDAY, MARCH 26, 1982

3799

16-12-103. (a) It shall be unlawful for any person knowingly to sell or loan for monetary consideration to a minor:
jl| Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual con duct, or sadomasochistic abuse and which is harmful to minors; or
(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, or explicit and detail ed verbal descriptions or narrative accounts of sexual excitement, sex ual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
(b) It shall be unlawful for any person knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presenta tion which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion pic ture by minors not admitted to any such premises.
jc) It shall be unlawful for any minor falsely to represent to any person mentioned in subsection (a) or subsection (b) of this Code sec tion or to his agent that such minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) or with the in tent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b).
(d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (a) or subsec tion (b) of this Code section or to his agent that he is the parent or guardian of any minor or that any minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) of this Code section or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section.
(e| It shall be unlawful for any person knowingly to exhibit, ex pose, or display in public at newsstands or any other business or com mercial establishment or at any other public place frequented by minors or where minors are or may be invited as part of the general public:
(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual con duct, or sadomasochistic abuse and which is harmful to minors; or
(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, or explicit and detail-

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JOURNAL OF THE SENATE
ed verbal descriptions or narrative accounts of sexual excitement, sex ual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
16-12-104. (a) Any person violating subsection (a), (b), or (e) of Code Section 16-12-103 shall be guilty of a misdemeanor of a high and aggravated nature.
(b) Any person violating subsection (c) or (d) of Code Section 16-12-103 shall be guilty of a misdemeanor.
16-12-105. Nothing contained in this part shall be construed to ap ply to:
(1) The purchase, distribution, exhibition, or loan of any work of art, book, magazine, or other printed or manuscript material by any accredited museum, library, school, or institution of higher learning; or
(2) The exhibition or performance of any play, drama, tableau, or motion picture by any accredited museum, library, school, or institu tion of higher learning.''
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 Garner of the 30th moved that the Senate agree to the House substitute to SB 511.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes 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 Greene Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

McGill McKenzie Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

FRIDAY, MARCH 26, 1982

3801

Those voting in the negative were Senators:

Bond Brantley

Evans

Those not voting were Senators:

Ballard Bell

Hill Littlefield

Tate
Reynolds Robinson

On the motion, the yeas were 46, nays 4; the motion prevailed, and the Senate agreed to the House substitute to SB 511.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 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, ap proved March 19, 1943 (Ga. L. 1943, p. 640), so as to change the provi sions 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 accordingly.
SB 457. By Senator Stephens of the 36th: A bill to define the status and prescribe the duties and powers of certain employees of county adult probation departments in certain counties.
The following resolution of the House was read and put upon its adoption:
HR 953. By Representative Murphy of the 18th: A resolution relative to adjournment by the General Assembly sine die at 9:00 o'clock P.M. on March 26, 1982.

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JOURNAL OF THE SENATE

Senator Allgood of the 22nd offered the following amendment:

Amend HR 953 by striking on Page 1, line 3, the following:
"9:00"
and inserting in lieu thereof the following: "9:30".

On the adoption of the amendment, the yeas were 35, nays 1, and the amend ment was adopted.
On the adoption of the resolution, the yeas were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 678 was as follows:
A BILL
To be entitled an Act to amend Code Section 23-1705, relating to re quirements of payment 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 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.

FRIDAY, MARCH 26, 1982

3803

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Code Section 23-1705, relating to requirements of pay ment and performance bonds for public contracts, is amended by strik ing paragraph (3) in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Provided, however, that this section shall not apply when the total contract price does not exceed $20,000.00; but the state, any department or agency thereof, a county, municipal corporation, or any public board or body thereof may in its discretion require perfor mance and payment bonds for any public works contract."
Part 2
Section 2. Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, is amended by striking Code Section 13-10-1 in its entirety and inserting in lieu thereof a new Code section 13-10-1 to read as follows:
"13-10-1. (a) No contract with this state, a county, municipal cor poration, or any other public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give:
(1) A performance bond with good and sufficient surety or sureties payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the work is to be done. The performance bond shall be in the amount of at least the total amount payable by the terms of the con tract. This bond shall not be required when a bond is required under Code Section 36-10-4;
(2) A payment bond with good and sufficient surety or sureties, payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract. The payment bond shall be in the amount of at least the total amount payable by the terms of the contract.
(b) This Code section shall not apply where the total contract price does not exceed $20,000.00; provided, however, that the state, any department or agency thereof, a county, municipal corporation, or any public board or body thereof may in its discretion require perfor mance and payment bonds for any public works contract.''
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.

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JOURNAL OF THE SENATE

jc) 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 Greene of the 26th moved that the Senate agree to the House substitute to SB 678.

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

Engram Evans Fincher of 52nd Foster Gillis Greene Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell English

Fincher of 54th Garner

Hill Starr

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 678.

FRIDAY, MARCH 26, 1982

3805

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 596. By Senator Greene of the 26th:
A bill to amend Code Section 45-502, relating to night hunting, so as to re quire that certain security interest holders be notified of and be permit ted 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 Annotated accordingly.

The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

SR 346. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A resolution creating the Environmental Facilities Study Commission.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

The following bills of the Senate were taken up for the purpose of considering the House substitute thereto:

SB 457. By Senator Stephens of the 36th:
A bill to define the status and prescribe the duties and powers of certain employees of county adult probation departments in certain counties.

The House substitute to SB 457 was as follows:

A BILL
To be entitled an Act to express approval of the county probation system of each 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 becoming a part of the state-wide probation system; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

3806

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) This Act shall apply to each 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.
jb) Senate Bill 531 enacted into law at the 1982 regular session of the General Assembly of Georgia provides that certain county probation systems shall become a part of the state-wide probation system at the beginning of the 1984-85 fiscal year and provides for certain financial support by the state for such county probation systems for fiscal years 1982-83 and 1983-84. Said Senate Bill 531 also requires that a local Act or general law of local application must be enacted expressing approval of the county probation system becoming a part of the state-wide probation system as a condition of the effectiveness of said Senate Bill 531. This Act is for the specific purpose of expressing that approval, and it is hereby specifically declared that any county affected by this Act approves its county probation system becoming a part of the state-wide probation system in accordance with the terms of Senate Bill 531 enacted into law at the 1982 regular session of the General Assembly.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Coverdell of the 40th moved that the Senate agree to the House substitute to SB 457.

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 Coleman Coverdell Deal Dean Eldridge Engram

Evans Fincher of 52nd Foster Garner Gillis Greene Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

FRIDAY, MARCH 26, 1982

3807

Those not voting were Senators:

Barker Bell Bowen

English Fincher of 54th Hill

Holloway (presiding) Hudgins Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 457.

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 House substitute to SB 683 was as follows:

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.
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:
(1) 'Agency' means:
(A) Every state department, agency, board, bureau, commission, and authority;
(B) The governing authority of every county, municipal corpora tion, school district, or other political subdivision of the state;
(C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; and

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(D) Every city, county, regional, or other authority established pursuant to the laws of this state.
(2) 'Meeting' means the gathering of a quorum of an agency, pur suant to schedule, call, or notice of or from the agency at a designated time or place, at which proposed official action is to be discussed or at which official action is to be taken.
(b) Any provision of this or any other law to the contrary notwithstanding, the term 'records' or 'public records' means those documents and writings which are prepared and kept as written memorials of a final action taken by any agency.
(c) All meetings of any agency at which proposed official action 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 arrived 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.
(d) The public at all times shall be afforded access to meetings declared open to the public pursuant to subsection (c) of this Code sec tion. Visual, sound, and visual and sound recording during open meetings shall be permitted.
je) 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 thereof. A notice shall be sufficient if posted for a period of 24 hours at the place of regular meetings. When special circumstances occur and are so declared by an agency, that 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.
jf) The minutes of a meeting of any agency shall be promptly recorded and such records shall be open to public inspection. The superior courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this chapter, upon application by any citizen of this state.

FRIDAY, MARCH 26, 1982

3809

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 this chapter, any portion of the meeting not subject to any such exception, privilege, or confidentiali ty shall be open to the public, and minutes of such portions not sub ject to any such exceptions shall be taken, recorded, and open to public inspection as provided in subsection (f) 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 not held in accordance with this chapter. Any person violating 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;
(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;
(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; and
(7) Adoptions and proceedings related thereto."
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.

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JOURNAL OF THE SENATE

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 683.

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 Broun of 46th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Garner Gillis Greene 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:

Bell Brantley Brown of 47th

Fincher of 54th
Hill Holloway (presiding)

Hudgins Summers

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 683.
The following resolution of the Senate was read and adopted:
SR 425. By Senators Trulock of the 10th, Timmons of the llth, Hill of the 29th and others: A resolution commending Senator Franklin Sutton.

FRIDAY, MARCH 26, 1982

3811

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 78. By Senator Barnes of the 33rd:
A bill to amend an Act known as the "Act Creating the Superior Court Judges Retirement System," approved March 24, 1976 (Ga. L. 1976, p. 586), so as to change the provisions relative to definitions; to provide for the inclusion of certain prior public service as creditable service under certain conditions; to change the provisions relative to senior judges.

Senator Sutton of the 9th moved that the following bill of the House, having been read the third time and tabled previously today, be taken from the Table:

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.

On the motion, the yeas were 20, nays 25; the motion was lost, and HB 1316 was not taken from the Table.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

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JOURNAL OF THE SENATE

The House substitute to SB 555 was as follows:

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 provide creditable service for certain prior service as a member of a certain local retirement fund; to provide conditions relative thereto; 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 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. An Act establishing the Teachers' Retirement System, ap proved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is amended by adding at the end of Section 4 a new subsection (7) to read as follows:
"(7) (a) As used in this subsection the terms 'independent school system' and 'local retirement fund' shall have the same meaning as defined by subparagraphs (ii) and (iii) of paragraph (a) of subsection (8) of Section 9 of this Act.
(b) Any active member who was employed by an independent school system for at least 17 years prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retire ment fund of such independent school system shall receive creditable service under this Act equivalent to the creditable service the member had under said local retirement fund subject to the following condi tions:
(i) The member shall pay to the Board of Trustees the amount of contributions which would have been paid by the teacher to the Teachers' Retirement System if the member had been a member of the Teachers' Retirement System for the period of creditable service the member had under the local retirement fund plus applicable ac crued regular interest, as determined by the Board of Trustees, which would have accumulated on such contributions. Such payment must be made to the Board of Trustees, in a manner prescribed by the Board, by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this subsection shall not be granted to the member until the payment required by this subparagraph has been made to the Board of Trustees;
(ii) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their successors in interest shall pay to the Board of Trustees the amount of employer contributions for such creditable service, which would have been paid to the Teachers'

FRIDAY, MARCH 26, 1982

3813

Retirement System had the teacher been a member of the Teachers' Retirement System at the time the service was rendered, plus ap plicable accrued regular interest thereon, as determined by the Board of Trustees;
(iii) No creditable service under this subsection may be obtained for creditable service under a local retirement fund unless the member has withdrawn the member's contributions from the local retirement fund and forfeited any right to receive a retirement benefit under the local retirement fund;
(iv) No creditable service under this subsection may be obtained if such creditable service would not be allowable under other provisions of this Act; and
(v) Paragraphs (i), (j), and (k) of subsection (8) of Section 9 of this Act shall apply to payments required by this subsection."
Section 2. Said Act is further 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 December 31, 1983, or by the date of retirement for any teacher who retires prior to December 31, 1983, whichever is earlier."
Part 2
Section 3. 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-

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JOURNAL OF THE SENATE
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 of trustees by not later than December 31, 1983, or by the date of retirement for any teacher who retires prior to December 31, 1983, whichever is earlier.''
Section 4. Chapter 3 of Title 47 of the Official Code of Georgia An notated, relating to the Teachers Retirement System of Georgia, is amended by adding at the end of Article 5 a new Code Section 47-3-90 to read as follows:
"47-3-90. (a) As used in this Code section the terms 'independent school system' and 'local retirement fund' shall have the same mean ing as defined by paragraphs (1) and (2) of subsection (a) of Code Sec tion 47-3-66.
(b) Any active member who was employed by an independent school system for at least 17 years prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retire ment fund of such independent school system shall receive creditable service under this chapter equivalent to the creditable service the member had under said local retirement fund subject to the following conditions:
(1) The member shall pay to the board of trustees the amount of contributions which would have been paid by the teacher to the Teachers Retirement System if the member had been a member of the Teachers Retirement System for the period of creditable service the member had under the local retirement fund plus applicable accrued regular interest, as determined by the board of trustees, which would have accumulated on such contributions. Such payment must be made to the board of trustees, in a manner prescribed by the board, by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this Code section shall not be granted to the member until the payment re quired by this paragraph has been made to the board of trustees;
(2) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their successors in interest shall pay to the board of trustees the amount of employer contributions for such creditable service, which would have been paid to the Teachers Retirement System had the teacher been a member of the Teachers Retirement System at the time the service was rendered, plus ap plicable accrued regular interest thereon, as determined by the board of trustees;

FRIDAY, MARCH 26, 1982

3815

(3) No creditable service under this Code section may be obtained for creditable service under a local retirement fund unless the member has withdrawn the member's contributions from the local retirement fund and forfeited any right to receive a retirement benefit under the local retirement fund;
(4) No creditable service under this Code section may be obtained if such creditable service would not be allowable under other provi sions of this chapter; and
(5) Subsections (i), (j), and (k) of Code Section 47-3-66 shall apply to payments required by 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.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Tate of the 38th moved that the Senate disagree to the House substitute to SB 555.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 555.

The President resumed the Chair.

Senator Scott of the 43rd moved that the following bill of the House, having been read the third time and tabled previously today, be taken from the Table:

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.

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JOURNAL OF THE SENATE

On the motion, Senator Engrain of the 34th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bond Bowen Brannon Brantley Coleman Coverdell

Deal Dean Eldridge Engram Evans Foster Garner Greene

Howard Robinson Scott Stumbaugh Sutton Thompson Trulock Wessels

Those voting in the negative were Senators:

Allgood Brown of 47th Bryant English Fincher of 52nd Gillis Holloway Horton

Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

Reynolds Starr Stephens Summers Tate Timmons Turner Walker

Those not voting were Senators:

Barker Bell Broun of 46th

Cobb Fincher of 54th Hill

Land Tysinger

On the motion, the yeas were 24, nays 24; the motion was lost, and HB 1316 was not taken from the Table.

The following bill and resolution of the Senate were taken up for the purpose of considering the House substitutes thereto:

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.

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3817

The House substitute to SB 596 was as follows:

A BILL
To be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to eliminate poisonous snakes from the provision prohibiting the destruc tion or disturbance of the habitats of wildlife; to change the provisions relating to confiscation and seizure of property used in night hunting; to delineate a new salt-water and fresh-water demarcation line for fishing licenses, commercial fishing, and sport fishing; to provide an exception to the salt-water and fresh-water demarcation line for purposes of crab bing on the Altamaha River; 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 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," is amended by striking Code Section 27-1-30 in its entirety and substituting in lieu thereof a new Code Section 27-1-30 to read as follows:
"27-1-30. Except as otherwise provided by law or regulation, it shall be unlawful to disturb, mutilate, or destroy the dens, holes, or homes of any wildlife; to blind wildlife with lights; or to use ex plosives, chemicals, electrical or mechanical devices, or smokers of any kind in order to drive such wildlife out of such habitats; provided that this Code section shall not apply to poisonous snakes."
Section 2. Said title is further amended by striking subsection (c| of Code Section 27-3-48 in its entirety and substituting in lieu thereof 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 vehi cle, 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 prop erty 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 record ed security interest in or lien upon the property. If the owner, lessee, or person or persons having custody or possession of the 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 so as to avoid service, notice of such proceedings 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

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JOURNAL OF THE SENATE

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 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 commis sioner, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property.''
Section 3. Said title is further amended by striking subsection (f) of Code Section 27-3-48 in its entirety and substituting in lieu thereof 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."
Section 4. Said title is further amended by striking Code Section 27-4-1 in its entirety and substituting in lieu thereof a new Code Section 27-4-1 to read as follows:
"27-4-1. (a) The line established in this state as the separation point between salt waters and fresh waters for fishing licenses, com mercial fishing, and sport fishing is as follows:
(1) The point at which U.S. Highway 17 crosses the following bodies of water and their tributaries shall be the line of demarcation for them: St. Mary's River, Satilla River, South Altamaha River,

FRIDAY, MARCH 26, 1982

3819

Champney River, Butler River, Darien River, and Little Ogeechee System, except Salt Creek, North Newport River, Medway River, Big Ogeechee River, and Savannah River. All water seaward of these points shall be considered salt water; and
(2) The following streams and their tributaries are designated as salt water for their entire length: Crooked River, Little Satilla River, South Brunswick River, Turtle River, Sapelo River, South Newport River, Salt Creek (Little Ogeechee System), and all other rivers, streams, and tributaries in the six coastal counties which are not enumerated in this subsection.
(b) This Code section shall not apply to fresh-water ponds on the seaward side of the demarcation line."
Section 5. Said title is further amended by striking subsection (a) of Code Section 27-4-151 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) For purposes of crabbing, that portion of the St. Mary's River and the Satilla River System (including the Satilla River and White Oak Creek) which is seaward of the points at which the Seaboard Coastline Railroad crosses such streams and that portion of the Altamaha River System which is seaward of the points at which U.S. Highway 1-95 crosses the streams of that system shall be considered salt water. It shall be unlawful to place any crab trap in the waters of this state other than that described as salt water in Code Section 27-4-1 or by this subsection."
Section 6. 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 Greene of the 26th moved that the Senate agree to the House substitute to SB 596.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bowen Brannon 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

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JOURNAL OF THE SENATE

Reynolds Robinson Scott Starr Stephens

Stumbaugh Summers Sutton Thompson Timmons

Those not voting were Senators:

Barker Bell Bond

Brantley Broun of 46th Fincher of 54th

Trulock Turner Tysinger Walker Wessels
Hill Tate

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 596.
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.
The House substitute to SR 346 was as follows:
A RESOLUTION
Creating the Environmental Facilities Study Commission; and for other purposes.
WHEREAS, the historic policy of federal and state financial aid to local governments in the development of environmental facilities is undergoing drastic change due to reduced federal effort, thereby placing a severe financial burden on local governments in continuing this development; and
WHEREAS, the development of environmental facilities to purify and deliver water for consumption, collect and treat waste water for discharge, clean air for emissions, dispose of the wastes society pro duces, recover resources from the waste or create energy from it, among others, has in recent decades been a major public undertaking in Georgia enjoying the support of all Georgians; and
WHEREAS, the continued development of these facilities is essential to the protection and preservation of Georgia's unique environmental resources, the protection of the health and welfare of Georgia's citizens, and for Georgia's continued economic growth and prosperity; and
WHEREAS, the State of Georgia is not able to make up the loss of direct cash grants from the federal government to local governments which, in many cases, still must meet federal environmental quality stan dards; and

FRIDAY, MARCH 26, 1982

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WHEREAS, there are various means by which states are providing financial assistance to local governments for environmental facility development in lieu of direct cash grants.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created an Environmental Facilities Study Commission to be composed of nine members, including a representative of the Governor, the Director of the Environmental Pro tection Division of the Department of Natural Resources, a represen tative of the Georgia Municipal Association, a representative of the Association County Commissioners of Georgia, two members of the House of Representatives to be appointed by the Speaker, two members of the Senate to be appointed by the Lieutenant Governor, and a representative of the University System of Georgia appointed by the Governor. Staff support for the committee shall be provided by the Of fice of Planning and Budget and such technical assistance shall be secured as the commission deems necessary. The Environmental Facilities Study Commission shall examine the current and future needs of local governments to develop and improve their environmental facilities; shall explore ways in which the state may identify sources of assistance for local governments, including the use of federal and state grants, general obligation and revenue anticipation debt, loans and loan guarantees, private financing, and other means of assistance; shall in vestigate the nature and extent of local participation that should be in volved; and shall examine the applicability of utilizing existing state agencies, departments, or authorities in meeting the program needs as are identified. The Environmental Facilities Study Commission shall prepare a report with recommendations to the Governor and General Assembly to be presented along with any necessary legislation in January, 1983, during the General Assembly session.
The legislative members of the commission shall be entitled to receive the compensation and allowances authorized for legislative members of interim study committees. The other members of the com mission who are members of state government shall be reimbursed for their actual expenses incurred in connection with the commission by the respective agency which employs the member. Compensation, allowances, and expenses for the members of the commission shall be limited to five meeting days for the purpose of carrying out the provi sions of this resolution.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SR346.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Bond Bowen

Brannon Brantley Brown of 47th Bryant

Cobb Coleman Coverdell Deal

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JOURNAL OF THE SENATE

Dean Eldridge English Engram Fincher of 52nd Foster Garner Gillis Greene Holloway Horton

Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Scott

Those not voting were Senators:

Barker Barnes Bell Broun of 46th

Evans Fincher of 54th Hill Reynolds

Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels
Robinson Tate Trulock

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 346.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 4. By Senators Hudgins of the 15th and Littlefield of the 6th: A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their election, compensation, terms of office and appointment; to provide for seminars; to provide for qualifications of Referees.
The House has agreed to the Senate amendment to the following resolution of the House:
HR 953. By Representative Murphy of the 18th: A resolution relative to adjournment.

FRIDAY, MARCH 26, 1982

3823

The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

SB 4. By Senators Hudgins of the 15th and Littlefield of the 6th:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their election, compensation, terms of office and appointment; to provide for seminars; to provide for qualifications of Referees.

The House substitute to SB 4 was as follows:

A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to the creation of juvenile courts; to change the provisions relating to the termination of juvenile courts; to provide for the compensation of juvenile judges; to prohibit certain juvenile judges from practicing law; to provide for administrative pro cedures; to provide for pension rights of certain judges; to provide for qualifications for referees; to provide that the court may suspend the driver's license of a child who commits a delinquent act or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for a certain period of time; to provide for procedures in connection 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 11 of Title 15 of the Official Code of Georgia An notated, relating to juvenile proceedings, is amended by striking in its en tirety Code Section 15-11-3, which reads as follows:
"15-11-3. (a) Except as provided in paragraph (2) of subsection (b) of this Code section, in counties having populations of 50,000 or more according to the United States decennial census of 1970 or any future such census, juvenile courts are created and established with original jurisdiction in all cases coming within the terms of this chapter.
(b) (1) In any county having a population of less than 50,000 ac cording to the United States decennial census of 1970 or any future such census, upon recommendation of two successive grand juries, a juvenile court shall be created and the judge of the superior court shall appoint a judge thereof, in accordance with this chapter. It shall thereupon be considered that a juvenile court has been established in the county. The powers, authority, jurisdiction, and procedure of court shall be the same as those of juvenile courts established under this chapter.

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(2) In all counties having populations of less than 50,000 according to the United States decennial census of 1970 or any future such cen sus, wherein a juvenile court has not been established, and in Rich mond County and such other counties of more than 50,000 population as may be provided by local Act, a judge of the superior court shall sit as the juvenile court judge and hear all cases coming within this chapter. Such hearing shall be conducted in accordance with the pro visions set forth in this chapter. In any such court the clerk of the superior court shall exercise the functions of clerk of the juvenile court, subject to the direction of the judge.
(3) Whenever any juvenile court has been established by ap propriate action of two successive grand juries in any county having a population of less than 50,000 pursuant to this chapter, the existence of the juvenile court shall be terminated if two successive grand juries of the county thereafter adopt a resolution providing for the termina tion and the resolution is concurred in by the judge of the superior court of the county. Thereafter, the judge of the superior court of the county shall sit as the juvenile court judge of such county pursuant to this chapter. Action taken under this paragraph by the grand jury and the superior court judge shall not prevent the reestablishment thereafter of a juvenile court in the county by action taken by two suc cessive grand juries as provided for in paragraph (1) of this subsection.
(c) Except as provided in this chapter, the judge or a majority of the judges of the superior court circuit presiding over the county wherein a juvenile court is established by this chapter shall appoint the judge or judges of the juvenile court for a term of six years and shall fix his or their compensation except in those counties wherein the salary of the judge is fixed by legislative Act. The salary of the juvenile court judge shall be paid out of county funds. The governing authority of the county in which the court is located, at any meeting, may provide for the reimbursement to the judge of the juvenile court for expenses incurred while on court business outside the jurisdiction of the court.
(d) No person shall be judge of the juvenile court unless, at the time of his appointment, he has attained the age of 30 years, has been a citizen of the state for three years, and has practiced law for three years, unless otherwise provided by a local act. A juvenile court judge shall be eligible for reappointment.
(e) In the event that more than one juvenile court judge is ap pointed, one shall be designated presiding judge.
(f) It shall be unlawful for the judge of any juvenile court to engage directly or indirectly in the practice of law in his own name or in the name of another as a partner or in any manner in any case, pro ceeding, or matter of any kind in his own court or in any other court in any case, proceeding, or any other matters of which his own court has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or in directly in his own court, except such advice or counsel as he is called upon to give while performing his duties as juvenile court judge.

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(g) In any case in which action under this Code section is to be taken by the judge of the superior court of a county, such action shall be taken by a majority vote of the judges of the superior court of the judicial circuit encompassing the county where there are more than two superior court judges. Where there are two superior court judges of a county or judicial circuit encompassing a county, any action under this Code section shall be taken by the chief judge of the superior court circuit.",
and inserting in lieu thereof a new Code Section 15-11-3 to read as follows:
"15-11-3. (a) There is created a juvenile court in every county in the state.
(b) The judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile courts of the circuit, unless otherwise provided by a local act. Each judge appointed will have the authority to act as judge of each juvenile court in the circuit. If no person is appointed a juvenile judge for the circuit, then the superior court judge or judges of the circuit shall assume the duties of the juvenile judge in all coun ties in the circuit in which a separate juvenile court judgeship had not been established as part of the duties of the superior court judge. All juvenile court judgeships, their methods of compensation, selection, and operation, established on or before July 1, 1983, shall continue until such time as a circuit-wide juvenile court judge is appointed or until terminated by two successive recommendations of the grand juries of the county with the concurrence of the judge or judges of the superior court of the circuit. However, in any circuit where a superior court judge assumes the duties of the juvenile judge, such circuit shall not be entitled to the state funds provided for in subsection (d) of this Code section.
(c) When a circuit-wide juvenile court judge is appointed, any juvenile judge in office at that time shall be authorized to fulfill his term of office. The jurisdiction of each judge shall be circuit-wide.
(d) (1) Each juvenile judge appointed under this chapter shall serve for a term of years equal to that of the superior court judges of the circuit. Except as otherwise provided by law, the compensation of the juvenile judge shall be set by the judge or judges of the superior court with the approval of the governing authority or governing authorities of the county or counties for which he is appointed. The state, out of funds appropriated to the judicial branch of government, shall contribute toward the salary of the judges on a per circuit basis in the following amounts:
(A) Circuits with a population of 400,000 or more ac cording to the United States decennial census of 1980 or any future such census ............... $35,000.00
(B) Circuits with a population of 150,000 or more but less than 400,000 according to the United States decennial census of 1980 or any future such census................................... 25,000.00

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(C) Circuits with a population of 100,000 or more but less than 150,000 according to the United States decennial census of 1980 or any future such census................................... 15,000.00
(D) Circuits with a population of 70,000 or more but less than 100,000 according to the United States decennial census of 1980 or any future such census................................... 10,000.00
(E) Circuits with a population of less than 70,000 ac cording to the United States decennial census of 1980 or any future such census ............... 5,000.00
No state funds shall be available for the above contributions toward the salary of the judges on a per circuit basis until the General Assembly has appropriated funds for that specific purpose.
(2) The remaining amount of the salary of the juvenile judge pro vided for herein shall be paid by the counties comprising the judicial circuit in the ratio which the population of the county bears to the total population of the counties comprising said circuit as shown by the latest official decennial census.
(3) Each juvenile judge appointed in a circuit with a population of 160,000 or more according to the United States decennial cen sus of 1980 or any future such census shall be prohibited from practic ing law, with the exception of carrying out his duties as judge or in defending against any action brought against him.
(e) No person shall be judge of the juvenile court unless, at the time of his appointment, he has attained the age of 30 years, has been a citizen of the state for three years, and has practiced law for three years. A juvenile court judge shall be eligible for reappointment.
(f) In the event that more than one juvenile court judge is ap pointed, one shall be designated presiding judge.
(g) It shall be unlawful for the judge of any juvenile court to engage directly or indirectly in the practice of law in his own name or in the name of another as a partner or in any manner in any case, pro ceeding, or matter of any kind in his own court or in any other court in any case, proceeding, or any other matters of which his own court has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or in directly in his own court, except such advice or counsel as he is called upon to give while performing his duties as juvenile court judge.
(h) In any case in which action under this Code section is to be taken by the judge of the superior court of a county, such action shall be taken by a majority vote of the judges of the superior court of the judicial circuit encompassing the county where there are more than two superior court judges. Where there are two superior court judges

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of a county or judicial circuit encompassing a county, any action under this Code section shall be taken by the chief judge of the superior court circuit.
(i) Each juvenile court created under this chapter shall be assigned and attached to the superior court of the county for administrative purposes. All expenditures of the court are declared to be an expense of the court and payable out of the county treasury with the approval of governing authority or governing authorities of the county or coun ties for which he is appointed.
(j) Any judge appointed pursuant to this chapter who, within 90 days prior to such appointment, was a judge of the juvenile court of a county with a pension plan created by local legislation, and was a con tributing member thereof shall have the option of continuing as a member with county contributions and benefits as other members by notifying the offices of said pension plan the office of the Trial Judges and Solicitors Retirement Fund of the state of such election in writing within 30 days after his appointment. Thereupon the judge shall con tinue as a member of the local pension plan without interruption of credited service; and the judge shall have deducted thereafter from the total salary paid by the state and county for the judge's services in percentage amounts as is provided for members' contributions, which amounts shall be paid into the pension plan created by local legisla tion. Nothing in this Code section shall be construed as prohibiting a judge from becoming a member of the Trial Judges and Solicitors Retirement Fund of the state as a juvenile court judge at such time as he withdraws further contributions to the pension plan created by local legislation and so notifies the office of the Trial Judges and Solicitors Retirement Fund of the state in writing."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-11-10 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The judge may appoint one or more persons to serve as referee in juvenile matters on a full or part-time basis. The referee shall serve at the pleasure of the judge, and his salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which he is appointed. The salary of each referee shall be paid from county funds. A referee shall be a member of the State Bar of Georgia or shall be a graduate of a law school; provided, however, that any person serving as a referee on Ju ly 1, 1983, shall be qualified for appointment thereafter to serve as a referee."
Section 3. Said chapter is further amended by striking Code Section 15-11-35 in its entirety and inserting in lieu thereof a new Code Section 15-11-35 to read as follows:
"15-11-35. (a) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act and is subsequently determined to be in need of treatment or rehabilitation, the court may

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make any of the following orders of disposition best suited to his treat ment, rehabilitation, and welfare:
(1) Any order authorized by Code Section 15-11-34 for the disposi tion of a deprived child;
(2) An order placing the child on probation under conditions and limitations the court prescribes, under the supervision of:
(A) The probation officer of the court or the court of another state as provided in Code Section 15-11-46;
(B) Any public agency authorized by law to receive and provide care for the child; or
(C) The chief executive officer of any community rehabilitation center acknowledging in writing his willingness to accept the respon sibility for the supervision of the child;
(3) An order placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or oth er local public authority; or
(4) An order committing the child to the Department of Human Resources.
(b) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes If! years of age. The court shall retain the driver's license for the period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Public Safety of any such actions taken pursuant to this subsection."
Section 4. This Act shall become effective July 1, 1983.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Hudgins cf the 15th moved that the Senate agree to the House substitute to SB 4.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond

Bowen Brannon Brantley

Brown of 47th Bryant Coleman

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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 Reynolds Robinson

Scott Starr Stephens Stumbaugh Summers Sutton Thompson Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard

McKenzie

Timmons

Those not voting were Senators:

Allgood

Cobb

Hill

Bell

Fincher of 54th

Tate

Broun of 46th

On the motion, the yeas were 46, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 4.
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 House substitute to SB 78 was as follows:
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 provide for creditable service for prior service as an administrative law judge for the State Board of Workers' Compensa tion; to change the provisions relative to employer contributions; 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 that members may elect to become eligible for certain postretirement benefit adjustments; to authorize, but not require, coun ties to supplement benefits; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 subparagraph (B) of paragraph (2) of Code Section 47-9-3 in its entirety and substituting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Creditable service obtained pursuant to subsections (c| through (f) of Code Section 47-9-40; and".
Section 2. Said chapter is further amended by adding at the end of Code Section 47-9-40 a new subsection jf) to read as follows:
"(f) Any member who served as an administrative law judge for the State Board of Workers' Compensation for a period beginning on July 1, 1974, and ending on June 5, 1979, and who became a superior court judge on June 6, 1979, shall be entitled to receive creditable ser vice under this Act for the service specified above as an ad ministrative law judge for the State Board of Workers' Compensation upon the payment to the board of the employee contributions, plus in terest thereon at the rate of 6 percent per annum, which would have been paid had the member been a superior court judge and a member of this retirement system during the period of time served as an ad ministrative law judge of the State Board of Workers' Compensation. A member wishing to claim creditable service under this subsection shall apply therefor to the board, and the board shall certify to the member the amount of employee contributions plus interest required to be paid by the member to obtain such creditable service."
Section 3. Said chapter is further 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% 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."

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Section 4. 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:
"(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 may become senior judges as follows:
(1) Any judge of the superior courts who retires pursuant to this chapter may become 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 may become a senior judge, but no such senior judge shall be eligible to receive retirement benefits under this chapter until such senior judge attains early retirement 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 may become a senior judge, 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.

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(b) No senior judge of the superior courts shall be eligible for elec tion or appointment to any other office of this state and may not prac tice law. Any judge of the superior courts who ceases to hold office and who would be eligible for appointment as senior judge under any provision of this Code section may decline such appointment and practice law or accept appointment or election to other office. No such former judge who declines such appointment shall be eligible to receive any benefits under this chapter until such former judge ac cepts appointment as senior judge and attains early retirement age, if not eligible for retirement at the time of accepting appointment as senior judge. Any such former judge who has declined appointment as senior judge may at any time accept appointment as senior judge, but at the time of accepting such appointment, the former judge must cease practicing law and resign from any other office, if holding another office at the time of accepting such appointment. Any former superior court judge who is eligible therefor may become a senior judge at any time by making application to the Governor for appoint ment as a senior judge."
Section 5. 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 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 suchjudge."
Section 6. 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

FRIDAY, MARCH 26, 1982

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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.
jc) 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 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."

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Section 7. 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 jb) 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).
(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 8. 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-

FRIDAY, MARCH 26, 1982

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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 9. 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 2Vi 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 exercis ing 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'/2 percent of the state salary paid to such judge at the time the member or superior court judge first obtain ed spouses benefit coverage. A member or a superior court judge who has previously elected spouses benefit coverage may exercise the op tion provided for by this subsection by sending written notice to the board of trustees and the payment of the additional employee con tributions required by this subsection. Any member or superior court judge hereafter electing spouses benefit coverage who wishes to exer cise the option provided for by this subsection shall 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'/2 percent as specified by subsection |a| of this Code sec tion."
Section 10. 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) A member of the retirement system in office on November 1, 1982, may elect to pay an additional 1 percent employee contribution computed on the same basis as provided in subsection (a| of Code Section 47-9-42 and become eligible for postretirement costof-living benefit adjustments as provided in this Code section. Any such member must make the election on or before January 1, 1983. Any member failing to make the election by that date shall not at any time thereafter be subject to the provisions of this Code section. Any person becoming a member of the retirement system after November 1, 1982, shall have 60 days from the date of becoming a member to elect to pay the additional 1 percent employee contribution and come under the provisions of this Code section. Any such member failing to

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make the election within such time limitation shall not at any time thereafter be subject to the provisions of this Code section. The elec tion to come under the provisions of this Code section may not be rescinded. The elections provided for in this subsection shall be made in writing to the board.
(b) The board shall grant annual cost-of-living benefit adjustments to beneficiaries subject to this Code section. Such cost-of-living benefit adjustments, subject to the limitations hereinafter provided, shall be in an amount necessary to maintain essentially the same pur chasing power of a beneficiary during the postretirement years, based on the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average. If actuarial studies and evaluations ac complished by the board reveal that the additional employee con tribution provided for by this Code section is insufficient to fund fully cost-of-living benefit adjustments provided for above, then the board, for any annual cost-of-living adjustment, may reduce pro rata the ad justment otherwise required.
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, but not required, 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 pursuant to this chapter to any beneficiary of any such former superior court judge. The county supplement to any such benefit may not exceed 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 11. This Act shall become effective on November 1, 1982.
Section 12. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate disagree to the House substitute to SB 78.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Foster Garner Gillis Holloway Horton Howard Land Littlefield

McGill Robinson Stumbaugh Sutton Thompson Trulock Tysinger Walker

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Those voting in the negative were Senators:

Allgood Ballard Barker Bond Bowen Brannon Brown of 47th Bryant

Fincher of 52nd Greene Hudgins Hudson Kennedy Kidd Lester McKenzie

Reynolds Scott Stephens Summers Tate Timmons Turner Wessels

Those not voting were Senators:

Bell Brantley

Broun of 46th Fincher of 54th

Hill Starr

On the motion, the yeas were 26, nays 24; the motion prevailed, and the Senate disagreed to the House substitute to SB 78.
The following resolution of the Senate was read and put upon its adoption:

SR 427. By Senators Allgood of the 22nd, Holloway of the 12th and Eldridge of the 7th: A resolution relative to adjournment by the General Assembly sine die at 10:00 o'clock P.M. instead of 9:30 o'clock P.M. on March 26, 1982, as provided for in HR 953, adopted previously.
On the adoption of the resolution, the yeas were 38, nays 11.
The resolution, having received the requisite constitutional majority, was adopted.

His Excellency, Governor George Busbee, addressed the Senate as follows:
I've been doing a little reflecting on what I might say on this last night of my 32nd--and hopefully last--session of the General Assembly.
I say "hopefully" not because I don't enjoy associating with legislators but because I hope--just as I'm sure you hope--that we don't have to have a special session later this year for Congressional Reapportionment or because of a severe downturn in the economy.
A so-called lame duck governor usually doesn't have much to thank a General Assembly for during his last session or two, but you've made my last session different.

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We've taken giant strides at this session, through the budget and a jail overcrowding package, to see that we have the facilities to accom modate convicted felons and that the upkeep of state prisoners becomes the responsibility of the state and not local ad valorem taxpayers.
We had to cut $62 million out of my original spending recommenda tions for FY 1983 and, despite that late-breaking development, you managed to pass the budget with a week to go before adjournment sine die.
This session has been characterized by responsiveness to the needs and desires of your constituents and, at the same time, the fiscal respon sibility to do the rational and reasonable thing when the money simply wasn't there for substantial salary increases and new programs.
Between the recessions, we've been able to do a lot for our constit uents from kindergartens to early completion of our interstate highways, and we've expanded the economy of this state with enough new jobs that we're among the last of the states to feel the pinch.
But I'm not here to talk about accomplishments. We've got most of a difficult year remaining and, as I told you at the beginning of this session, I'm going to be too busy to have the luxury of taking it easy in my last year.
I want to use this occasion to tell you that never has a governor received the support, backing and cooperation that I've enjoyed from this General Assembly. Before the day of legislative independence, the governor had successes in the legislature because he hand-picked the speaker and all the committee chairmen. Before legislative in dependence, the governor had to be right the first time because his pro grams were rubber-stamped. He got plenty of nods of assent but no real, meaningful input.
I've had a much better situation.
With this legislature I've enjoyed a true partnership for progress. I've gotten useful, meaningful input and advice from you who are equal and independent partners, and the people of Georgia have been the beneficiaries.
When I ran for Governor back in 1974,1 promised there would be no name-calling between the executive and legislative branches, and that's a promise I've kept. The fact is that it was an easy promise to keep because, while there have been disagreements, we have all acted as mature adults .... men and women of logic and reason.
We have communicated as public officeholders with one shared ultimate purpose--improved services to the people of Georgia--and we have not let egos or personalities get in the way.
During my two terms as governor, I have watched this General Assembly grow in professionalism and decorum and develop into a smoothly functioning, equal branch of state government. In Lieutenant

FRIDAY, MARCH 26, 1982

3839

Governor Miller and Speaker Murphy you have benefited from business like, no-nonsense leadership .... a situation you should be proud of and a situation I am thankful for.
This is not a farewell address, because we'll continue to work with each other during the interim on problems and opportunities. For the rest of the year, we'll be keeping a close watch together on a shaky economy. We'll be consulting together on the needs of your home districts and try to satisfy those needs.
So I'll simply close with a heartfelt salute to all of you who, at various times and on various issues, have sometimes been judge, jury and chief executioner and at other times have been as supportive as blood brothers and sisters. Whatever successes the history books might attribute to this administration will be because of your backing on the tough issues when the chips were down.

The following resolutions of the Senate and House were read and adopted:

SR 417. By Senators Greene of the 26th and Bowen of the 13th: A resolution commending Dr. Henry Gordon Davis, Jr.

SR 419. By Senator Dean of the 31st: A resolution commending Mr. William Taylor "Bill" Thornton.

SR 420. By Senators Dean of the 31st and Garner of the 30th:
A resolution expressing sympathy at the passing of the Honorable John Wynn, Mayor of the City of Douglasville.

SR 423. By Senators Bell of the 5th, Howard of the 42nd and Hudgins of the 15th: A resolution relative to the case of Leo Frank.

SR 426. By Senator Howard of the 42nd: A resolution commending the Decatur High School Basketball Team.

HR 942. By Representative Burruss of the 21st and others: A resolution commending Dr. Sid E. Williams.

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The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:

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.

The Conference Committee Report on HB 1337 was as follows:

The Conference Committee on HB 1337 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1337 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Terrell A. Starr Senator, 44th District

I si E. Roy Lambert Representative, 112th District

I si Joseph E. Kennedy Senator, 4th District

Is/ Benson Ham Representative, 80th District

I si Hugh M. Gillis, Sr. Senator, 20th District

1st George W. Darden Representative, 19th District

Conference Committee 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

FRIDAY, MARCH 26, 1982

3841

facilities except under certain specifed conditions; to change the provi sions relative to the delivery of custody of inmates to the Department of Offender 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.
jb) Except as otherwise provided in subsection (c), 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 respon sibility 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) In the event that the attorney for the convicted person shall file a written request with the court setting forth that the presence of the convicted person is required within the county of the conviction, or incarceration, in order to properly prepare and prosecute the appeal of the conviction, the convicted person shall not be transferred to the correctional institution as provided in subsection (b). In such event the convicted person shall remain in the custody of the local jail or lockup until all appeals of the conviction shall be disposed of or until the attorney of record for the convicted person shall file with the trial court an affidavit setting forth that the presence of the convicted per son is no longer required within the county in which the conviction occurred, or in which the convicted person is incarcerated, whichever event shall first occur.

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(d) The department shall not be required to assume the custody of those inmates who have been convicted and sentenced prior to January 1, 1983, and because their conviction is under appeal have not been transferred to the custody of the department, until July 1, 1983. 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 pro vided by subsection (a) on or after January 1, 1983.
(e) 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 jc) 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 the 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 documentation 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, in cluding for the purpose of a new trial.''
Section 3. Said chapter is further amended by deleting in their entire ty 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 superintendents of all county and state correctional institutions to ar range for the temporary transfer to state or county correctional in stitutions 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.

FRIDAY, MARCH 26, 1982

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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 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.

Senator Starr of the 44th moved that the Senate adopt the Conference Commit tee Report on HB 1337.

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 Broun of 46th

Brown of 47th Bryant Cobb Coleman

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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 Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bell Brantley

Fincher of 54th Hill

Tate Wessels

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1337.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House recedes from its previous substitute which contained the Scott amendment and has passed the bill by the original House Committee substitute to the following bill of the Senate:
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," approved March 24, 1976, (Ga. L. 1976, p. 586), so as to change the provisions relative to definitions; to provide for the inclusion of certain prior public service as creditable service under certain conditions; to change the provisions relative to senior judges.

The following resolution of the Senate was read and put upon its adoption:
SR 428. By Senators Allgood of the 22nd and Holloway of the 12th:
A resolution amending SR 427 relative to adjournment of the General Assembly sine die from 10:00 o'clock P.M. until 10:15 o'clock P.M. on Friday, March 26, 1982.

On the adoption of the resolution, the yeas were 32, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, MARCH 26, 1982

3845

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 78 was as follows:

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 that members may elect to become eligible for certain postretirement benefit adjustments; to authorize, but not re quire, counties to supplement benefits; to provide for other matters relative to the foregoing; 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. 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 autho rized by this chapter, which, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits and the spouses benefits under this chapter."

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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:
"(a) The office of senior judge of the superior courts is created, and the judges of the superior courts or former judges of the superior courts may become senior judges as follows:
(1) Any judge of the superior courts who retires pursuant to this chapter may become 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 chaper at the time of ceasing to hold office as a superior court judge may become a senior judge, but no such senior judge shall be eligible to receive retirement benefits under this chapter until such senior judge attains early retirement 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 may become a senior judge, 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.

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(b) No senior judge of the superior courts shall be eligible for elec tion or appointment to any other office of this state and may not prac tice law. Any judge of the superior courts who ceases to hold office and who would be eligible for appointment as senior judge under any provision of this Code section may decline such appointment and practice law or accept appointment or election to other office. No such former judge who declines such appointment shall be eligible to receive any benefits under this chapter until such former judge ac cepts appointment as senior judge and attains early retirement age, if not eligible for retirement at the time of accepting appointment as senior judge. Any such former judge who has declined appointment as senior judge may at any time accept appointment as senior judge, but at the time of accepting such appointment, the former judge must cease practicing law and resign from any other office, if holding another office at the time of accepting such appointment. Any former superior court judge who is eligible therefor may become a senior judge at any time by making application to the Governor for appoint ment as a senior judge."
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 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

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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 jc) 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 the 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 ob taining 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 reduced 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 judge shall continue to make employee contributions to the fund until the member's retire ment.
(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 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."

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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 rather than under subsection (a) of this Code section shall be entitled to computation of early retirement benefits under said subsection (a).
(c) A member may retire pursuant to subsection (b) or jc) of Code Section 47-9-70 or pursuant to subsection (a) or jb) 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-

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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 Z'/z 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 exercis ing said option shall be entitled to receive the 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 per cent 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 ZVz 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 exercise 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 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'/2 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) A member of the retirement system in office on November 1, 1982, may elect to pay an additional 1 percent employee contribution computed on the same basis as provided in subsection (a) of Code Section 47-9-42 and become eligible for postretirement costof-living benefit adjustments as provided in this Code section. Any such member must make the election on or before January 1, 1983. Any member failing to make the election by that date shall not at any time thereafter be subject to the provisions of this Code section. Any person becoming a member of the retirement system after November 1, 1982, shall have 60 days from the date of becoming a member to elect to pay the additional 1 percent employee contribution and come under the provisions of this Code section. Any such member failing to make the election within such time limitation shall not at any time

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3851

thereafter be subject to the provisions of this Code section. The elec tion to come under the provisions of this Code section may not be rescinded. The elections provided for in this subsection shall be made in writing to the board.
(b) The board shall grant annual cost-of-living benefit adjustments to beneficiaries subject to this Code section. Such cost-of-living benefit adjustments, subject to the limitations hereinafter provided, shall be in an amount necessary to maintain essentially the same pur chasing power of a beneficiary during the postretirement years, based on the Consumer Price Index of the Bureau of Labor Statistics of the United State Department of Labor for all items and major groups, United States city average. If actuarial studies and evaluations ac complished by the board reveal that the additional employee con tribution provided for by this Code section is insufficient to fund fully cost-of-living benefit adjustments provided for above, then the board, for any annual cost-of-living adjustment, may reduce pro rata the ad justment otherwise required.
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, but not required, 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 pursuant to this chapter to any beneficiary of any such former superior court judge. The county supplement to any such benefit may not exceed 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 part of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 78.

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 Broun of 46th Brown of 47th

Cobb Coleman Coverdell Deal Eldridge English Engram Evans Fincher of 52nd

Foster Garner Gillis Greene Holloway Horton Howard Hudgins Hudson

3852
Kennedy Kidd Land Lester Littlefield McGill McKenzie

JOURNAL OF THE SENATE

Reynolds Robinson Scott Starr Stephens Sutton Tate

Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Bell Brantley Bryant

Dean Fincher of 54th

Hill Summers

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 78.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 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.
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.
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 description of commissioner districts.

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3853

SB 759. By Senator Evans of the 37th:
A bill to repeal an Act creating the City of Atlanta Group Insurance Board Authority.

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.

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.

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.

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.

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 according-

SB 644. By Senators Wessels of the 2nd and Coleman of the 1st:
A bill to amend Code Chapter 6 of Title 1 7 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the pro visions relating to proceedings for forfeiture of bonds or recognizances; to provide that judgment of forfeiture shall not be entered in cases where the defendant has not been brought to trial for a period of three years.

3854

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.

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.

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.

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.

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.

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 680. By Senators Lester of the 23rd and Turner of the 8th:
A bill known as the "Disposition of Unclaimed Property Act," as amend ed, 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 ac cordingly.

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3855

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.

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.

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.

SB 208. By Senator Broun of the 46th:
A bill to amend Code Section 68C-307, relating to requirements and limits of certain automobile liability policies under "The Motor Vehicle Safety Responsibility Act," so as to change the provisions relative to the required policy limits for injury or destruction to property of others.

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 exemp tions from certain rules and regulations of the department under certain conditions; to amend the Official Code of Georgia Annotated according-

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 laws relating to the board until certain dates; to amend the Official Code of Georgia Annotated accordingly.

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JOURNAL OF THE SENATE

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.

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.

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:

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.

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 324. By Senators Trulock of the 10th and Holloway of the 12th: A resolution designating the Georgia-Florida Parkway.

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.

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3857

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.

The House has agreed to the Senate substitute to the following bills of the House:

HB 1947. By Representatives Fortune and Mostiler of the 71st:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the judges of the superior courts and district attorneys of that judicial circuit.

HB 1944. By Representative Kilgore of the 65th:
A bill to create a court to be known as the "Magistrate's Court of Douglas County''; to define its jurisdiction and powers; to provide for the appoint ment, duties, and compensation of the presiding officer, who shall be designated "magistrate"; to provide for the appointment, duties, and compensation of deputy magistrates and a clerk.

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 218. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the Board of Offender Rehabilitation and to prisons, public work camps, and prisoners, so as to provide for the placement of detainers of prison inmates having outstanding sentences.

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.

3858

JOURNAL OF THE SENATE

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.

HB 76. By Representative Hutchinson of the 133rd:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to change the provisions relative to mandatory retirement age.

HB 813. By Representatives Kemp of the 139th, Tuten of the 153rd, Walker of the 115th and others:
A bill to amend Code Chapter 26-34, known as the "Georgia RICO Act," so as to add as incidents of racketeering certain violations of the "Georgia Securities Act of 1973," certain violation of Code Title 5A, relating to alcoholic beverages, and acts or threats involving murder, kid napping, arson, robbery, bribery, extortion, obstruction of justice, deal ing in narcotic or dangerous drugs.

HB 580. By Representative Adams of the 14th:
A bill to amend Code Chapter 68A-9, relating to serious traffic offenses, so as to change the penalties for certain violations and to provide for minimum time to be served in the penitentiary.

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 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 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.

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3859

HB 371. By Representatives Nix of the 20th and Darden of the 19th:
A bill to amend Code Section 22-5106, relating to execution of in struments conveying interest in real property, so as to provide for the ex ecution of instruments releasing a security agreement.

HB 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 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 902. 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 change the time such depository must hold such property.

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.

HB 94. By Representatives Snow of the 1st, Pilewicz of the 41st, Walker of the 115th and others:
A bill to amend an Act providing for investigations and reports in certain child custody cases, so as to provide that the court in its discretion may order such reports and investigations in any child custody cases.

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.

3860

JOURNAL OF THE SENATE

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 according ly-

The House has agreed to the Senate amendments to the following bills of the House:

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.

HB 1920. By Representatives Tuten of the 153rd and Autenof the 154th:
A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of certain officers and personnel of the court.

HB 1964. By Representative Dover of the llth:
A bill to amend an Act creating the office of tax commissioner of Habersham County, so as to change the salary of the tax commissioner, the method of filling vacancies in office, and the required hours of operation of the tax commissioner's office.

HB 1191. By Representative Phillips of the 125th:
A bill to amend Code Chapter 3-10, relating to limitations of action 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 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.

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3861

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.

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 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 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.

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 a new and different pro cedures for the forfeiture of appearance bonds.

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 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.

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JOURNAL OF THE SENATE

HB 1918. By Representatives Pinkston of the 100th, Davis of the 99th, Birdsong of the 103rd and others:
A bill to amend an Act establishing the board of public education and or phanage of Bibb County, so as to change the composition of the Educa tion Districts from which members of the board are elected.

The House has agreed to the Senate substitute to the following resolutions of the House:

HR 822. By Representative Crawford of the 5th:
A resolution proposing an amendment to the Constitution, so as to allocate to the Chattooga County School District and the Trion Indepen dent School District the proceeds of any local sales and use tax levied within Chattooga County and provide for corresponding ad valorem tax adjustments.

HR 826. By Representative Padgett of the 86th:
A resolution creating the Richmond County Merit System Advisory Com mission.

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.

HR 793. By Representatives Childs of the 51st, Richardson of the 52nd, Steinberg of the 46th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes.

The House recedes from its position in amending the following bill of the Senate:

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 December 27, 1890, (Ga. L. 1890-1891, p. 634); to provide for corporate powers; to provide for ordinances; to pro vide 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.

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3863

The House has agreed to the Senate amendments to the House substitute to the following bills and resolution of the Senate:

SR 271 . By Senators Starr of the 44th, Foster of the 50th and Lester of the 23rd: A resolution creating the School Finance Study Commission.

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," approved March 26, 1974 (Ga. L. 1974, p. 975), so as to change the membership of the authority; to provide for legislative intent; to create the Georgia Secondary Market Corporation; to provide that all of the corporate powers of the corporation shall be exercised by a board of directors; to amend the Official Code of Georgia Annotated according-

SB 71 1. 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.
SB 379. By Senators Tysinger of the 41st, Stephens of the 36th, Ballard of the 45th and others:
A bill to amend Code Chapter 56-5, relating to rates for certain types of insurance, as amended, so as to change the provisions relating to defini tions; to change the provisions relating to the application of said Code chapter.
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," approv ed February 8, 1956 (Ga. L. 1956, p. 27), so as to provide that county pro bation systems shall become a part of the statewide probation system ef fective on certain dates and shall be funded as a part of the statewide pro bation system; to amend the Official Code of Georgia Annotated accord ingly.

3864

JOURNAL OF THE SENATE

The House recedes from its position and agrees to the Senate amendment to the House substitute to 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, so as to change the population classifications; to change the minimum salaries of such officers; to pro vide for additional compensation to municipal taxes; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly.

The House recedes from its position in substituting the following bill of the Senate:

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 ap proved March 19, 1943 (Ga. L. 1943, p. 640), so as to change the provi sions 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 accordingly.

The House has agreed to the Senate amendment to the House amendment to the following resolution of the Senate:

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.

The House has adopted the report of the Committee of Conference on the following bills of the House:

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-

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3865

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.

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 153. By Representatives Moore of the 152nd, Triplett of the 128th, Jackson of the 77th and others:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, so as to change the provisions relative to the definition of a public school employee.

HB 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.

HB 1349. By Representatives Coleman of the 118th, Pinkston of the 100th, Banner 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 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 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 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.

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JOURNAL OF THE SENATE

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 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 291. By Representatives Harrison and Isakson of the 20th, Darden of the 19th and others:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change a provision relative to a definition.

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 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.

The House has adopted a Second Committee of Conference on the following bills of the House:

HB 55. By Representatives Greer of the 43rd and Adams of the 36th:
A bill to amend "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," to give the Authority the power to enter into contracts to ac quire property from or dispose of property to the United States of America, the State of Georgia, other states of the U.S., and political sub divisions thereof.

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3867

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.

The House has adopted the report of the Committee of Conference on the following bills of the Senate:

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.

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.

The House has adopted the report of the Committee of Conference on the following resolution of the House:

HR 626. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purposes being established as calendar year 1981.

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:

SR 413. By Senators Stephens of the 36th, Holloway of the 12th, Starr of the 44th and others:
A resolution commending the Cyclorama Restoration Committee, Inc.

3868

JOURNAL OF THE SENATE

SR 427. By Senators Allgood of the 22nd, Holloway of the 12th and Eldridge of the 7th:
A resolution relative to adjournment.

SR 428. By Senators Allgood of the 22nd and Holloway of the 12th: A resolution amending Senate Resolution 427.

The following communication from Honorable David B. Poythress, Secretary of State, representing a final cumulative summary of the ten (10) communications received periodically during the 1982 Legislative Session listing all of the persons who had registered as lobbyists for the 1982 Session, was read by the Secretary:
Secretary of State 214 State Capitol
Atlanta 30334
March 26, 1982
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons who registered in the Docket of Legislative Appearance for the 1982 Regular Session. The list is numbered 1 through 513.
With best wishes, I am
Very truly yours,
Is/ David B. Poythress Secretary of State
STATE OF GEORGIA Office of Secretary of State
I, David B. Poythress, Secretary of State of the State of Georgia, do hereby certify, that the attached list contains the names and addresses of those persons, numbered 1 through 513, who registered in the Docket of Legislative Appearance for the 1982 Regular Session of the General Assembly, in accordance with Georgia Laws 1970, pp. 695, 698, as the same appears of file and record in this office.

FRIDAY, MARCH 26, 1982

3869

IN TESTIMONY WHEREOF, I have hereunto set my hand and affix ed the seal of my office, at the Capitol, in the City of Atlanta, this 26th day of March, in the year of our Lord One Thousand Nine Hundred and Eighty Two and of the Independence of the United States of America the Two Hundred and Fifth.

1st David B. Poythress Secretary of State

PERSONS REGISTERED IN THE DOCKET OF LEGISLATIVE APPEARANCE-1982
1. Larry A. Whitlock Georgia Federation of Young Republican Clubs 200 26th Street, N.W. Apt. L-204 Atlanta, Georgia 30309
2. Bert Fridlin National Federation of Independent Business 44 Broad Street, N.W. Atlanta, Georgia 30303
3. James R. Loyd Georgia Tire Dealers & Retreaders Association 300 W. Wieuca Road, N.E. Suite 115 Atlanta, Georgia 30342
4. E. H. Lapari International Lobbyist Association Post Office Box 1733 Snyrna, Georgia 30081
5. Dr. Adele Zieman International Lobbyist Association Post Office Box 724444 Atlanta, Georgia 30339
6. H. M. Zieman International Lobbyist Association Post Office Box 724444 Atlanta, Georgia 30339
7. Charles E. Harman, Jr. Petroleum Council of Georgia 230 Peachtree Street, N.W. Suite 1500 Atlanta, Georgia 30303

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JOURNAL OF THE SENATE

8. Cheatham E. Hodges, Jr. Consultant: Legislative & Governmental Affairs Georgia Podiatric Medical Assoc. Georgia Health Care Association Georgia Association of Physicians Assistants Sussex Place, Suite 520 148 International Avenue Atlanta, Georgia 30303
9. RonE. Widener Georgia Independent Auto Dealers Assoc. 609 Princess Circle Lithia Springs, Georgia 30057
10. Brenda Griffin Georgia Residential Child Care Assoc. 1981 GarrauxRoad, N.W. Atlanta, Georgia 30327
11. James H. Purcell Independent Insurance Agents of GA Post Office Box 48386 Atlanta, Georgia 30362
12. William G.Appel Georgia Automotive Wholesalers' Association, Inc. 2193 Northlake Parkway Suite 35 Tucker, Georgia 30084
13. Marshall F. Sinback, P.A.-C Georgia Association of Physician Assistants 4669 Five Forks Trickum Road Lilburn, Georgia 30247
14. Thomas P. Knox United Family Life Insurance Company 335 Fifth Street Atlanta, Georgia 30308
15. Stephen P. Georgeson Sears, Roebuck & Company 675 Ponce de Leon Avenue Atlanta, Georgia 30395
16. Dot Williams Georgia Federation of Business and Professional Women 1228 Woodland Avenue, N.E. Apartment 6 Atlanta, Georgia 30324

FRIDAY, MARCH 26, 1982
17. Doris P. Lassiter League of Women Voters (Marietta-Cobb) 4090 Columns Drive Marietta, Georgia 30067
18. Jim Morrison Georgia Wildlife Federation 4019 Woburn Drive Tucker, Georgia 30084
19. Coy P. Evans Citizens' Committee for Improved Transportation 286 9th Street, N.E. Atlanta, Georgia 30309
20. Rosalie Fitzpatrick League of Women Voters of Georgia 5026 Hidden Branches Circle Dunwoody, Georgia 30338
21. C. D. "Bill" Warren, M.D. Georgia Community Mental Health Director's Association 99 Butler Street Atlanta, Georgia 30303
22. F. Thomas Longerbeam Motor Vehicle Manufacturers Association of the United States, Inc. Five Dunwoody Park Suite 113 Atlanta, Georgia 30338
23. Robert A. Cucchi TRW, Inc. 1507 Peachtree Center Harris Tower 233 Peachtree Street, N.E. Atlanta, Georgia 30303
24. Robert D.Sumner Georgia Business and Industry Association Georgia Self Insurers Association 181 Washington Street, S.W. Atlanta, Georgia 30303
25. Jack W.Houston Georgia Association of Petroleum Retailers Inc. 4460 Lake Breeze Drive Stone Mountain, Georgia 30083

3871

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JOURNAL OF THE SENATE

26. Tom Keating Atlanta Public Schools 147 Mockingbird Lane Decatur, Georgia 30030
27. Demetrius Mazacoufa Georgia Nurses Association 1362 W. Peachtree Street Atlanta, Georgia 30309
28. Aubrey T. Villines, Jr. Georgia Chiropractic Association, Inc. Consulting Engineers Council of Georgia, Inc. 1260 South Omni International Atlanta, Georgia 30303
29. Mark A. Fackler Georgia Credit Union League 1404 8th Avenue Albany, Georgia 31707
30. George L. Bowen, III American Iron & Steel Institute Pleasant Drive Rd #7 Bethlehem, PA 18015
31. William S. Carmichael American Iron & Steel Institute RD 2 Box 44, Thomas Road Glen Gardner, NJ 08826
32. Cancelled
33. SandyCohen YWCA 4925 Old House Trail Atlanta, Georgia 30342
34. Robert S. Tamer Atlantic Steel Company 4145 Chados Walk Marietta, Georgia 30062
35. L. Glenn Dewberry, Jr. Atlantic Steel Company 520 Valley Hall Drive Dunwoody, Georgia 30038
36. Roy W. Sockwell Christian Science Committee on Publication 3305 Peachtree Road, N.E. Suite 11 Atlanta, Georgia 30305

FRIDAY, MARCH 26, 1982
37. Lynne Mclntyre Georgia Gerontology Society 775 Houston Mill Road, #4 Atlanta, Georgia 30329
38. Cathy M. Alexander Council for Children, Inc. 3076 Vinings Ferry Drive Atlanta, Georgia 30339
39. Reina W. Oostingh Life Insurance Company of Georgia 600 West Peachtree Street, N.W. Atlanta, Georgia 30365
40. Richard B. Cobb Petroleum Council of Georgia 230 Peachtree Street, N.E. Suite 1500 Atlanta, Georgia 30303
41. Sam West Beneficial Management Corp.--AM 1000 Weathered Wood Circle Winter Springs, Florida 32708
42. C. Robert Smith Georgia Association of Assessing Officials 4374 Eton Court Douglasville, Georgia 30135
43. J. William Bailey Georgia Association of Assessing Officials 6199 Miranda Court Douglasville, Georgia 30135
44. Jerry Hill Amoco Companies 6 Executive Park Drive Atlanta, Georgia 30130
45. Frank Ward National Retired Teachers Association American Association of Retired Persons 1700 E. John Calvin Avenue College Park, Georgia 30337
46. Vita R. Ostrander National Retired Teachers Association American Association of Retired Persons 1839 Mount Royal Drive, N.E. Atlanta, Georgia 30329

3873

3874

JOURNAL OF THE SENATE

47. James E.Reilly National Retired Teachers Association American Association of Retired Persons 4701 Flat Shoals Road Union City, Georgia 30291
48. ForrestP.Lutters National Retired Teachers Association American Association of Retired Persons 6338 Cherry Tree Lane, N.E. Atlanta, Georgia 30328
49. JohnS. Prickett,Jr. National Retired Teachers Association American Association of Retired Persons 3267 Wiltshire Drive Avondale Estates, Georgia 30002
50. Maynard A. Mobley National Association of Retired Federal Employees American Association of Retired Persons 5332 Orchard Place Lake City, Georgia 30252
51. William R. Baldwin National Retired Teachers Association American Association of Retired Persons 5835 Brookgreen Road, N.E. Atlanta, Georgia 30328
52. Joseph A. Parker Georgia Hospital Association North X Northwest Office Park Atlanta, Georgia 30339
53. A. Morry Seayer National Retired Teachers Association American Association of Retired Persons 2616 Sharondale Drive, N.E. Atlanta, Georgia 30305
54. Fred W. Bell National Retired Teachers Association American Association of Retired Persons 2940 Tejas Trail, S.W. Atlanta, Georgia 30331
55. J. C. Reynolds Amalgamated Transit Union Local 732 250 Tenth Street, N.E. Suite 208 Atlanta, Georgia 30309

FRIDAY, MARCH 26, 1982

3875

56. Dorothy Tracy Legislex 3037 Slaton Drive, N.E. Atlanta, Georgia 30305
57. Clint G. Sweazea Air Transport Association Delta Airlines Hartsfield International Airport Atlanta, Georgia 30320
58. John W. Cox Georgia Association of Realtors 3200 Presidential Drive Atlanta, Georgia 30340
59. T. H. LaFountain Avco Financial Services 5736 DeKalb Lane Norcross, Georgia 30093
60. Virgil T. Smith Life Chiropractic College 1101 Collier Road, N.W. Apt. Ql Atlanta, Georgia 30318
61. Linda Womack Georgia Electric Membership Corporation 148 International Boulevard Suite 845 Atlanta, Georgia 30043
62. Michael]. Egan Investment Company Institute Robinson Humphrey Company, Inc. 3100 First Atlanta Tower Atlanta, Georgia 30383
63. Nancy Jo Roth Physical Therapy Association of Georgia 3749 Loveland Terrace Chamblee, Georgia 30341
64. Richard L. Bray Georgia Electric Membership Corporation 148 International Boulevard Suite 845 Atlanta, Georgia 30043
65. Penelope S. Jacks Public Assistance Coalition 151 Spring Street, N.W. Atlanta, Georgia 30335

3876

JOURNAL OF THE SENATE

66. Joseph R. Parrott ITT Rayonier, Inc. Post Office Box 45165 Atlanta, Georgia 30320
67. Bob Watson Fulton Federal Savings & Loan Association 1448 Altamont Drive Decatur, Georgia 30033
68. CurtisA.Thurston, Jr. Georgia State Dental Laboratory Association, Inc. 1616 First Federal Building 40 Marietta Street, N.W. Atlanta, Georgia 30303
69. W. A. Hathaway National Association of Retired Federal Employees Retired Officers Association 1067 McConnell Drive Decatur, Georgia 30033
70. Frank L. Carter Georgia Textile Manufacturers Association, Inc. 2640 NBG Building Atlanta, Georgia 30303
71. Ray E.Clifton Georgia EMC 148 International Boulevard Suite 845 Atlanta, Georgia 30043
72. Gilbert R. Campbell, Jr. DeKalb Chamber of Commerce, Inc. 515 Decatur Federal Building Decatur, Georgia 30030
73. JoeH.McKenzie, Jr. Freeport Kaolin Company 118 McKinley Lane, N.E. Milledgeville, Georgia 31061
74. Edward Deaton Georgia Association of Educators 2900 Britt David Road Columbus, Georgia 31904
75. Bonnie Engle Parents Anonymous of Georgia, Inc. 410 Summit Drive, N.E. Atlanta, Georgia 30324

FRIDAY, MARCH 26, 1982
76. Steven E. McWilliams Georgia Mining Association Georgia Concrete & Products Association 119-C, 4151 Memorial Drive Decatur, Georgia 30032
77. Kent Lawrence Georgia Chamber of Commerce 42 IMcDaniel Street Monroe, Georgia 30655
78. Diane Claire Dillon Georgia Nurses Association 9340 Huntcliff Trace Atlanta, Georgia 30338
79. Harrison W. Bray Georgia Oilman's Association 3300 N.E. Expressway Suite 8-P Atlanta, Georgia 30341
80. Steve Levetan Georgia Association of Scrap Processors 80 Milton Avenue Atlanta, Georgia 30315
81. Ernest B. Davis Georgia Chamber of Commerce 1679 Timberland Road Atlanta, Georgia 30345
82. DonCargill Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30335
83. Charles R. Short Hoffmann-Laroche, Inc. Box 98007 Atlanta, Georgia 30359-1707
84. Gary P. Fowler Associated General Contractors of America, Inc.--Georgia Branch 147 Harris Street, N.W. Atlanta, Georgia 30313
85. Richard E. Hitt Mental Health Association of Georgia 100 Edgewood Avenue, N.E. Suite 502 Atlanta, Georgia 30303

3877

3878

JOURNAL OF THE SENATE

86. Peter L. Banks Mortgage Bankers Association of Georgia Miller Brewing Company Georgia Press Association Dunn and Bradstreet 3300 First Atlanta Towers Atlanta, Georgia 30383
87. William F. Morie Georgia Auto Dealers Association Georgia Highway Users 1380 W. Paces Ferry Road, N.W. Atlanta, Georgia 30327
88. John F. Chambless Associated General-Contractors 147 Harris Street, N.W. Atlanta, Georgia 30313
89. Arthur M. Gignilliat, Jr. Savannah Electric and Power Company Post Office Box 968 Savannah, Georgia 31402
90. Alice Faye Katrina Brown NAACP--Atlanta Branch 360 Six Flags Drive Apartment 3-D Atlanta, Georgia 30001
91. YvonneJ. Wiltz NAACP-Atlanta Branch 3390 Laren Lane, S. W. Atlanta, Georgia 30311
92. Suzanne C. Grace Georgia Day Care Association 920 Green Street Conyers, Georgia 30207
93. Charles Graves Independent Bankers Association of Georgia 1 Park Place 1900 Emery Street, N.W. Atlanta, Georgia 30318
94. Dr.J. C. Mullis Georgia Retired Teachers Association 3875 Barnett Shoals Road Athens, Georgia 30605
95. Marvin Jerome Nunnally NAACP 2343 Campbellton Road Atlanta, Georgia 30331

FRIDAY, MARCH 26, 1982

3879

96. D.Douglas White Georgia Day Care Association 920 Green Street Conyers, Georgia 30207
97. Charles R. Grantland Great Southern Paper Company Post Office Box 44 Cedar Springs, Georgia 31732
98. Lynn L. White Georgia Day Care Association 920 Green Street Conyers, Georgia 30207
99. GaryAshley Georgia School Board Association 3050 Presidential Drive Suite 111 Atlanta, Georgia 30340
100. Frank D. Roberts Georgia Fraternal Order of Police 4010 Manor House Drive, N.E. Marietta, Georgia 30062
101. Robert E. Woodard Georgia School Board Association 3050 Presidential Drive Suite 111 Atlanta, Georgia 30340
102. James L. Hutto Georgia Highway Contractors Association 92 Luckie Street, N.W. Atlanta, Georgia 30303
103. Tone S. Garrett Georgia Asphalt Pavement Association 3445 Peachtree Road, N.E. #879 Atlanta, Georgia 30326
104. B. F. Hyde Cities Service Company Copperhill, Tennessee 37317
105. Judith H. Rhodes League of Women Voters of Georgia 2772 Mornington Drive Atlanta, Georgia 30327
106. Vickie D. Wiley Georgia Business & Industry Association 812 Pine Valley Drive Forest Park, Georgia 30050

3880

JOURNAL OF THE SENATE

107. John H. Thomas Tri-State Systems, Inc. New Resources Group, Inc. Georgia Baptist Medical Center D'Lites of America, Inc. 1795 Peachtree Road Suite 208 Atlanta, Georgia 30329
108. Stephen E.Janas Georgia Dental Association 2951 Flowers Road, South Atlanta, Georgia 30340
109. Charles R. Morrison Sears, Roebuck and Company 1651 Planters Row Stone Mountain, Georgia 30087
110. Daniel P. Starnes Council for Children, Inc. 100 Edgewood Avenue Atlanta, Georgia 30303
111. Wilton Hill Georgia School Bus Drivers Association Post Office Box 158 Reidsville, Georgia 30453
112. William G. Sanders Georgia Association of Broadcasters 6065 Roswell Road Suite 815 Atlanta, Georgia 30328
113. Tom Watson Brown Georgia Association of Broadcasters 2631 West Wesley Road, N.W. Atlanta, Georgia 30327
114. William J. White Self 4137 Cedar Ridge Trail Stone Mountain, Georgia 30083
115. PaulG. Brower Gold Kist, Inc. Post Office Box 2210 Atlanta, Georgia 30301
116. BobMerckle ABATE of Georgia 990 Tanglewood Trail Woodstock, Georgia 30188

FRIDAY, MARCH 26, 1982

3881

117. Richard]. Burrell Household International Inc. 981 Guys Court Lilburn, Georgia 30247
118. John E. Rollins Citicorp Person to Person Citicorp Acceptance Corp. Citicorp Homeowners Inc. 129 Tiburon Court Decatur, Georgia 30038
119. Lee M. Sessions, Jr. Citizens and Southern Georgia Corporation 99 Annex Atlanta, Georgia 30399
120. Ann M. Hodges Research Assistant to Cheatham E. Hodges, Jr. Legislative & Governmental Affairs Consultant Sussex Place, Suite 520 148 International Avenue Atlanta, Georgia 30303
121. Beverly Adams Stop ERA Eagle Forum UllOakcliffRoad Macon, Georgia 31211
122. Melinda Parrill-Burnstein Georgia Association for Children and Adults with Learning Disabilities 1717 North Rock Springs Road Atlanta, Georgia 30324
123. Pat Gardner Georgia Psychological Association 668 E. Pelham Atlanta, Georgia 30324
124. Jean H. Fountain Georgia Recreation & Park Society, Inc. 4319 Covington Highway #209 Decatur, Georgia 30035
125. Virgil W.Hodges NAACP--Atlanta Branch 2343 Campbellton Road, S.W. #1 Atlanta, Georgia 30311
126. Anne M. Shearer Junior League of DeKalb County 3825 Tuxedo Road, N.W. Atlanta, Georgia 30342

3882

JOURNAL OF THE SENATE

127. H. M. Fulbright Georgia Association of Educational Leaders Box 651 Carrollton, Georgia 30117
128. Randy Simpson Self Post Office Box 407 Snellville, Georgia 30278
129. Cheatham E. Hodges, Jr. Georgia Catholic Conference Association of Private Colleges and Univerisities of Georgia 3200 Deans Bridge Road Office Bldg. Augusta, Georgia 30906
130. Mary E.Hodges Research Assistant to Cheatham E. Hodges, Jr., Legislative and Governmental Affairs Consultant Sussex Place, Suite 530 148 International Avenue Atlanta, Georgia 30303
131. George "Randy" Johnson Self 203 Mediteranean Lane Lawrenceville, Georgia 30245
132. W. RandallTye Troutman, Sanders, Lockerman and Ashmore 1400 Candler Building Atlanta, Georgia 30043
133. Robert W.Gerson Troutman, Sanders, Lockerman and Ashmore 1622 Arnaud Court Atlanta, Georgia 30338
134. AbitMassey Georgia Poultry Federation Post Office Box 763 Gainesville, Georgia 30503
135. Gary W. Price Medical Association of Georgia 938 Peachtree Street, N.E. Atlanta, Georgia 30309
136. Betty Blondeau Georgia Citizens for the Arts 586 Ponce de Leon Manor, N.E. Atlanta, Georgia 30307

FRIDAY, MARCH 26, 1982

3883

137. Ann Wells White Planned Parenthood of Atlanta Colony House 1237 145 Fifteenth Street, N.E. Atlanta, Georgia 30361
138. Carolyn G. Gold Planned Parenthood of Atlanta 2795 Margaret Mitchell Drive, N.W. Atlanta, Georgia 30327
139. Cynthia D. Wright Troutman, Sanders, Lockerman and Ashmore 1400 Candler Building Atlanta, Georgia 30043
140. John A. Blackmon Atlanta Convention and Visitors Bureau Georgia Hospitality and Travel Assn. Georgia Automobile Dealers Assn. CitiCorp 2400 First National Bank Building Atlanta, Georgia 30383
141. Barclay T. Resler The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301
142. Connell Stafford The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301
143. Earl T. Leonard, Jr. The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301
144. Rhoda Russell Georgia Council of Public Libraries 1887 Brace Road, N.E. Atlanta, Georgia 30329
145. James H. Hudson Eli Lilly and Co. 310 Riverhill Drive, N.W. Atlanta, Georgia 30328
146. Gregory G. Kergosien The Upjohn Company 1554 N. Springs Drive Dunwoody, Georgia 30338

3884

JOURNAL OF THE SENATE

147. Joyce Parker ERA Georgia, Inc. 369 Darien Way, N.W. Marietta, Georgia 30064
148. Janice K. Teller Georgia Women's Political Caucus P.O. Box 21073 Emory University Atlanta, Georgia 30322
149. Samuel L. Dumas Georgia Power Company 270 Peachtree Street Atlanta, Georgia 30303
150. Lisa Lanette Owen Georgia Women's Political Caucus Box 22781 Emory University Atlanta, Georgia 30322
151. AdeleM. Ward League of Women Voters of Georgia 868 Castle Falls Drive, N.E. Atlanta, Georgia 30329
152. Fred B. Kitchens, Jr. Wine & Spirits Wholesalers of Georgia, Inc. Six Piedmont Center, Suite 414 3525 Piedmont Road, N.E. Atlanta, Georgia 30305
153. Alan Smith Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30335
154. Linda Stephens Georgia Occupational Therapy Assn. 1696 Wawona Terrace Atlanta, Georgia 30319
155. Henry Steely Georgia Occupational Therapy Assn. 1056 South Main Cedartown, Georgia 30125
156. MaxM. Kimball Georgia Occupational Therapy Assn. 5694 Trowbridge Drive Dunwoody, Georgia 30338

FRIDAY, MARCH 26, 1982

3885

157. Charles David Vaughn Alston, Miller and Gaines 1200 Citizens & Southern National Bank Building 35 Broad Street Atlanta, Georgia 30335
158. Rufus Thomas Dorsey, IV Alston, Miller and Gaines 481 Overbrook Drive, N.W. Atlanta, Georgia 30318
159. Jerry R. Griffin Georgia Municipal Association Suite 2300 34 Peachtree Street, N.W. Atlanta, Georgia 30303
160. T. R. Wade Watkins Associated Industries Post Office Box 1738 1958 Monroe Drive, N.E. Atlanta, Georgia 30371
161. LoisSacher League of Women Voters--Atlanta-Fulton 2955 Ascot Lane Roswell, Georgia 30076
162. SandiMaloney League of Women Voters--Atlanta-Fulton 5810 Mountain Creek Road Atlanta, Georgia 30328
163. John M. Crane City of Marietta Georgia Firefighters Standards and Training Council Georgia City and County Management Association Box 609 Marietta, Georgia 30061
164. Frances Beck Fulton County Daily Report 190 Pryor Street, S.W. Atlanta, Georgia 30303
165. Patsy Jo Milliard League of Women Voters 3350 Sir Henry Street East Point, Georgia 30344
166. Laura L. Mullins Georgia Tobacco Tax Council 704 Channing Drive Atlanta, Georgia 30318

3886

JOURNAL OF THE SENATE

167. Shannon Corr Georgia State University Student Government Association 5263 Murphy Circle Fort McPherson, Georgia 30330
168. StevenTeske Georgia State University Student Government Association 1742 Brenda Drive Jonesboro, Georgia 30236
169. Coy R.Johnson Georgia Association of Life Insurance Companies 112 N. Main Street Gumming, Georgia 30130
170. Russell A. Lemieux Hill and Knowlton 405 S. Omni International Atlanta, Georgia 30303
171. Herman L. Moore Georgia Pacific Corporation 2210 Parklake Drive, N.E. Post Office Box 105041 Atlanta, Georgia 30348
172. Sarah B. Dangar Eagle Forum 1629 Club View Court Kennesaw, Georgia 30144
173. Thomas T. Gresham LegisWatch Post Office Box 76235 Atlanta, Georgia 30358
174. Leon S. Brown Georgia Forestry Association 141 Tiburon Court Decatur, Georgia 30038
175. Richard W. Brown 3-M Company 101 Lindsey Road Yatesville, Georgia 31097
176. TalithaM. Russell Medical Association of Georgia 938 Peachtree Street, N.E. Atlanta, Georgia 30309
177. Robert R. King Georgia Hospitality & Travel 233 Peachtree Street, N.E. Suite 201 Atlanta, Georgia 30301

FRIDAY, MARCH 26, 1982
178. Gary E.Jackson Self 1550 Peachtree Summit Bldg. Atlanta, Georgia 30308
179. Phillip Alford Georgia State University Student Government Association 2577 Lake Erin Drive Tucker, Georgia 30084
180. Brad Stolte Georgia State University Student Government Association 1120 Hampton Hall Drive, N.E. Atlanta, Georgia 30319
181. Bruce Alan Kling Georgia State University Student Government Association 1614 Camelot Circle Tucker, Georgia 30084
182. William J. Shortt Johnson & Johnson 139 Skyland Drive Cornelia, Georgia 30531
183. Thomas C. Parker Atlanta Chamber of Commerce 550 Buckeye Road Fayetteville, Georgia 30214
184. TomCollins Clayton County Chamber of Commerce 2305 Meadowcreek Lane Jonesboro, Georgia 30236
185. Gene Dyson Georgia Business and Industry Association 181 Washington Street, S.W. Atlanta, Georgia 30303
186. JimParkman Georgia Business and Industry Association 181 Washington Street, S.W. Atlanta, Georgia 30303
187. PamGillen Georgia Business and Industry Association 181 Washington Street, S.W. Atlanta, Georgia 30303
188. WayneBryan AAA Georgia Motor Club 1100 Spring Street Atlanta, Georgia 30367

3887

3888

JOURNAL OF THE SENATE

189. David Lee Farther CWA Georgia Political Council 1299 Euclid Avenue, N.E. Atlanta, Georgia 30307
190. CarlD.Rudin CWA Local 3204 6980 Roswell Road Sandy Springs, Georgia 30328
191. W. M. (Bill) Alexander City of Atlanta 68 Mitchell Street, S.W. Atlanta, Georgia 30303
192. Fern Richardson Common Cause ERA, Georgia, Inc. 1854 Chancery Lane Chamblee, Georgia 30341
193. Joseph A. Sports Kunian Enterprises Superstar TV Car and Truck Rental Leasing Assn. 3-M Company 822 Candler Building Atlanta, Georgia 30303
194. Donna J. Coles Georgia League of Women Voters 2450 Kirk Lane Kennesaw, Georgia 30144
195. Ed Sumner Georgia Municipal Association Joint Municipal Employees Retirement System Suite 2300, NBG Building 34 Peachtree Street, N.W. Atlanta, Georgia 30303
196. E.Kenneth Jones Georgia Municipal Association Suite 2300, NBG Building 34 Peachtree Street, N.W. Atlanta, Georgia 30303
197. Margot Dokken ERA Georgia, Inc. 280 Hampton Farms Court Marietta, Georgia 30067
198. AbbyWenzel ERA Georgia, Inc. 3155 Cedar Creek Parkway Decatur, Georgia 30033

FRIDAY, MARCH 26, 1982

3889

199. H. Philip Paradice, Jr. Georgia League of Savings Association Suite 507, Standard Federal Building 41 Marietta Street, N.W. Atlanta, Georgia 30303
200. Jared L. Freedman Georgia Federation of Teachers AFT/AFL-CIO 6065 Roswell Road Atlanta, Georgia 30329
201. Richard L. Wheeler Fulton County Board of Education 4348 Herschel Road College Park, Georgia 30337
202. Frank T. Bunch Chevron U.S.A., Inc. P.O. Box 1706 Atlanta, Georgia 30301
203. James E. Dyer Fraternal Order of Police 3028 Empire Blvd., S.W. Atlanta, Georgia 30354
204. Herbert H. Mabry AFL-CIO 501 Pulliam Street, S.W. Atlanta, Georgia 30312
205. Adron Harden Georgia Farm Bureau Federation 5021 Wood Dale Avenue Macon, Georgia 31201
206. Gerald Busbee First National Bank 2 Peachtree Street Atlanta, Georgia 30302
207. Claude McGuinn CWA Georgia Political Council Box 642 Decatur, Georgia 30331
208. Earl B. Johnson, Sr. CWA Georgia Political Council 155 Echo Trail Watkinsville, Georgia 30677
209. George B. Apple white CWA Georgia Political Council Route 1, Box 209 M Evans, Georgia 30809

3890

JOURNAL OF THE SENATE

210. Gerald W. Bowling Municipal Electric Authority of Georgia Heard Leverett & Adams 315 Hascall Road, N.W. Atlanta, Georgia 30309
211. Barbara C. Decker Heard Leverett & Adams 4010 Allenwood Way Tucker, Georgia 30084
212. Virginia "Ginger" M. Ackerman ERA Georgia 3940 Clubland Drive Marietta, Georgia 30067
213. Stephen Martin Newton Georgia Farm Bureau Post Office Box 6870 Macon, Georgia 31210
214. Lee Wysong Georgia Stop ERA Committee Eagle Forum 701 Longleaf Drive, N.E. Atlanta, Georgia 30342
215. E. Wayne Stanford Georgia Grocers Association 2248 Clearwater Drive Marietta, Georgia 30067
216. BenT. Wiggins Continental Resources Company Suite 400 The Candler Building 127 Peachtree Street Atlanta, Georgia 30303
217. J. Danny Faulkner CWA Georgia Political Council Route 1, Box 119A1 Milner, Georgia 30257
218. StacyErb Georgia Women's Political Caucus 110 Tuxedo Terrace Atlanta, Georgia 30342
219. Fredricka R. Lainoff Georgia Women's Political Caucus 1279 Biltmore Drive, N.E. Atlanta, Georgia 30329

FRIDAY, MARCH 26, 1982

3891

220. Rebecca L. Van Gilder Georgia Women's Political Caucus 478 Seminole Avenue, N.E. Atlanta, Georgia 30307
221. Douglas Brooks Atlanta Georgia Labor Council AFL-CIO 50 IPulliam Street Suite 233 Atlanta, Georgia 30312
222. Alayne L. Snyder ERA 3842 Randall Farm Road Atlanta, Georgia 30339
223. Linda G. Edmonds Georgia Optometric Association 4289 Memorial Drive Suite] Decatur, Georgia 30033
224. David S. Godfrey Atlanta Gas Light Company 235 Peachtree Street Atlanta, Georgia 30302
225. Helen F. Shell We Care in Georgia, Inc. 5545 Arundel Drive, N.W. Atlanta, Georgia 30327
226. Jeff Bickerstaff American Family Life Assurance Company 1821 Iris Drive Columbus, Georgia 31906
227. Ann Q. Curry League of Women Voters of Georgia 530 Tanacrest Circle, N.W. Atlanta, Georgia 30328
228. Linda Hallenberg Georgia Women's Political Caucus 3036 Wellington Court Atlanta, Georgia 30339
229. Richard R. Shaw John Hancock Insurance 2400 Campbellton Road, S.W. #M-11 Atlanta, Georgia 30311

3892

JOURNAL OF THE SENATE

230. Kay Pippin Georgia Association of Educators 774 McCaskill Drive Jackson, Georgia 30233
231. Susan Tucker Georgia Girl Scout Councils 991 Somerset Drive, N.W. Atlanta, Georgia 30327
232. Frank Bacon Freeport Kaolin Company P.O. Box 37 Gordon, Georgia 31031
233. J. Robert Benton Wine Institute Post Office Box 895 Jonesboro, Georgia 30237
234. James M. Griffith Georgia Power Company 995 Hunterhill Drive Roswell, Georgia 30075
235. Thomas M. Boiler Georgia Power Company 33 Piedmont Avenue Atlanta, Georgia 30301
236. Donald E. Holcomb John Deere Company 5250 Bailey Road Conyers, Georgia 30207
237. Ray Edwards Deere & Company 310 Hubbell Building Des Moines, Iowa 50309
238. Judy McMillan Georgia Women's Political Caucus 2846 Fantasy Lane Decatur, Georgia 30033
239. W. E. Cobble Brotherhood of Locomotive Engineers 2427 Shendoah Avenue, N.E. Atlanta, Georgia 30305
240. Walter F.Jackson Brother of Maintenance of Way Employees Route 4, Box 449 Forsyth, Georgia 31029

FRIDAY, MARCH 26, 1982

3893

241. Ann McKee Parker Better Infant Births/March of Dimes 40 28th Street, N.W. Atlanta, Georgia 30309
242. Linda Barnes Cater People of Faith for Equal Rights Amendment 23 Stillhouse Road, Vinings Atlanta, Georgia 30339
243. Claudia A. Crim League of Women Voters--Marietta-Cobb 1042 Rockcrest Drive, N.E. Marietta, Georgia 30062
244. Debbie Holmes ERA Georgia, Inc. 4513 Inlet Road Marietta, Georgia 30066
245. Dr. Charles Lechasney Parents Anonymous of Georgia, Inc. 2479 Peachtree Road Suite 107 Atlanta, Georgia 30305
246. L. W. (Scott) Mall Miller Brewing Company 30 Perimeter Center East #110 Atlanta, Georgia 30346
247. Lauren Burke Girl Scouts of Region III 6963-G Roswell Road Atlanta, Georgia 30328
248. Jan Adams Georgia Women's Political Caucus 2846 Fantasy Lane Decatur, Georgia 30033
249. James P. Martin Georgia Society of CPA's Suite 800, Tower Place 3340 Peachtree Street, N.E. Atlanta, Georgia 30026
250. James H. Williams Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
251. Glenn Newsome Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035

3894

JOURNAL OF THE SENATE

252. Bob Bullington United Transportation Union P.O. Box 80763 Chamblee, Georgia 30366
253. Mary N. Long Georgia Nurses Association 602 Grant Street, S.E. Atlanta, Georgia 30312
254. Joyce Lenore Parker People of Faith for ERA Students Act for ERA 369 Darien Way Marietta, Georgia 30064
255. Mary Anne F. Gaunt League of Women Voters--Atlanta/Fulton 1249 Reeder Circle, N.E. Atlanta, Georgia 30306
256. MaureenM. Lok League of Women Voters Marietta/Cobb 3793 Raccoon Run Marietta, Georgia 30062
257. Elaine Nachman Georgia Association of Educators 314 Eureka Drive Atlanta, Georgia 30305
258. Jonnie L. Cox Georgia Pacific Corporation P.O. Box 105041 Atlanta, Georgia 30348
259. James H. Groome Mead Corporation P.O. Box 4417 Atlanta, Georgia 30302
260. W. A. Binns Union Camp Corporation P.O. Box 570 Savannah, Georgia 31402
261. George M. Howard Georgia Crushed Stone Association 3050 Presidential Drive Suite 218 Atlanta, Georgia 30340

FRIDAY, MARCH 26, 1982
262. David S. Pate ERA Ratification for Appropriate Technology 3110 Maple Drive Suite 412 Atlanta, Georgia 30305
263. Nancy T. Savage ERA Georgia 575 Brownwood Avenue, S.E. Atlanta, Georgia 30316
264. John A. Helms Life Insurance Company of Georgia 323 Camden Road Atlanta, Georgia 30309
265. Void
266. Void
267. Void
268. Void
269. Sharron Hannon ERA Georgia 30 North Stratford Drive Athens, Georgia 30605
270. Charlotte Gattis Georgia Manufactured Housing Assn. 2810 New Spring Road #110 Atlanta, Georgia 30328
271. Mary Anne Whatley Apartment Owners & Managers Assn. 5600 Roswell Road, N.E. Suite 360 Atlanta, Georgia 30342
272. Carol C. Lineberger ERA Georgia 179 Willow Glen Drive Marietta, Georgia 30067
273. Elaine Frances Kramer Georgia Women's Political Caucus 120 Lafayette Drive, #11 Atlanta, Georgia 30309
274. Marcia Tyrrell Georgia Mountaineers 5034 Meadow Lane Marietta, Georgia 30067

3895

3896

JOURNAL OF THE SENATE

275. John E. Blessinger DeKalb Business League US Black Chamber of Commerce Atlanta Assn. Contractors & Trade Council Post Office Box 571 Decatur, Georgia 30031
276. Ed McGill Georgia Alcohol Dealers Association 920 Green Street Conyers, Georgia 30207
277. Erv Goodroe Building Material Merchants Association 1121 Briarcliff Road Perry, Georgia 31069
278. John P. Marston Georgia Hospital Association 3079 Gant Quarters Circle Marietta, Georgia 30067
279. Kenneth Dean Dill Wesley Student Theological 1570 Dantzler Drive, Apt. 15 Atlanta, Georgia 30329
280. Jack D. Howard Southern Railway System 215 Piedmont Avenue, N.E. Atlanta, Georgia 30308
281. Jessie Flanigan, III Flanigan and Associates 3765 King Edward Trail, S.W. Atlanta, Georgia 30331
282. Thomas A. Player Georgia State Association of Life Underwriters Aetna Life and Casualty Company American Council of Life Insurance 3100 Peachtree Summit Atlanta, Georgia 30365
283. Robert P. Constantine, Jr. Blue Cross and Blue Shield of Georgia/Atlanta, Inc. Georgia Chapter, American Society of Landscape Architects TIAA-CREF Tricor Insurance Group 1940 Equitable Building Atlanta, Georgia 30043

FRIDAY, MARCH 26, 1982
284. David M. Farmer Alliance of American Insurers 235 Peachtree Street #1606 Atlanta, Georgia 30343
285. Charles E. Crowder Georgia Agribusiness Council 332 Agriculture Building Capitol Square Atlanta, Georgia 30334
286. Calvin E. Sims Amalgamated Transit Union Local 732 2865 Cloverleaf Drive, S.E. Atlanta, Georgia 30316
287. Philip E. Fowler National Organization for Women--Atlanta Chapter P.O. Box 54045 Civic Center Station Atlanta, Georgia 30308
288. Joel C.Williams, Jr. Savannah Foods & Industries, Inc. Savannah Chamber of Commerce Box 339 Savannah, Georgia 31402
289. Bob Cohn Tobacco Institute Tobacco Tax Council Suite 1770 401 West Peachtree Street Atlanta, Georgia 30308
290. Susan R. Woodgeard ERA Georgia 404 Treehouse Parkway Norcross, Georgia 30093
291. Bonnie B. Woodgeard ERA Georgia 615 Sycamore Drive Decatur, Georgia 30030
292. Robert E. Cantrell Georgia State Council of Machinist 129 Gaylon Street Smyrna, Georgia 30080
293. G. Robert Kerr The Georgia Conservancy Room 407 3110 Maple Drive Atlanta, Georgia 30305

3897

3898

JOURNAL OF THE SENATE

294. Dorothy P. Spence Georgia Association American Institute of Architects 229 Peachtree Street Atlanta, Georgia 30303
295. Sarah B. Zeigler American Association of University Women 432 Sycamore Drive Decatur, Georgia 30030
296. Claude R. Glaze Brotherhood of Railway Clerks 525 N.Hairston Road Stone Mountain, Georgia 30083
297. W. A. Travis McNeil Pharmaceutical 1444 Dallas Circle, S.W. Marietta, Georgia 30064
298. Luke Livingston Sandoz Pharmaceuticals 3307 Leeds Way Duluth, Georgia 30136
299. Rita Schaikewitz Common Cause 2901 Sequoyah Drive, N.W. Atlanta, Georgia 30327
300. Cecil Burk Georgia Farm Bureau Route 1 Armuchee, Georgia 30105
301. Charles C. Mathias Common Cause Georgia 3491 Fairway Drive College Park, Georgia 30337
302. Waldo E. Spence Atlanta Gas Light Company 1621 Doncaster Drive, N.E. Atlanta, Georgia 30309
303. James A. Gray, III The Tobacco Institute Grady Memorial Hospital 229 Peachtree Street Suite 1600 Atlanta, Georgia 30303

FRIDAY, MARCH 26, 1982

3899

304. Frank F. Molock CWA Local 3218-Marietta 2106AustellRoad Marietta, Georgia 30067
305. S. Francene Toliver Atlanta Federation of Teachers Georgia Federation of Teachers AFL-CIO 374 Maynard Terrace SE Suite 212 Atlanta, Georgia 30316
306. C. E. Ed Hearn, Sr. Georgia State Councils of Machinist Post Office Box 7545 Savannah, Georgia 31408
307. Luke R. Lassiter National Association of Independent Insurers 106 Pine Crest Drive Gumming, Georgia 30130
308. Percy Marchman Cotton States Insurance Companies Post Office Box 2214 Atlanta, Georgia 30301
309. Judi D. Williams League of Women Voters of Georgia 3445 Hallcrest Drive, N.E. Atlanta, Georgia 30319
310. Roger T. Lane Georgia Association of Home Health Agencies Chain Drug Federation of Georgia 2275 Oak Road Suite E Snellville, Georgia 30278
311. Margaret M. Curtis People of the Faith for ERA 3659 Cochise Drive, N.W. Atlanta, Georgia 30339
312. Ann Rose Midtown Hospital 144 Ponce de Leon Avenue Atlanta, Georgia 30308
313. AnselL. Bradley State Farm Insurance Companies 4015 Weelaunee Road Ellenwood, Georgia 30049

3900

JOURNAL OF THE SENATE

314. John G. R. Bankhead The Tobacco Institute, Inc. 2601 Flowers Road, South Suite 160 Atlanta, Georgia 30341
315. Lola Scott Russell Council for Children 1607 Kenmore Street, S.W. Atlanta, Georgia 30311
316. Warren Derrick Deeds Atlanta Labor Council 251 Tenth Street, N.W. Apt. 109, Building 11 Atlanta, Georgia 30318
317. John L. Erickson Ford Motor Company Suite 1504 233 Peachtree Street, N.E. Atlanta, Georgia 30303
318. BryceHolcomb Georgia Soft Drink Association 2508 Carroll Avenue Chamblee, Georgia 30341
319. John C. Miller National Advertising Company 1855 Oak Lake Drive Clearwater, Florida 33516
320. Howard P. Hill, Jr. United Way of Metropolitan Atlanta 100 Edgewood Avenue Atlanta, Georgia 30303
321. BillMcBrayer Georgia Retail Association Opticians Association of Georgia Chain Drug Federation 5A5 Atlanta Merchandise Mart Atlanta, Georgia 30303
322. George L. Harris, Jr. C & S National Bank Trust Affairs Section--Georgia Bankers Association 99 Annex Atlanta, Georgia 30399
323. Leslie I. Hill Young Womens Christian Association 976 Delaware Avenue, SE Atlanta, Georgia 30316

FRIDAY, MARCH 26, 1982

3901

324. Pat Banks Georgia Small & Independent Business Post Office Box 306 Glennville, Georgia 30427
325. Joe Brannen Georgia Bankers Association 720 William-Oliver Building Atlanta, Georgia 30303
326. Ski Bashinski Georgia Funeral Directors Association Georgia Automatic Merchandising Council Greater Atlanta Fabricare Association Southeast Electric Sign Association Georgia Motorcycle Dealers Association Motorcycle Industry Council Georgia Cemetery Association Mapping & Surveying Society of Georgia Suite 123 3009 Rainbow Drive Decatur, Georgia 30034
327. Jane Culpepper Citizens Advocate for Animal Welfare Issues 7340 Twin Branch Road Atlanta, Georgia 30328
328. Elizabeth Buck Duncan Common Cause Ordinary Citizen 660 Elkmont Drive, N.E. Atlanta, Georgia 30306
329. Sherry Schulman ERA Georgia 1154OakdaleRoad Atlanta, Georgia 30307
330. Ruth F. Caliborne Junior League of Atlanta, Inc. 2869 Careygate, N.W. Atlanta, Georgia 30305
331. Jennifer L. Lamb ERA Georgia 73 HCardif Place Jonesboro, Georgia 30236
332. James D.King, Jr. Marta 2274 Leafmore Drive Decatur, Georgia 30033

3902

JOURNAL OF THE SENATE

333. Sims Garrett, Jr. C. W. Matthews Contracting Co. Fulton Federal Savings & Loan Association Self (Banking, Insurance, Transportation, Outdoor Advertising) 476 Bouldercrest Drive, SW Marietta, Georgia 30064
334. S. Alien Norris Alien Norris and Associates 908 Summit Walk Circle Marietta, Georgia 30067
335. F. D. Hightower Lobbying Americans 2827 Norgate Lane Decatur, Georgia 30034
336. Derryll O. Anderson Lobbying Americans 1820 Monroe Drive #2 Atlanta, Georgia 30324
337. Thomas G. Carson Common Cause 2095 Glendale Drive Decatur, Georgia 30032
338. Judy Stokes Conditioned Air Association of Georgia 2455 Northlake Court Atlanta, Georgia 30345
339. KayMcKenzie Hill and Knowlton, Inc. 405 S. Omni International Atlanta, Georgia 30303
340. Mary F. Agraz Georgia League of Women Voters 538 Heyward Circle, N.W. Marietta, Georgia 30064
341. A. Leon Worthy Lobbying Americans 330 W. Peachtree Street Atlanta, Georgia 30308
342. Denise N. Turner Georgia State University Student Government Association 1805 Roswell Road Marietta, Georgia 30060
343. Robert F. Galloway Home Health Care Agency 102 Shadowlawn Drive, South Albany, Georgia 31707

FRIDAY, MARCH 26, 1982

3903

344. Nicholas S. Papleacos American Subcontractors Association-- Georgia Chapter 2300 Fiist Atlanta Tower Atlanta, Georgia 30383
345. J. Chris Dobbs Exxon Corporation 1211 Union Avenue Box 367 Memphis, Tennessee 38101
346. Harry Patrick Galloway Home Health Care Agency Route 1 Cobb, Georgia 31735
347. Judi Rogers Georgia Retail Association 5A5 Atlanta Merchandise Mart Atlanta, Georgia 30303
348. Edwin R. Soeffing Health Insurance Association of America 919 Third Avenue, 28th Floor New York, New York 10022
349. Lauren Swirsky Georgia Abortion Rights Action League 677 Somerset Terrace C-l Atlanta, Georgia 30306
350. FostaJ. Brown AFSCME-Local 1644 AFL-CIO 2001 Martin Luther King Jr. Drive Suite 411 Atlanta, Georgia 30310
351. John C. Royal AFSCME AFL-CIO 376 Taft Place, S.W. Atlanta, Georgia 30315
352. Emma Jean Davis A. Philip Randolph Institute 510 Muse Street Atlanta, Georgia 30310
353. Denise McLaughlin Georgia Abortion Rights Action League (GARAL) 31 Roanoke Avenue, NE Atlanta, Georgia 30305

3904

JOURNAL OF THE SENATE

354. Preston B. Bussey Power Business Brokers Sports Broadcasters Common Cause 2063 Powder Springs Road Marietta, Georgia 30064
355. Louise Bill Georgia Alliance for Prison Alternatives 75 Marietta Street Atlanta, Georgia 30303
356. Monroe M. Smith, Jr. CWA Local 3204 279 Logan Street Atlanta, Georgia 30310
357. Laurie Hughes CWA Local 3204 279 Logan Street Atlanta, Georgia 30310
358. Tommy Dye Amalgamated Transit Union--732 1468 Patricia Drive Morrow, Georgia 30260
359. Ralph Green Amalgamated Transit Union--732 757 Flat Shoals, SE Atlanta, Georgia 30316
360. Robert Shig Porter Memorial Medical Center--Savannah Post Office Box 23089 Savannah, Georgia 31403
361. Marion G. Adams Brown Lung Association 1047 Center Street Columbus, Georgia 31901
362. Dr. Ed Martin Georgia School Food Service Association, Inc. Post Office Box 38293 Atlanta, Georgia 30334
363. Rusty Kidd Medical Association of Georgia 938 Peachtree Street Atlanta, Georgia 30309
364. Jack Nugent Retired Officers Association 4337 LaFayette Lane College Park, Georgia 30337

FRIDAY, MARCH 26, 1982

3905

365. John W. Callaway Georgia Retired Officers Association 165 Rue Fontaine Decatur, Georgia 30038
366. Claudette McCray Lobbying Americans 3126 Desert Drive, #5 East Point, Georgia 30344
367. J. Larry Williams Distilled Spirits Council of the U.S., Inc. Route 3, Box 207 Cairo, Georgia 31728
368. W. H. Hosch Bank of the South, N.A. Post Office Box 4387 Atlanta, Georgia 30302
369. KathyT. Chaffin Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia 30309
370. Gen. Eugene A. Salet Georgia Military College 20 lE.Greene Street Milledgeville, Georgia 31061
371. InezL. Hawkins Georgia Military College 20 lE.Greene Street Milledgeville, Georgia 31061
372. John P. Gartin State Farm Insurance Company 266 S. Orr Normal, Illinois 61761
373. James M. Christian CIBA-BEIGY Corp. 4439 Shelborne Drive Dunwoody, Georgia 30338
374. Sue F. Watkins Georgia State Association of Life Underwriters 3100 Peachtree Summit Atlanta, Georgia 30365
375. J. P. Stevens First National Bank--Atlanta Post Office 4148 Atlanta, Georgia 30302

3906

JOURNAL. OF THE SENATE

376. Elouise K. Miller Miller Bonding Company 1166 Jefferson Street, N.W. Atlanta, Georgia 30318
377. Charles E. Campbell Mibile Communications Corporation of America 2485 Dellwood Drive, N.W. Atlanta, Georgia 30305
378. Conrad M. Fowler West Point Pepperell Box 71 West Point, Georgia 31833
379. Jessie S. Walker Georgia School Food Service Association 3951 Snapfinger Parkway, #585 Decatur, Georgia 30035-3295
380. Harold B. Hodgson, Jr. Georgia Pharmaceutical Association 1650 S. Lumpkin Street Athens, Georgia 30606
381. LarryL. Braden Georgia Pharmaceutical Association 2520 Carroll Avenue Atlanta, Georgia 30341
382. M. C. Petersen Gilman Paper Company Box 878 St. Marys, Georgia 31558
383. James Robert Buddin Georgia Society of Professional Engineers Two Northside 75 Suite 212, Beta Building Atlanta, Georgia 30318
384. John T. Mitchell Mercer University 1400 Coleman Street Macon, Georgia 31207
385. Andrew Young City of Atlanta 68 Mitchell Street, SW. City Hall Atlanta, Georgia 30335

FRIDAY, MARCH 26, 1982

3907

386. Mary M. Boyert Georgia Right to Life Committee, Inc. Post Office Box 49211 Atlanta, Georgia 30359
387. Retry Bowen Atlanta Association for Retarded Citizens 1687 Tully Circle Suite 110 Atlanta, Georgia 30329
388. William D. Padgett Trust Company of Georgia Post Office Box 4418 Atlanta, Georgia 30302
389. Rev. Ted Clark Self 1717 Centra Villa Drive A-10 Atlanta, Georgia 30311
390. Marcellus Roby Self 280 East Lake Boulevard Atlanta, Georgia 30317
391. Esther Lefever Cabbagetown 190 Boulevard, S.E. Atlanta, Georgia 30312
392. Chip Spradley Georgians Against Smokers Pollution 3093 Dove Way Decatur, Georgia 30033
393. Hershel W. Farmer Seaboard Coast Line Railroad Post Office Box 1779 Atlanta, Georgia 30303
394. Victor]. Impeciato Georgia Hospitality and Travel Association 1500 Peachtree Battle Avenue, N.W. Atlanta, Georgia 30327
395. Jim Martin Citizens Participation in Government Project Self Suite 810 161 Spring Street Atlanta, Georgia 30306

3908

JOURNAL OF THE SENATE

396. Edwin B.Topmiller Georgia Sport Shooting Association Post Office Box 9748 Atlanta, Georgia 30319
397. Alfred T. Pitman Georgia Federal Savings 241 Peachtree Street Atlanta, Georgia 30303
398. Daniel I. Maclntyre Georgia Land Development Association 1750 Peachtree Street Suite 275 Atlanta, Georgia 30309
399. Joe F. Ragland Columbus Chamber of Commerce 6101 River Road Columbus, Georgia 31904
400. Dr. Don Albinger Georgia Fraternal Congress 4757 Manly Court Stone Mountain, Georgia 30088
401. Elizabeth A. McGown Senior Citizens Advocacy Project 151 Spring Street, N.W. Atlanta, Georgia 30335
402. James L. Conn Georgia Industrial Developers Association 320 Pony Tail Road Alpharetta, Georgia 30201
403. Patricia M. Smith Georgia Association for Retarded Citizens 2095 Kinridge Court Marietta, Georgia 30062
404. Thomas J. Harrold, Jr. Motion Picture Association of America Fain & Associates Equitable Life Assurance Society Suite 200 Peachtree and Broad Building Atlanta, Georgia 30343
405. Stanley H. McCalla Georgia Mortgage Bankers Association 351 Valley Green Drive, N.E. Atlanta, Georgia 30342

FRIDAY, MARCH 26, 1982

3909

406. Amos Beasley, Jr. Labors International Union of North America Local 438 1004 Edgewood Avenue, N.E. Atlanta, Georgia 30307
407. Jack S. Schroder, Jr. Georgia Hospital Association 75 Poplar Street, N.W. Atlanta, Georgia 30335
408. Barren Thorpe Georgia Wholesale Grocers Association Georgia Association of Convenience Stores Post Office Box 7776 Macon, Georgia 31209
409. Quinton S. King Georgia Association of Realtors 3950 Paper Mill Road Marietta, Georgia 30067
410. Claude B. Wood Insurance Industry 296 Interstate North Circle Suite 125 Atlanta, Georgia 30339
411. David Phillips Cheney Project R.A.F.T. Cheney Cottage Box 68 Reidsville, Georgia 30453
412. Clyde T. Dameron IAMAW Pine Street Kennesaw, Georgia 30144
413. Earl D. Rector IAMAW, Marietta, Georgia 94 Olive Circle Marietta, Georgia 30060
414. John A. Kendrick IAMAW 2128AustellRoad Marietta, Georgia 30060
415. Thomas W. Mclntosh Common Cause 729 Holmes Street, N.W. Atlanta, Georgia 30318

3910

JOURNAL OF THE SENATE

416. John H. Hill Union Carbide 251 Florida Street Baton Rouge, LA 70801
417. Grady Perry, Jr. Georgia League of Savings Assoc. Suite 507 Standard Federal Building 41 Marietta Street, N.W. Atlanta, Georgia 30303
418. George I. Winn, Jr. United Transporation Union Post Office Box 69 Manchester, Georgia 31816
419. A. B. Reddick Allstate Insurance Company 5500 Interstate North Parkway Atlanta, Georgia 30328
420. Marcus Bergh Prudential 2742 Holly Ridge Drive Orange Park, Florida 32073
421. Robert E. Simmons Tift County Chamber of Commerce Post Office Box 165 Tifton, Georgia 31794
422. Tasso L. Knight CWA Local 3204 1602 Dresden Drive, N.E. Atlanta, Georgia 30319
423. Ronald L. Cain Local Union 7731 United Steel Workers of America Post Office Box 159 Perry, Georgia 31069
424. Herbert C. Green United Auto Workers 6108 Spalding Drive Norcross, Georgia 30092
425. FloydE.Doolittle National Association for Advancement of Children's Rights 246 Sycamore Street, #240 Decatur, Georgia 30030

FRIDAY, MARCH 26, 1982

3911

426. Ruby Thompson Atlanta Association of Education 201 Ashby, Suite 212 Atlanta, Georgia 30314
427. Conrad Sechler Georgia Consumer Finance Assoc. Tucker Federal Savings & Loan Assoc. Central Underwriter's Inc. 2355 Main Street Tucker, Georgia 30084
428. Comer B. Lingo Brown Lung Association 4108 2nd Avenue Columbus, Georgia 31904
429. Johnnie Floyd Brown Lung Association Route 1, Box 24 Cussetta, Georgia 31805
430. Daisy Lee Lassiter Brown Lung Association 314 28th Street, Apartment 2 Columbus, Georgia 31904
431. James C. Thompson United Auto Workers 1280 Winchester Park Suite 131 Smyrna, Georgia 30080
432. Roger Sharrock Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
433. JohnT. Anderson Babcock & Wilcox 1712Greenway Augusta, Georgia 30909
434. Mary B.Hubert Brown Lung Association 1123 12th Avenue Augusta, Georgia 30901
435. Inez B. Rivers Brown Lung Association 1932 Gay Drive Augusta, Georgia 30906

3912

JOURNAL OF THE SENATE

436. Bobbie J. Sharp Georgia Association of Educators 1190 Lynway Lane, S.W. Atlanta, Georgia 30311
437. Andy Owen American Insurance Association 1200 Peachtree Center South Tower Atlanta, Georgia 30303
438. Gerald N. Brunson Merck Sharp & Dohme 4940 Windhaven Court Atlanta, Georgia 30338
439. Carl Martin U.S. Brewers Association, Inc. 2965 Flowers Road, South Suite 133 Atlanta, Georgia 30341
440. LeaAdler CWA Local 3204 5132VermackRoad Dunwoody, Georgia 30338
441. ShirleyC.Webb CAW Local 3204 3601 Windmill Road Ellenwood, Georgia 30049
442. Thomas B. Glaser Savannah Area Chamber of Commerce 301 West Broad Street Savannah, Georgia 31499
443. Oliver W. Green Amalgamated Transit Union 4726 Kinberleigh Road Baltimore, Maryland 21212
444. Charles Dubyak Crawford County Route 1, Box 188 Roberta, Georgia 31078
445. David J. Moncrief Crawford County Commissioners Route 1, Box 85-5 Roberta, Georgia 31078
446. John Hutto Crawford County Route 2 Fort Valley, Georgia 31030

FRIDAY, MARCH 26, 1982

3913

447. Joel C. Grogan Atlanta Federation of Teachers Local 1565 627 Cumberland Road, N.E. Atlanta, Georgia 30306
448. Barbara S. Barnes Lobbying Americans 931 Woodland Avenue, S.E. Atlanta, Georgia 30316
449. Billy L. Adams Georgia Farm Equipment Assoc. 428 Academy Avenue Dublin, Georgia 31021
450. William E. Renouf Associates Corporation of North America 3395 N.E. Expressway Suite 350--Dartmouth Building Atlanta, Georgia 30341
451. Leila Cheney-Pettway Georgia Federation of Teachers American Federation of Teachers AFL-CIO 2837 Boulevard Drive, S.E. Atlanta, Georgia 30317
452. MardellM. Holman Common Cause 718 E. Ponce de Leon Avenue Decatur, Georgia 30030
453. William M. Bates Interstate Paper Corp. Moorehouse School of Medicine Suite 812 161 Spring Street, N.W. Atlanta, Georgia 30303
454. William Edward Twilley, Jr. International Paper Company Post Office Box 528 Georgetown, South Carolina
455. John Morse Kelly, Jr. Atlanta Film Craftsmen 834 Briarcliff Road, #6 Atlanta, Georgia 30306
456. Alfred C. Kammer Senior Citizens Advocacy Program 151 Spring Street, N.W. Atlanta, Georgia 30335

3914

JOURNAL OF THE SENATE

457. Lynda C. Gwaltney Agent Orange Victims of Atlanta Georgia Assoc. of Vietnam Veterans 5058 Park Avenue Forest Park, Georgia 30050
458. Bernice G. Hancock Agent Orange Victims of Atlanta 9265 Thornton Boulevard Jonesboro, Georgia 30236
459. Lindsay R. Roux Georgia Assoc. of Vietnam Era Veterans 893 Greenwood Avenue, N.E. Apartment 9 Atlanta, Georgia 30306
460. Patty Partin Georgia PTA 210 Indian Trail, N.E. Dalton, Georgia 30720
461. Joe W. Andrews, Jr. Southern Association Services Home Builders Association of Georgia Georgia Industrial Loan Association Georgia Jewelers Association Georgia Dairy Products Association Georgia Independent Meat Packers Assoc. Cole National Corp. Georgia Association of Tax Officials Post Office Box 801 Macon, Georgia 31202
462. Emory C. Parrish Georgia Department of Transportation 3389 Dunn Street Smyrna, Georgia 30080
463. Charles L. Skinner Georgia Motor Trucking Assoc., Inc. 500 Piedmont Avenue, N.E. Atlanta, Georgia 30308
464. Terry Dean Jackson Self 2711 RamseyRoad Columbus, Georgia 31903
465. Francis E. Gardner, Jr. Self 7588 Nature Trail Columbus, Georgia 31904

FRIDAY, MARCH 26, 1982

3915

466. George E. Stanton, Ph.D. Self 4123 Steam Mill Road Columbus, Georgia 31907
467. William S. Birklead Self Post Office Box 442 Hamilton, Georgia 31811
468. William J. Frazier, Ph.D. Self 1421 Eberhardt Avenue Columbus, Georgia 31906
469. David R. Schwimmer, Ph.D. Self 2407 18th Avenue Columbus, Georgia 31901
470. RosalynM. Harbuck Georgia Health Care Association Route 2, Box 575 Forsyth, Georgia 31029
471. George T. Hunt, III Georgia Health Care Association 3735 Memorial Drive Decatur, Georgia 30032
472. Lavoy Johnson Citizens United for Research & Education Georgia Association of Christian Schools 1074 Rock Chapel Road Lithonia, Georgia 30058
473. Jim Newman Southern Bell 125 Perimeter Center-West Atlanta, Georgia 30346
474. H. Glenn Anthony Georgia Forestry Association 709 Cain Tower Peachtree Center Atlanta, Georgia 30303
475. Robert T. Smith Homebuilders Association of Georgia 9360 Northlake Drive Roswell, Georgia 30076
476. Leslie E. Jones Georgia Association of Realtors 3053 Habersham Road, N.W. Atlanta, Georgia 30305

3916

JOURNAL OF THE SENATE

477. Sue Ella Deadwyler Eagle Forum Georgia Insight 4168 Rue Antoinette Stone Mountain, Georgia 30083
478. James A. White Homebuilders Association of Georgia Georgia Second Mortgage Lenders Association Southern Association Services, Inc. 230 W. Lanier Avenue Suite D Fayetteville, Georgia 30214
479. James W. Kittrell Family Lines Rail System 1590 Marietta Boulevard, N.W. Atlanta, Georgia 30318
480. D. Boyd Yarley, Jr. Blue Cross of Georgia/Columbus Blue Shield of Georgia/Columbus Post Office Box 7368 Columbus, Georgia 31908
481. Stephen A. Ball, Jr. Tobacco Tax Council/Tobacco Institute 3894 Foxford Drive Doraville, Georgia 30340
482. Jeffrey D. Mclntyre Citizens Participation in Government Project Self 161 Spring Street, N.W. Atlanta, Georgia 30303
483. J. R. Cullens National Outdoor Advertising-3M Georgia State Bar Glenmore Distilleries Company Georgia Trial Lawyers Association Monarch Wine Company Post Office Box 326 Cartersville, Georgia 30120
484. Ben E.Harwell Home Builders Association Metro Atlanta, Inc. 2009 D. Montreal Road Tucker, Georgia 30084
485. Julie Childs Junior League of DeKalb County Suite 200 66 Luckie Street, N.W. Atlanta, Georgia 30043

FRIDAY, MARCH 26, 1982
486. Lithangia S. Robinson Georgia Association of Educators 2880 Valley Heart Drive, N.W. Atlanta, Georgia 30318
487. Allan R. Roffman Federal Land Bank of Columbia 126 E. Washington Street Madison, Georgia 30650
488. David H. Flint Outdoor Advertising Association of Georgia 935 Ivy Falls Drive, N.W. Atlanta, Georgia 30328
489. John N. Booth Southern Bell Telephone and Telegraph Company 125 Perimeter Center Atlanta, Georgia 30346
490. Brian Johnston General Telephone Company Suite 101 320 Interstate North Atlanta, Georgia 30339
491. Henry P. Zimmer United Way of Metro Atlanta 100 Edgewood Avenue Atlanta, Georgia 30371
492. Sheila Abercrombie Self 2903 Vogue Drive Douglasville, Georgia 30135
493. J. R. Smith Georgia Motor Truckers Association Post Office Box G Barnesville, Georgia 30204
494. Gwen B. Metzger Self 1478 Diamond Head Drive Decatur, Georgia 30033
495. Bobby L. Fuse, Jr. Self 1379 Westboro Drive, SW Atlanta, Georgia 30310
496. James M. Warren Georgia Association of Notaries 111S. Monroe Street Dublin, Georgia 31021

3917

3918

JOURNAL OF THE SENATE

497. Michael A. Roman, Jr. Georgia Association of Viet Nam Era Veterans 2235 Plaster Road Apartment 35 Atlanta, Georgia 30345

498. James M. Stewart Georgia Health Care Association Post Office Box 148 Pineview, Georgia 31071

499. Bobby Garmon Georgia Association of Educators Route 4, Box 144 Dahlonega, Georgia 30533

500. Glenda D. Foy Georgia Association of Educators 201 Ashby Street, N.W. Atlanta, Georgia 30314

501. Howard T. Overby

;

Georgia Poultry Federation

;

Post Office Box 636

Gainesville, Georgia 30503

502. H. M. "Bo" Tinsley Machinists--Local Lodge 1690 4362 Thurmond Road Forest Park, Georgia 30050

503. M. B. (Mike) Drake Machinists--Local Lodge 1690 4362 Thurmond Road Forest Park, Georgia 30050

504. Elizabeth M. Hess International Service Agencies 1577 Harbour Oaks Road Tucker, Georgia 30084

505. Carl Parks Allstate Allstate Plaza E5 Northbrook, Illinois 60062

506. Lillian D. H. Pettaway

Georgia State Employees Association

;

2449 Sumac Drive

;

Augusta, Georgia 30906

FRIDAY, MARCH 26, 1982
507. Stanley S. Jones, Jr. Hospital Corporation of America Georgia Alliance of Children Mental Health Section, State Bar of Georgia 1900 Rhodes Haverty Building Atlanta, Georgia 30343
508. John Jay MeArthur Clarke County Burbon Street, Inc. Post Office Box 8026 Athens, Georgia 30603
509. David L. Bryant Lobbyist of America 133 Luckie Street Suite 308 Atlanta, Georgia 30303
510. William J. Shipley Education Committee, Georgia Association of Retarded Citizens 1380 Indian Trail, N.W. Atlanta, Georgia 30327
511. John O. Ambler Texaco, Inc. 1911 Noble Creek Drive, N.W. Atlanta, Georgia 30327
512. Willis B. Cowley Self One Fairfield Place Avondale, Georgia 30032
513. Jay S. Ricketts Association of County Commissioners of Georgia 1201 Rhodes Haverty Building Atlanta, Georgia 30303

3919

3920

JOURNAL OF THE SENATE

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Your Committee on Enrolling and Journals has read and examined the follow ing bills and resolutions of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for tranmission to the
Governor:

SB 666. SB 207. SB 227. SB 430. SB 468. SB 477. SB 482. SB 446. SB 498. SB 517. SB 538. SB 546. SB 550. SB 581. SB 583. SB 700. SB 83. SB 312. SB 417. SB 458. SB 470. SB 471. SB 479. SB 491. SB 528. SB 601. SB 603. SB 642. SB 652. SB 692. SB 701. SB 147. SB 165. SB 343. SB 344. SB 463. SB 469. SB 547. SB 664. SB 689. SB 197. SB 476. SB 509. SB 540. SB 549.

SB 628. SB 634. SB 635. SB 654. SB 714. SB 746. SB 752. SB 770. SB 773. SB 480. SB 499. SB 503. SB 505. SB 560. SB 608. SB 611. SB 617. SB 622. SB 629. SB 630. SB 631. SB 633. SB 636. SB 637. SB 659. SB 667. SB 686. SB 687. SB 688. SB 709. SB 710. SB 716. SB 728. SB 751. SB 755. SB 756. SB 775. SB 720. SB 4. SB 511. SB 579. SB 616. SB 624. SB 651. SB 663.

SB 703. SB 717. SB 726. SB 729. SB 759. SB 760. SB 764. SB 769. SB 776. SB 253. SB 364. SB 379. SB 464. SB 522. SB 558. SB 564. SB 660. SB 678. SB 698. SB 713. SB 737. SB 757. SB 771. SB 777. SB 778. SB 779. SB 208. SB 497. SB 500. SB 502. SB 506. SB 592. SB 604. SB 620. SB 639. SB 644. SB 655. SB 684. SB 742. SB 747. SB 758. SB 782. SB 60. SB 325. SB 485.

SB 582. SB 584. SB 590. SB 596. SB 602. SB 623. SB 626. SB 632. SB 650. SB 653. SB 662. SB 669. SB 680. SB 715. SB 735. SB 666. SB 78. SB 142. SB 457. SB 489. SB 519. SB 523. SB 531. SB 551. SB 552. SB 555. SB 567. SB 593. SB 599. SB 661. SB 683. SB 685. SB 693. SB 696. SB 711. SB 730. SB 774. SB 780. SR 120. SR 225. SR 229. SR 249. SR 38. SR 275. SR 294.

SR 309. SR 320. SR 324. SR 333. SR 171. SR 250.

FRIDAY, MARCH 26, 1982

SR 271. SR 281. SR 292. SR 293. SR 310. SR 330.

SR 226. SR 274. SR 321. SR 346. SR 266. SR 29.

3921
SR 227. SR 264. SR 270. SR 340. SR 267.

Respectfully submitted, Is/ Ed Barker, Chairman
Senator, District 18
The President announced at 10:18 o'clock P.M. that, pursuant to the provisions of SR 428, the Senate would now stand adjourned sine die.

Senate Journal Index
1982
Regular Session

INDEX

3925

PARTI SENATE BILLS AND RESOLUTIONS

SB 4--Juvenile Court Judge; election and terms

of office ..................................... 3822, 3823, 3920

SB 5--Industrial Life Insurance;

provisions for issuing policies ................... No action in 1982

SB 6--Trial; provisions relating to absence

of defendant................................. No action in 1982

SB 7--State Records Committee;

change provisions relating to court records .................. 28, 30

SB

8--Fair Market Value of Property; define in Revenue Code

for ad valorem tax purposes. .................... No action in 1982

SB 10--Pharmacy Code; penalty provisions for unlawful use

of drug related objects ........................... No action 1982

SB 16--Veterans in Nursing Homes; Department may collect

fees for services rendered ...................... No action in 1982

SB 20--Precious Metals; regulate dealers ................ No action in 1982

SB 24--State Indemnification Commission;

change membership. .......................... No action in 1982

SB 25--Emergency Medical Technicians; authorized to use flashing

lights on vehicles, certain cases .................. No action in 1982

SB 28--Violent and Disorderly Acts; prevention efforts by

alcoholic beverage dealers...................... No action in 1982

SB 34--Criminal Cases; procedures for

setting aside a conviction....................... No action in 1982

SB 37--Alimony, Child Support;

life insurance required ................... No Senate action in 1982

SB 38--Motor Vehicle Safety Responsibility Act;

liability insurance requirements ................. No action in 1982

SB 46--Forest Fire Protection Compact; Forestry Commission

Director serve as administrator for Georgia ........ No action in 1982

SB 47--State Conservation Division;

repeal provisions relating to suits ................ No action in 1982

SB 49--Prisoners; change provisions relating

to earned time allowance....................... No action in 1982

SB 50--Prisoners; time limitations for retrial,

certain cases. ................................ No action in 1982

SB 53--State Employees Contracting Tuberculosis;

compensation. ............................... No action in 1982

SB 55--Health Insurance for State Employees; continued coverage

after resignation for certain 65 year olds ........... No action in 1982

SB 56--State Merit System; provisions relating to employees

involved in reduction in force ................... No action in 1982

SB 57--Workers' Compensation Benefits; supplemental compensation

for State officers and employees ................. No action in 1982

SB 58--Employees' Retirement System; former

North Georgia Mountains Authority employees

purchase credit. .............................. No action in 1982

SB 59--Moving Expenses, State Employees Transferred;

reimbursement provisions. ..................... No action in 1982

SB 60--Probate Court Judges Retirement;

benefits for surviving spouses ...... 971, 1076, 1178, 1180, 3088, 3920

3926

INDEX

SB 62--License Plates; free to veterans who have been prisoners of war ..................... No action in 1982
SB 63--Adequate Program for Education (APEG); delete provisions relating to computing certain mileage for school buses ........................... No Senate action in 1982
SB 64--Grates Installed on Public Roadways; accommodate bicycles......................... No action in 1982
SB 65--Delinquent Property Tax; publication of names of taxpayers ................................. No action in 1982
SB 66--Trial Judges and Solicitors Retirement Funds; transfer of credits, provisions on disability................ No action in 1982
SB 67--Capital City Safety Assistance Committee; create ................................ No Senate action in 1982
SB 68--General Assembly Members; retirement credit to local systems, certain circumstances ............ No Senate action in 1982
SB 72--Income Tax; credits for employing handicapped persons .......................... No action in 1982
SB 73--Board of Examiners for Registered Professional Sanitarians; voting authority of consumer member. ...... No Senate action in 1982
SB 74--Handicapped Parking Law; provisions for institutional permits. .......................... No action in 1982
SB 75--Educational Loans; students in long-term health care nursing programs eligible ...................... No action in 1982
SB 76--Medical Assistance Act; provisions on time limitations on claims .......................... No action in 1982
SB 77--Motor Vehicles; procedure for handling violations ...................... No Senate action in 1982
SB 78--Superior Court Judges Retirement System; change certain provisions ...... 1245, 1311, 1402, 1419, 3811, 3829, 3844, 3845, 3920
SB 81 --Motor Vehicle Registration and Licensing; penalty for failure to apply. ..................... No action in 1982
SB 83--Defenses Against Torts; immunity from liability for assistance in dangerous incidents involving compressed gases. ............ 366, 464, 465, 1650, 1728, 2209, 3920
SB 90--State Officials; compensation of Attorney General, change ........................ No Senate action in 1982
SB 92--Election Code; unlawful campaign practices, relating to voter registrars and superintendents ........ No Senate action in 1982
SB 94--Election Code; provide for restoration of rights of person convicted of crimes ..................... No action in 1982
SB 95--Felons; eligible to hold public office if rights have been restored....................... No action in 1982
SB 96--Precious Metals; melting equipment possession prohibited. ................... No Senate action in 1982
SB 97--Master and Servant; certain payments operate as release from claims, repeal criminal negligence section on railroad employees....................................... 109
SB 98--Discrimination in Employment Due to Age; change upper age limit in Act. ................... No action in 1982
SB 103--Kosher Food; requirements relating to advertising ..................... 1308, 1394, 1722, 1746
SB 104--Medical Assistance Act; disclosure of confidential information unlawful. ............... No action in 1982
SB 106--Precious Metals; regulate dealers ................ No action in 1982

INDEX

3927

SB 107--Public School Employees Retirement System; benefits at 62 years of age with 30 years of service .......... No action in 1982
SB 109--Sales of Surplus State Property; change certain requirements .................... No action in 1982
SB 110--Bond for Public Contractors; change in contracts with State, counties and cities ............. No Senate action in 1982
SB 112--Secretary of State; prepare and distribute Administrative Bulletin and Code. ............... 247, 304, 376, 388
SB 113--Urban and Primary Highways; policies for expenditures for property acquisition ............. No action in 1982
SB 117--Universities; tuition equalization grants, change definitions ...................... No action in 1982
SB 119--Admissible Evidence; testimony of witness relating to character of person.................... No Senate action in 1982
SB 121--Criminal Procedure; demand for trial by accused, written notice to prosecuting attorney . ........ No Senate action 1982
SB 123--Board of Pharmacy; add two members ............ No action in 1982 SB 124--Public Telecommunications Commission; create .... No action in 1982 SB 125--Motor Vehicle Certificate of Title Act; delivery time
for notice of a security interest. .................. No action in 1982 SB 132--Real Estate; borrower and lender, right to
select attorney............................... No action in 1982 SB 135--State Employees' Health Insurance Plan;
redefine employee ............................ No action in 1982 SB 137--Teachers' Retirement System; sick leave
provisions. .................................. No action in 1982 SB 139--Medical Assistance Act; prevention of
conflicts of interest...................... No Senate action in 1982 SB 140--Development Authority Act; per diem
paid to members. ............................. No action in 1982 SB 142--Liquid Petroleum Products; relating to
blasting near underground pipes ................. 3708, 3733, 3920 SB 144--Fulton County Employees Pensions;
prior service credit............................ No action in 1982 SB 147--Baldwin County Small Claims Court;
jurisdiction, court costs. ........................ 1435, 1668, 3920 SB 150--Superior Court Clerks; provide for
election to office. ............................. No action in 1982 SB 153--Motor Vehicle Certificate of Title;
exempt vehicles ten or more years old. ............ No action in 1982 SB 156--Teachers' Retirement System; determination
of certain rates of interest ...................... No action in 1982 SB 158--Legislation; additional requirements for
fiscal notes on legislation ....................... No action in 1982 SB 162--Executions; prohibit minors from
witnessing. ............................ No Senate action in 1982 SB 163--Fulton County Employees' Retirement
Plan of 1981; provide ...................................... 90 SB 165--Fulton County Board of Commissioners;
maximum amount of compensation ............... 2761, 2896, 3920 SB 166--Teachers' Retirement System;
definition ................................... No action in 1982 SB 167--Employees' Retirement System;
definition ................................... No action in 1982

3928

INDEX

SB 168--Public School Employees' Retirement System; definition ............................ No action in 1982
SB 169--Peace Officers' Annuity and Benefit Fund; collection of moneys .......................... No action in 1982
SB 170--Trial Judges and Solicitors Retirement Fund; definition .............................. No action in 1982
SB 171--Firemen's Retirement System; definition ................................... No action in 1982
SB 172--Probate Judges' Retirement System; acceptance of gifts or grants. .................... No action in 1982
SB 173--Sheriffs' Retirement System; change certain provisions. ............................ No action in 1982
SB 174--Superior Court Clerks' Retirement System; acceptance of gifts or grants. .................... Noactionin 1982
SB 175--District Attorneys' Retirement Fund; audits ...................................... No action in 1982
SB 176--Superior Court Judges' Retirement Fund; audits ...................................... No action in 1982
SB 177--Superior Court Judges' Retirement System; definition ................................... No action in 1982
SB 178--District Attorneys' Retirement Fund; definition ................................... No action in 1982
SB 179--Legislative Retirement System; definition ................................... No action in 1982
SB 180--Fiscal Standards Act of Public Retirement System; enact ...................... No action in 1982
SB 181--Prison Reimbursement Act; collection of maintenance costs from prisoners and their estates .............................. No action in 1982
SB 182--Prisoners; confinement at residence, certain circumstances ......................... 366, 443, 572, 573
SB 184--Venue; repeal provision relating to suits against railroad and electric companies. ........... No action in 1982
SB 186--Teachers' Retirement System; sick leave provisions .............................. No action in 1982
SB 187--Employees' Retirement System; transfer of service from other system .................... No action in 1982
SB 188--Teachers' Retirement System; age and service time for benefits. ....................... No action in 1982
SB 190--Prisoners Serving Life Sentence; eligible for parole after serving ten years .............................. No Senate action in 1982
SB 191--Employees' Retirement System; transfer of legislative service .................................... 28, 30
SB 194--Traveler's Convenience Act; provide ............. Noactionin 1982 SB 195--Employees' Retirement System; Agrirama
employees become members. ................... No action in 1982 SB 197--Fulton County Housing Authority;
change membership ................................ 3353, 3920 SB 199--Justice Courts Training Council Act;
define justice of peace ......................... No action in 1982 SB 201--Law Enforcement Officers' Procedural
Due Process Act; enact. ........................ No action in 1982 SB 207--No-Fault Auto Insurance; correlation
of benefits, minimum coverage and proof of insurance. ................................. 1030, 1091, 3920

INDEX

3929

SB 208--Automobile Liability Insurance Policies; limits under motor vehicle safety Act. .................. 3855, 3920
SB 212--Administrative Procedure; evidence standards for judicial review in contested cases. .............................. No action in 1982
SB 216--State Employees, Officials; authorized to work part-time for another agency, certain circumstances ......................... No action in 1982
SB 219--Gasoline Sales to Handicapped Persons; requirements ................................ No action in 1982
SB 221--Public Schools; relating to school days, visiting teachers and social workers .............. No action in 1982
SB 224--Attorneys' Fees; provisions under tax executions .................................. No action in 1982
SB 226--Pilots; increase number licensed for Port of Savannah ............... 28, 30, 115, 160, 187,211,257,261
SB 227--Aggravated Assault; change maximum punishment under Criminal Code. ........ 318, 558, 1102, 1164, 3920
SB 228--Millage Rates for Taxes; determination of by political subdivisions ..................... No action in 1982
SB 230--Revenue Code; increase penalty provisions for delinquent filing and payment of taxes ....................................... No action in 1982
SB 233--Handicapped Persons; discrimination in housing accommodations unlawful. .............. No action in 1982
SB 235--Aircraft Take-Off and Landing Patterns; new Code Chapter ............................ No action in 1982
SB 236--Elected Officials; change filing procedures for campaign reports .......................... No action in 1982
SB 239--Motor Vehicle Safety Inspection Act; change provisions relating to exemptions. .......... No Senate action in 1982
SB 243--Public Service Commission; qualification of member if candidate for other office................................. No Senate action in 1982
SB 244--Licensed Practical Nurses Employed in State Institutions; compensation ................. No action in 1982
SB 247--Tax Exemptions; relating to development authorities. ............................ No Senate action in 1982
SB 248--Baldwin County; alcoholic beverage sales ....................................... No action in 1982
SB 250--Wrecker Services; exempt from business license fee, certain cases. ................................ 28, 30
SB 251--Limitations of Actions for Torts; civil liability of firemen ...................... No Senate action in 1982
SB 253--Adequate Program for Education (APEG); local units, funds for construction ................ 2476, 2587, 3920
SB 254--Sheriffs; receive notice of status of certain hospitalized alcoholics or drug
dependent persons............................ No action in 1982
SB 255--Home Rule for Municipalities; new Code Chapter................................ No action in 1982
SB 256--Home Rule for Counties; new Code Chapter ................................ No action in 1982
SB 262--Fulton County, Special Purpose Grand Juries; change population figures in Act ........................................ No action in 1982

3930

INDEX

SB 263--Fulton County Legal Services Program; change population figures in Act................. No action in 1982
SB 281--Motor Vehicle Operators; report of accident to insurer required. .................... No action in 1982
SB 282--Legislative Services Committee; jurisdiction over Capitol mezzanine rooms. .................. No action in 1982
SB 283--State Capitol Building; assignment of offices and space ............................. No action in 1982
SB 284--Building Authority; enter into contracts, leases and agreements ......................... No action in 1982
SB 285--Probate Judge; absent due to illness or disqualification, may appoint attorney to act................................... No Senate action in 1982
SB 286--Contracts; attorney's fees in notes or instruments ................................. No action in 1982
SB 287--Sales Tax; bracket system used for collection ................................... No action in 1982
SB 291--Power Engineers Licensing Act; regulate the profession, licensing provisions. .............. No action in 1982
SB 293--Civil Defense Personnel; special license tags........................................ No action in 1982
SB 294--Transportation Code; maximum weight of vehicles on city streets ......................... No action in 1982
SB 297--Human Resources Department; authority to rent housing to employees, certain cases. .......... No action in 1982
SB 299--Licensed Practical Nurses; qualifications. ................... 28, 31 SB 306--Criminal Damage to Property; change
limitations. ............................ No Senate action in 1982 SB 308--Adequate Program for Education (APEG);
duty-free lunch period for teachers ............... No action in 1982 SB 310--Confederate Soldiers; repeal certain
Code chapters. ............................... No action in 1982 SB 311--Jury Duty; persons 65 years of age
remain eligible ............................... No action in 1982 SB 312--Insurance Policies; language simplification
standards. ................................... 2834, 2961, 3920 SB 313--Contracts, Written Agreements; simplified
and plain language required ............... 28, 31, 1308, 1402, 1416 SB 315--Superior Court Judge; appointment of
child support receiver. ................... No Senate action in 1982 SB 317--Bail Bond; unlawful to dispose of
property securing, sheriff file certain notice ................................ No Senate action in 1982 SB 318--Vicious Animals; liability for injuries, keepers and owners ..................... No Senate action in 1982 SB 320--Criminal Code; crime of sexual assault, new Code section ....................... No Senate action in 1982 SB 321--Sports Injury or Death on Synthetic Turf; immunity from liability ........................ No action in 1982 SB 322--Dangerous Drugs; forfeiture of money and negotiable instruments in certain circumstances. ......................... No Senate action in 1982 SB 325--Attachment; lien, judgment and execution, new Code chapter ............................. 2892, 3661, 3920 SB 326--Public Building Authorities Law; enact............ No action in 1982

INDEX

3931

SB 327--Jury Duty; exemption for undue hardship, provisions relating to chiropractors ......... No Senate action in 1982
SB 329--Motor Vehicle Inspection; new vehicles exempt from requirements for three years ......... No action in 1982
SB 342--Public Buildings Accessible to Handicapped; definitions, standards. ......................... No action in 1982
SB 343--Chiropractors; qualifications for licensure. ............... 358, 3920 SB 344--State Personnel Board; provisions relating
to adverse actions ...................... 247, 308, 310, 1625, 3920 SB 346--Attorney's Fees; notice requirements in
certain bankruptcy cases ............................ 3693, 3758 SB 349--DeKalb County; rezoning decisions, rights
of landowners ............................... No action in 1982 SB 364--Insurance Information and Privacy Protection;
new Code chapter ............. 302, 368, 464, 468, 3415, 3486, 3920 SB 365--Boilers, Pressure Vessels; inspection and
certification for safety ......................... No action in 1982 SB 366--Calhoun County Small Claims Court;
jurisdiction, fees....................................... 63, 76 SB 367--Chiropractic Students; school requirements
to perform certain tasks........................ No action in 1982 SB 368--Appellate Reports, Laws and Journals; Chief Judge of
Judicial Circuit, powers of distribution ............ No action in 1982 SB 372--Prisoners Under Sentence; time allowed
for transfer .................................. No action in 1982 SB 378--Trappers and Fur Dealers; provisions relating
to unlawful traps ............................. No action in 1982 SB 379--Rates for Types of Insurance; definitions,
rating, agreements. ....................... 3549, 3609, 3863, 3920 SB 380--Commercial Accounts; change rate of
interest charged ........................ No Senate action in 1982
SB 384--Fitzgerald and Ben Hill County Development Authority; provisions relating to bonds. .................... No action in 1982
SB 386--Insurance; provisions relating to rates. ............ No action in 1982 SB 389--Health Code; hospitalization of mentally ill,
certain procedures required. .................... No action in 1982 SB 390--Health Code; hospitalization of alcoholics, drug
dependent persons, procedures. ................. No action in 1982 SB 391--Public Officers, Employees; pay during military
duty ....................................... No action in 1982
SB 394--Regents Board; joint meetings with State Board of Education. ........................... No action in 1982
SB 396--Budget Report to General Assembly; include information on retirement systems ......................... No action in 1982
SB 398--Insurance Commissioner; prohibited from imposing certain fees .......................... No action in 1982
SB 399--Elderly, Handicapped Persons; Human Resources Department develop plan for transportation .................. No action in 1982
SB 400--Coastal Management Board; powers and duties relating to endangered beach areas. ..................... No action in 1982
SB 402--Criminal Procedure; pretrial status of persons charged with offenses, new Code Chapter .................... No action in 1982
SB 403--Public Officials Compensated by Fees or Supplement; certain financial statements required ............. No action in 1982

3932

INDEX

SB 406--Physician-Based Group Health Insurance Plans; provisions. .................................. No action in 1982
SB 408--Criminal Code; redefine armed robbery, penalty provisions ..................................... 28, 31
SB 410--Firearms, Explosive Devices; teaching use of for unlawful purposes prohibited ................... No action in 1982
SB 414--Adequate Program for Education (APEG); certification of teachers ........................ No action in 1982
SB 415--Health Care Facilities for Elderly; exemption from certificate of need requirements ................. No action in 1982
SB 417--Physical Injury by Other than Accidental Means; change requirements on reporting ...................... 2211, 2966, 3920
SP 418--Public Service Commission; utility proceedings, cross-examination of witnesses ........................... 28, 31
SB 422--Discrimination; redefine under Fair Employment Practices Act........................... No Senate action in 1982
SB 429--Election Code; polling places, display flag................... 28, 31 SB 430--City of Guyton; reincorporate. ................... 2834, 2973, 3920 SB 431 --Polk County State Court; compensation of
judge. ...................................... No action in 1982 SB 432--State Agencies; procedure to override a rule by resolution
of the General Assembly ................. No Senate action in 1982 SB 433--Driver's License; suspension provisions relating to
issuing bad checks ............................ No action in 1982 SB 434--Weapons, Motor Vehicle Used in Crime; disposition
provisions. .................................. No action in 1982 SB 435--Fire Safety Standards; duties and powers in counties
of 100,000 or more............................ No action in 1982 SB 439--Transportation Code; trailers, limitations regulations
on twin trailers............................... No action in 1982 SB 440--Advertisement of Judicial Sales; mailing or distribution
of information ............................... No action in 1982 SB 442--Health Care Certificate of Need; considerations relating
to underserved areas .......................... No action in 1982 SB 443--Mortgages; rights and procedures if mortgagee fails to
disburse escrow funds ......................... No action in 1982 SB 445--Criminal Code; eliminate death penalty sentence.... No action in 1982 SB 446--Fulton County Superior Court Clerk; storage of
records .......................................... 1164, 3920 SB 448--Motor Vehicles Used by Railroads; safe condition
and operation................................ No action in 1982 SB 449--City of Fitzgerald; define gross annual income relating to
Water, Light, and Bond Commission. ............. No action in 1982 SB 451--Universities, Colleges; regulate use of tests
for admission ................................ No action in 1982 SB 457--Fulton County Adult Probation Employees; duties
and powers. ................... 2214, 2222, 2516, 3801, 3805, 3920 SB 458--Hall County State Court Judge and Solicitor;
compensation ................................ 2761, 2788, 3920 SB 459--Liens for Services; provisions for services of
professional foresters ...................... 24, 155, 206, 257, 261 SB 460--Revenue Officers; authorized to carry weapons, make arrests ...... 25 SB 461--Criminal Offenders; restitution to victims, bonding
provisions ............................... 25, 248, 305, 376, 395

INDEX

3933

SB 462--Fair Business Practices; administrative and penalty provisions ........................................ 25
SB 463--Gambling; dogfighting unlawful..... 25, 155, 206, 257, 267, 820, 3920 SB 464--Insurance Code; standard valuation and nonforfeiture
provisions, life insurers ........... 25, 302, 368, 464, 491, 2212, 3920 SB 465--Motor Vehicle Safety Inspection Act; repeal
Code section. ........................ 25, 44, 56, 62, 63, 78, 90, 91 SB 466--Game and Fish Code; fishing licenses, honorary to Florida
residents 65 years of age .................... 26, 156,206,257, 269 SB 467--Investigative Grand Juries with Statewide Jurisdiction;
new Code Chapter. ........................ 26, 205, 248, 308, 313 SB 468--Farm Equipment, Tractors; regulate manufacturers, distributors
and dealers.................. 39, 114, 157, 210, 222, 637, 937, 3920 SB 469--City of Donalsonville; recorder's court, change
fine imposed ........................ 39, 87, 103, 116, 1164, 3920 SB 470--Life Sentence Without Parole; provisions for
imposition ................. 39, 88, 104, 120, 121, 2532, 2792, 3920 SB 471--Alcoholic Beverage Sales Prohibited Sundays and
Election Days; change population brackets relating to Cobb County .................. 40, 103, 115, 158, 1726, 3062, 3920 SB 472--Motor Vehicle Safety Inspection Act; repeal .................... 40 SB 473--Youthful Offenders; punishment for misdemeanors and felonies ... 40 SB 474--Official Code of Georgia Annotated; amend to provide for revisions and correction of errors . . 40, 88, 104, 120,122, 553, 581, 842 SB 475--Compensation of State Officials; salaries of judges and district attorneys .......................... 40, 440, 565, 649, 833 SB 476--State Patrol; certain Uniform Division personnel excluded from classified service under Merit System ................... 40, 156, 206, 257, 271, 1854, 1877, 3920 SB 477--Fair Employment Practices Act of 1978; extend life to 1985 ................ 41, 155, 206, 257, 272, 1435, 1619, 3920 SB 478--Offender Rehabilitation Department; personnel subject to polygraph examination, certain cases.......... 41, 156, 207, 257, 274 SB 479--Methaqualone; criminal penalties relating to possession and distribution ............. 41, 88, 104, 120, 128, 2533, 2763, 3920 SB 480--Financial Institutions; reporting of large currency transactions required . . 41, 88, 104, 120, 130, 247, 308, 315, 3088, 3920 SB 481--Criminal Procedure; bail provisions, courts of jurisdiction ............................. 41, 88, 104, 120, 131 SB 482--Criminal Bonds; fees of sureties limited to ten percent................... 42, 88, 104, 120, 132, 636, 823, 3920 SB 483--Uniform Reciprocal Enforcement of Support Act; provisions include foreign governments. ................ 42,115, 157, 210, 234 SB 484--Workers' Compensation; define third-party tortfeasor under employee rights of action ................. 42, 856, 906, 1178, 1185 SB 485--Polygraph Examiners Board; continue until certain date. .................... 42, 115, 157, 210, 236, 3855, 3920 SB 486--Prisoners; change earned-time allowances for inmates and habitual offenders ..................................... 42 SB 487--Credit Reporting Agency; clarify exemption from licensure................................................ 42 SB 488--Natural Resources Department; distribute boat safety provisions to those registering vessel.......................... 43 SB 489--Motor Vehicle License Plates; county decal requirements, obstruction of license prohibited . . 43, 1706, 1833, 2023,
2050,3604,3621,3920

3934

INDEX

SB 490--Dispossessory Proceedings; notice to defendant before writ. ....... 43 SB 491--General Assembly Members; expense allowance
provisions. ................ 52, 103, 116, 160, 193, 1085, 1087, 3920 SB 492--Hazardous Waste Facilities; approval by county in which
located required prior to issuance of permit .................... 52 SB 493--State Employees; paychecks issued preceding work day if
pay period occurs on weekend or holiday. ...... 52, 155, 207, 257, 275 SB 494--Game and Fish; no hunting or fishing license required
of Florida residents over 65 ............................. 53, 156 SB 495--Administrative Procedure Act; amend to change
definition of agency, provisions on invalidation of certain rules. ............................. 53, 155, 207, 257, 276 SB 496--Human Resources Department; authorized to charge fees for certain services..................... 53, 365, 443, 572, 577 SB 497--Applied Psychology; change definition regarding practice. ....................... 53, 204, 249, 308, 319, 2211, 3920 SB 498--Licensed Practical Nurses Board; change termination date. ................ 53, 204, 249, 308, 320, 1070, 3920 SB 499--Sunset Law; change termination date of Board of Nursing ..................... 53, 205, 249, 308, 321, 2833, 3920 SB 500--Human Resources Department; provisions for variances from certain rules and regulations ... 54, 1244, 1311, 1402, 1436, 3855, 3920 SB 501--Long-Term Care Facilities; delete rights of residents to private room and sitter ........................... 54 SB 502--Sunset Law; change termination date of Board of Barbers. ..................... 54, 205, 249, 308, 322, 2833, 3920 SB 503--Community Service by Certain Offenders; establish as condition of probation .......... 54, 366, 443, 572, 589, 2212, 3920 SB 504--Motor Vehicle Accident Insurance; increase in premium prohibited, certain circumstances .................... 54 SB 505--Civil Cases; verdict of jury not required if parties consent to judgment. ..... 55, 857, 907, 1081, 1086, 3089, 3920 SB 506--Homicide by Vehicle; persons charged, suspension of driver's license ............... 55, 641, 858, 916, 932, 2421, 2443,
2755, 2787, 3272, 3569, 3867, 3920 SB 507--Public Holidays; change observance ...................... 55, 247 SB 508--Prisoners; change maximum amount of earned-time
allowances ........................................... 55,90 SB 509--Game and Fish; taking game by falconry, revise
the season. ..................... 60, 156, 207, 257, 278, 1069, 3920 SB 510--State Employees; discipline of subordinate for contact
with General Assembly member prohibited. .... 61, 155, 207, 257, 279 SB 511--Pornographic Materials; distribution or display
to minor unlawful. ...... 73, 1173, 1246, 1319, 1320, 3757, 3796, 3920 SB 512--Game and Fish; use of certain trapping devices
near dwelling prohibited. .................. 73, 857, 907, 980, 1035 SB 513--Highways; permits for trimming vegetation near
outdoor advertising......................... 73, 89, 105, 120, 133 SB 514--Highways; duties of State Patrol and law
enforcement agencies .................... 73, 905, 972, 1082, 1114 SB 515--Camping Fees, State Parks; discount to
senior citizens ........................ 82, 1831, 1921, 2024, 2080 SB 516--Special Purpose Grand Jury; Code provisions
include consolidated city-county governments .................. 82

INDEX

3935

SB 517--Podiatrists; include as practitioner under pharmacy and controlled substances Code sections . 82, 205, 249, 308, 323, 1823, 3920
SB 518--Sunset Law; procedure by agencies relating to performance audits ..................................... 83
SB 519--Driver's License; suspension provisions for operators 16 and 17 years with conditional license. ................... 83, 367, 443, 572, 594, 3604, 3647, 3920
SB 520--Chiropractors; authorized to sign death and health certificates......................................... 83
SB 521--Criminal Procedure; judge may direct convicted felon to serve sentence in county institution ......... 83, 115, 157, 210, 237
SB 522--Civil, Criminal Cases; court postponement granted if counsel must be in another court ........... 83, 155, 207, 257, 280, 3065, 3084, 3271, 3328, 3920
SB 523--Bonds Issued by Local Governments; eliminate interest rate ceiling. .............. 84, 247, 305, 376, 401, 3854, 3920
SB 524--Clerk of Court; custody and control of evidence in civil or criminal actions. .................. 84, 115, 158,210,238
SB 525--Marriage License Fees; portion designated to fund family violence shelters ............ 84, 115, 158, 211, 257, 258
SB 526--Crimes Against the Person; establish crime of feticide ............................................... 84
SB 527--Controlled Substances; forfeitures, procedure and custody ............................................. 84
SB 528--Sheriffs; minimum salaries. ......... 85, 248, 305, 376, 402, 429, 464, 539, 2533, 2782, 3089, 3920
SB 529--Agricultural Commodity Commissions; compensation of members .......................... 85, 114, 158,211,257,258
SB 530--Federal Block Grants; state agency procedure for reports, hearings and legislative review ..................... 85
SB 531--Probation System; counties over 400,000 may become part of state-wide system .............. 85, 366, 443, 572, 599, 3707,
3730, 3863, 3920
SB 532--Sunshine Law; General Assembly come within provisions, advance notice of meetings required... 85, 441, 566, 649, 835, 954, 955
SB 533--Sunshine Law; General Assembly come within provisions, change certain requirements............. 86, 441, 566, 649, 865, 867
SB 534--Sunshine Law; General Assembly come within provisions, change provisions relating to attorney-client relationship . 86, 441, 566,
649, 865, 875, 896 SB 535--Legislative Retirement System; provisions on return
to State service after receiving benefits. .... 86, 1245, 1312, 1402, 1450 SB 536--Teachers' Retirement System; county school teachers
be members after July 1, 1984 ............................... 86 SB 537--Firemen's Retirement System; provisions
governing eligibility ....................................... 86 SB 538--Criminal Procedure; sentence review,
exemptions. ................. 95, 205, 249, 308, 323, 636, 803, 3920 SB 539--Garnishment; change certain procedures ... 95, 1633, 1707, 1845, 1854 SB 540--Sunset Law; change termination date of Board of
Occupational Therapy ............ 95, 205, 250, 308, 324, 2212, 3920 SB 541--Controlled Substances; forfeitures, disposition of
money and currency ......... 95, 1311, 1394, 1655, 1723, 1803, 1820 SB 542--Superior Court Judges' Retirement; senior judges, provisions
relating to resignation to practice law ..... 96, 565, 642, 866, 980, 1036

3936

INDEX

SB 543--Income Tax; setoff debt collection on refunds, claimant agency include education authorities .......... 96, 302, 368, 464, 516
SB 544--Teachers' Retirement System; define creditable service........... 96 SB 545--Employees' Retirement System; redefine Board of Trustees........ 96 SB 546--Hancock County; tax commissioner,
compensation .......... 96, 154, 208, 254, 302, 372, 1854, 1873, 3920 SB 547--Hancock County; probate court judge and superior court
clerk, compensation ..... 96, 154, 208, 254, 302, 373, 1854, 1871, 3920 SB 548--Employees' Retirement System; membership rights,
local probation system members joining statewide
probation system...................... 97, 1245,1312, 1401, 1405 SB 549--City of Atlanta; pensions, certain benefits not apply
to certain officers ............. 97, 256, 1309, 1395, 1641, 3353, 3920 SB 550--Housing Authorities Law; provisions relating to mortgage
loans and bonds ............ 97, 302, 368, 464, 518, 2476, 2546, 3920 SB 551 --Sheriffs' Retirement Fund; requirements for prior members
seeking reinstatement ............ 97, 304, 368, 464, 529, 2474, 3920 SB 552--Tax Collectors; minimum salaries ........ 97, 247, 305, 376, 406, 430,
464, 545, 2533, 3036, 3284, 3321, 3864, 3920 SB 553--Tax on Insurance Premiums; time for payment
and reporting requirements ................................. 98 SB 554--Superior Court Judges' Retirement System;
creditable service......................................... 98
SB 555--Teachers' Retirement System; procedures for transfer from independent system .............. 98, 1633, 1707, 1845, 1863, 3801, 3811,3864,3920
SB 556--Teachers' Retirement System; redefine Annuity................. 98 SB 557--Employees' Retirement System; redefine Annuity ............... 98 SB 558--Correctional Officers; salary increase .... 99, 366, 444, 572, 600, 2892,
2897, 3920 SB 559--Motor Vehicles; driving under influence of alcohol or drugs,
penalty provisions......................... 99, 367, 444, 572, 603 SB 560--Superior Court Clerks' Retirement System; eligibility and
creditable service. ... 99, 248, 305, 376, 410, 573, 649, 826, 1174, 1268, 1269, 2475, 3920
SB 561--Sunset Law; change termination date of
Medical Examiners Board ................... 99, 365, 444, 572, 605 SB 562--Employees' Retirement System; creditable service
for active duty in armed forces. .............................. 99 SB 563--Employees' Retirement System; eligibility with 30
years service in National Guard............................. 100 SB 564--Probate Court Judges; training requirements .. 100, 155, 208, 257, 283,
365, 464, 531, 3855, 3920 SB 565--Local Retirement Systems; no person may qualify
for benefits prior to age 55 ................................. 100 SB 566--Death Penalty; carried out in county where defendant
convicted, provide for mobile death chamber .. Ill, 366, 444, 572, 612, 634, 650, 866, 916, 933
SB 567--Executive Probate Judges Council; create ................... Ill, 248, 305, 376, 411, 3708, 3740, 3920
SB 568--Safe Dams Act; amend relating to spillways ...................111 SB 569--Motorcycles; repeal requirements of headgear
and eye protective devices .................................112 SB 570--Motor Vehicles; procedures and courts of
jurisdiction for traffic offenses ...................... 112, 857, 907

INDEX

3937

SB 571--Guilty But Mentally 111; provision in
Criminal Code ....................... 112, 365, 444, 572, 649, 827 SB 572--Criminal Procedure; provisions relating to
disposition of property seized ............... 112, 205, 250, 308, 326 SB 573--Bail; prohibited if accused has prior conviction,
certain sexual offenses ....................................112 SB 574--Probated Sentence; judge prohibited in certain
sex crime convictions ................. 113, 1706, 1834, 2024, 2079 SB 575--Workers' Compensation; corporate officers may be
exempt from coverage ....................................113 SB 576--City of Savannah; consolidate functions of mayor and
aldermen with Chatham County Commission ...... 147, 302, 368, 454 SB 577--Sunset Law; change termination date of Board of
Landscape Architects. ................. 147, 440, 566, 649, 865, 879 SB 578--Habeas Corpus; petition for writs, provisions
for transfer. ............................. 148, 205, 250, 309, 331 SB 579--Probation; provisions relating to first
offenders ................ 148, 205, 250, 309, 332, 3065, 3074, 3920 SB 580--Oral Testimony Excluded, Criminal Cases;
certain circumstances ..................... 148, 205, 250, 309, 333 SB 581--Community Care for the Elderly; new Code
Chapter. ................. 148, 365, 444, 572, 613, 2211, 2428, 3920 SB 582--Probate Courts; requirements for record
keeping. ...................... 148, 248, 306, 377, 415, 2212, 3920 SB 583--Sunset Law; change termination date of Optometry Board
of Examiners. ............. 149, 205, 250, 309, 334,1030, 1157, 3920 SB 584--Prisoners Employed by Correctional Industries;
no compensation ............... 149, 366, 445, 572, 624, 3855, 3920 SB 585--Prisoners; earned-time allowances accrue after
sentence becomes final.................... 149, 366, 445, 572, 625 SB 586--Impaneling Juries in Felony Cases; change number and
grounds for peremptory challenges .......................... 149 SB 587--Death Penalty Cases; sentence phase, provisions
for mistrial. .............................. 149, 1706, 1834, 1937 SB 588--Criminal Procedure; appeal bond denied for previously
convicted felons. ..................... 150, 1245, 1312, 1654, 1682 SB 589--Criminal Cases; time requirements on appeals if based on
instructions to jury. .............. 150, 1245, 1312, 1654, 1722, 1723 SB 590--Alligator Skins; provisions for legal
possession ................... 150, 857, 907, 980, 1032, 3088, 3920 SB 591--Corporations; voting of shares if held by subsidiary in
fiduciary capacity. ........... 150, 248, 306, 377, 417, 930, 938, 1066 SB 592--Sunset Law; change termination date of
Podiatry Board ................. 150, 365, 445, 572, 626, 2211, 3920 SB 593--Motor Vehicle Liability Insurance; certain information required
of insured . 151, 855, 907, 980, 988, 1068, 1082, 1145, 3550, 3556, 3920 SB 594--Judicial Sales for Unpaid Taxes;
notification requirements .................. 151, 205, 251, 309, 335 SB 595--Abandoned Motor Vehicles; notification to lienholders
before removal or storage .................. 151, 205, 251, 309, 336 SB 596--Game and Fish; provisions on snakes,
saltwater fishing or crabbing and seizure of certain property ................. 151, 857, 907, 980, 984, 3805, 3816, 3920 SB 597--Gambling; procedures for seizure and forfeiture of property ..................... 151, 205, 250, 309, 337

3938

INDEX

SB 598--Dangerous Drugs; notification requirements and disposition of forfeited property ........................ 152, 205, 250, 309, 343
SB 599--Driver's License; deduction of assessed points, certain cases. . 200, 442, 566, 649, 865, 880, 1310, 1402, 1453, 3708, 3735, 3920
SB 600--Pharmacy Board; membership and voting provisions.............................................. 200
SB 601--Commission on State Growth Policy; create ............... 200, 440, 566, 649, 865, 881, 3065, 3071, 3920
SB 602--Industrialized Buildings; certification, standards and inspection procedures for construction .......... 200, 441, 567, 649, 865, 885, 3708, 3739, 3920
SB 603--Social Services; community work programs for unemployed persons receiving aid ............ 200, 905, 972, 1081, 1098, 3066, 3125, 3920
SB 604--Sunset Law; change termination date of Medical Examiners Board .......... 201, 365, 445, 572, 628, 2834, 2969, 3920
SB 605--Workers' Compensation; group self-insurance funds, involuntary termination................................... 201
SB 606--Aid to Families with Dependent Children; recipients and
applicants required to seek employment .... 201, 905, 972, 1082, 1120 SB 607--New Trial; procedure and form for motions,
civil and criminal cases ................. 201, 970, 1076, 1179, 1190 SB 608--Motor Vehicle Operators; duty of ordinary care
to passengers .................. 201, 365, 445, 572, 629, 3353, 3920 SB 609--Probation Supervision Fees; impose,
certain cases ............................................ 202 SB 610--Gwinnett County Education Board; election
districts ........................... 202, 303, 369, 448, 965, 1066 SB 611--Putnam County Coroner; compensation. 202, 303, 369, 448, 1911, 3920 SB 612--Arrest Records; Crime Information Center purge from
files if no conviction ............................ 202, 1830, 1921 SB 613--County Tax Digests; change provisions relating to
adjustment and equalization .............. 240, 905, 972, 1082, 1119 SB 614--Property Tax; definition of fair market value exclude
real estate commissions. ............... 240, 1243, 1312, 1402, 1447 SB 615--Human Resources Department; regulation of
day-care centers ......................................... 241 SB 616--Professional Engineers; certification and registration
requirements .............. 241, 442, 567, 649, 865, 888, 3854, 3920 SB 617--Professional Engineers; enforcement provisions
relating to construction and
advertisements ........ 241, 442, 567, 649, 865, 889, 3284, 3305, 3920 SB 618--Corporations; firm name registered as engineer must comply
with certain requirements .......... 241, 442, 567, 649, 865, 916, 934 SB 619--Veterans' Preference Points; repeal provisions relating to
state examining boards and examinations. .... 241, 855, 908, 981, 1049 SB 620--Board of Registered Professional Sanitarians; membership, powers
and duties of board. ........... 242, 905, 973, 1082, 1121, 3354, 3920 SB 621--Motor Vehicles; reflective material on windows prohibited,
certain cases ............................ 242, 367, 445, 572, 630 SB 622--Community Service Programs; change administration
provisions .......... 242, 856, 908, 980, 1033, 1269, 1288, 3088, 3920 SB 623--Abandoned Motor Vehicles; procedures, fees
and notices .................... 242, 642, 858, 916, 920, 2474, 3920 SB 624--Marriage Ceremonies; retired State court judges
authorized to perform ........ 242, 970, 1076, 1179, 1200, 3853, 3920

INDEX

3939

SB 625--Superior Courts; additional judge for Atlantic Judicial Circuit............ 243, 365, 446, 573, 633, 1650, 1658, 3085
SB 626--Game and Fish; revise list of trout waters, specify seasons............. 243, 366, 446, 573, 648, 804, 1625, 3920
SB 627--Motor Vehicles; provisions for towing ............................... 243, 642, 858, 1402, 1451
SB 628--Early County Commissioners; compensation . 243, 303, 369, 448, 1069,
3920 SB 629--Seminole County Superior Court Clerk;
compensation. ..................... 243, 303, 369, 449, 1164, 3920 SB 630--Seminole County Sheriff; compensation . 244, 303, 369, 449, 1165, 3920 SB 631 --Polk County Sheriff; number of deputies
employed ......................... 244, 441, 567, 643, 1237, 3920 SB 632--Sheriffs' Deputies; bond provisions . 244, 442, 567, 649, 865, 890, 2475,
3920 SB 633--Gwinnett County Water and Sewerage Authority;
fill vacancies ....................... 244, 303, 369, 449, 965, 3920 SB 634--Gwinnett County Public Facilities Authority;
fill vacancies ....................... 244, 303, 369, 450, 965, 3920 SB 635--Gwinnett County Recreation Authority;
fill vacancies ....................... 244, 303, 370, 450, 966, 3920 SB 636--Gwinnett County Airport Authority;
fill vacancies ....................... 245, 303, 370, 450, 966, 3920 SB 637--Gwinnett Building Authority;
fill vacancies ....................... 245, 303, 370, 450, 966, 3920 SB 638--Living Wills; new Code Chapter, provisions
and requirements. ................ 245, 255, 1833, 1921, 2024, 2055 SB 639--Recall of Public Officials; change certain
requirements .......... 298, 970, 1076, 1179, 1202, 3066, 3265, 3920 SB 640--Workers' Compensation; involuntary termination of members
with group self-insurance funds ........... 299, 856, 908, 1268, 1277 SB 641--Adequate Program Education (APEG);
age for beginning school, eligibility of children who move into State...................................... 299 SB 642--Controlled Substances; money from sale of forfeitures used by county for law enforcement
only. ................ 299, 442, 568, 649, 865, 891, 2835, 2893, 3920 SB 643--Used Motor Vehicle Parts Dealers; liability
insurance requirements. ............... 299, 442, 568, 649, 865, 892 SB 644--Criminal Procedure; forfeiture of bonds,
prohibited in cases awaiting trial after three years .................. 299, 857, 908, 1722, 1727, 3853, 3920 SB 645--Tax Assessors; homestead property, limits on increases in assessment ................................... 300 SB 646--Real Property; architects, liens .......... 359, 1310, 1395, 1722, 1729 SB 647--Driver's License; mandatory suspension in nolo contendere to certain charges. .............................. 359 SB 648--Motor Vehicles; homicide by vehicle, change penalty .......................................... 359 SB 649--Hospital Authorities; powers and duties relating to credit and loans for projects................................ 359 SB 650--Savings Banks; branch banking provisions. .................... 359, 640, 858, 917, 934, 2475, 3920 SB 651--Glynn County Juvenile Court Judge; repeal Act increasing salary ................ 360, 441, 568, 643, 3852, 3920

3940

INDEX

SB 652--Glynn County Tax Commissioner; compensation. ................ 360, 441, 568, 644, 2044, 3053, 3920
SB 653--Glynn County Superior Court Clerk; compensation and personnel. ......... 360, 441, 568, 644, 2045, 2536, 2812, 2963, 3048,
3278, 3332, 3337, 3356, 3920 SB 654--Atlanta City Court; no collection costs for maintaining
law library ................. 360, 571,1309, 1395, 1647, 2762, 3920 SB 655--Sheriff's Fees; change certain fee
charges...................... 360, 855, 908, 980, 1034, 2475, 3920 SB 656--Alcoholic Beverage Sales; certain nude
and sexual conduct prohibited on premises ........ 361,1309, 1395, 1654, 1672, 1692, 1723, 1937, 1942 SB 657--Joint Committee for Review of Administrative Rules; create within General Assembly............ 361, 856, 908, 981, 1044 SB 658--Wilkinson County Small Claims Court; appointment of judge ......................... 434, 641, 858, 911 SB 659--Cobb County; change provisions on districts for election of commissioners ............ 434, 641, 858, 912, 1382, 3920 SB 660--Georgia Educational Improvement Council; change name to Legislative Educational Research Council............... 434, 969, 1076, 1179, 1211, 2834, 2894, 3920 SB 661--Promotional Contests to Sell Realty or Personalty; lawful with certain requirements ........ 434, 1243, 1312, 1402, 1441, 3855, 3920 SB 662--Sunset Law; change termination date of Board of Accountancy .................. 434, 640, 859, 916, 927, 2475, 3920 SB 663--Revenue Shortfall Reserve; percentage of revenue collections reserved for Midyear Adjustment Reserve ........... 435, 904, 973, 1082, 1156, 1179, 1217, 3853, 3920 SB 664--Town of Pooler; extend corporate limits. .................... 435, 1075, 1174, 1253, 1953, 1963, 3920 SB 665--Town of Pooler; additional member of aldermanic board, salary of members and mayor. .................. 435, 641, 859, 912 SB 666--Interest Rate on Loans; provisions relating to residential second mortgages............... 435, 641, 859, 916, 922, 1911, 3920 SB 667--Motor Vehicles; maximum speed limits adjacent to construction site. ............... 435, 642, 859, 917, 940, 2833, 3920 SB 668--Transportation Department Employees; powers of enforcement and arrest.................. 436, 642, 859, 1081, 1083 SB 669--Tax Collectors; authorized to inspect records on motor vehicle titles .................. 558, 856, 909, 981, 1048, 2474, 3920 SB 670--Public Service Commission; change provisions relating to certificates for radio service................................ 559 SB 671--Juries; change number of peremptory challenges, certain trials ....................................... 559, 2425 SB 672--Death Penalty Cases; notification to Attorney General and attorney of record required ................. 559, 642, 859, 917, 952 SB 673--Parents; liability for malicious acts of children, change maximum amount ............................ 559, 1079 SB 674--Armed Forces; member of reserve component, eligibility to hold public office. .................. 637, 1172, 1246, 1319, 1322
SB 675--Intangible Recording Tax; procedure for certain refunds. ...................... 637, 1171, 1246, 1319, 1323
SB 676--Workers' Compensation; redefine employee and employer. ....................... 637, 1393, 1634, 1844, 1845
SB 677--Coroners; change bond requirements..... 637, 1172, 1246, 1319, 1325

INDEX

3941

SB 678--Public Contracts; performance bonds .... 638, 1080, 1173, 1247, 1319, 1327, 3757, 3802, 3920
SB 679--Vocational Education; authority of county boards to sell or acquire property ................................. 638
SB 680--Unclaimed Property; relating to Revenue Commissioner taking custody ............... 638, 905, 973, 1081, 1085, 3854, 3920
SB 681--Sunset Law; change termination date of Athletic Trainers Board ................ 848, 1172, 1247, 1319, 1328, 2091, 2100, 3346
SB 682--Behavioral Science Practitioners Licensing Board; create, regulate the profession .............................. 848
SB 683--Meetings, Open to Public; change requirements for State departments and boards. .............. 849, 1173, 1247, 1319, 1329, 3757, 3807, 3920
SB 684--Health Code; redefine inspection warrant. .......... 849, 1244, 1313,
1402, 1431, 1655, 1722, 1740, 3626, 3636, 3920 SB 685--Municipal Elections; change certain
provisions ............ 849, 1173, 1247, 1319, 1333, 2834, 2907, 3920 SB 686--City of Marietta; education board members,
appointment. ................... 899, 1075, 1175, 1253, 1997, 3920 SB 687--City of Marietta; date for holding certain elections, provisions
on certain courts ................ 899, 1309, 1395, 1642, 1998, 3920 SB 688--South Cobb Development Authority;
create ......................... 899, 1075, 1175, 1254, 2211, 3920 SB 689--Election Code; county election boards,
deputy registrars, counting votes and printing ballots ............... 900, 1173, 1247, 1319, 1334, 2834, 2900, 3920 SB 690--Brantley County Sheriff's Office; personnel and equipment ........................... 900, 1075, 1175, 1254 SB 691--Brantley County Officials; personnel provisions ............................... 900, 1075, 1175, 1254 SB 692--Glynn County Sheriff's Office; compensation and expenses ............ 900, 1075, 1175, 1255, 2210, 2533, 2812, 2963,
3049, 3280, 3356, 3920 SB 693--Inspection of Public Records; change certain
provisions ........... 900, 1631, 1707, 1845, 1882, 3205, 3274, 3346, 3413, 3692, 3696, 3867, 3920
SB 694--Fulton County Commissioners; election
districts. ............................................... 900 SB 695--Property; provide for tenancies by the
entirety................................................ 901 SB 696--Motor Vehicles; certificate of title, requirements on rebuilt
autos ............ 901, 979, 1243, 1313, 1402, 1431, 3415, 3554, 3920 SB 697--Private Colleges; students attending eligible
for incentive grants. ...................................... 901 SB 698-City of Dahlonega; new charter. .... 901, 1075, 1175, 1255, 3087, 3920 SB 699--Motor Vehicles; homicide by vehicle,
provisions. ..................... 901, 1080, 1173, 1247, 1319, 1335 SB 700--Dooly County Small Claims Court; change
jurisdictions ............... 966, 1172, 1248, 1314, 2476, 2765, 3920 SB 701--Probate Judges; authorized to hold courts of
inquiry ......... 967, 1080, 1173, 1248, 1319, 1339, 2835, 2972, 3920 SB 702--Criminal Procedure; bail provisions,
cases on appeal.......................................... 967

3942

INDEX

SB 703--State Employees; provisions for voluntary payroll deductions to charitable organizations ............. 1071, 1173, 1248, 1319, 1340, 3354, 3920
SB 704--Voluntary Meditation; provide for in public schools.......................................... 1072
SB 705--Hitchhikers; prohibited on highways .............. 1072, 1244, 1313 SB 706--State Employees; relating to veterans
preference and retention credits for
reductions in force. .................. 1072, 1173, 1248, 1319, 1341 SB 707--County Road Systems; authority to restrict
vehicles from using ..................................... 1165 SB 708--Liens; establish against agricultural
crops ....................................... 1165,1827, 1922 SB 709--Law Enforcement Officers; special appointment
procedures when requested by State or local authorities ............... 1165, 1310, 1395, 1654, 1670, 2475, 3920 SB 710--Osteopathic Medicine Colleges; grants to students for study. .............. 1165, 1309, 1396, 1655, 1722, 1769, 3354, 3920 SB 711--Health Insurance; requirements for processing and payment of claims ......... 1166, 1308, 1396, 1654, 1662, 3415, 3475, 3863, 3920 SB 712--Senate Reapportionment; change certain districts. ................. 1166, 1832, 1922, 2023, 2025, 2833, 3346 SB 713--Farm Equipment Manufacturers and Dealers; regulate business ................. 1238, 1390, 1634, 1722, 1770, 3856, 3920 SB 714--Labor Department; Correction Services Division created within for pretrial intervention
programs ................ 1238, 1706, 1834, 2024, 2075, 3354, 3920 SB 715--Stone Mountain Memorial Association; investment
of funds. ................. 1238, 1828, 1922, 2024, 2086, 3856, 3920 SB 716--Hancock County Small Claims Court; collection
of court costs .................. 1239, 1391, 1634, 1711, 2211, 3920 SB 717--Municipalities, Population of 600 or More;
reenact Act relating to street improvements ............ 1239, 1631, 1707, 1845, 1880, 3853, 3920 SB 718--State Patrol; Uniform Division solely responsible for interstate highways ............... 1239, 1310, 1396, 1654, 1679 SB 719--Hart County Tax Commissioner; annual salary. ........................... 1305, 1391, 1634, 1711 SB 720--Probation; provide for special terms for certain convictions ............... 1305, 1394, 1634, 1723, 1809, 2833, 3920 SB 721 --Fire Safety Standards Act; delay effective date to 1983.................................. 1305, 1831, 1922 SB 722--Safety Devices; required by aerialists in public performances. .................................... 1305 SB 723--Congressional Reapportionment; change certain districts, provisions on membership on boards based on residency. ....... 1305 SB 724--Area Planning and Development Commissions; change Code provisions .................................. 1385 SB ( 725--Congressional Reapportionment; change certain districts, provisions on membership on boards based on residency. ....... 1385 SB 726--Wayne County Board of Commissioners; election of members ................... 1385, 1704, 1834, 1928, 2762, 3920 SB 727--Juvenile Court; jurisdiction over certain children over the age of 17........................ 1385, 1705, 1834, 1937, 1953

INDEX

3943

SB 728--Secondary Market Corporation; create to aid mortgage financing ....... 1385, 1706, 1834, 2024, 2054, 3343, 3512, 3863, 3920
SB 729--DeKalb County; change provisions on school board
districts. ...................... 1386, 2120, 2219, 2498, 3852, 3920 SB 730--Auctioneers, Licensing; certain persons exempt from
examination ......... 1386, 1705, 1835, 2023, 2036, 3703, 3736, 3920 SB 731--Agriculture; soil and water conservation districts,
method for changing boundaries ........................... 1386 SB 732--Income Tax; provisions for individuals to donate portion
of tax to U.S. Olympics Committee ......................... 1386 SB 733--State Committee for Regulatory Reform; create to review
department rules and regulations ....... 1386, 1705, 1835, 2024, 2091 SB 734--Alcoholic Beverage Code; Sunday sales, change
population figures ................... 1387, 1704, 1835, 1937, 1948 SB 735--Livestock Dealers and Market Operators; license and
bonding provisions. ........ 1626, 1827, 1922, 2024, 2104, 3853, 3920 SB 736--Motor Vehicles; firms selling flashing lights
provide information to law enforcement agency regarding
purchasers ......................... 1626, 1831, 1922, 2024, 2113 SB 737--DeKalb County Board of Commissioners; change provisions
on districts .................... 1626, 2120, 2219, 2498, 3852, 3920 SB 738--Superior Courts; compensation of bailiffs
and expense allowance of jurors subject to approval of governing authority ................................... 1626 SB 739--Income Tax; exclude provisions of federal Economic Recovery Tax Act. ...................... 1627, 1703, 1835, 2023, 2047, 2133 SB 740--Residential Finance Authority; remove director of extension service of University of Georgia from membership ............................. 1627, 1705, 1835 SB 741--County Elections Boards; change population figures in Acts ............................ 1627, 1705, 1835, 1937, 1959 SB 742--Bibb County Board of Public Education and Orphanage; funds for buying and selling property ...................... 1627, 1704, 1836, 1929, 3087, 3920 SB 743--Health Insurance; mental disorders, coverage requirements. .................................. 1627 SB ! 744--Dispossessory Proceedings; change certain provisions on where affidavits may be made. ................ 1695, 1830, 1923 SB 745--Workers' Compensation; records of injuries and reports required ........................... 1695, 1830, 1923 SB 746--Alcovy Judicial Circuit; court reporter, compensation. ................. 1695, 1828, 1923, 2020, 3354, 3920 SB 747--Fair Business Practices Act; provide for regulation of career consulting firms ............... 1696, 1828, 1923, 2024, 2092, 3412, 3509, 3920 SB 748--County Equalization Boards; designation of alternate members ............................ 1696, 1828, 1923 SB 749--Coroner's Jury Verdict; provisions for appeals ......................... 1696, 1830, 1923, 2024, 2077 SB 750--Wineries Selling at Retail on Premises; change certain requirements ...............'.. 1696, 1828, 1923, 2023, 2051 SB 751--Putnam County Small Claims Court; create ........................ 1696, 1828, 1924, 2020, 3087, 3920 SB 752--Bryan County Board of Commissioners; election of members ................... 1697, 1829, 1924, 2020, 3353, 3920

3944

INDEX

SB 753--Bryan County Superintendent of Schools; appointed by Board of Education ....................... 1697, 1829, 1924, 2021
SB 754--Local Governments; provisions for issuance of refunding bonds...................................... 1697
SB 755--Lumpkin County Superintendent of Schools; appointment by Board of Education. ............. 1697, 1829, 1924, 2021, 3088, 3920
SB 756--Lumpkin County Board of Education; election
of members ................... 1697, 1829, 1924, 2021, 3088, 3920 SB 757--DeKalb Community College; advisory referendum
relating to possible transfer to University System rather than County unit .......... 1697, 2120, 2220, 2501, 3402, 3474, 3920 SB 758--Transportation of Elderly and Handicapped; authority of education boards to use school buses continued ................ 1698, 1829, 1924, 2024, 2060, 3853, 3920 SB 759--Atlanta Group Insurance Board Authority;
repeal Act creating.............. 1698, 2477, 2486, 2850, 3853, 3920 SB 760--Bryan County Treasurer; abolish
office ........................ 1698, 1829, 1924, 2022, 3354, 3920 SB 761--Human Resources Department; provisions relating
to custody of unruly or delinquent
children ........................... 1698, 1830, 1925, 2024, 2076 SB 762--MARTA; use of proceeds of certain taxes, bonds
and certificates. ................ 1698, 1833, 1925, 2024, 2097, 2106 SB 763--Judges of Courts of Limited Jurisdiction;
compensation plan. .................. 1698, 1831, 1925, 2024, 2087 SB 764--Property in State Ceded to or Owned
by U.S.; provisions relating to concurrent jurisdiction ............... 1699, 1831, 1925, 2024, 2074, 3355, 3920 SB 765--Abandoned Motor Vehicles; removal and disposal, change certain provisions. ................................ 1699 SB 766--Court Reports; change certain requirements relating to sale by publisher ..................... 1699, 1831, 1925 SB 767--Drug Abuse Treatment and Education Act; amend relating to licensing and confidentiality of records ...................... 1824 SB 768--Industry and Trade Department; confidentiality of information on company projects .......................... 1824 SB 769--Whitfield County Probate Court Clerk and Judge;
compensation. ................. 1824, 2014, 2121, 2234, 3355, 3920 SB 770--Whitfield County Coroner;
compensation. ................. 1824, 2014, 2122, 2234, 3355, 3920 SB 771--City of Claxton; powers and duties of mayor, change certain
personnel provisions ............ 1824, 2014, 2122, 2235, 3355, 3920 SB 772--Coroner's Training Council;
create. ...................................... 1912, 2015, 2122 SB 773--Rabun County Tax Commissioner;
compensation. ................. 1912, 2014, 2122, 2235, 3355, 3920 SB 774-City of Helena;
reincorporate ........ 2001, 2214, 2222, 2516, 3675, 3691, 3862, 3920 SB 775--Telfair County Board of Education; change terms of
office. ................... 2001, 2214, 2222, 2516, 3402, 3589, 3920 SB 776--Lumpkin County Commissioner;
compensation. ................. 2001, 2214, 2222, 2517, 3854, 3920 SB 777--Lumpkin County Tax Commissioner;
compensation. ................. 2001, 2214, 2222, 2519, 3854, 3920

INDEX

3945

SB 778--Lumpkin County Sheriff; compensation. ................. 2001, 2214, 2223, 2520, 3854, 3920
SB 779--Lumpkin County Superior Court Clerk and Probate Court Judge; compensation. ................. 2001, 2214, 2223, 2521, 3854, 3920
SB 780--Glynn County Magistrate's Court; selection and compensation of magistrate and deputy ...... 2120, 2214, 2223, 2524, 3401, 3485, 3920
SB 781 --Glynn County Board of Education; two members elected from each district ........................ 2120, 2214, 2223, 2524
SB 782--Glynn-Brunswick Hospital Authority; qualifications and selection of members. .............. 2212, 2477, 2486, 2851, 3627, 3628, 3920
SB 783--Carroll County Commissioner; compensation.......................................... 2212

3946

INDEX

SENATE RESOLUTIONS

SR 8--Richmond County; increase homestead exemption . . No action in 1982 SR 10--Emergency Medical Technicians; indemnification if killed
in line of duty ................................ No action in 1982 SR 11--Intangible Personal Property Tax; prohibit levy ..... No action in 1982 SR 13--Alcoholic Beverage Tax; proceeds used for treatment in alcohol
and drug abuse............................... No action in 1982 SR 14--Elected Officials; office declared vacant upon qualification
for other elective office ........................ No action in 1982 SR 15--Regents Board; election of members from congressional
districts. .................................... No action in 1982 SR 16--Federal Judges; removal by state legislature,
U. S. Constitutional Amendment urged. ........... No action in 1982 SR 17--Committee to Study Driver Improvement Clinic;
create ...................................... No action in 1982 SR 18--Jones and Monroe County Bridge; designate as
Dames Ferry. ................................ No action in 1982 SR 19--Chatham County Juvenile Detention Facility; name in honor of
Grady Lee Dickey. ...................... No Senate action in 1982 SR 21--Board of Regents; four-year terms for members ..... No action in 1982 SR 24--Committee for Review of Administrative Rules;
create ...................................... No action in 1982 SR 25--Elections; felons, mental incompetents prohibited from
voting or holding public office ................... No action in 1982 SR 26--Committee to Study Primary Health Care; create .... No action in 1982 SR 29--Newton County; conveyance of State-owned property 3708,3741,3921 SR 30--Prescription Drugs; sales tax exempt. ............. No action in 1982 SR 38--Fulton County Board of Commissioners; grants to cities for
recreational program ............................... 2762, 3920 SR 40--U. S. Judge Wilbur Owens; condemn ............. No action in 1982 SR 48--Veto of Constitutional Amendment by Governor; authorized,
certain circumstances ......................... No action in 1982 SR 49--Tangible Property Tax; allow one or more classes. . . . No action in 1982 SR 51--Supplemental Appropriations; prohibit unless Governor
declares emergency ........................... No action in 1982
SR 52--Death Penalty; urge Governor to deny requests for suspension, courts to expedite deliberations 28, 31, 156,211,257,259, 309, 376, 380
SR 53--Senate Rules; amend relating to meeting places of committees. ................................. No action in 1982
SR 55--Zoning for Handicapped; General Assembly provide . No action in 1982 SR 56--Homestead; no increases in ad valorem tax after owner attains
65 years of age ............................... No action in 1982 SR 59--Medicaid Program; support position of National Conference of
State Legislatures and Governors Association....... No action in 1982
SR 68--Alternative Learning Centers for Communities; encourage development to teach moral values ...... No action in 1982
SR 91--DeKalb County; rights of landowners adjoining property rezoned ............................. No action in 1982
SR 94--Performing Arts Center at Georgia State University; urge establishment. ........................... No action in 1982
SR 102--State Debt; prohibited if prior obligations exceed one-half of prior revenues ............................... No action in 1982
SR 103--Homestead Exemption; certain disabled veterans. . . . No action in 1982

INDEX

3947

SR 112--Task Force on Pension Issues; create.............. No action in 1982 SR 113--Agriculture; policy of State in preserving
prime farmland .............................. No action in 1982 SR 115--Attorney General's Office; assignment of assistants to
State agencies................................ No action in 1982 SR 117--Columbus; conveyance of certain state-owned
property .................................... No action in 1982 SR 120--Warm Springs; convey certain state-owned property. . 2835, 2885, 3920 SR 122--Commission on State Capitol Preservation;
create ................................ No Senate action in 1982 SR 134--Prime Agricultural Farmland Study Committee;
create ................................ No Senate action in 1982 SR 147--Committee on Long-Term Indebtedness; create .............. 28, 32 SR 148--Political Parties; power of taxation to assist in
maintenance and development .................. No action in 1982 SR 159--Atlanta's Murdered Children; expressing concern . . . No action in 1982 SR 165--Haralson County Board of Education and School
Superintendent; election ....................... No action in 1982 SR 168--Natural Resources Department Employees;
urge Merit System to review and upgrade certain salaries. ...... 28, 32 SR 170--State Parks, Historic Sites; encourage acquisition of land
to insure future sufficiency. ....................... 28, 32, 88, 107 SR 171--Committee to Study Children and Youth: create ..... 3592, 3594, 3921 SR 217--Rules of the Senate; adopt .................................. 21 SR 218--Notifying House that Senate has convened ..................... 24 SR 219--Senate Resolution 3; amend, additional research employees,
secretaries' salaries, employees of Secretary of Senate . . . .26, 157, 211 SR 220--General Assembly Sessions; extend to 60 days,
limitations on introduction of bills............................ 26 SR 221--Lucy Brown Coleman and Lizzie Brown English; 100th birthday .... 27 SR 222--Life Sentence without Parole; board limited in
parole consideration ........................ 43, 88, 105, 120, 160 SR 223--State Anniversary Celebration (250th Year);
invite Prince Charles and Lady Diana to attend. ................. 45 SR 224--Probation Supervision Fees; proceeds to Penal Institutions Fund.... 43 SR 225--Powder Springs Downtown Development Authority;
modify governing provisions. .......... 43, 103, 116, 192, 1069, 3920 SR 226--Committee to Study Services for the Aged; create. ....... 55, 205, 251,
309, 347, 3412, 3544, 3921 SR 227--Union County; sales and use tax for educational purposes. . 55, 87, 105,
141,2921,3008,3921
SR 228--Commission to Study Mental Health; create................................... 56, 205, 251, 309, 348
SR 229--Property Transfer; Baldwin County to
J. P. Stevens & Company ...... 56, 367, 446, 573, 648, 805, 1381, 3920 SR 230--Episcopal Diocese of Atlanta; commemorating 75th anniversary .... 89 SR 231--Douglass High School Football Team; commend. ............... 107 SR 232--Homestead Exemptions; provide for automatic
changes based on tax digest ................................. 56 SR 233--Health Care in Prisons; recommend state-wide
minimum standards ....................... 56, 156, 208, 257, 283 SR 234--General Assembly Sessions, Committee Meetings,
Hearings; open to public .................... 61, 157, 208, 257, 284 SR 235--Honorable Roy E. Frazier, III: commend ....................... 62 SR 236--Honorable Malcolm P. Johnson; commend ..................... 62

3948

INDEX

SR 237--Honorable George C. Wright; commend ....................... 62 SR 238--Driver's License Applicants; receive pamphlets relating
to driving under the influence of alcohol ...... .73,206,251,309,349
SR 239--Driving Under the Influence of Alcohol; State Patrol Authorized to set up roadblocks for checks. ... 73, 367, 446, 573, 648,866,917,936
SR 240--Legislation Relative to Death Penalty; urge Congress pass ........................ 78, 156, 208, 257, 287
SR 241--General Assembly; power to fill vacancy in office left unfilled by Governor after 90 days .... 87, 155, 208, 257, 288
SR 242--Joint Committee to Study Federal Correctional Institution in Atlanta for State use; create. ............... 87, 156, 209, 258, 290
SR 243--Initiative Petition; people have power to enact constitutional amendments. . . 87, 155, 209, 258, 291, 1845, 1886, 1904, 2024, 2085
SR 244--Baldwin and Putnam County Courts; change to state courts. .................... 100, 1310, 1396, 1655, 1722, 1801
SR 245--Atlantic Coast Cutting Horse Association; commend ............. 90 SR 246--Open Meetings; delete constitutional provisions allowing
exceptions by rule in General Assembly ...................... 100 SR 247--Fulton County; provide cost-of-living increase
for employees retired before January 1964 .................... 101 SR 248--Atlanta Hotels and Motels; commend for
service during ice storm ...................................119 SR 249--Property Transfer; Glynn County easement in
Frederica River. ............ 113, 367, 446, 573, 648, 806, 1381, 3920 SR 250--Property Transfer; Habersham County to
Education Board. ............. 113,906,973, 1082, 1111,2835,3921 SR 251--PTA Councils, North and South Fulton County; commend........ 130 SR 252--Guido Evangelistic Association, Inc.; congratulate .............. 159 SR 253--Miss Alice Mae Lang; congratulate .......................... 159 SR 254--West Georgia College Football Team; commend. ............... 187 SR 255--Death Penalty; urge Congress to pass
certain legislation. .................... 202, 366, 446, 573, 648, 809 SR 256--Palmetto High Football Team; commend...................... 210 SR 257--Mrs. Royce Ann Martin; commend .......................... 254 SR 258--Henry County Landmarks; commend ........................ 210 SR 259--First Commercial Oil Well Established in
State; increase reward ................. 245, 442, 568, 649, 865, 893 SR 260--Homestead Exemption; automatic changes based on
county tax digest, provisions if ownership changes.............. 245 SR 261--Homestead; establish fair market value for tax purposes ......... 246 SR 262--Counties; prohibited from increasing millage rate on
property tax if previous digest increased ...................... 246 SR 263--Jes Strickland; recognize on 4-H Day ......................... 254 SR 264--Atlanta; Cabbagetown historic district exempt
from property tax ...... 246, 1309, 1396, 1684, 3344, 3588, 3864, 3921 SR 265--Warner Robins High School Demons Football Team; recognize .... 254 SR 266--Paulding County, Homestead Exemption; 65 year olds . . 246, 303, 370,
549,2045,3921 SR 267--Polk County Justice of the Peace; civil jurisdiction,
increase to $500 .................... 247, 303, 370, 552, 1237, 3921 SR 268--Mrs. Faye Moore; commend ............................... 255 SR 269--Ms. Sandra Worsham; commend............................ 315

INDEX

3949

SR 270--Georgia Coroners Manual; designated as official operating manual. ...... 300, 856, 909, 1082, 1129, 3089, 3921
SR 271--Commission to Study School Finance; create ........... 300, 970, 1076, 1179, 1198, 3415, 3550, 3863, 3921
SR 272--Ovid Davis; commend ................................ 308, 558 SR 273--Vacancies in Certain Judgeships; filled by special election if
one year or more remains in term . . . 300, 1310, 1397, 1655, 1845, 1850 SR 274--Committee to Study Hazardous Drivers; create. . 361, 1174, 1248, 1319,
1362, 3693, 3759, 3921 SR 275--Federal Judges; urge stand for reelection
every eight years ........... 436, 1833, 1926, 2024, 2083, 3856, 3920 SR 276--Jimmy Byrne, Ralph Lehman, Jeff Robinson,
Karl Swenson; commend .................................. 463 SR 277--Commerce High School Football Team; commend .............. 386 SR 278--Miss Anita Griffin; honor. ................................. 410 SR 279--"We Believe in Marriage Day"; relative to .................... 464 SR 280--Committee to Study Duplication of Services and
Efficiency and Economy in Government; create ................................ 436, 906, 973, 1082, 1128 SR 281--Property Transfer; Baldwin County to Education Board. . 559, 906, 973,
1081, 1105,2835,3921 SR 282--Television Station WXIA; congratulate forprogram "Epidemic" . . . 464 SR 283--Taxpayers; procedure and authority for designating
contribution to political parties . ........... 560,905,974, 1081, 1099 SR 284--Committee to Study Health and Medical Education;
create ............................... 560, 970, 1076, 1179, 1208 SR 285--Stephen Dow Nimmer; regrets at passing ..................... 571 SR 286--Dairy Products Delivery Cases; urge prevention of
losses and theft ........................ 638, 904, 974, 1082, 1110 SR 287--Vincent Jones; commend .................................. 571 SR 288--Committee to Study Music Industry; create .638,971, 1077, 1179, 1187 SR 289--William M. Prichard; recognize ............................. 864 SR 290--Terri Gibbs; commend .................................... 816 SR 291--Sisters of Mercy; recognize and commend. .................... 864 SR 292--Henry County, Homestead Exemption; 62 year olds, disabled,
less than $12,000 income. ......... 849, 1075, 1176, 1292,2045,3921 SR 293--Henry County, Homestead Exemption; change
certain provisions. ............... 849, 1075, 1176, 1295, 2045, 3921 SR 294--Henry County, Homestead Exemption; 65 year olds, disabled,
less than $6,000 income. .......... 850, 1075, 1176, 1297, 2045, 3920 SR 295--Crime Prevention; urge education boards to include
courses on lawbreaking and consequences. . 850,970, 1077, 1178, 1186 SR 296--Honorable Jack Brinkley and
Honorable Mack Mattingly; commend .... 850, 1830, 1926, 2240, 2472 SR 297--Kenneth Ray Allison; commend. ............................ 864 SR 298--Girl Scouts of America; commend ........................... 864
SR 299--Senate Reapportionment Committee; commend ........... 902, 1633
SR 300--The Rock Inn Cafe; congratulate ............................ 864 SR 301--Collections of Life and Heritage, Inc.; commend........... 916, 1381 SR 302--Dr. Cecil Hodges; commend ............................... 916 SR 303--William E. Wilkes; commend. .............................. 916 SR 304--Railroad Companies; urge to provide adequate working conditions. 967 SR 305--Campaign to Stop Shoplifting; commend Jim Carter ............. 979 SR 306--Committee to Study Career Consulting Service;
create............................. 1072, 1633, 1707, 1845, 1884

3950

INDEX

SR 307--Medal Honoring Anniversary of Founding of Georgia; urge Congressional Delegation to persuade Treasury Department to produce .................... 1072, 1310, 1397, 1655, 1722, 1764
SR 308--Education Department; commend for establishing cardiopulmonary resuscitation programs for students 1072, 1392, 1634, 1723,2241,2530,2538
SR 309--Rabun County Education Board; levy one percent sales tax ...................... 1166, 1309, 1397, 1687, 2763, 3921
SR 310--Motor Vehicle Safety Week; third week of November. ............... 1166, 1310, 1397, 1654, 1681, 2835, 3921
SR 311--Pate Bridges; commend .................................. 1178 SR 312--Agriculture Day, 1982; appreciation to agricultural community... 1178 SR 313--Committee to Study Trapper Safety;
create............................. 1166, 1632, 1707, 1844, 1848 SR 314--Youth Assembly Officials; commend. ....................... 1178 SR 315--Medical Assistance Board; ensure pharmacy providers receive
share of appropriated funds. ...... 1166, 1393, 1635, 1723, 1937, 1960 SR 316--Sales Tax; local option one percent for education,
if imposed ad valorem tax limited .......................... 1240 SR 317--Jules S. Terry, M.D.; regrets at passing ...................... 1268 SR 318--Criminal Justice Coordinating Council; urged to research
cause of violent crime ................ 1306, 1706, 1836, 2240, 2456 SR 319--Homestead Exemption; ad valorem tax, increase income allowed . 1306 SR 320--Hapeville Development Authority; create. ......... 1306, 1631, 1708,
1887,3355,3921 SR 321--Towns County; conditions for imposing 1% sales tax
for education .................. 1306, 1391, 1635, 1812, 3857, 3921 SR 322--Medical Education Board; commend along with
other sponsors for Medical Fair ............................ 1400 SR 323--Honorable Emory C. Parrish; relative to ..................... 1721 SR 324--Georgia-Florida Parkway;
designating............... 1627, 1706, 1836, 1937, 1974, 3856, 3921 SR 325--Teachers Aides; Education Department utilize in
grades 1 through 4 ...................................... 1628 SR 326--General Assembly; relative to adjournment
February 26 to March 8 ............................. 1621, 1622 SR 327--Greg Lyon;commend.................................... 1651 SR 328--Nathaniel Glover; congratulate on 90th birthday .............. 1651 SR 329--Carl Collins; commend. .................................. 1651 SR 330--City of Chamblee; increase homestead exemption
for certain residents ............. 1699, 2477, 2486, 2922, 3856, 3921 SR 331--Museum of Art at University of Georgia; designate as
State Museum ...................... 1699, 1830, 1926, 2024, 2105 SR 332--Kenny Rogers; expressing acknowledgement and recognition to . . 1651 SR 333--Bryan County; ad valorem tax proceeds to
Industrial Development Authority not exceed two mills . . . 1700, 1829, 1926,2108,3856,3921
SR 334--Dr. Robert H. Brisbane; commend. ......................... 1651 SR 335--Congressional Reapportionment; Attorney General
requested to institute actions to confirm plan adopted by General Assembly ...................................... 1651 SR 336--Committee to Study Alcohol Abuse; create .... 1700, 1921,2018,2127,
2153, 2208, 2241, 2530, 2560 SR 337--Dr. James Clayton Metts; regrets at passing. .................. 1721

INDEX

3951

SR 338--Veterans of Foreign Wars; urge issuance of prestige license plates ................ 1700, 1829, 1926, 3397, 3639
SR 339--Committee to Study Motor Vehicle Safety Inspection; create ............................. 1700, 1831, 1926, 2126, 2135
SR 340--Sovereign Immunity of State; clarify provisions ..... 1700, 1831, 1926, 2024, 2071, 3344, 3510, 3921
SR 341--Stamp Honoring Martha Berry; urge Congress to support efforts to have issued ...................... 1700, 1921, 2018, 2127, 2171
SR 342--Committee to Study Penal System; create. 1700, 1831, 1926, 2127, 2159 SR 343--Municipalities, Counties; procedures for consolidation,
referendum requirements ................................ 1701 SR 344--Committee to Study Suspension and Discipline in Schools;
create ........................ 1701, 2015, 2122, 2530, 2881, 3042 SR 345--JosephC. Gittings; commend. ............................. 1843 SR 346--Commission to Study Environmental Facilities;
create. ......... 1825, 2121, 2220, 2531, 2881, 3054, 3805, 3820, 3921 SR 347--Honorable Marcus Collins; commend .................. 1843, 1996 SR 348--Honorable Al Burruss; commend. ..................... 1843, 1997 SR 349--Honorable Bobby Carrell; commend ................... 1843, 1997 SR 350--Honorable Charles Hatcher; commend ................. 1844, 1997 SR 351--Honorable Sidney Marcus; commend .................. 1844, 1997 SR 352--Honorable George Williamson; commend. .............. 1844, 1997 SR 353--Honorable Clark Stevens; commend ................... 1844, 1997 SR 354--Honorable William J. Breeding; commend. .............. 1844, 1997 SR 355--Honorable Charles Kent; commend .................... 1844, 1997 SR 356--Honorable Charles McDaniel; commend. ............... 1844, 1997 SR 357--Honorable Curtis H. Cadenhead, Jr.; commend. .......... 1844, 1997 SR 358--J. Ferris Cann, Jr.; regrets at passing ........................ 1844 SR 359--Railroad Retirement System; urge congressional budget committee
to reject reorganization ............... 1825, 1921, 2018, 2126, 2136 SR 360--Charles Bates Methvin; honoring life and work. ............... 1948 SR 361--Committee to Study Georgia Coastal Islands; create. . 1825, 2121, 2220,
2880, 2882 SR 362--Senate Rules; amend Rule 99, time for notice of
motion to reconsider. .......................... 1825, 1832, 1902 SR 363--Georgia State Senate; recognize and commend. . 1912, 2841, 3397, 3665 SR 364--Georgia Railroad Freight Depot;
urge use as state museum ........ 2002, 2217, 2223, 2530, 2881, 3042 SR 365--Committee to Study Standards for Private Schools; create ....... 2002 SR 366--Committee to Study County and Municipal Insurance Premium Tax;
create ............................. 2002, 2841, 2842, 3122, 3259 SR 367--Mrs. Rossie W. Dyar; congratulate on one hundredth birthday . . . 2237 SR 368--U.S.S. Vinson; celebrate commissioning of ship
in honor of Carl Vinson .................................. 2238 SR 369--Virlyn B. Smith; regrets at passing .......................... 2238 SR 370--Earnest Garrett; in memory of ............................. 2238 SR 371--WGST Radio Station; commend. ........................... 2238 SR 372--Lieutenant Colonel Charles L. Bacon; commend. .............. 2238 SR 373--Reverend Anthony Avery Wagner; congratulate. .............. 2529 SR 374--Reverend M. L. Raglin; commend .......................... 2529 SR 375--Mrs. Mammie Louise Carswell; commend ................... 2529 SR 376--Campbell High School Boys' Basketball Team; commend. ....... 2529 SR 377--Georgia Christian School Basketball Team; commend ..... 2529, 3089 SR 378--Committee to Study Driver's License Suspension and
Revocation; create. ....................... 2476, 3094, 3397, 3693 SR 379--J. O. Partain; commend .................................. 2529 SR 380--Coach Erk Russell; commend. ............................. 3140

3952

INDEX

SR 381--Carlton Johnson; honor. ............................. 2529, 3140 SR 382--Crawford County High School Basketball Team; commend ...... 2892 SR 383--Miss Daphne Densmore; commend......................... 2533 SR 384--Committee to Study Need for State Ombudsman; create . . . 2832, 3094,
3397, 3615 SR 385--Mortgage Subsidy Bond Tax Act of 1980;
urge Congress take actions ............ 2832, 3094, 3095, 3397, 3660 SR 386--Atlanta and Officials and Employees; commend............... 2879 SR 387--Charles Thomas Hitchcock; regrets at passing. ................ 2879 SR 388--Committee to Study Workers' Compensation Reform;
create ............................. 2832, 3094, 3095, 3397, 3607 SR 389--H. Glenn Anthony; commend ............................. 2879 SR 390--Honorable Phillip Mitchell Landrum; honor .................. 2879 SR 391--John Coleman; commend................................. 2892 SR 392--Kenneth Nealy; congratulate .............................. 2879 SR 393--American Automobile Association of
Georgia Motor Club; commend ............................ 2879 SR 394--Nurses Association; commend............................. 2879 SR 395--Georgia School Boards Association; honor. ................... 3120 SR 396--Milton Hopkins, Jr.; recognize ............................. 3120 SR 397--Mrs. Nell Florence Edwards Pitner; commend ................ 3121 SR 398--Committee to Study Public School Employees
Health Insurance; create ................................. 3090 SR 399--Dr. JanetK. Johnson; commend. ........................... 3121 SR 400--Dr. Conway Hunter, Jr.; commend ......................... 3121 SR 401--Mercer University Moot Court Teams; commend. ............. 3121 SR 402--Calhoun High Debate Team and Coach; commend............. 3121 SR 403--Roy L. Inman; commend ................................. 3395 SR 404-Mrs. Ruby C. Hill; commend .............................. 3395 SR 405--Russell Mercer Smith; commend ........................... 3395 SR 406--Georgia Public Television Network; appreciation for service..... 3140 SR 407--Medicaid Dental Program; urge funds to relieve constraints. ..... 3395 SR 408--Governor George Busbee; honor for service .................. 3395 SR 409--J. Andrew Hill, Sr.; regrets at passing. ....................... 3396 SR 410--New Federalism Committee; create in Senate to study
restructuring federal revenues. ............................ 3356 SR 411--International Association of Lions Clubs; commend
on 60th anniversary ..................................... 3396 SR 412-Reese Nobles, Jr.; commend .............................. 3396 SR 413--Cyclorama Restoration Committee, Inc.; commend ....... 3396, 3867 SR 414--Jessie Alien Sampley; commend. ........................... 3396 SR 415--Margaret Bynum; regrets at passing. ........................ 3396 SR 416--Heart and Cardiovascular Disease; relative to. ................ 3396 SR 417--Dr. Henry Gordon Davis, Jr.; commend ..................... 3839 SR 418--Honorable Charles Henry Wessels; commend ................ 3396 SR 419--William Taylor Thornton; commend ........................ 3839 SR 420--Honorable John Wynn; regrets at passing .................... 3839 SR 421--Representative Richard A. Dent; honor...................... 3615 SR 422--Honorable William Lee Robinson; commend ................. 3592 SR 423--Leo Frank; relative to case of .............................. 3839 SR 424--Honorable William Donaldson Ballard; commend ............. 3694 SR 425--Senator Franklin Sutton; commend ......................... 3810 SR 426--Decatur High Basketball Team; commend ................... 3839 SR 427--General Assembly; adjournment sine die, amend HR 953 to
10:00 P.M. March 26. ............................... 3837,3868 SR 428--General Assembly; adjournment sine die, amend SR 427 to
10:15 P.M. March26. .......................... 3844, 3868, 3921

INDEX

3953

PART II

HOUSE BILLS AND RESOLUTIONS

HB 48--Protection of Children Reared under Immoral

Conditions; repeal Code ............. 28, 32, 3094, 3397, 3604, 3859

HB 55--MARTA; acquisition or

disposal of property. ............ 28, 32, 115, 160,210,212,433,866,

893, 927, 3077, 3346, 3411, 3629, 3866

HB 56--Election Code; residency requirements, spouse's

residence not required to be same....... 433, 436, 856, 909, 980, 1031

HB 71--State Agencies; requirements relating to mailing

lists........................................ No action in 1982

HB 73--Crimes of Theft; change penalty

provisions ......................... 1394, 1635, 1723, 1805, 3857

HB 76--Employees' Retirement System; change

provisions on mandatory retirement age. .............. 28, 32, 2841,

HB 79--Malt Beverages; provide

3122,3184,3858

for distribution............................... No action in 1982

HB 83--Cruel Treatment by Parents; repeal Code ................... 28, 32

HB 84--Ambulance Services; physicians serving

as medical advisers, immune from

civil liability ...................... 28, 33, 210, 366, 464, 533, 1383

HB 92--Health Education Curriculum;

provide under APEG .......................... No action in 1982

HB 94--Child Custody Cases; court may order

investigations. ................. 2017, 2219, 2223, 3398, 3688, 3859

HB 95--Insurrection; change definition

of offenses .................................. No action in 1982

HB 98--Partnership Names, Trade;

registration.................................. No action in 1982

HB 99--Corporate Contributions to Influence Official

Action; penalty. .............................. No action in 1982

HB 100--Material Facts Discovered by Confession;

relating to ................................... No action in 1982

HB 105--Consideration; change

definition ................................... No action in 1982

HB 106--Juries; change time periods for summoning ........ 28, 33, 2017, 2018

HB 107--Court Reporters; testing, certification and

functions performed................................ 1324, 1326

HB 108--Contracts of Suretyship and Guaranty;

abolish distinction ............................ No action in 1982

HB 110-Unfair Cigarette Sales Act;

repeal...................................... No action in 1982

HB 111 --Abatement of Nuisances;

proper venue ................................ No action in 1982

HB 127--Automobile Liability Insurance; payments

for loss of use. ........................ ..641,860,917,949,1164

HB 137--Construction Industry Licensing

Board; requirements. ................................... 28, 33

HB 138--Trial Judges and Solicitors Retirement Fund;

creditable service............................. No action in 1982

HB 146--Minimum Wage; increase for certain

employees........................................ 28,33, 442

HB 148--Self-Service Storage Facilities;

define ............................ 28, 33, 304, 377, 418, 821, 826

3954

INDEX

HB 153--Public School Employees Health Insurance Plan; definitions. ...................... 62, 2755, 2788, 3137, 3865
HB 170--Motor Vehicles with Flashing Lights; use of by certain individuals ................ 1632, 1708, 3122, 3275
HB 190--Emergency Service at Scene of Accident; relief from liability. ................... No action in 1982
HB 218--Offender Rehabilitation Department; detainers on prisoners .............. 29, 33, 442, 573, 648, 810, 3857
HB 233--Ware County Board of Tax Assessors; election of members. .......................... No action in 1982
HB 245--Employees' Retirement System; credit for out-of-state services ............................. 1633
HB 248--County and Independent School Superintendents; duties and qualifications. ................................ 29, 34
HB 251--Stone Mountain Memorial Association; sale of alcoholic beverages .................... 29, 34, 1919, 2024, 2053
HB 256--Private Detective and Private Security Agencies; regulate, licensing provisions. .................... 29, 34
HB 290--Employees' Retirement System; benefits, GBI and Public Safety Department personnel .........1311
HB 291--Teachers' Retirement System; prior local service credit. . . . 2482, 2483, 2881, 3029, 3271, 3343, 3344, 3412, 3743,3866
HB 307--Domicile of Married Persons; redefine. ............ 298, 300, 857, 909, 981, 1046, 1067, 1082, 1144
HB 325--Workers' Compensation; change certain provisions .................................. 2217, 2223
HB 326--Legislative Retirement System; provisions relating to prior service ............................... No action in 1982
HB 358--Postsecondary Educational Authority Act; applicability to certain colleges outside State. ................ 29, 34
HB 364--Election Code; change provisions relating to qualification fees ..... 2059, 2071, 2480, 2483, 2880, 2884, 3284, 3325
HB 371--Corporations; execution of instrument releasing a security agreement, signature provisions. ................... 29, 34, 2017, 2219, 3397, 3560, 3859
HB 375--Gift of Realty; repeal Code section relating to possession by child of father's land. ................ 2017
HB 379--Trappers; provisions for landowners taking and holding raccoons. ............................. 29, 34
HB 380--Raccoon Fur Sellers; licensing requirements.................................. 29, 35
HB 387--Adequate Program for Education (APEG); State Board limited in setting rules or standards for programs not fully funded ........... No action in 1982
HB 407--Chatham County; compensation of certain officials ................... 2920, 2953, 3092, 3095, 3358
HB 425--Architects; exempt certain persons from registering. ......................... 1920, 2126, 2137, 2836
HB 438--Adequate Program for Education (APEG); delay reducing special education instructional units ........... 29, 35
HB 454--Corporate Takeovers; takeover bids directed at joint-stock associations. ..... 29, 35, 857, 917, 954, 1082, 1130, 1382
HB 455--Corporations; dissenting shareholders, rights. ..................... 29, 35, 857, 917, 953, 1082, 1141, 1382

INDEX

3955

HB 456--Corporate Takeovers; registration statements not for public inspection .............. 29, 35, 857, 1268, 1278, 1383
HB 460--Community Affairs Department; advisory board, additional members. . 147, 152,1391, 1635,1723, 1808
HB 485--Nonprofit Hospital Service Corporations; investments ....................... 29, 35, 2213, 2530, 2817, 3348
HB 516--Multi-level Distribution Companies; redefine .................................... No action in 1982
HB 530--Divorce; jurisdiction over certain nonresidents. ................. 29, 36, 2017, 2482, 3123, 3296, 3857
HB 533--Fulton County Retirement Fund; county employees ............................ No action in 1982
HB 572--Council for the Arts and Humanities; special affairs officers for certain groups. ................ No action in 1982
HB 578--Motor Vehicle License Plates; street rods and antique cars ........................... 29, 36, 642, 866, 917, 942
HB 580--Traffic Offenses; penalties for violation, minimum time to be served. . . . 3094, 3095, 3396, 3402, 3858
HB 589--Grants to Students; tuition for out-of-state colleges, certain cases .............. 1952, 1954, 2216, 2223, 2880, 2912, 3348
HB 610--Juvenile Court; jurisdiction provisions, definition of designated felony act .............. 857, 909, 981, 1039, 1067, 1082, 1144, 1179, 1218,2812,2964
HB 616--Group Accident and Health Insurance; coverage and contracts as agreed between policyholder and insurer . . . 357, 361, 905, 974, 1082, 1156, 1179, 1230
HB 628--Superior Court Judges; chief judge may limit distribution of reports. ..................... 29, 36, 2017
HB 629--Superior Court Judges; chief judge may limit distribution of session laws ..... 29, 36, 906, 980, 1026, 2209
HB 634--Housing Authority Law; delete references to Board, requirements of commissioners. .................... 29, 36, 2015, 2530, 2822, 3349
HB 636--Archives and History; repeal Code on compiling statistical register .................. No action in 1982
HB 638--Family Day-Care Centers; redefine ...................... 1393, 1635, 1722, 1757, 1998, 2045
HB 647--Oconee County Public Utility Authority; filling of vacancies ........................................ 72
HB 648--Grand Juries; authority to issue reports on operation of public offices and institutions...... 3700, 3703
HB 654--Income Tax; change amounts of standard deductions.................................... 29, 36
HB 686--County and Municipal Hospital Authorities; extend powers for construction, contracts and loans. ....... 298, 300, 905, 974, 1081, 1149, 1384, 1400
HB 691 --Chatham County; provisions on alcoholic beverage sales within certain distance of church ...... 29, 37
HB 717--Traffic Violations; payment of cash bonds in certain cases, change provisions. ................... 29, 37, 2017, 2219, 3397, 3666, 3859
HB 720--City of Alpharetta; new charter ....................... 3090, 3095 HB 723--Bail; prohibited under certain
circumstances. .............. 221, 236, 1311, 1397, 3121, 3127, 3351

3956

INDEX

HB 732--Coroners' Jurors; compensation. .......... 29, 37, 205, 258, 295, 309,
376, 384, 847 HB 739--Licensure and Registration of
Motor Vehicles; exemptions for nonresidents .................. 1267, 1276, 1706, 1836, 2127, 2198 HB 767--Mechanics' Liens; provisions on filing, notices and enforcement . 558, 560, 1706, 1836, 1937, 1938, 3300, 3303 HB 774--Manufactured Homes; mobile homes renamed in Uniform Standards Act. .... 30, 37, 2016, 2127, 2145, 3347 HB 780-Vital Records; new Code Chapter . . 1725, 1726, 1919, 2018, 2127, 2160 HB 782--Adequate Program for Education (APEG); additional requirements for funding food services; school lunch program .... 1853, 1881, 2014, 2122, 2240, 2442 HB 813--Criminal Code; racketeering and securities violations included under RICO Act .................... 30, 37, 2017, 2482, 3122, 3147, 3858 HB 814--Automobile Clubs; regulation ................... No action in 1982 HB 817--Lanier County Superior Court Clerk; salary. ........... 103, 116, 194 HB 823--Grand Juries; elected officials ineligible to serve. .................... 110, 113, 205, 252, 309, 350 HB 856--Public Schools, Buildings; display of flag and National motto allowed. ................. 1384, 1390, 2216, 2224, 3121, 3144, 3348 HB 870--Act Providing Comprehensive Treatment of Alcoholism; change effective date ... 30, 37, 205, 258, 296, 309, 376,
386, 847 HB 871--Cosmetologist; redefine in Code ............. 1853, 1881, 2239, 3357 HB 883--Civil Practice; effect of dismissals
for failure to prosecute. .......... 1084, 1109, 1631, 1708, 1845, 1879 HB 888--General Assembly Members; certain
conduct unlawful............................. No action in 1982 HB 901--Liens on Repossessed Motor Vehicles;
procedures for disposition ........ 1952, 1954, 2482, 2483, 3121, 3128 HB 902--Unclaimed Property Held by Depositories;
time requirements before auction....... 2213, 2224, 3122, 3293, 3859 HB 904--Physical Therapy; powers of board,
licensing requirements. ..... 1324, 1326, 2216, 2224, 2531, 2881, 3045 HB 906--Motor Vehicle on Public Street;
maximum gross weight ........................ No action in 1982 HB 908--Jones County; consolidate offices
of tax receiver and tax collector. ................. No action in 1982 HB 922--Carroll County; advisory referendum for
hazardous waste disposal site ................... No action in 1982 HB 930--Professors in University System Schools;
use of university name in articles or reports prohibited .......................... No action in 1982 HB 931--Habeas Corpus Procedures; persons under court sentence ... 60, 61, 365, 446, 573, 648, 866, 917, 945, 1164 HB 943--Town of Thunderbolt; change corporate limits .......................... 120, 140, 204, 252, 306 HB 944--Savannah Port Authority; powers and duties, definitions ................... 2800, 2805, 3092, 3095, 3358 HB 961--Wilkes County; tax commissioner retain fees from ad valorem taxes on autos, mobile homes . . No action in 1982

INDEX

3957

HB 977--Douglasville-Douglas County Water Authority; change name ................................ No action in 1982
HB 981--Driver's Operating Record; abstract to insurance company limited to current two years ........ 2058, 2069
HB 989--Adequate Program for Education (APEG); school facilities constructed with local funds exempt from State minimum standards. ........... No action in 1982
HB 993--Family Violence Prevention; court order may require psychiatric treatment of parties involved ................ 2059, 2071, 2839, 2843, 3122, 3262
HB 1015--City of Bloomingdale; additional territory within corporate limits ............................ 303, 370, 451
HB 1034--Workers' Compensation; change provisions on self-insurance funds ........................ No action in 1982
HB 1043--Hancock County; chief deputy and deputy sheriffs' salary ............................... No action in 1982
HB 1048--Contracts for Public Works; escrow accounts ..... 94, 101, 1920, 2018 HB 1055--Charitable Organizations; definitions,
penalties. ..................... 1853, 1882, 2479, 2483, 3397, 3562 HB 1074--Physician's Assistant Act; amend relating
to number under supervision of one person. . . 898, 902, 1244, 1313, 1654, 1656, 1691, 1723, 3122, 3284 HB 1087-Cobb Judicial Circuit; additional judge .................. 110, 113, 205, 252, 309, 351, 898 HB 1097--Mountain Judicial Circuit; District Attorney's Investigator, compensation .... 303, 370, 453, 1070 HB 1102--Land Sales Act; regulate sale of subdivided land. .................... 1435, 1449, 2015, 2122, 2880, 3018, 3861 HB 1109--Surface Water; monitoring and recording use ..... 109, 366, 447, 573, 648, 812, 899, 939, 1090, 1099, 1384, 1457 HB 1110--Ground Water; monitor and record use ..... 109, 366, 447, 573, 648, 814, 899, 939, 1091, 1099, 1384, 1460 HB 1111 --Gainesville and Hall County Development Authority; additional powers, definitions .............................. 356, 363, 565, 642, 861 HB 1118--Cobb County State Court; additional judge. . . 93, 101,2477,2486,2851 HB 1141--Supplemental Appropriations; to obligation debt sinking fund for certain construction and expansion ............................. 57, 58, 61, 75, 78, 79 HB 1142--Supplemental Appropriations; for Administrative Services, Labor, Medical Assistance and Offender Rehabilitation Department............................ 57, 58, 61, 75, 78, 80, 95 HB 1144--Supplemental Appropriations; for Medical Assistance Department ................. 2773, 2790, 2815,
2816, 2837, 2842, 3121, 3123, 3351 HB 1145-Motor Vehicle Certificate of Title Act;
salvage motor vehicle, definition. ....... 72, 74, 88, 105, 120, 160, 164 HB 1147--Town of Register; incorporate. .............. 145, 153, 303, 370, 451 HB 1153--Carrying Concealed Weapons; exemption
for probation supervisors and municipal safety directors. .............. 165, 188, 366, 447, 573, 649, 816, 898 HB 1154--Motorcycles; motor vehicle accident insurance required ................................... 357, 361

3958

INDEX

HB 1156--Motor Vehicle Inspection; repeal provisions ......... 72, 74, 88, 105, 120, 160, 166, 197, 221, 235, 358, 379, 992, 1071
HB 1157--Suspected Arson; fire departments make certain reports .................... 94, 101, 304, 371, 464, 536, 966
HB 1158--Columbus-Muscogee County; special purpose grand juries .............. 110, 114, 1245, 1313, 1401, 1404
HB 1160--Sunset Law; change termination date of Board of Engineers and Land Surveyors .............. 298, 301, 442, 569, 650, 865, 917, 948
HB 1161--Area Planning and Development Commissions; boundary changes, powers and duties. ............ 91, 119, 441, 570, 650,866,916,930, 1163
HB 1162--Code of Georgia Annotated; provide for distribution ............. 60, 61, 115, 158, 211, 257, 259, 821, 943
HB 1167--Death Penalty Cases; mistrials in sentencing phase ........ 315, 325, 865, 1632, 1708, 1937, 1961, 2209
HB 1168--Gwinnett County Tax Commissioner; filling of vacancies. .......................... 71, 74, 87, 106, 117
HB 1169--Gwinnett County Probate Court Judge; filling of vacancies. .......................... 71, 74, 87, 106, 117
HB 1170--Gwinnett County Probate Court Judge, Tax Commissioner, Sheriff; filling vacancies ...... 71, 74, 87, 106, 118
HB 1171--Gwinnett County Board of Elections; change population data ............................. 72, 75, 87, 106, 118
HB 1172--Gwinnett Judicial Circuit; additional superior court judge. ......................... 146, 152, 205, 252, 309, 353
HB 1175--Crimes Involving Controlled Substances; use of surveillance devices. .... Ill, 114, 1310, 1397, 1655, 1723, 1804
HB 1178--Water Resources; rights of users with permits to withdraw ......................... 199, 203, 3357
HB 1179--Guardian for Incapacitated Adults; may also serve as attorney ................... 72, 75, 205, 252, 309, 376, 377
HB 1180--Sheriffs; duties relating to licensing of professional bondsmen. 356, 362 HB 1181--Sumter County Superior Court, Southwestern
Judicial Circuit; terms of court .............. 198, 203, 303, 371, 451 HB 1182--City of Lawrenceville; exclude certain
property from corporate limits .............. 198, 203, 441, 569, 644 HB 1184--Putnam County Small Claims Court; repeal Act
creating ................................. 93, 101, 204, 252, 306 HB 1189--Professional Sanitarians; licensing of
certain persons not meeting requirements. .... 1324, 1326, 1919, 2019, 2240, 2470
HB 1191--Firemen; civil liability . . . 146, 152, 1310, 1398, 1655, 1722, 1800, 3860 HB 1192--Oath of Juries on Voir Dire; judge or clerk
administer ...................... 147, 152, 365, 447, 573, 649, 819 HB 1197--Dublin Judicial Circuit; grand jury,
provisions for convening. ................... 93, 102, 855, 909, 976 HB 1200--Veterans Exposed to Harmful Chemicals,
Agent Orange; screening, studies and treatment. . . . 199, 203, 855, 909, 981, 1045, 1163
HB 1202--Group Life Insurance; increase maximum coverage for dependents ............. 240, 247, 905, 974, 1268, 1280
HB 1204--Medical Assistance Act; family supplementation of payments for health care ......... 1725, 1726, 2216, 2224, 3397, 3553

INDEX

3959

HB 1205--Militia Districts; formation and organization requirements .................. 1030, 1031, 1393, 1635, 1722, 1802
HB 1206--Police, Military Duty; women not exempt .................... 821, 841, 1311, 1398, 1723, 2127, 2155
HB 1207--Sunset Law; change termination date for Real Estate Commission. ......... 1267, 1276, 1393, 1635, 1722, 1792
HB 1209-Golf Hall of Fame; create ...... 110, 114, 2838, 2842, 3396, 3398, 3858 HB 1210--Property; seizure and forfeiture proceedings
if used in gambling or dealing in marijuana. . . . 1161, 1167,2016,2123, 2240, 2459, 3349
HB 1218--Sunset Law; change termination date of Architects Board. ............ 846, 850, 1631, 1708, 1844, 1846, 2210
HB 1222--Central Valdosta Development Authority; powers and duties ......................... 94, 102, 204, 252, 307
HB 1223--Sunset Law; change termination date of Chiropractic Examiners Board . . . 199, 203, 905, 974, 1082, 1116, 1238, 1464, 1987, 2036, 2203, 2209
HB 1224-Criminal Feticide; prohibit. . . 1853, 1882, 2841, 2843, 3121, 3142, 3350 HB 1229--Superior Court, Richmond County Chief Judge;
appoint jury clerk. ................. 94, 102, 205, 253, 309, 376, 378 HB 1230--Richmond County Board of Elections; change
population figures in Act. ................... 94, 102, 855, 910, 976 HB 1231--Employment Security Law; extended benefits
and other matters, change provisions. .... 199, 203, 442, 569, 650, 866, 980,981, 1383
HB 1235--Appropriations for Operation of State Government; supplemental to June 30, 1982. ................... 273, 296, 440, 569, 648, 650, 821, 825, 842, 843, 1464, 1621
HB 1236--Appropriations for Operation of State Government; for Fiscal Year July 1, 1982 to June 30, 1983. ................. 1812, 1819, 2014, 2123, 2240, 2241, 2448, 2471, 2473, 2597, 2799
HB 1237--Insurance Premium Finance Companies; code provisions apply to agents and brokers, certain cases. 1853, 1882, 2213, 2224, 2880, 2960
HB 1240--Property Seized in Criminal Cases; return to
rightful owner ................... 557, 560, 1245, 1313, 1402, 1440 HB 1243--Superior Court Judges Retirement System;
senior judges may elect spouse benefits. ...... 1625, 1628,2482,2483, 2880,2918
HB 1245--DeKalb County State Court; transfer of dispossessory, garnishment cases ............. 94, 102, 441, 569, 645
HB 1246--Decatur County Probate Court Judge; fees ...... 94, 102, 204, 253, 307 HB 1249--Development Authority Law; change definitions
and provisions relating to director and bonds .... 635,639, 1310, 1398, 1655, 1722, 1763
HB 1250--DeKalb County Commissioners; redefine certain districts ............................ 145, 153, 441, 569, 645, 966
HB 1251--Sunset Law; change termination date of Dentistry Board .................... 298, 301, 905, 975, 1081, 1089
HB 1252--Alcoholic Beverages; amend Code Chapter on licensing, administrative and referendum procedures. ...... 199, 204, 1309, 1398, 1654, 1655, 1828, 1937, 1966, 2206, 2426, 2756, 2764, 3309, 3865

3960

INDEX

HB 1253--Aggravated Assault; change penalty. ..................... 221, 236 HB 1256--State Boxing Commission; provide. ..... 2089, 2095, 2480, 2484, 3122,
3287, 3349
HB 1259--Residential Finance Authority; composition, provisions on funds, investments and bonds. ......... 357, 362, 1391, 1636, 1722, 1748, 2209
HB 1261--Sunset Law; change termination date of Pharmacy Board ..... 1216, 1393, 1636, 1722, 1793, 2755, 3127, 3271, 3334,3709, 3865
HB 1262--Columbia County Board of Elections; change population brackets in Act. ............ 146, 153, 441, 570, 647, 1070
HB 1264--Atlanta City Council; change provisions on President .......................... 1163, 1168, 1631, 1708, 1841
HB 1266--East Point; Mayor and Council, election . . 1378, 1387, 1704, 1836, 1929 HB 1267--Sheriffs' Retirement Fund;
secretary-treasurer, compensation . . . 556, 560, 1174, 1248, 1319, 1346 HB 1268--Sheriff's Retirement Fund; investment in
common stocks. ............. 556, 561, 1632, 1708, 2127, 2162, 2836 HB 1270--Safe Dams Act; change provisions and
definitions ................. 358, 362, 2121, 2220, 2530, 2813, 3351 HB 1271--Decatur County; Small Claims Court, amount of
certain fees ............................. 146, 153, 303, 371, 452
HB 1272--Iron City; election of councilmen ............ 146, 153, 303, 371, 452 HB 1273--Coweta County; State Court, salary of judge. . . . 146, 154,303,371,452 HB 1274--Health Code; emergency receiving facility
examination provisions ............ 897, 902, 1919, 2019, 2240, 2466 HB 1276--Motor Contract Carrier; definitions, exclude
vehicle transporting certain feed or vegetables ..... 432, 436, 642, 860, 916,919
HB 1277--Macon-Bibb County; Transit Authority director bonded with corporate surety ............... 356, 363, 565, 642, 862
HB 1280--Dogfighting; activities relating to unlawful. ....................... 120, 141, 366, 447, 573, 649, 866
HB 1281--Domestic Relations; legal surname used after marriage .... 356, 362, 1173, 1249, 1320, 1347, 1378, 1654, 1674, 1911
HB 1283--Crimes Relating to Controlled Substances; use of communication facility in crime unlawful. ..... 432, 437, 971, 1077, 1268, 1281
HB 1284--Career Criminal; define within law enforcement code chapter........... 555, 561, 971, 1077, 1268, 1282
HB 1285--Children's Fingerprints; provisions for taking in criminal cases. ...... .555,561,971, 1077, 1268, 1283, 1911, 1942, 2756, 2791, 3306, 3865
HB 1290--Plea of Insanity; provide for plea of guilty but mentally ill. ........... 1030, 1031,2840,2844,3122,3170,3347
HB 1291--Claims Advisory Board; procedures and requirements relating to claims against State ....... 1694, 1701, 2014, 2123,2240,2446,3350
HB 1292--Mutual Aid Resource Pacts for Fire Protection; participants ............ 147, 153, 365, 447, 573, 649, 821
HB 1293--Superior Court Judges; compensation of secretaries .................... 1999, 2011, 2840, 2844, 3121, 3141
HB 1296--Rome Judicial Circuit; drawing of grand jury. ............................ 298, 301, 970, 1077, 1179, 1201

INDEX

3961

HB 1299--Blood Test for Intoxication; procedures, immunity from liability ............ 356, 362, 1705, 1836, 1937, 1965
HB 1300--Trial Judges, Solicitors Retirement Fund; withdrawing from membership. ..... 556, 561, 1174, 1249, 1320, 1350
HB 1301--Workers' Compensation Law; corporate officers maybe exempt. ...................... 199, 204, 304, 371, 464, 538
HB 1302--Election Superintendents; furnish copies of certified records to public ............. 433, 437, 856, 910, 981, 1057
HB 1303--Fulton County; Family and Children Services Employees pension fund .............. 2756, 2766, 3090, 3095, 3359
HB 1304--Miller County; Board of Commissioners, compensation ........................... 199, 204, 303, 371, 453
HB 1307--Motor Vehicle License Plates, Revalidation Decals; increasing mailing fee . ....... 556, 561, 971, 1077, 1179, 1210
HB 1308--Development Authorities; provisions on directors and ethics ............. 2089, 2096, 2217, 2224, 3123, 3333
HB 1313--Peace Officers' Annuity Benefit Fund; amount paid to beneficiary .............. 1303, 1306, 1633, 1709, 1937, 1957
HB 1314--Peace Officers' Annuity and Beneficiary Fund; disability benefits. .............. 1435, 1449, 1633, 1709, 1937, 1973
HB 1315--Employees' Retirement System; contribution rate, optional rate, optional elections, rights and duties. .......... 1951, 1954, 3093, 3096, 3397, 3416, 3858
HB 1316--Employees' Retirement System; rates of interest for calculations and actuarial valuations . 557, 562, 3093, 3096, 3397,3572,3811,3815
HB 1317--Fulton County Judges' and Solicitors' General Retirement; cost of living increase ..................... 2800, 2805
HB 1319--City of Savannah Education Board; election of members ....................... 146, 154,3092, 3096,3373, 3858
HB 1320--Chatham County Commissioner Districts; election. ......... 146, 154 HB 1321--Retirement Systems, Teachers, Public School
Employees; definitions, membership options ....... 2090, 2097, 2482, 2484, 2880, 3013
HB 1323--Minors; contributing to delinquency, unruliness or deprivation unlawful............ 929, 941, 1632, 1709, 1845, 1875, 2208
HB 1324--Crime of Kidnapping; change certain provisions. .................... 1084, 1109, 1632, 1709, 1844, 1849
HB 1326--Criminal Defendants; alternative sentences of public work . 2088, 2095 HB 1327--Affidavits of Indigence; court may inquire
into the truth. .... .357,362,2017,2219,2224,2531,2881,3047,3350 HB 1328--Superior Courts; change punishment for
contempt ....................... 635, 639, 1705, 1836, 1937, 1956 HB 1335--Pardons and Paroles Board; early release for
prison inmates, overcrowding emergency declared by Governor ...... 1268, 1276, 1394, 1636, 1722, 1734, 2209 HB 1336--Prison Inmates; responsibility for payment of medical costs incurred. .......... 1268, 1276, 1394, 1636, 1722, 1791 HB 1337--Offender Rehabilitation; provisions on custody and costs of prisoners .... 1324, 1326, 1394, 1636, 1722, 1765,
2206, 2772, 3010, 3020, 3840, 3866 HB 1339--Teachers' Retirement System; remission of
employee, employer contributions ....... 557, 562, 1311, 1398, 1655,
1723, 1810

3962

INDEX

HB 1340--Teachers' Retirement System; determination of certain rates of interest .......... 1993, 2002, 2481, 2484, 2881, 3027
HB 1341--Atlanta; employee pensions, deductions for advanced sick leave.................. 1379, 1388, 1704, 1837, 1929
HB 1342--Teachers' Retirement System; service credit,
Indian Affairs Bureau schools ..... 2000, 2011, 2481, 2484, 2880, 3020 HB 1343--Atlanta Employees; relating to pensions,
board of trustees, worker's compensation and correct reference to Fulton County Superior Court. . . 2800, 2805, 3090,
3096, 3359 HB 1344--Assistant District Attorneys; compensation
for prior employment................................. 875, 887 HB 1345--Charges Against Sheriffs; provisions on
investigation, supension and removal petitions. . . 432, 437, 1174, 1249, 1320, 1352, 1823
HB 1348--Sentences Probated; provisions for alternative incarceration ........... 964, 967, 2016, 2123, 3397, 3568
HB 1349--Controlled Substances; redefine counterfeit substance, unlawful to sell as narcotic . 847, 850, 971, 1078, 1268, 1285, 1920, 2127, 2165, 2755, 2791, 3205, 3206, 3545, 3865
HB 1351--Ad Valorem Tax on Property in Inventory; exemptions, application information required . 1952, 1955,2213,2225, 2531,2881,3061,3861
HB 1352--Civil Practice; filing depositions with court, exceptions . . 433, 439, 970, 1078, 1179, 1209
HB 1355--Meat Inspection Act; penalty for distribution of adulterated articles ............... 357, 363, 904, 975, 1179, 1214
HB 1357--City of Dalton; employees' pension, consolidate mayor and council ......... 2760, 2770, 3090, 3096, 3359
HB 1358--Court Attendance by Peace Officers; change amount paid. . . . 298, 301, 642, 860, 917, 944
HB 1359-Rockdale Judicial Circuit; create .......... 356, 363, 970, 1078, 1179, 1207, 1234, 1269, 1290, 1383
HB 1360--Taylor County; superior court, change terms .... 555, 563, 1075, 1176, 1256, 1384
HB 1363--Sunset Law; change termination date of Librarians Certification Board . . 848, 850, 1830, 1927, 2126, 2141, 2836
HB 1364--Sunset Law; change termination date of
Foresters Board ..................... 357, 363, 857, 910, 981, 1065 HB 1365--Appropriations; special funds to Administrative
Services Department for fiscal year 1982 repealed .................... 297, 301, 440, 569, 650, 866, 917, 954 HB 1368--Health Code; Clinical Laboratory, Blood Bank and Tissue Bank Committee, membership. ............ 1237, 1240, 1919,
2019,2880,3024,3351 HB 1373--Sunset Law; change termination date of
Landscape Architects Board . . . 929, 941, 1309, 1398, 1654, 1661, 2812, 2964, 3272, 3563, 3864
HB 1375--Ad Valorem and School Tax; prepayment agreements between local governments and developers. ................ 1908, 1913, 2213, 2225, 2530, 2801
HB 1378--State Employees; provisions for time off for special religious holidays. ............. 555, 562, 856, 910, 981, 1047
HB 1380--Fulton County Commissioners; change election
districts. ................. 3056, 3058, 3090, 3096, 3379, 3593, 3603

INDEX

3963

HB 1381--Game and Fish; prohibit use of certain
body-gripping traps except near water. . . 1694, 1701,2121,2220,2531,
2881, 3052 HB 1382--Fire Fighters Standards and Training Council;
qualifications for firefighters . 1162, 1167, 1831, 1927, 2241, 2530, 2531 HB 1384--Sheriffs; deposit cash bonds and cash
reserves in interest bearing accounts . . . 432, 437, 905, 975, 1402, 1454, 1823,2157
HB 1385--Motor Carrier; redefine relating to
transporting elderly and handicapped . ....... 1649, 1650, 1832, 1927, 2240, 2458
HB 1386--Factory for the Blind; redesignate as Industries for the Blind. .... 1029, 1031, 1392, 1636, 1722, 1745
HB 1387--Vocational Rehabilitation, Human Resources; change name to Rehabilitation Services Division . . 636, 639, 970, 1078, 1269, 1285, 1383
HB 1389--Sunset Law; change termination date of Used Car Dealers Board ................ 964, 967, 1246, 1313, 1402, 1450
HB 1390--Energy Research and Development Council (OPB); create ............. 1649, 1650, 1828, 1927, 2240, 2451, 3349
HB 1391--Southeast Interstate Low-Level Radioactive Waste Management Compact; enact..... 357, 363, 857, 910, 980, 1025
HB 1395--Eye Banks; redefine and change provisions on
who may operate ..... 1649, 1650, 2480, 2484, 3122, 3260, 3673, 3687 HB 1396--Atlanta Municipal Court; revise certain costs
and fees ........................... 1991, 2009, 3090, 3096, 3360 HB 1399--Professional Standards Commission; powers and
duties ........................ 1304, 1307, 1393, 1637, 1722, 1739 HB 1400--Public Service Commission; requirements for
electric utilities converting to coal-fired operation . . 556, 562, 906, 975, 1082, 1112
HB 1401--Upper Savannah River Development Authority; create .... 1324, 1327, 1920, 2019, 2127, 2172, 2208, 2241, 2530, 2562, 3348
HB 1402--City of Dacula; qualifications of mayor, council members.... 355, 364, 641,860,912
HB 1403--County Law Library; uses of funds paid to board of trustees' treasurer .... 558, 563, 1705, 1837, 2126, 2133, 2837
HB 1404--Downtown LaGrange Development Authority; change district limits ...................... 355, 364, 565, 643, 862
HB 1406--Parental Kidnapping; Department of Human Resources information utilized for locating child . 846, 851, 1310, 1398, 1723, 2241, 2530, 2541, 3860
HB 1407--Child Support Recovery Act; unemployment compensation defined as earnings ...... 1163, 1167, 2016, 2123, 3122, 3181,3861
HB 1408--Child Support Recovery Act; provisions on services, assignment of rights ..... 1381, 1387, 2016, 2123, 2241, 2530,
2542, 3858 HB 1410--Voter Registration Places; those deemed
permanent, temporary. ............ 875, 887, 1173, 1249, 1320, 1354 HB 1411--Bibb County Water and Sewerage Authority;
insurance coverages ................. 1379, 1388, 2120, 2220, 2502 HB 1412--Macon-Bibb County Water and Sewerage
Authority; pension plan. .............. 2037, 2061, 3092, 3097, 3380

3964

INDEX

HB 1413--Administrative Services Department; bond for fiscal division director ............. 897, 902, 1173, 1249, 1320, 1355
HB 1416--Stewart County Commissioner; compensation. . 355, 364, 565, 643, 862 HB 1417--Webster County Commissioner; change expenses provisions . 355, 364,
565, 643, 862 HB 1418--Webster County Tax Commissioner; annual salary ..... 355, 364, 565,
643, 863 HB 1419--Blood Donation; leave of absence for public employees.... 1084, 1109,
1705, 1837, 2240, 2467 HB 1421--Notaries Public; provisions on renewal, seal
of office and conduct............ 2090, 2096, 3092, 3097, 3397, 3641 HB 1424--Homestead Exemption; change time to file .... 1908, 1913, 2213, 2225,
2530, 2806, 3349
HB 1426--House of Representatives; reapportion certain districts. ................. 1621, 1628, 1832, 1927, 2023, 2032, 2476
HB 1428--Banks County Tax Commissioner; compensation ........................... 356, 364, 565, 643, 863
HB 1429--Populations Classifications in Code; revise certain sections. ...... 1725, 1726, 2217, 2225, 2531, 2881, 3049, 3350
HB 1433--Adequate Program for Education (APEG); conditions for lifetime certification of teachers . 1435, 1449, 2216, 2225,
2880, 3010, 3204, 3264 HB 1434--Putnam County Small Claims Court; create .... 430, 437, 641, 860, 912 HB 1435--Controlled Substances; definitions, amend
list of dangerous drugs. 1999, 2011, 2216, 2225, 2880, 2888, 3627, 3660, 3702,3709,3751,3866
HB 1436--Teachers, Principals; definitions, contract provisions ..... 1952, 1955, 2216, 2226, 2880, 2954, 3348
HB 1437--Alcoholic Beverages; small domestic wineries, license fees and taxes, production amounts allowed. .............. 1952, 1955, 2479, 2484, 3121, 3130, 3271, 3332, 3345, 3411, 3643, 3865
HB 1438--Eton City Court; establish .................. 430, 437, 641, 860, 913 HB 1440--City of Decatur; change corporate limits. ... 431, 438, 1075, 1176, 1257 HB 1443--Terrell County Small Claims Court;
methods of serving process ................. 431, 438, 641, 860, 913 HB 1444--Engineers, Architects; counties and cities
retain record of building permit applications ................... 2057, 2069, 2838, 2842, 3123, 3299 HB 1445--Bainbridge Housing Authority; change population brackets in Act ........... 431, 438, 641, 860, 913 HB 1447--Unpaid Interest; additional interest may be charged, certain real estate loans. ............................ 555, 563, 905, 975, 1082, 1113 HB 1449--Interest on Executions for Municipal Taxes;
change provisions. ......... 1909, 1913, 2213, 2226, 2531, 2881, 3055 HB 1450--Child; liability of parents or guardian for
malicious acts. .............. 929, 941, 1632, 1709, 2126, 2130, 2836 HB 1451--Town of Chester; change corporate
limits .................................. 431, 438, 641, 861, 914 HB 1452--Sumter County Small Claims Court Judge;
term of office . .......................... .431,438,641,861,914 HB 1453--Sumter County Sheriff; change
salary .................................. 431, 438, 641, 861, 914

INDEX

3965

HB 1454--Sumter County Tax Commissioner; compensation ........................... 431, 438, 641, 861, 914
HB 1455--Whitfield County Superior Court Judge; sit as judge of juvenile court ................ 431,439, 641, 861, 915
HB 1459--Georgia Bureau of Investigation; inspection of rebuilt motor vehicles for certificate of title ............. 846, 851, 972, 1078, 1179, 1191, 1304
HB 1463--Habersham County; sales tax proceeds to School District ...................................... 432, 439
HB 1464--Byssinosis; definition of disease under
Workers' Compensation. ........ 2000, 2011, 2217, 2226, 2530, 2773,
3204, 3206, 3345, 3411, 3721, 3866 HB 1467-Tax Executions; fees charged .......... 1822, 1825, 2016, 2123, 2240,
2448, 3347 HB 1469--Divorce; all issues adjudicated before
final decree ....................................... 2000, 2012 HB 1470--Election Code; voter registrars,
compensation. ................... 964, 968, 1173, 1249, 1320, 1356 HB 1471--City of Covington; cable television sale conveyance
approved by voters .................... 432, 439, 1391, 1637, 1712 HB 1473--Minors; sale or display of harmful materials,
definitions, penalties...................... 2090, 2096, 3357, 3358 HB 1474--Military Installation; timber sale proceeds
to local government and schools ........ 1909, 1913, 2015, 2124, 2241 2530,2559
HB 1477-Wilcox County Sheriff; compensation. ........ 554, 563, 855, 910, 977 HB 1478--Dougherty County State Court Judge;
compensation ........................... 554, 563, 855, 910, 977 HB 1479--Farmers' Mutual Fire Insurance Companies;
geographic limitations ........... 1909, 1913, 2214, 2226, 2530, 2805 HB 1480--City of Mountain Park; new
charter ............................ 1068, 1073, 1631, 1709, 1841 HB 1481--City of Roswell; change corporate
limits ............................. 1159, 1168, 1-631, 1709, 1841 HB 1483--Laurens County Private Club Alcoholic
Beverage Sale; changing population brackets in Act ............................. 1380, 1387, 1704, 1837, 1930
HB 1486--City of Bogart; reincorporate. ............... 1068, 1073, 1704, 1837 1930,2421,2789
HB 1487--Fayette County Small Claims Court; filing fees ............................... 554, 564, 855, 910, 977
HB 1488--MARTA; enter lease agreements concerning mass commuting vehicle .............. 1435, 1449, 2014, 2124, 3002
HB 1490--Peace Officer Standards and Training; change council membership, personnel defined as peace officers. ................... 846, 851, 1244, 1314, 1401, 1403
HB 1491--Fire Protection Sprinkler Contractors; regulate. ................. 1952, 1955, 2016, 2124, 2240, 2444, 2837
HB 1492--Fulton County; conditions for Probate Court Chief Clerk to fill vacancy . ....... 1159, 1168,2477,2487,2852,3352
HB 1495--Precious Metals Dealers; regulations, change certain definitions and requirements. ........ 1994, 2002, 2217, 2226, 2880, 3019
HB 1497--DeKalb County; ad valorem tax limitations for financing government services ...... 554, 564,2838,2844,3112, 3351

3966

INDEX

HB 1499--State Properties Commission; powers and duties relating to mineral leases. ..... 875, 888, 1174, 1250, 1320, 1357
HB 1501--Fulton County Personnel Administration; revise laws pertaining to .............. 1991, 2010, 3090, 3097, 3360
HB 1502--General Assembly; change requirements on content of fiscal notes. ........ 556, 563, 1633, 1710, 3121, 3133, 3349
HB 1503--City of Waycross; Public Facilities Authority, create . . . 844, 852, 1829, 1927, 2022
HB 1504--Charlton County Tax Commissioner; compensation. . . . 555, 564, 1829, 1927, 2022
HB 1505--Atlanta Board of Education; qualifications of members .... 1159, 1168, 1631, 1710, 1842
HB 1506--Atlanta School System Civil Service Board; change name. . . 1160, 1168, 1631, 1710, 1842
HB 1508--Drug Abuse by Minors; teachers, immunity from liability .................. 2057, 2069, 2840, 2844, 3123, 3326, 3861
HB 1509--Public Utilities; fees paid to Public Service Commission..................... 846, 851, 1174, 1250, 1320, 1358
HB 1513--Insurance Code; additional investments in mortgage securities authorized. ........ 1951, 1955, 2214, 2226, 2531, 2881,3057,3351
HB 1518--Sunset Law; change termination date of Veterinary Medicine Board ........... 635, 639, 904, 975, 1179, 1213
HB 1519--Buying Services Act of 1975; change enforcing official. . . 635, 639, 904, 976, 1179, 1215
HB 1523--Town of Rincon; Mayor, Councilperson, filling vacancy ..... 634, 640, 1075, 1176, 1257
HB 1524--Effingham County State Court Judge and Solicitor; salary .... 635, 640,
855,911,978 HB 1525--Game and Fish; change certain provisions
and requirements .............. 1216, 1920, 2019, 2127, 2200, 2754, 2787, 3205, 3262, 3595, 3865
HB 1527--Motor Vehicle Operators; amateur radio operators, license plate provisions. . 2090, 2097, 2482, 2484, 2880, 3017
HB 1529--Motor Vehicle Operators; citizens' band radio operators, license plate provisions ........... 2090, 2097, 2482, 2485, 3397, 3406, 3627, 3642
HB 1531--Chatham County Board of Elections; change population . 635, 640, 855, 911,978
HB 1532--Election Code; poll officers, compensation in counties over 200,000 population .... 635, 639, 1173, 1250, 1320, 1359
HB 1533--Banking and Finance; credit unions, interest rate charges .............. 1161, 1167, 1308, 1399, 1654, 1680, 1912
HB 1534--Children and Youth Act; goals to reduce number of children in foster care ........ 898, 902, 1919, 2019, 3122, 3178, 3348
HB 1537--Richmond County; compensation of certain officials . 2418, 2422, 3090, 3097, 3360
HB 1538--Cobb County School Security Personnel; law enforcement powers ................... 844, 852, 2477, 2487, 2853
HB 1541--Physicians; release certain information to Human Resources Department ........ 1304, 1307, 1632, 1710, 1845, 1870, 2210
HB 1546--George L. Smith II, World Congress Center Authority; recreate . . . 1999, 2012, 2480, 2481, 2485, 2880, 3003, 3284,
3303, 3344, 3482, 3650, 3866

INDEX

3967

HB 1547--Appointment of Guardian; patient in federal facility, affidavits ............... 1952, 1956, 3094, 3097, 3397, 3640
HB 1549--Clinical Labs; licensure of specimen collection stations . 929, 941, 1244, 1314, 1402, 1452
HB 1550--Banks; deposits by minors, third party payments .... 1380, 1387, 1703, 1837,2126,2135
HB 1551--Laurens County Tax Commissioner; compensation .... 844, 852, 1172, 1250, 1315
HB 1552--Cobb County State Court; compensation of chief deputy clerk. ......................... 844, 852, 2477, 2487, 2853
HB 1553--Regulation of Hospitals; definitions. 1161, 1167, 2216, 2227, 2881, 3026 HB 1554-Motor Vehicles; redefine habitual violator ....... 847, 851, 972, 1078,
1269, 1287 HB 1555--DeKalb County State Court; agency to provide
legal service to low-income ............ 1623, 1628, 2838, 2844, 3106 HB 1557--Motor Vehicle Registration; provisions for
temporary permits. ............... 897, 902, 1246, 1314, 1401, 1415 HB 1558--Landlord and Tenant; dispossessory and
distress warrant proceedings . 2059, 2070, 3093, 3097, 3397, 3585, 3859 HB 1560--Cobb County Board of Commissioners; meetings...... 845, 852, 2477,
2487, 2853
HB 1563--Grants to Certain Cities; failing to file required certification for funds .... 1084, 1109, 2015, 2124, 2240, 2453
HB 1564--Montgomery County Board of Commissioners; election. 845, 852, 1172, 1250. 1315
HB 1565--Wheeler County Tax Commissioner; compensation of certain employees ................... 845, 853, 1172, 1250, 1315
HB 1566--Wheeler County Superior Court Clerk; compensation of certain employees ....... 845, 853, 1172, 1250, 1315
HB 1567--Wheeler County Sheriff; compensation of certain employees . 845, 853, 1172, 1251, 1316
HB 1568--Wheeler County Tax Commissioner; compensation. . . . 845, 853, 1172, 1251. 1316
HB 1569--Wheeler County Board of Education; election and terms of members. ................. 845, 853, 1172, 1251, 1316
HB 1570--Lowndes County Board of Commissioners; manner of selection . ................... 846, 853, 1172, 1251, 1317
HB 1571--Dougherty County Board of commissioners; change commission districts ................ 825, 841, 855, 911, 978
HB 1575--Union County Tax Commissioner; annual salary ........... 896, 903, 1075, 1176, 1258, 1382
HB 1576--Union County Superior Court Clerk; annual salary ......... 896, 903, 1075, 1176, 1260, 1382
HB 1577--Union County Probate Court Judge; compensation ......... 897, 903,
1075, 1176, 1263, 1382
HB 1578--Union County Sheriff; compensation . 897, 903, 1075, 1176, 1264, 1382 HB 1583--Motor Vehicles; material on windows
obstructing vision unlawful .......................... 1953, 1956 HB 1584--Hearings Conducted by Telephone;
consent of all parties ............ 1161, 1168, 1705, 1837,2024,2107 HB 1585--Possession of Firearms by Convicted Felon;
authorized, certain circumstances ...... 1304, 1307, 1706, 1838, 2126, 2128,2836
HB 1586--City of Macon; resident of housing project serve as member of housing authority. ....... 1068, 1073, 3090, 3097, 3381,3859

3968

INDEX

HB 1587--Fire Safety Standards; change provisions relating to enforcement, contracts between local political subdivisions . . . 2059, 2070, 2218, 2227, 2531, 2881, 3046
HB 1589--Fulton County Probate Court Judge; minimum compensation ...................... 1160, 1169, 2014, 2124, 2235
HB 1593--City of Avondale Estates; change corporate limits ........... 897, 903 HB 1594--City of Avondale Estates; change corporate limits ..... 897, 903, 2838,
2844, 3106 HB 1595--Coffee County; maximum court costs for law library fund. . 1623, 1628,
1704, 1838, 1931 HB 1596--Dawson County; clerks of superior and probate courts,
salary ............................... 897, 903, 1075, 1177, 1257
HB 1597--DeKalb County Probate Court Judge; nonpartisan nomination, election ......... 963, 968, 1631, 1710, 1842
HB 1599--Burke County Coroner; expense allowance . 963, 968, 1172, 1251, 1317 HB 1601--Boat Safety Zones; regulations near dams and
swimming areas. ............... 1434, 1449, 1920, 2019, 2127, 2164 HB 1609--Twiggs County Board of Education; election of members .... 963, 968,
2121,2220,2502 HB 1610--Twiggs County Board of Commissioners; election of members .... 963,
968,2121,2220,2502 HB 1612--Lowndes County Small Claims Court; change jurisdiction.... 964, 968,
1172, 1251, 1317
HB 1616--Cobb County Board of Health; additional member... 1160, 1169, 2477, 2487, 2854
HB 1617-Rockdale Judicial circuit; create. . ..................... 1951, 1956 HB 1618--Fair Access to Insurance Act; extend effective date. . . 1694, 1701, 2214,
2227, 2880, 3023 HB 1622--Newton County Probate Court; jurisdiction
over violation of ordinances ........... 1068, 1073, 1391, 1637, 1712 HB 1623--Terrell County Tax Commissioner; compensation . . . 1069, 1073, 1172,
1251, 1318 HB 1624--City of Port Wentworth; change corporate limits .... 1069, 1073, 1704,
1838, 1931 HB 1625--Bibb County Education Board; terms of members unlimited . . 964, 968,
3090, 3098, 3360
HB 1626--Perry Redevelopment Authority; repeal Act creating . 1069, 1074, 1309, 1399, 1647
HB 1629--Jenkins County Small Claims Court; fee for filing claim.... 1069, 1074, 1172, 1251, 1318
HB 1630--Public Service Commission, Utility Section Director; qualifications .......... 1909, 1914, 2217, 2227, 2880, 2883
HB 1631--Superior Court Clerks; vacancies in office..... 1998, 2012, 2480, 2485, 2881,3035
HB 1634--Superior Courts; change fees for recording, indexing financing statements ....... 1725, 1726, 2017, 2018, 2124, 2240, 2452
HB 1635--City of Mountville Water Authority; create. ........ 1160, 1169, 1309, 1399, 1648
HB 1636--Criminal Procedure; procedures for appearance bonds forfeiture ........... 1998, 2012, 2840, 2844, 3123, 3321, 3861
HB 1638--Historic Preservation of Property; definition of facade easement. ............. 2057, 2069, 3093, 3098, 3397, 3616
HB 1640--Lee County Board of Elections; provide . . 1161, 1169, 1391, 1637, 1712

INDEX

3969

HB 1641--County Education Board Members, School Superintendents; change certification procedures . . . 2089, 2096, 2216, 2227, 3123, 3330, 3593, 3603
HB 1642--Social Service; county family and children services departments, destruction of obsolete records ..... 2058, 2069, 2216,2227,3122,3292
HB 1644--Laurens County Sheriff; compensation. . . 1162, 1169, 1391, 1637, 1712 HB 1646--Clayton County Tax Commissioner; compensation . . 1162, 1169, 1391,
1637, 1713
HB 1647--Clayton County Board of Commissioners; compensation of chairman ............ 1162, 1170, 1391, 1637, 1713
HB 1649--Clayton County Probate Court Judge; compensation . 1162, 1170, 1391, 1637. 1713
HB 1650--Clayton County Sheriff, Superior Court Clerk; compensation ...................... 1162, 1170, 1391, 1638, 1714
HB 1651 --Clayton County State Court Judges and Solicitor; compensation............... 1162, 1170, 1391, 1638, 1714
HB 1653--Cherokee County Commissioner; compensation .... 1162, 1170, 1391, 1638. 1714
HB 1661--City of Milner Mayor and City Council Members; time of election. ............ 1235, 1241, 1391, 1638, 1715
HB 1662--Lamar County Coroner; annual salary . . . 1235, 1241, 1391, 1638, 1715 HB 1663--Lamar County Tax Commissioner; compensation . . . 1235, 1241, 1391,
1638. 1715 HB 1664--Bulloch County Board of Commissioners;
compensation of clerks ............... 1235, 1241, 1391, 1638, 1715 HB 1665--Bulloch County Probate Court; compensation of clerk. .... 1235, 1241,
1391. 1638, 1716 HB 1666--Bulloch County Tax Commissioner; compensation
of assistants ........................ 1235, 1241, 1391, 1639, 1716 HB 1667--Bulloch County Superior court; compensation
of clerk's employees ................. 1236, 1241, 1392, 1639, 1716 HB 1668--Bulloch County; compensation of sheriff's deputies. ...... 1236, 1242,
1392. 1639, 1717 HB 1669--City of Valdosta; redefine corporate limits ......... 1160, 1170, 1392,
1639. 1717
HB 1671--Atlanta; authorize closing city streets under certain conditions ................... 2038, 2061, 3090, 3098, 3361
HB 1672--Cobb County State Court; change certain costs...... 1236, 1242, 2477, 2487, 2854
HB 1673--Clarke County Recorder's, Magistrate's Court; appeals of civil cases ............ 1160, 1170, 1392, 1639, 1717, 1912
HB 1674--Clarke County Hospital Authority; members of the board . . 1160, 1171, 1392, 1639, 1718
HB 1675--Clarke County State Court Judge; no law practice. . . . 1161, 1171, 1392, 1639, 1718
HB 1677--Cobb County Civil Service Board; qualifications of members............. 1236, 1242, 2477, 2488, 2854
HB 1679--Henry County Development Authority; appointment of members ............. 1236, 1242, 1392, 1640, 1719
HB 1680--Henry County Board of Commissioners; description of districts ................ 1236, 1242, 1392, 1640, 1719
HB 1681--Henry County Water and Sewerage Authority; membership. ....................... 1236, 1242, 1392, 1640, 1719
HB 1683--Catoosa County Sheriff; fiscal administration of office. .... 2038,2061, 2477, 2488, 2855

3970

INDEX

HB 1687--City of Grove town; change provisions relating

to city court ........................ 1303, 1307, 1392, 1640, 1720

HB 1689--Chattooga County Commissioner; procedures for

disposal of county property. ........... 1303, 1307, 1392, 1640, 1720 HB 1690--Brunswick-Glynn County Charter Commission;

extend time to complete work .......... 1303, 1307, 1392, 1640, 1720 HB 1691--Fulton County; establish countywide library

system ............................ 2420, 2424, 3090, 3098, 3361

HB 1693--Securities Commissioner; issue transactional exemption .................... 1994, 2002, 2838, 2842, 3121, 3129

HB 1695--Human Resources Commissioner; delegate certain authority over public

assistance programs. ............ 1999, 2012, 2840, 2845, 3123, 3324 HB 1698--Jackson County; time for submitting
tax returns ......................... 1379, 1388, 1704, 1838, 1932

HB 1700--Clayton County; amount of deductions by tax officials from school taxes ........ 1379, 1388, 2121, 2221, 2503, 3349
HB 1701--Cherokee County Board of Education; education

districts ........................... 1379, 1388, 1704, 1838, 1932 HB 1702--Garden City Council; more than 1 recorder in

recorder's court..................... 1379, 1388, 1704, 1838, 1932 HB 1705--Lincoln County Board of Commissioners;

compensation of chairman ............ 1379, 1389, 2121, 2221, 2504 HB 1706--Corporations; fee for cost of filing articles

of incorporation ........... 1694, 1702, 2017, 2018, 2125, 3122, 3273

HB 1707--Fulton County Building Authority; redefine

project ............................ 2756, 2766, 3090, 3098, 3361

HB 1710--Henry County Administrator; create office. ........ 1380, 1389, 1704,

1838, 1933

HB 1711--City of Tennille; change corporate limits. .......... 1380, 1389, 1704,

HB 1712--Washington County Judge and Solicitor;

1839,1933

compensation ...................... 1380, 1389, 1704, 1839, 1933 HB 1713--Washington County Board of Commissioners;

compensation ...................... 1380, 1389, 1704, 1839, 1933 HB 1714--Superior Court Clerks; provisions for

compensation ........ 2089, 2095, 3093, 3098, 3397, 3409, 3627, 3695 HB 1715--State Contracts; provisions for waiver of

sovereign immunity ........ 1998, 2013, 2218, 2228, 2530, 2798, 3350

HB 1717--Chatham County Probate Court Clerk; salary....... 1623, 1629, 2477, 2488, 2855
HB 1718--Worth County Board of Commissioners; provide

districts for election. ................. 1624, 1629, 1704, 1839, 1934 HB 1719--Superior Courts; number of judges for Cordele

Circuit and Rome Circuit. ...... . 1994,2003,2217,2228,2530,2811 HB 1720--Clayton County Water Authority; compensation

of members ........................ 1624, 1629, 1704, 1839, 1934 HB 1721--Clayton County Civil Service Board;

compensation ...................... 1624, 1629, 1704, 1839, 1934

HB 1724--Probate Courts; enumerate powers and duties . 1999, 2013, 2840, 2845,

3123,3322,3861 HB 1725--Downtown Marietta District; enlarge ........ 1624, 1629, 2477, 2488,

HB 1727--Cobb County State Court; when accusations

2856, 3347

must be based upon affidavit. .......... 1624, 1629, 2477, 2488, 2855

INDEX

3971

HB 1728--City of Kennesaw; change corporate limits ......... 1649, 1651, 2477, 2488, 2860
HB 1729--Public Defender; authorized to practice criminal law, certain circumstances ........... 2058, 2070, 2840, 2845, 3122, 3263
HB 1730--Landlord and Tenant; dispossessory affidavits before certain justices of the peace, posting of summons . . . 1994, 2003, 2217, 2228, 2531, 2881, 3058, 3352
HB 1731--Bibb County Board of Commissioners; districts ..... 1380, 1389, 2121,
2221,2504,3089 HB 1732--Macon-Bibb County Water and Sewerage
Authority; electoral districts ...... 1380, 1389, 2121, 2221, 2505, 3089 HB 1736--Indemnification for Death of Policeman,
Prison Guard; redefine prison guard ......... 1993, 2003, 2218, 2228,
2880,3005 HB 1737--Atlanta; exclude certain property from
corporate limits ..................... 1991, 2010, 3090, 3098, 3362 HB 1738--Dougherty County Board of Commissioners;
change districts .......................... 1905, 1915, 3090, 3099 HB 1739--Henry County Small Claims Court; election of judge . 1998, 2013, 2477,
2488, 2860 HB 1740--Hart County Tax Commissioners; annual salary. .... 1624, 1630, 1704,
1839, 1935 HB 1741--Richmond County Civil Court; costs, fees and
deposits of costs..................... 1988, 2004, 2838, 2845, 3106 HB 1742--Income Tax; provide for certain tax credits for
modification of workplace to employ handicapped ....... 1995,2003, 2838,2842,3123,3301
HB 1744--City of LaGrange, extend corporate limits. ......... 1624, 1630, 1704, 1839, 1935
HB 1745--Interest and Usury; override federal preemptions in mortgage, business and agricultural financing. ........... 2058, 2069
HB 1748--Cook County School Superintendent; election ...... 1693, 1702, 2014,
2125, 2236 HB 1749--Alcoholic Beverage Sales on Sunday; change
population figures ................... 1994, 2004, 3090, 3099, 3383 HB 1751--Franklin County; referendum concerning Board
of Education members. .......... 1625, 1630, 1705, 1840, 1935, 2059 HB 1752--Alcoholic Beverage Sale; prohibit on
Christmas Day ................. 1694, 1702, 2479, 2485, 3121, 3143 HB 1753--Cobb County State Court; number of assistant
solicitors. .......................... 1693, 1702, 2477, 2489, 2860 HB 1755--Special Officers for Protection of Railroad
Property; bond and commission requirements .................. 1994, 2004, 2218, 2228, 3122, 3295 HB 1758--Morgan County Coroner; salary ........ 1693, 1702, 2014, 2125, 2236 HB 1759--Morgan County Small Claims Court; change jurisdiction .................. 1693, 1702, 2014, 2125, 2236 HB 1760--Morgan County Board of Commissioners; new election districts. ................ 1694, 1703, 2014, 2125, 2236 HB 1766--Piedmont Judicial Circuit Superior Court Judge; supplemental compensation ........... 1821, 1825, 2121, 2221, 2507 HB 1767--City of Tybee; remove certain territory from limits ......................... 1821, 1825, 2214, 2228, 2524 HB 1768--Floyd County Juvenile Court Judge; election ........................... 1821, 1826, 2121, 2221, 2507

3972

INDEX

HB 1773--DeKalb County Tax Commission; change provisions on school tax collection .......................... 1853, 1882, 2838, 2845, 3107
HB 1774--Property Subject to Sale for Tax Executive; sheriff give prior notice to owner. ....................... 2089, 2096, 2480, 2485, 3122, 3206
HB 1775--Crisp County Small Claims Court; cost of service ...................... 1821, 1826,2121,2221,2508
HB 1776--Courts; compensation of jury commissioners ................ 2059, 2071, 2219, 2229, 2530, 2826, 3094, 3398, 3674
HB 1779--Houston County Board of Elections; change population provisions ................ 1822, 1826, 2121, 2221, 2508
HB 1780--Irrigation Systems; change type of equipment required ................. 1993, 2004, 2213, 2229, 3397, 3558, 3861
HB 1781--Sumter County Commissioners' Compensation; change population figures in Act............................... 1822, 1826, 2214, 2229, 2525
HB 1782--Laurens County Superior Court; additional costs for Law Library. ................ 1822, 1826, 2121, 2222, 2508
HB 1783--Supreme Court and Court of Appeals; court reports, change provisions relating to printing and sale. .......... 1999,2013,2217,2229,2531,2881,3044
HB 1784--Chatham County Recorder's Court Judge; change population brackets in Act. ............ 1822, 1826, 2214, 2229, 2525
HB 1785--Burke County District Attorney's Compensation; change population provision in Act. ..... 1822, 1827, 2121, 2222, 2509
HB 1786--Pickens County Commissioner; compensation ...................... 1905, 1915, 2215, 2229, 2509
HB 1787--Pickens County Superior Court Clerk; compensation ...................... 1905, 1915, 2214, 2229, 2525
HB 1788--Pickens County Tax Commissioner; compensation ...................... 1905, 1916, 2215, 2230, 2509
HB 1789--Pickens County Probate Court Judge; compensation ...................... 1905, 1916, 2215, 2230, 2509
HB 1790--Pickens County Sheriff; compensation ...................... 1906, 1916, 2215, 2230, 2510
HB 1792--Chattahoochee County Board of Commissioners; compensation ...................... 1906, 1916, 2215, 2230, 2510
HB 1793--Stewart County Deputy Sheriff; compensation ...................... 1906, 1916, 2215, 2230, 2510
HB 1794--Warren County Board of Commissioners; meetings and compensation ........... 1906, 1916,2215,2230,2511
HB 1795--Lincoln County Tax Commissioner; compensation ...................... 1906, 1916, 2215, 2230, 2511
HB 1796--City of Twin City; fines for city ordinance violation .................. 2038, 2061, 2214, 2230, 2526
HB 1797--Chattooga County Commissioner; salary same as sheriff .......................... 1906, 1917,2215,2231,2511
HB 1798--Piedmont Judicial Circuit Superior Court Judge; supplemental compensation ........... 1906, 1917, 2215, 2231, 2512
HB 1799--Haralson County Board of Education; election of members ................. 1906, 1917,2215,2231,2512
HB 1800--Whitfield County Board of Elections; change population requirements.............. 1907, 1917, 2477, 2489, 2861

INDEX

3973

HB 1801--Polk County Superior Court Clerk; additional compensation ...................... 1907, 1917, 2215, 2231, 2512
HB 1802--Cobb County Magistrate; create office ............................. 2038, 2062, 2477, 2489, 2861
HB 1804--Lamar County Coroner; compensation ...................... 1907, 1917, 2215, 2231, 2512
HB 1805--Dade, Walker, Catoosa Counties Hospital Authority; filling vacancies on board ............. 1988, 2004, 2477, 2489, 2861
HB 1806--Dade County Probate Judge's Deputies, Clerks; compensation ...................... 1988, 2005, 2477, 2489, 2862
HB 1807--Dade County Superior Court Clerk's Deputies; compensation ...................... 1988, 2005, 2477, 2489, 2862
HB 1808--Dade County Tax Commissioner; compensation of personnel.......................... 1989, 2005, 2477, 2489, 2862
HB 1809--Walker County Superior Court Clerk; compensation of personnel............ 1989,2005, 2477, 2489, 2862
HB 1810--Dade County Commissioner; sale of surplus county property........................... 1989, 2005, 2477, 2490, 2863
HB 1811--Lookout Mountain Judicial Circuit; salary of court reporter. ...................... 2757, 2766, 3090, 3099, 3362
HB 1812-Walker County Small Claims Court;
create ............................ .1989, 2005, 2477, 2490, 2863 HB 1813--Mitchell County Small Claims Court; change
population provisions ................ 1989, 2005, 2477, 2490, 2863 HB 1814--Criminal Appeals; provisions for filing brief relating
to defendant's indigency ......... 2058, 2070, 2840, 2845, 3123, 3327 HB 1815--Clarke County; public revenue and taxation,
change population provisions .......... 1989, 2006, 2478, 2490, 2864 HB 1816--Troup County Officials; change
salary ............................. 1989, 2006 2214, 2231, 2526 HB 1817--Troup County Small Claims Court;
salary of judge ...................... 1989, 2006, 2214, 2231, 2526 HB 1818--Troup County Coroner; change
salary ............................. 1990, 2006, 2214, 2231, 2526 HB 1819--Troup County State Court Judge and Solicitor;
compensation ...................... 1990, 2006, 2214, 2231, 2527 HB 1822--Lowndes County Board of Elections; change
population brackets. ................. 1990, 2006, 2478, 2490, 2864 HB 1823--Lowndes County Coroner's Compensation; change
population brackets.................. 1990, 2010, 2478, 2490, 2864 HB 1824--Troup County Board of Elections;
provide .......................................... 1990, 2007 HB 1825--Election or Registration Boards,
Certain Counties; change population
figures ....................... 1993, 2004, 2480, 2485, 2881, 3041 HB 1826--Bulloch County Small Claims Court;
compensation of judge. ............... 1990, 2007, 2478, 2490, 2865 HB 1828--City of Augusta; annex certain property
adjacent to corporate limits .......................... 1907, 1917 HB 1829--City of Augusta; fines for violators of
ordinances ......................... 1907, 1918, 2478, 2491, 2865 HB 1830--Rockdale County Tax Commissioner;
salary ............................. 1907, 1918, 2215, 2232, 2513 HB 1831--Rockdale County Probate Court Judge;
salary ............................. 1907, 1918, 2215, 2232, 2513

3974

INDEX

HB 1832--Rockdale County Sheriff; compensation ...................... 1907, 1918, 2215, 2232, 2513
HB 1833--Rockdale County Coroner; auto expense allowance. ......................... 1908, 1918, 2215, 2232, 2514
HB 1834--Rockdale County Board of Commissioners; compensation ...................... 1908, 1918, 2215, 2232, 2514
HB 1835--Rockdale County Superior Court Clerk; salary ............................. 1908, 1918, 2215, 2232, 2514
HB 1836--City of Union City; new charter ........................ 1992, 2010, 3090, 3099, 3362
HB 1837--City of Bremen; change corporate limits ............................. 1908, 1919, 2215, 2232, 2514
HB 1838--Witness Competency; husband, wife may testify to adultery of other ............. 2058, 2070, 2840, 2846, 3122, 3282
HB 1839--Putnam County Board of Commissioners; change population provisions ........... 1908, 1919, 2838, 2846, 3113, 3860
HB 1840--Fulton County Public Defender; provide .......................................... 2757, 2767
HB 1841--Twiggs County Superior Court Clerk; compensation ...................... 1990, 2007, 3090, 3099, 3363
HB 1842-Twiggs County Sheriff; compensation ...................... 1990, 2007, 3090, 3099, 3363
HB 1843--Twiggs County Board of Commissioners of Roads and Revenues; compensation. . . 1991, 2007, 3091, 3099, 3363
HB 1844--Twiggs County Tax Commissioner; compensation ...................... 1991, 2007, 3091, 3100, 3364
HB 1845--Twiggs County Probate Court judge; compensation ...................... 1991, 2007, 3091, 3100, 3364
HB 1847--Courts of Limited Jurisdiction; compensation of judges ................... 2089, 2095, 2840, 2846, 3398, 3675, 3860
HB 1848--City of Climax Mayor and Council; terms of office ............................. 1991, 2008, 2478, 2491, 2865
HB 1850--Fitzgerald and Ben Hill County Development Authority; powers ............................ 1991, 2008, 2215, 2232, 2515
HB 1851--Emanuel County Development Authority; limit on interest paid ................. 1992, 2008, 2215, 2232, 2515
HB 1852--Spalding County Small Claims Court; change jurisdiction .................. 1992, 2008, 2478, 2491, 2866
HB 1853--Rockdale County Public Defender;
compensation ...................... 1992, 2008, 2838, 2846, 3107 HB 1854--Glynn County Board of Commissioners;
election ........................... 1992, 2008, 2215, 2233, 2515 HB 1855--Dade County Commissioner;
compensation ...................... 1992, 2008, 2478, 2491, 2866 HB 1856--Walton County Small Claims Court; fees to
Walton County Law Library ........... 1992, 2009, 2214, 2233, 2527 HB 1857--Mitchell County Board of Education;
compensation ...................... 1992, 2009, 2478, 2491, 2866 HB 1858--Cherokee County Officials;
compensation ...................... 2038, 2062, 2478, 2491, 2867 HB 1859--Heard County Small Claims Court;
create ............................. 2038, 2062, 2214, 2233, 2527 HB 1860--Brooks County; traffic fine disposition,
change population provisions .......... 2038, 2062, 2478, 2491, 2867

INDEX

3975

HB 1862--Brooks County Coroner; compensation ...................... 2039, 2062, 2478, 2492, 2867
HB 1863--Echols County Clerk's Compensation; change population provisions .......... 2039, 2062, 2478, 2492, 2868
HB 1864--Bartow County Board of Education; compensation ...................... 2039, 2063, 2478, 2492, 2868
HB 1865--Bartow County School Superintendent; elected by Board of Education .................. 2039, 2063, 2478, 2492, 2868
HB 1866--Bartow County Board of Education; term of
four years. ......................... 2039, 2063, 2478, 2492, 2868 HB 1867--City of Emerson Aldermen; filling
vacancies .......................... 2039, 2063, 2478, 2492, 2869 HB 1868--City of Emerson Mayor and Aldermen; change
terms of office ...................... 2039, 2063, 2478, 2492, 2869 HB 1869--City of Augusta Redevelopment Authority;
transferring assets, liabilities to downtown
development authority ............... 1993, 2009, 2478, 2492, 2869 HB 1870--DeKalb County Recording Court Deputy Clerks;
not required to be citizen, taxpayer. .......................... 1993, 2009, 2838, 2846, 3107 HB 1871--City of Poulan; change corporate limits ............................. 1993, 2009, 2478, 2493, 2870 HB 1872--Burke County Board of Elections; change population provisions .......... 2039, 2063, 2478, 2493, 2870 HB 1874--Hawkinsville-Pulaski County Development Authority; change membership ................. 2040, 2063, 2478, 2493, 2870 HB 1875--City of Guyton; remove certain geographical area from territorial limits. ................ 2040, 2064, 2478, 2493, 2871 HB 1876--Newton County Homestead Exemption; repeal Act on time of filing ..................... 2040, 2064, 2838, 2846, 3108 HB 1877--Newton County Board of Education; repeal Act fixing compensation ................. 2040, 2064, 3091, 3100, 3364 HB 1878--Warren County Tax Collector's Assistants and Clerks;
compensation ...................... 2040, 2064, 2478, 2493, 2871 HB 1879--Polk County Board of Commissioners;
salary ............................. 2040, 2064, 2478, 2493, 2871 HB 1881--Pike County Small Claims Court; costs and
fees. .............................. 2040, 2064, 2478, 2493, 2872 HB 1882--Pike County Sheriff;
compensation ...................... 2040, 2064, 2478, 2493, 2872 HB 1883--Pike County Probate Court Judge;
compensation ...................... 2041, 2065, 2478, 2494, 2872 HB 1884--Pike County Tax Commissioner;
compensation ...................... 2041, 2065, 2478, 2494, 2873 HB 1885--Thomaston Joint Board of Tax Assessors;
change term ........................ 2041, 2065, 2478, 2494, 2873 HB 1886--Pike County Superior Court Clerk;
compensation ...................... 2041, 2065, 2478, 2494, 2873 HB 1887--Wayne County Board of Commissioners; change
provisions on election ................ 2044, 2066, 3092, 3100, 3365 HB 1888--City of Baxley; revise
charter ............................ 2044, 2067, 2478, 2494, 2874 HB 1889--Elbert County Small Claims Court; change
jurisdictional amount. ................ 2044, 2067, 2478, 2494, 2874

3976

INDEX

HB 1890--Haralson County Commissioner; compensation ...................... 2041, 2065, 2214, 2233, 2528
HB 1891--Paulding County Tax Commissioner; compensation ...................... 2041, 2065, 2838, 2846, 3108
HB 1893--Walker County Commissioner;
compensation ...................... 2041, 2066, 2478, 2494, 2874 HB 1894--Chatham County Recorder's Court;
collect additional costs for county law library ......................... 2042, 2066, 2838, 2847, 3108 HB 1896--Liberty County, Distilled Spirits Sale by Drink; change population. .......... 2042, 2066, 2479, 2495, 2875 HB 1897--Haralson County Sheriff; compensation ...................... 2042, 2066, 2214, 2233, 2528 HB 1898--City of Macon; extend corporate limits ............................. 2042, 2066, 2479, 2495, 2875 HB 1899--DeKalb County State Court; terms ............................. 2042, 2068, 3092, 3100, 3365 HB 1900--Election Code; requirements relating to precincts, grants to cities and counties to comply ................ 2089, 2095, 2480, 2485, 2880, 3015, 3352 HB 1901--Bacon County Board of Commissioners; five members....................... 2042, 2068, 2479, 2495, 2875 HB 1902--City of Waycross; conveyance of park property to Ware County Hospital Authority .......................... 2043, 2068, 2479, 2495, 2876 HB 1903--Dougherty County; optional procedure for quarterly billing for
ad valorem tax ...................... 2043, 2068, 2839, 2847, 3109 HB 1904-Worth County Sheriff's Salary;
change population provisions .......... 2043, 2068, 2479, 2495, 2876 HB 1906--Athens-Clarke County; alcoholic beverage
sales on Sunday, referendum provisions .................... 2058, 2070, 2839, 2847, 3114, 3300,
3301, 3345, 3410, 3617, 3702, 3717, 3752, 3867 HB 1908--City of Molena; new
charter ............................ 2143, 2170, 2479, 2495, 2876 HB 1909--Upson County Board of Commissioners;
expense reimbursement .............. 2143, 2170, 2479, 2495, 2877 HB 1910--Catoosa County Tax Commissioner;
change amount payable for clerical help .............................. 2144, 2170, 2479, 2496, 2877 HB 1911--Taylor County Probate Court Judge; authority to appoint certain personnel. ......................... 2144, 2170, 2479, 2496, 2877 HB 1912--Taylor County Superior Court Clerk; authority to appoint personnel.......................... 2144, 2170, 2479, 2496, 2878 HB 1917--Richmond County Board of Commissioners; change composition and terms........................ 2418, 2422
HB 1918--Bibb County Board of Public Education and Orphanage; educational district from which elected ....... 2418, 2422, 3091, 3100, 3384, 3862
HB 1919--Commerce, Jefferson City and Jackson County School District; consolidate into single area district. ............... 2418, 2422, 2839, 2847, 3109

INDEX

3977

HB 1920--Glynn County State Court Officers
and Personnel; compensation ..... 2418, 2422, 2839, 2847, 3117, 3860 HB 1921--Brooks County; time requirements,
tax returns, change population figures in Act ............................. 2419, 2422, 2839, 2847, 3109 HB 1922--City of Rome; extend corporate limits ............................. 2419, 2423, 2839, 2847, 3110 HB 1926--Cobb County Ad Valorem Taxation of Property; due August 15 .............. 2419, 2423, 3091, 3101, 3365 HB 1927--Pulaski County School District; appointment of school superintendent ............ 2419, 2423, 2839,
2848,3110 HB 1928--Marion County Commissioners;
compensation ...................... 2419, 2423, 2839, 2848, 3110 HB 1929--Appling County Board of Commissioners;
manner of selection .................. 2419, 2423, 2839, 2848, 3110 HB 1930--City of Cairo Mayor's Court;
abolish ............................ 2419, 2423, 2839, 2848, 3111 HB 1931--Dodge County Officers and Officials;
compensation ...................... 2420, 2424, 2839, 2848, 3111 HB 1937--Pierce County Board of Education;
referendum for selection .'............. 2420, 2424, 2479, 2496, 2878 HB 1939--Brunswick Port Authority;
borrow money for corporate purposes .......................... 2420, 2424, 2839, 2848, 3111 HB 1941--City of LaGrange; extend corporate limits ............................. 2757, 2767, 3091, 3101, 3366 HB 1942--Brooks County; limit amount of taxes levied without referendum ............ 2757, 2767, 3091, 3101, 3366 HB 1943--Douglas County Board of Education; election districts. .................... 2757, 2767, 3091, 3101, 3366 HB 1944--Douglas County Magistrate's Court; create ........................ 2757, 2767, 3091, 3101, 3385, 3857 HB 1945--Butts County Board of Commissioners; staggered terms ..................... 2757, 2767, 3091, 3101, 3366 HB 1946--Forsyth County Board of Commissioners; dollar amount of purchases without receiving bids. ...................... 2757, 2767, 3091, 3101, 3367 HB 1947--Griffin Judicial Circuit; judges, district attorney, change county
supplement ................... 2758, 2768, 3091, 3101, 3389, 3857 HB 1948-Polk County State Court;
abolish ............................ 2758, 2768, 2839, 2848, 3112 HB 1949--Emanuel County Superior Court Clerk;
annual salary ....................... 2758, 2768, 3091, 3102, 3367 HB 1950--City of Manchester; change corporate
limits ............................. 2758, 2768, 3091, 3102, 3367 HB 1951--Rockdale County Magistrate's Court;
change amount of fine for single offense ............................ 2758, 2768, 3092, 3102, 3368 HB 1952--City of Maxeys; change terms of mayor and councilmen ..................... 2758, 2768, 3092, 3102, 3368 HB 1953--City of Columbus Municipal Court; bonds of the clerk and marshal ........................... 2758, 2768, 3091, 3102, 3368

3978

INDEX

HB 1956--City of Quitman; compensation of certain officials ........................... 2758, 2769, 3092, 3102, 3368
HB 1957--Spalding County Water and Sewerage Facilities Authority; create. ................ 2759, 2769, 2839, 2848, 3119,3350
HB 1958--Fort Valley Municipal Court; change provisions on penalties imposed ........................... 2759, 2769,3091,3102,3369
Hb 1959--Emanuel County Board of Education; election of members ................. 2759, 2769, 3091, 3102, 3369
HB 1960--Irwin County Deputy Sheriffs; salary ............................. 2759, 2769, 3091, 3102, 3369
HB 1961--Irwin County Board of Commissioners of Roads and Revenue; salary, clerk and secretary .......................... 2759, 2769, 3091, 3103, 3370
HB 1962--Columbia County Coroners' Compensation; change population brackets. ........... 2759, 2770, 3091, 3103, 3370
HB 1963--Warren County Superior Court Deputy Clerk; compensation ...................... 2759, 2770, 3091, 3103, 3370
HB 1964--Habersham County Tax Commissioner; salary ........................ 2760, 2770, 3091, 3103, 3393, 3860
HB 1965--Macon County State Court Judge and Solicitor; compensation............... 2760, 2770, 3092, 3103, 3371
HB 1966--Cobb County Board of Education; conduct meetings at any location .............. 2760, 2770, 3091, 3103, 3371
HB 1967--Burke County Small Claims Court; compensation of judge ........................... 2760, 2770, 3091, 3103, 3371
HB 1968--Clayton County Board of Education; manner of selection. ........................ 2760, 2770, 3092, 3103, 3372
HB 1969--City of Alpharetta; remove certain property from corporate limits. ................ 2921, 2953, 3092, 3104, 3372
HB 1970--City of Hephzibah; provisions relating to finance manager .................... 2921, 2953, 3091, 3104, 3372
HB 1971--East Point Industrial Development Authority; membership. ....................... 2921, 2953, 3092, 3104, 3373

INDEX

3979

HOUSE RESOLUTIONS
HR 27--William Dickey; compensate ....................... 103, 116, 188 HR 57--K. E. Gordon; compensate ......................... 103, 116, 189 HR 106--Robert Tucker; compensate ........................ 103, 116, 190 HR 137--Erron Lamar Butler; compensate ............................ 103 HR 158--Fulton County; prohibited from constructing and taxing for libraries
within corporate limits of cities. ........ 1085, 1110, 1631, 1710, 1975 HR 165--Fulton County; provisions for neighborhood subunits of
government in unincorporated areas ................... 3056, 3058 HR 228--Committee to Study Health Care Cost Containment; create ..... 30, 38 HR 243--Mrs. Dora Salkin; compensate ................... 2837, 2842, 3254 HR 244--Chris Miller; compensate .................................. 103 HR 253--Sue H. Collins; compensate. ..................... 26, 103, 116, 191 HR 265--Armadillo Olympics Day; proclaim. 1071, 1074, 1633, 1710, 2127, 2197 HR 272--Edward R. Kampschroeder; compensate ...................... 103 HR 303--Macon Firemen and Policemen;
increase pensions for retirees ........... 440, 570, 650, 866, 916, 917 HR 331--Linda A. Sikes; compensate. ........... 1694, 1703, 2837, 2842, 3255 HR 426--Central District Cooperative Extension Service; move office to
location within district......................... No action in 1982 HR 502--Notify Senate that House has convened. ....................... 23 HR 503--Notify Governor that General Assembly has convened. ........ 23, 24 HR 506--Governor George Busbee; State of the State address ........ 23, 27, 45 HR 507--Budget Message; Governor address Joint Session .......... 23, 27, 64 HR 508--General Assembly; adjournment January 22 to February 8. . 24, 27, 196 HR 510--Proposed Constitution; changes on pardons and paroles,
certain life sentences, armed robbery and earned time served. .... 929, 941, 1705, 1840, 2240, 2439, 2754, 2772, 2801, 2804, 3066, 3356
HR 513--Constitutional Amendment Allowing Two-Article Changes as Single Amendment; repealed. . . . 1030, 1031, 1705, 1840, 2240, 2468
HR 514--Committee on Constitutional Revision; extend existence. Ill, 114, 205, 253, 309, 376, 379
HR 517--Constitutional Amendment Providing Manner of Filling Vacancies in Constitutional Offices; repealed .... 964, 969, 1310, 1399, 1723, 2240, 2469
HR 518--J. B. Cummings; compensate. .......... 1695, 1703, 2837, 2842, 3255 HR 519--World Federation Principle; repeal resolution approving. .... 433, 439,
906, 976, 1179, 1199 HR 528-John D. Bradley; compensate .......... 1695, 1703, 2837, 2843, 3256 HR 533--Committee to Study State-Wide Fire Protection; extend to 1983,
change membership provisions .... 1910, 1914, 2217, 2233, 3122, 3291 HR 536--Miller County; conveyance of interest
in real property .................. 211, 236, 367, 447, 573, 649, 822 HR 540--Tift County-Tifton; charter commission to study
consolidation of government. .............. 145, 154, 441, 570, 1058 HR 542--Committee, MARTOC (Metropolitan
Atlanta Rapid Transit Overview); extend to 1984 .... 1163, 1391, 1640, 1845, 1885
HR 545--Youth Development Center, Chatham County; named in honor of Judges Dickey and Heery............. 636, 640, 1171, 2840, 2849, 3123,3334,3862
HR 546--Mary D. Reffner; compensate ............................. 2801

3980

INDEX

HR 559--Franklin D. Roosevelt; relative to hundredth anniversary of birth ......................... 108, 141
HR 562--State Employees Health Benefit Plan; relative to allocation of cost ............... 297, 301, 1171, 1252, 1320, 1360
HR 563--Ware County Manager; create office. .... 2144, 2170, 3091, 3104, 3437
HR 573--Crisp County, Homestead Exemption; 65 year olds . . 1823, 1827, 2215,
2233,2924 HR 577--Butts County; conveyance by
quitclaim deed state-owned real property .... 433, 440, 906, 976, 1081,
1106,1383 HR 583--Dr. McKee Hargrett; designate bridge over Satilla River,
Highway 82 in honor ............ 1995, 2010, 2483, 2486, 3123, 3339 HR 585--Bobby L. Kinard; compensate .......... 1695, 1703, 2837, 2843, 3257 HR 586--Ben Hill County; collect business license fees .............. 358, 364 HR 589--Trial Judges; urged to give more severe penalties to persons
convicted of serious crimes, reconfirm HR 161 from 1975. ....... 557, 564, 1632, 1711, 2240, 2427
HR 591--Habersham County; use by School District of sales tax ..................... .433,439, 1172, 1252, 1364, 1911
HR 592--C. L. Moss Parkway; designate highway in Gordon County in honor. ............... 1381, 1390, 1706, 1840,2127,2142
HR 593--Highway 41 Bridge over Oostanaula River; designate in honor of Clem Holland .......... 1381, 1390, 1706, 1840, 2127, 2161
HR 594--City of Covington; homestead exemption, limit................................ 557, 564, 1392, 1640, 1814
HR 596-Arthur Mann; compensate. ............ 1725, 1726, 2837, 2843, 3258 HR 597--Crisp County-Cordele Industrial Development
Authority; membership. .............. 1381, 1390, 1705, 1840, 1978 HR 598-RichardJ. Heinicka; compensate ................. 1695, 1703, 2837 HR 602--Local Education Boards; urged to authorize period for
meditation and allegiance to flag ........................ 297, 302 HR 617--DeKalb County; allow General Assembly to abolish
justice courts .................... 557, 564, 2479, 2496, 2925, 3352 HR 619--Chatham County; extend mineral lease in Savannah River
to Union Camp. .................. 898, 904, 1174, 1252, 1320, 1361 HR 621--Adjournment; relative to February 12 to
February 15..................................... 353, 428, 553 HR 622--Columbia County Justice of the Peace; increase
jurisdiction of civil cases .................. 636, 640, 855, 911, 1063 HR 624--Ware County; conveyance of certain state
owned property ................ 1304, 1308, 1832, 1927, 2127, 2156 HR 625--Whitfield County, Homestead Exemption; increase
to $10,000 ......................... 1823, 1827, 2215, 2234, 2929 HR 626--Whitfield County; limit increases in ad valorem taxes
levied. .... 2420, 2424, 3091, 3104, 3439, 3593, 3639, 3673, 3717, 3867 HR 634--Colquitt County-Moultrie Development Authority; amount of
interest on bonds issued. ........... 847, 854, 1705, 1840, 1981, 2090 HR 636--Meriwether County Justice of the Peace; dollar amount of
civil cases. ........................... 847, 854, 1075, 1177, 1299 HR 639--Pierce County School District Taxes; exemption
for 62 year olds ....................... 848, 854, 1829, 1928, 2110 HR 640--Camden County, Homestead Exemption;
$4,000 .............................. 848, 854, 1172, 1252, 1368 HR 641--Federal Judges; urge stand for reelection
every 8years. ..................................... 1325,1327

INDEX

3981

HR 656--Bridge over Tennessee River, Highway 246; designate in honor of Miller J. Grist. .......... 1910, 1914, 2483, 2486, 3123, 3340
HR 657--Jefferson County; discounts for early payment of ad valorem taxes .................... 898, 904, 1075, 1177, 1301
HR 658--Butts County; conveyance of certain state-owned
real property. ........ 2000, 2013, 2481, 2486, 2880, 3022, 3271, 3329 HR 663--City of Pine Lake; homestead
exemption ........................... 965, 969, 1631, 1711, 1900 HR 666--Ruby Lee Estes; compensate .............................. 2800 HR 668--Savannah River; conveyance of easement to Chatham
Service Corporation ............. 1163, 1171, 1832, 1928, 2127, 2154 HR 669--Lowndes County Justice of the Peace; jurisdiction
of civil cases. ......................... 965, 969, 1172, 1252, 1370 HR 670--Lowndes County, Business License Fee; Board of
Commissioners collect. ................. 965, 969, 1172, 1252, 1372 HR 671--Whitfield County; merit system for
employees ......................... 1070, 1074, 1172, 1252, 1374
HR 672--Union City; homestead exemption, 65 year olds. .......................... 1995, 2010, 3091, 3104, 3442
HR 674--Apalachicola-Chattahoochee-Flint Rivers Waterway
System; continue ................. 848, 854, 1244, 1314, 1402, 1456 HR 690--Hydroelectricity, Small-Scale Development; encourage with
State assistance ................ 2210, 2213, 2841, 2843, 3397, 3694 HR 698--Schley County Justice of the Peace; dollar amount
of civil cases. ....................... 1070, 1074, 1172, 1253, 1376 HR 699--Houston County, Sales Tax; impose for
school system. ...................... 1071, 1074, 2479, 2496, 2930 HR 700--Houston County; limit power to impose, levy ad
valorem taxes. ................. 1084, 1110, 2479, 2497, 2932, 3353 HR 701--College Park, Homestead Exemption; increase for 65 year
olds and disabled .................... 2044, 2067, 3091, 3104, 3444 HR 704--S. E. Hyatt; compensate .................................. 2801 HR 705--Upson County-Thomaston Industrial Development Authority;
types of projects undertaken . .......... 1237, 1243, 1392, 1641, 1816 HR 706--State Debt and General Obligations; provisions
on limitations .................. 1910, 1914, 2840, 2849, 3122, 3202 HR 707--Bartow County; conveyance of state-owned real
property ................. 1381, 1390, 1832, 1928, 2241, 2530, 2540 HR 709--Adjournment; relative to, February 19 to
February 22.................................... 965,980,1066 HR 710--DeKalb County; conveyance of certain state-owned
property ...................... 2000, 2013, 2840, 2843, 3122, 3207 HR 713--Henry County; certain capital improvements of
manufacturing establishments, ad valorem tax exempt. ........................... 1237, 1243, 1829,1928,2112 HR 715--Committee on Farm Winery Laws; create ........................ 1304, 1308, 1920, 2020, 2127, 2199 HR 716--Doraville, City of, Homestead Exemption; not
more than $50,000. .................. 1625, 1630,2014,2125,2936 HR 718--Fulton County Building Authority; enter into
certain contracts .................... 2760, 2771, 3091, 3105, 3446 HR 729--Dawn M. Walton; compensate. ............................ 2800 HR 730--Cobb County Justice of the Peace; filling
vacancy ........................... 1626, 1630, 2479, 2497, 2938 HR 731--Richard B. Carney; compensate ............................ 2800

3982

INDEX

HR 732--Guy E. Skinner; compensate .............................. 2800 HR 733--Jon Bales; compensate ................................... 3056 HR 736--Homer Cochran; designate road in honor .................... 2210 HR 740--Augusta, City of; capital improvements of businesses
exempt from tax................ 2043, 2067, 2479, 2497, 2940, 3353 HR 741--Hapeville Development Authority;
create ............................. 1995, 2010, 3091, 3105, 3448 HR 743--Effingham County, Homestead Exemption; 65
year olds. .......................... 1909, 1914, 2215, 2233, 2942 HR 746--Screven County, Ad Valorem Tax; certain capital
improvements exempt. ............... 1909, 1914, 2215, 2234, 2943 HR 747--Charlton County; releasing certain property to board
of commissioners. .............. 2091, 2097, 2481, 2486, 2881, 3028 HR 748--Glynn County; enacting ordinances for governing,
policing county ..................... 1910, 1915, 2839, 2849, 3208 HR 751--Richmond County, Sheriff's Employees; merit system
of employment. ..................... 1910, 1915, 2839, 2849, 3210 HR 753--Newton County, Homestead Exemption; residents and certain
elderly and disabled ........ 1910, 1915, 2839, 2849, 3212, 3333, 3483 HR 755--Bridge in Mclntyre, Highway 441; designate in honor of William
Franklin Bloodworth, Jr. ......... 2060, 2071, 2483, 2486, 3123, 3341 HR 758--Mitchell County; sales tax, one percent for
school. ....................... 1995, 2011, 2839, 2849, 3215, 3352 HR 774--Fulton County-Atlanta; inventories of certain
goods tax exempt if located within urban enterprise zone ..................... 2761, 2771, 3092, 3105, 3461 HR 775--Fulton County-Atlanta; property located within urban enterprise zone separate classification ....................... 2761, 2771, 3092, 3105, 3463 HR 777--Lowndes County; issue and sell street improvement bonds. ................. 1995, 2011, 2839, 2849, 3219 HR 779--Colquitt County; use of local sales tax by school system ............. 2043, 2067, 2479, 2497, 2945, 3077, 3085 HR 780-Baxley, City of; homestead exemption . . . 2043, 2067, 2479, 2497, 2947 HR 782--Museum of Art at University of Georgia; designate as State Museum of Art
of Georgia. .................... 2060, 2071, 2837, 2843, 3123, 3341 HR 787--Walton County Board of Commissioners; collect business
license fees. ........................ 2044, 2068, 2479, 2497, 2949 HR 789--DeKalb County; limit power to impose, collect ad
valorem taxes. ...................... 2921, 2953, 3092, 3105, 3465 HR 791--Charles Bates Methvin; honor ........................ 1995, 2238 HR 792--DeKalb County; homestead exemption, 65
year olds with certain income. ........................ 2144, 2171 HR 793--DeKalb County; homestead exemption, 62 year olds,
certain income ................. 2144, 2171, 3092, 3105, 3467, 3862 HR 794--Honorable Al Holloway; commend .................... 1995, 2238 HR 795--Honorable Lex Strickland; commend................... 1996, 2238 HR 800--Honorable George L. O'Kelley; commend ............... 1996, 2238 HR 804--Honorable Loyce Turner; commend ................... 1996, 2238 HR 805--Honorable John Riley; commend ...................... 1996, 2239 HR 806--Honorable Tom Faircloth; commend ................... 1996, 2239 HR 807--Mrs. Constance Hunter; commend .................... 1996, 2239 HR 808--Honorable Gil Harbin; commend. ..................... 1996, 2239 HR 809--Honorable Horace Tate; commend .................... 1996, 2239

INDEX

3983

HR 810--Honorable Hugh Gillis; commend ..................... 1996, 2239 HR 813--Colquitt County; tag fee to fund emergency
medical services. .................... 2145, 2171, 2479, 2497, 2951 HR 816--Pulaski County Education Board; election of members
from districts ....................... 2420, 2424, 2839, 2850, 3223 HR 817--Bleckley County Education Board; election of members
from districts ....................... 2421, 2425, 2839, 2850, 3228 HR 819--Harris County; tax assessment at thirty percent
of fair market value ................................ 2762, 2772 HR 822--Chattooga County, Trion School District; proceeds of
local sales tax, reduction in ad valorem tax. .......................... 2421, 2425, 2839, 2850, 3232, 3862 HR 823--Spalding County; sales tax for construction of certain public facilities, requirements on bonds issued ....................... 2421, 2425, 2839, 2850, 3236 HR 824--Honorable Jack T. Brinkley; commend ................. 2091, 2239 HR 826--Spalding County-Griffin Education Board; membership. .................. 2761, 2771, 2839, 2850, 3239, 3862 HR 828--Richmond County Merit System Advisory Commission; create ............................. 2761, 2772, 2839, 2850, 3112 HR 847--Adjournment; relative to March 16 to March 22 .................................... 2421,2426, 2473 HR 916--Regents Board, University System; commend ............ 3301, 3343 HR 918--Adjournment; relative to March 24 to March 26 .................................... 3301,3342, 3346 HR 938--Honorable James L. (Jimmy| Lester; commend ........... 3674, 3694 HR 942--Doctor Sid E. Williams; commend ..................... 3627, 3839 HR 953--Adjournment; relative to March 26, sine die ........ 3758, 3801, 3822

3984

INDEX

PART III ALPHABETHICAL INDEX

Abandoned Motor Vehicles; notification to lienholders before removal of storage, SB 595 ........................ 151, 205, 251, 309, 336
Abandoned, Motor Vehicles; procedures, fees and notices,
SB 623 .............................. 242, 642, 858, 916, 920, 2474, 3920 Abandoned Motor Vehicles; removal and disposal, change certain
provisions, SB 765 ............................................. 1699 Abatement of Nuisances; proper venue,
HB111 .......................................... . No action in 1982 Accident, Rendering Emergency Service at Scene of; relief from
liability, HB 190 .................................... No action in 1982 Accountancy Board; change termination date,
SB 662 .............................. 434, 640, 859, 916, 927, 2475, 3920 Adequate Program for Education (APEG); SEE: Education, Adequate Program. Adjournment; relative to January 22 to February 8,
HR 508................................................. 24,27, 196 Adjournment; relative to February 12 to February 15,
HR 621............................................... 353,428, 553 Ajournment; relative to February 19 to February 22,
HR 709 .............................................. 965,980, 1066 Adjournment; relative to Feb. 26 to March 8,
SR 326 ................................................. 1621, 1622 Adjournment; relative to March 16 to March 22,
HR847........................................... .2421,2426,2473 Adjournment; relative to March 24 to March 26,
HR918............................................ 3301,3342, 3346
Adjournment; relative to March 26, sine die, HR953 ............................................ 3758, 3801, 3822
Adjournment; relative to, amend HR 953 to 10:00 p.m. sine die March26, SR427. ........................................ 3837, 3868
Adjournment; relative to, amend SR 427 to 10:15 p.m. sine die March 26,SR 428 .................................... 3844,3868, 3921
Administrative Bulletin and Code; Secretary of State prepare and distribute, SB 112 ............................... 247, 304, 376, 388
Administrative Procedure Act; amend to change definition of agency provisions on invalidation of certain rules, SB 495 ............. 53, 155, 207, 257, 276
Administrative Procedure Act; evidence standards for judicial review in contested cases, SB 212. ...................... No action in 1982
Administrative Procedure Act; hearings conducted by telephone, HB1584 ............................ 1161, 1168, 1705,1837,2024,2107
Administrative Procedure Act; procedure to override a rule by resolution of the General Assembly, SB 432 ...... No Senate Action in 1982
Administrative Rules, Joint Committee for Review of; create, SR 24 ............................................. No action in 1982
Administrative Services Department; Act providing special appropriation for fiscal year 1982 repealed, HB 1365 .............. 297, 301, 440, 569, 650, 866, 917, 954

INDEX

3985

Administrative Services Department; bond for fiscal division director, HB 1413 ....................... 897, 902, 1173, 1249, 1320, 1355
Adultery Cases, Civil Proceedings; husband and wife may testify, HB 1838 ............................ 2058, 2070,2840, 2846,3122,3282
Advertisement of Judicial Sales; mailing or distribution of information, SB 440 ............................................ No action in 1982
Aerialists; use of safety devices required in public performances, SB 722 ...................................................... 1305
Affidavits of Indigence; court may inquire into the truth, HB 1327................ 357, 362, 2017, 2219, 2224, 2531, 2881, 3047, 3350
Age, Discrimination in Employment; amend Act making unlawful, SB 98 ............................................. No action in 1982
Aged Services, Committee to Study; create, SR 226 .......................... 55, 205, 251, 309, 347, 3412, 3544, 3921
Agent Orange or Harmful Chemicals; studies and treatment for veterans exposed, HB 1200. .......................... 199, 203, 855, 909, 981,1045,1163
Aggravated Assault; change maximum punishment under Criminal Code, SB 227................................... ..318,558, 1102,1164,3920
Aggravated Assault; change penalty, HB 1253 .................................................. 221, 236
Agricultural Commodity Commissions; compensation of members, SB 529.................................... .85,114,158,211,257,258
Agricultural Crops; establish certain liens,
SB 708 ............................................ 1165,1827, 1922 Agricultural Farmland Study Committee; create,
SR 134 ...................................... No Senate action in 1982 Agriculture; change equipment required on irrigation systems,
HB 1780. ....................... 1993, 2004, 2213, 2229, 3397, 3558, 3861 Agriculture Day, 1982; appreciation to agricultural community,
SR312...................................................... 1178 Agriculture Department; urge prevention of losses and theft of
dairy products delivery cases, SR 286 ...................... 638, 904, 974, 1082,1110
Agriculture; policy of State in preserving prime farmland, SR 113 ............................................ No action in 1982
Agriculture; soil and water conservation districts, method for changing boundaries, SB 731 .................................... 1386
Agrirama Employees; become members of Employees' Retirement System, SB 195 ............................................ No action in 1982
Aid to Families with Dependent Children; recipients and applicants required to seek employment, SB 606 ...................... 201, 905, 972, 1082, 1120
Aircraft Take-Off and Landing Patterns; new Code Chapter, SB 235 ............................................ No action in 1982
Alcohol Abuse Study Committee; create, SR336. ............... 1700, 1921,2018,2127,2153,2208,2241,2530,2560
Alcoholic Beverage Code; Sunday sales, change population figures, SB 734................................... 1387, 1704, 1835, 1937, 1948
Alcoholic Beverage Sales by the Drink; dealers insure prevention of
violent and disorderly acts on premises, SB 28. ............ No action in 1982
Alcoholic Beverage Sales; certain nude and sexual conduct prohibited on premises, SB 656. ................... 361, 1309, 1395, 1654, 1672, 1692, 1723, 1937, 1942

3986

INDEX

Alcoholic Beverage Sales Near a Church; provisions for Chatham County, HB 691.............................................. 29, 37
Alcoholic Beverage Sales on Sunday; change population figures, HB 1749 ................................. 1994, 2004,3090,3099,3383
Alcoholic Beverage Sales; prohibit on Christmas Day,
HB 1752 ............................ 1694, 1702, 2479, 2485, 3121, 3143 Alcoholic Beverage Sales Prohibited Sundays and Election Days; change
population brackets relating to Cobb County, SB 471 ............... 40, 103,
115, 158, 1726,3062,3920 Alcoholic Beverage Tax; proceeds used for treatment in alcohol
and drug abuse, SR 13................................ No action in 1982 Alcoholic Beverages; amend Code Chapter on licensing, administrative
and referendum procedures, HB 1252 ...... 199, 204, 1309, 1398, 1654, 1655, 1828, 1937, 1966, 2206, 2426, 2756, 2764, 3309, 3865
Alcoholic Beverages; requirements for wineries selling at retail on premises, SB 750. .......................... 1696, 1828, 1923, 2023, 2051
Alcoholic Beverages; sale at Stone Mountain, HB 251 ...................................... 29, 34, 1919, 2024, 2053
Alcoholic Beverages; small domestic wineries, license fees and taxes, production amounts allowed, HB 1437 ........ 1952, 1955, 2479, 2484, 3121, 3130, 3271, 3332, 3345, 3411, 3643, 3865
Alcoholic Beverages, Sunday Sales; referendum provisions, HB 1906 ....................... 2058, 2070, 2839, 2847, 3114, 3300, 3301, 3345, 3410, 3617, 3702, 3717, 3752, 3867
Alcoholics, Drug Dependent Persons; examination, reports, complaint procedures, SB 390 .................................. No action in 1982
Alcoholics, Drug Dependent Persons Hospitalized; sheriff notified of status, SB 254 .................................... No action in 1982
Alcoholism, Act Providing Comprehensive Treatment of; change
effective date, HB 870 ......................... 30, 37, 205, 258, 296, 309, 376, 386, 847
Alcovy Judicial Circuit; court reporter, compensation, SB 746 .............................. 1695, 1828, 1923, 2020, 3354, 3920
Alimony, Child Support; life insurance required, SB 37 ....................................... No Senate action in 1982
Alimony; jurisdiction over certain nonresidents, HB 530 ............................ 29, 36, 2017, 2482, 3123, 3296, 3857
Alligator Skins; provisions for legal possession, SB 590 ............................. 150, 857, 907, 980, 1032, 3088, 3920
Allison, Kenneth Ray; commend, SR 297 ....................................................... 864
Alpharetta, City of; new charter, HB 720................................................. 3090, 3095
Alpharetta, City of; remove certain property from corporate limits, HB 1969. .......................... .2921,2953,3092,3104,3372
Alternative Learning Centers for Communities; encourage development to teach moral values, SR 68 ........................... No action in 1982
Ambulance Services; physicians serving as medical advisers, immune . from civil liability, HB 84 .................. 28, 33, 210, 366, 464, 533, 1383
American Automobile Association of Georgia Motor Club; commend,SR 393 ............................................. 2879
Animals, Vicious; liability for injuries, keepers and owners, SB 318 ...................................... No Senate action in 1982
Anniversary of Founding of Georgia; urge Congressional Delegation to persuade Treasury Department to produce, SR307. ...... 1072, 1310, 1397,
1655, 1722, 1764

INDEX

3987

Anthony, H. Glenn; commend, SR 389 ...................................................... 2879
Apalachicola-Chattahoochee-Flint Rivers Waterway System; continue, HR 674 ............................... 848, 854, 1244, 1314, 1402, 1456
APEG; SEE: Education, Adequate Program. Appeal Bond; denied for previously convicted felons,
SB 588 .................................... 150,1245, 1312, 1654, 1682 Appeals, Criminal Cases; time requirements if based on instructions
to jury, SB 589. ........................ 150, 1245, 1312, 1654, 1722, 1723 Appeals, Criminal; provisions for filing brief relating to defendant's
indigency, HB 1814. ................... 2058, 2070, 2840, 2845, 3123, 3327 Appeals From Coroner's Jury Verdict; provisions,
SB 749................................... 1696,1830, 1923, 2024, 2077 Appeals; new trial, procedure and form for motions,
SB 607..................................... 201, 970, 1076, 1179, 1190 Appellate Reports, Laws and Journals; Chief Judge of judicial circuit,
powers of distribution, SB 368 ......................... No action in 1982 Appling County Board of Commissioners; manner of selection,
HB 1929 ................................. 2419, 2423, 2839, 2848, 3110
Appointments by Governor: Aaron, Annie R. ......................................... 3774, 3794 Akins, Lamar ........................................... 3766, 3784 Albritten, Robert L.. ...................................... 3764, 3782 Anderson, Benjamin S..................................... 3766, 3784 Ayoub, Sam. ............................................ 3766, 3785 Baird, Victor McEver ..................................... 3775, 3796 Baldwin, Cecil. .......................................... 3772, 3792 Banks, William, Jr. ....................................... 3764, 3782 Barber, Gloria V.. ........................................ 3768, 3787 Barnett, James E................................ 3768, 3761, 3779, 3787 Barron, Frank ........................................... 3762, 3780 Bauguess, Harvey R.. ..................................... 3769, 3788 Bean, JackT............................................. 3764, 3782 Benson, Betty ........................................... 3767, 3785 Berry, William L. ........................................ 3766, 3784 Biggers, Janice................................. 3764, 3766, 3782, 3784 Blackmon, Patricia A. ........................... 3764, 3770, 3782, 3789 Blackshear, C. Dan ....................................... 3772, 3792 Blackwelder, Preston M., Jr.. ............................... 3766, 3784 Blitch, Margaret H........................................ 3773, 3793 Bohler, Charles E......................................... 3766, 3784 Bohn, E. William. ........................................ 3770, 3789 Boland, Ernest P. ........................................ 3768, 3786 Bond, Richard M. ........................................ 3763, 3780 Boney, F. H. "Pete" ...................................... 3766,3785 Borders, Juel Pate ........................................ 3775, 3795 Bradley, Ansel. .......................................... 3774, 3794 Bradley, Paul L. ......................................... 3775, 3795 Brannen, R. Curtis, Sr. .................................... 3762, 3779 Brannon, Jack ........................................... 3761, 3778 Bray, J. C. .............................................. 3762, 3779 Brock, Winston B......................................... 3770, 3790 Brown, George T......................................... 3774, 3794 Brown, Joyce Ann. ....................................... 3771, 3791

3988

INDEX

Appointments by Governor (Continued):
Brown, Roberta M........................................ 3767, 3785 Callaway, Betty. ......................................... 3772, 3792 Carr, W. Pitts ........................................... 3766, 3784 Carry, Walter T. ......................................... 3761, 3778 Cashin, Edward]., Jr. ..................................... 3766, 3784 Cavender, Norman ....................................... 3769, 3788 Charlesworth, Jack G. .................................... 3773, 3794 Chastain, George M....................................... 3768, 3786 Christian, Joe D., Jr. ...................................... 3775, 3795 Christy, Gary C. ......................................... 3763, 3781 Clark, G. B.............................................. 3774,3794 Clarke, J. Frank. ......................................... 3771, 3791 Clayton, Marvin R. ....................................... 3774, 3795 Cleaveland, J. Philip ...................................... 3771, 3790 Clements, Kirby, Sr. ...................................... 3772, 3792 Cleveland, Lollie. ........................................ 3768, 3787 Clifton, P.E., Sr. ......................................... 3770, 3790 Cloud, Ernest W. Jr. ...................................... 3773, 3794 Coleman-Stroup, Elizabeth................................. 3762, 3780 Conger, Abraham B....................................... 3774, 3795 Coody, Ellen B........................................... 3766, 3785 Coppage, Phillip L. ....................................... 3768, 3787 Council, Ruth K. ......................................... 3766, 3784 Cousins, Martha ......................................... 3768, 3787 Craft, Harold P., Jr........................................ 3763, 3781 Crane,Samuel T. ........................................ 3769, 3788 Crawford, Ben .......................................... 3769, 3788 Crawford, Vernon. ....................................... 3772, 3792 Crews, Barbara.......................................... 3769, 3787 Cromartie, John ......................................... 3762, 3780 Crunkleton, John ........................................ 3771, 3791 Curry, Ann Q............................................ 3764, 3782 Cuthbertson, William W. .................................. 3769, 3788 Danley, Leonard ......................................... 3767, 3785 Davenport, Helen Dixon .................................. 3762, 3780 Davis, Albert M. .................................... 3774, 3775, 3795 Dearing, James E. ........................................ 3769, 3789 Dickey, Sarah L. ......................................... 3766, 3785 Dillworth, Billy. ......................................... 3773, 3793 Divine, William T., Jr................................. 3773, 3776, 3793 Dodd, Lamar............................................ 3761, 3779 Dokson, Robbie ......................................... 3762, 3780 Doleman, Dan, Jr......................................... 3770, 3789 Dorsey, Hugh M., Jr ...................................... 3762, 3779 Dougherty, Eric S.. ....................................... 3773, 3794 Dove, Joyce S............................................ 3768, 3787 Dove, Pearlie C. ......................................... 3773, 3793 Dowling, Glenn A. ....................................... 3770, 3790 Dryden,Marymal M. ..................................... 3765, 3782 Dunbar, Ernest A., Jr...................................... 3768, 3786 Dyer, Shirley. ........................................... 3769, 3788 Eber, Juanita ............................................ 3769, 3788 Edwards, ClaybonJ....................................... 3766, 3784

INDEX

3989

Appointments by Governor (Continued):
Edwards, Don........................................... 3775, 3795 Ellington, John E. ........................................ 3766, 3784
Farnham, Katharine ...................................... 3764,3782 Pickling, Neva Jane. ...................................... 3761, 3779 Flowers, Anne. .......................................... 3771, 3791 Ford, Ola Mae........................................... 3767,3785 Foster, Charles L., Jr. ..................................... 3767, 3786 Franklin, Carl E. ......................................... 3771, 3791 Franklin, H. Lehman, Jr.. .................................. 3766, 3784 Frazer, Eley C., III. ....................................... 3765, 3783 Freeman, Gary N......................................... 3771, 3790 Pricks, Kitty ............................................ 3768, 3787 Friedlander, Jacqueline S.. ................................. 3761, 3779 Galloway, Sandra W. ..................................... 3763, 3780 Goldbefg, Joel. .......................................... 3762, 3780 Goldstein, Maxine S.. ..................................... 3765, 3782 Goodlett, John. .......................................... 3771, 3791 Goolsby, Jim ............................................ 3763, 3780 Gore, Emmett, W., Jr...................................... 3774, 3795 Graybeal, Lloyd E. ....................................... 3773, 3794 Graybeal, Rhonda S....................................... 3771, 3791 Greathouse, Merrill A. .................................... 3770, 3789 Greeley, Madison, Jr. ..................................... 3763, 3781 Green, Henry ........................................... 3764, 3782 Green, Holcombe, Jr. ..................................... 3764, 3782 Greenholtz, Herbert T., Jr. ................................. 3774, 3795 Greer,Fann D. .......................................... 3773, 3793 Grice, Duane. ........................................... 3766, 3784 Griffin, Florence......................................... 3764, 3782 Griffin, James, Jr. ........................................ 3762, 3779 Grizzard, Martin T........................................ 3770, 3789 Hackney, Charles B....................................... 3770, 3789 Hand, F. D., Jr. .......................................... 3763, 3781 Harcourt, H. Baxter ...................................... 3770, 3790 Hardman, John .......................................... 3764, 3782 Harris, Oscar L. ......................................... 3761, 3778 Hatcher, Benjamin ....................................... 3765, 3783 Hatton, Barbara ......................................... 3771, 3791 Hawkins, B. L. .......................................... 3774, 3794 Haynes, W. N.. .......................................... 3765, 3783 Hearn, H. C., Jr. ......................................... 3763, 3781 Heck, GlennE. .......................................... 3771,3791 Henry, Waights G., Jr. .................................... 3773, 3793
Kibble, Walter L. ........................................ 3762, 3779 Hind, Kay H............................................. 3761, 3778 Hodges, Cecil M., Jr....................................... 3765, 3783 Hofeldt, Vaughn H.. ...................................... 3765, 3783 Hogan, G. W. ........................................... 3767, 3786 Holloway, John T......................................... 3767, 3786 Hosford, Prentiss M.. ..................................... 3771, 3791 Housley, Eugene......................................... 3771, 3790 Howard, Paul L., Jr. ...................................... 3763, 3781 Hulsey, Clarissa ......................................... 3763, 3780

3990

INDEX

Appointments by Governor (Continued):
Humphrey, Randy ....................................... 3762,3780 Hunt, John, III. .......................................... 3772, 3792 Hutchings, Bettye ........................................ 3763, 3780 Irving, Angel............................................ 3762, 3780 Jackson, Calvin.......................................... 3768, 3786 Jackson, Clyde W.. ....................................... 3768, 3787 Jenkins, Eloise B. ........................................ 3770, 3789 Johnson, Steve .......................................... 3772, 3793 Johnson, Wyman L. ...................................... 3774, 3794 Johnston, J. Lane. ........................................ 3772, 3792 Jones, Genevieve ........................................ 3768, 3787 Jones, J. B., II ........................................... 3762, 3779 Jones, T. Marshall. ....................................... 3761, 3779 Kelley, William D., Jr.. .................................... 3763, 3781 Kerkhoff, Harold E. ...................................... 3774, 3795 Key,Woodruff .......................................... 3762, 3780 Kiernan, Reverend Monsignor R. Donald ..................... 3763, 3781 Kimbel, Jane F. .......................................... 3767, 3786 Kinard, Dixie. ........................................... 3768, 3787 Kirk, Gaston Ray, Sr. ..................................... 3774, 3794 Kjorlaug, Pat G.. ......................................... 3764, 3781 Klumok, Maury A. ....................................... 3766, 3785 Kuhlke, William B., Jr. .................................... 3766, 3785 Lambert, Christine ....................................... 3764, 3782 Lane, Ruby G............................................ 3769,3788 Lazaros, Nick J........................................... 3767, 3785 Leak, John F............................................. 3773, 3793 Ledbetter, James G. ...................................... 3773, 3793 Lee, Earl D.............................................. 3763,3781 Lichtenberg, Joseph M.. ................................... 3762, 3780 Long, Alfred M.. ......................................... 3765, 3784 Long, W. Newton ........................................ 3767, 3786 Maddox, Naomi E. ....................................... 3761,3778 Mallory, William M....................................... 3765, 3783 Mathison, Larry B. ....................................... 3766, 3784 Matthews, Gene A........................................ 3771, 3790 McClure, Dorothy W...................................... 3762, 3779 McDevitt, Michael J.................................. 3762, 3779, 3780 McDuffie, Joe H.. ........................................ 3770, 3790 Mclntyre, Pam .......................................... 3768, 3787 McMahan, Robert C. ..................................... 3767, 3786 McMillan, Elridge W. ................................ 3773, 3776, 3793 McTier, JohnT.. ......................................... 3767, 3785 Melton, Buckner F........................................ 3766, 3785 Melton, John C.. ......................................... 3762, 3780 Miles, Robert D. ......................................... 3770, 3790 Mills, Johnny Carroll ..................................... 3772, 3792 Millsaps, Richard E. ...................................... 3775, 3796 Mink, Deane............................................ 3762, 3779 Mitchell, Julia L.......................................... 3771, 3790 Mitchell, Marshall ....................................... 3775, 3795 Mixon, Eunice L.. ........................................ 3766, 3784 Moon, Mattie L. ......................................... 3762, 3780

INDEX

3991

Appointments by Governor (Continued):
Moore, Frank C. ......................................... 3762, 3780 Moore, William]. ........................................ 3772, 3792 Moreira, Marilyn M....................................... 3762, 3779 Morgan, Harold F. ....................................... 3766, 3785 Morgan, Julia ........................................... 3766, 3785 Morgan, Tommy O. ...................................... 3772, 3791 Morris, Burlene. ......................................... 3773, 3794 Morris, James T. ......................................... 3769, 3788 Morris, Leonard ......................................... 3770, 3789 Morris, Rever A.......................................... 3766, 3785 Morris, Rosalie S. ........................................ 3761, 3779 Murrah, J. Frank......................................... 3772, 3792 Musick,Paul............................................ 3774, 3794 Neal, Peggy............................................. 3771, 3791 Nelson, E. C. (Brick) ...................................... 3769, 3788 Neuberg, S. Charlotte ..................................... 3768, 3786 Nevins, Barbara ......................................... 3761, 3779 Nix, Ronald R.. .......................................... 3772, 3792 Ostrander, Vita R......................................... 3761, 3778 Owens, Richard C. .................................. 3764, 3777, 3781 Paris, James W........................................... 3774, 3795 Parrish, LarryJ. ......................................... 3762, 3779 Payne, Barbara P. ........................................ 3761, 3778 Fender, Me) ............................................ 3763,3780 Penn, Loraine ........................................... 3768, 3787 Perrow, Guerrant H.. ..................................... 3767, 3786 Peters, E. Philip, Sr. ...................................... 3763, 3781 Pickle, Earl "Tige" ....................................... 3764, 3782 Pryor, Carol G. .......................................... 3767, 3786 Quimby, Wallace P. ...................................... 3768, 3787 Radloff, Louise .......................................... 3771, 3791 Reid, Robert Douglas ..................................... 3774, 3794 Remar, Robert. .......................................... 3762, 3780 Rhodes, Frank. .......................................... 3772, 3792 Richards, Emily-May ..................................... 3775, 3795 Riley, Wells. ............................................ 3766, 3784 Robbins, JoAnn. ......................................... 3774, 3794 Roberts, J. Davis ......................................... 3767, 3785 Roberts, Reuben Spengler, Jr.. .............................. 3767, 3786 Robinson,J. W........................................... 3775,3795 Robinson, Patricia B. ..................................... 3765, 3783 Rogers, Ronnie .......................................... 3763, 3780 Russell, Herman J. ....................................... 3766, 3785 Ryan, Robert A., Jr.. ...................................... 3765, 3783 Sanford, Stephan E.. ...................................... 3769, 3788 Scholes, Helen D. ........................................ 3763, 3780 See, Bob ............................................... 3771, 3790 Sherwood,PaulL.. ....................................... 3773, 3793 Shingler, Martha G. ...................................... 3765, 3783 Shirley, Jacob L., Jr. ...................................... 3768, 3786 Singer, AnnJ. ........................................... 3766, 3784 Sisson, Boyd ............................................ 3771, 3791 Smith, Claude P. ......................................... 3761, 3778

3992

INDEX

Appointments by Governor (Continued):
Smith, Harold L. ......................................... 3766, 3785 Smith, Lester S., Jr........................................ 3763, 3781 Smith, M. M. "Muggsy" .............................. 3764, 3781, 3782 Spigel, Bernice B. ........................................ 3761, 3779 Spooner, William A. ...................................... 3767, 3785 Stallings, Tracy .......................................... 3763, 3780 Stamps, Henry Grady (Bud) ................................ 3771, 3791 Stanford, Selina. ......................................... 3775, 3796 Stephens, James A. ....................................... 3761,3778 Stephens, Joyce.......................................... 3766, 3784 Stinson, Mary C.......................................... 3763, 3780 Stout, Lynn L. ........................................... 3771, 3791 Stripling, C. Hobby, Sr..................................... 3762, 3779 Talton, Willie ........................................... 3771, 3791 Tamplin, Anne P. ........................................ 3773, 3793 Teel, Frances. ........................................... 3763, 3781 Temples, Dent L., Jr.................................. 3764, 3777, 3781 Thompson, Bertha W.. .................................... 3770, 3790 Thompson, Garland ...................................... 3772, 3792 Thompson, Gerald H...................................... 3762,3779 Thornton, Franklin....................................... 3772, 3791 Thurmond, Earl H., Sr. ............................... 3764, 3765, 3782 Tigner, Ronald .......................................... 3767, 3786 Tillman, E. C. (Gene) ..................................... 3769, 3788 Titcomb, Earl F., Jr. ...................................... 3765, 3783 Todd, William J. ......................................... 3761, 3778 Tucker, Elizabeth S. ...................................... 3767, 3786 Turner, Jack P. .......................................... 3770, 3790 Turpin, L. R. ............................................ 3773, 3793 Underwood, Vivian A..................................... 3769, 3789 Varner, Edwin S., Jr....................................... 3775, 3796 Vasenden, N. Arvid ...................................... 3770,3789 Vigtel, Gudmund ........................................ 3764, 3782 Walker, J. Wimbric. ...................................... 3768, 3787 Walker, Mary W. ........................................ 3767,3785 Ward, Felker W., Jr. ...................................... 3768, 3787 Ward, George W. ........................................ 3763,3781 Ward, James Griggs ...................................... 3762, 3780 Watkins, W. Roland ...................................... 3767, 3786 Webster, Isabel Gates..................................... 3770, 3789 Weeks, James M. ........................................ 3765,3783 Welch, Claudia T......................................... 3769, 3788 Wells, David A........................................... 3768, 3786 West, ClaraW. .......................................... 3761,3778 West, Edna K. ........................................... 3763, 3780 West, William Sherman ................................... 3774, 3794 White, Nance ........................................... 3767, 3786 Wilheit, Philip A. ........................................ 3767, 3785 Williams, Loraine P....................................... 3766, 3784 Williams, Otis........................................... 3767, 3786 Wing, Michael H. ........................................ 3769,3789 Woodhurst, Stan, Jr. ...................................... 3761, 3778 Wright,W. Ken.......................................... 3774,3794

INDEX

3993

Appropriations for Operation of State Government; for Fiscal Year July 1, 1982, to June 30, 1983, HB 1236 ........ 1812, 1819, 2014, 2123, 2240, 2241, 2448, 2471, 2473, 2597, 2799
Appropriations for Operation of State Government; supplemental to June 30, 1982, HB 1235 .......... 273, 296, 440, 569, 648, 650, 821, 825, 842, 843, 1464, 1621
Appropriations; percentage of prior revenue collections available as Midyear Adjustment Reserve, SB 663. ....... 435, 904, 973, 1082, 1156, 1179, 1217, 3853, 3920
Appropriations; special funds to Administrative Services Department for fiscal year 1982 repealed, HB 1365. ..... 297, 301, 440, 569, 650, 866, 917, 954
Appropriations, Supplemental; for Administrative Services, Labor, Medical Assistance and Offender Rehabilitation Departments, HB 1142. ... 57, 58,61,75,78,80,95
Appropriations, Supplemental; for Medical Assistance Department, HB 1144 .............. 2773, 2790, 2815, 2816, 2837, 2842, 3121, 3123, 3351
Appropriations, Supplemental; prohibit unless Governor declares emergency, SR 51 ................................... No action in 1982
Appropriations, Supplemental; to obligation debt sinking fund for certain construction and expansion, HB 1141 ................. 57, 58, 61, 75, 78, 79
Architects Board; change termination date, certain rules and regulations,
HB 1218. ......................... 846, 850, 1631, 1708, 1844, 1846, 2210 Architects; exempt certain persons from registering,
HB 425 ....................................... 1920, 2126, 2137, 2836 Architects; liens on real property,
SB 646.................................... 359,1310,1395, 1722, 1729 Archives and History; repeal Code on compiling statistical register,
HB 636 ........................................... No action in 1982 Area Planning and Development Commissions; boundary changes, powers
and duties, HB 1161 ............. 91, 119,441,570,650,866,916,930, 1163 Area Planning and Development Commissions; change Code provisions,
SB 724 ...................................................... 1385
Armadillo Olympics Day; proclaim, HR 265 ............................. 1071, 1074, 1633, 1710, 2127, 2197
Armed Forces; member of reserve component, eligibility to hold public office, SB 674 .............................. 637, 1172, 1246, 1319, 1322
Armed Robbery; change parole provisions in proposed Constitution, HR 510 . . 929, 941, 1705, 1840, 2240, 2439, 2754, 2772, 2801, 2804, 3066, 3356
Armed Robbery; definition, penalty provisions, SB 408 ..................................................... 28, 31
Arrest Records; Crime Information Center purge from files if no conviction, SB 612 ............................................. 202,1830, 1921
Arson, Suspected; fire departments make certain reports, HB 1157 ............................... 94, 101, 304, 371, 464, 536, 966
Art Museum, University of Georgia; designate as State Museum of Art of Georgia, HR 782 ............................. 2060, 2071, 2837, 2843,3123,3341
Arts and Humanities Council; special affairs officers for certain groups, HB 572 ..................................... No action in 1982
Askew, Honorable Reuben; Lt. Governor Miller introduced former Governor
of Florida, ................................................... 1269 Athens-Clarke County; alcoholic beverage sales on Sunday, referendum
provisions, HB 1906. ............. 2058, 2070, 2839, 2847, 3114, 3300, 3301, 3345, 3410, 3617, 3702, 3717, 3752, 3867
Athletic Trainers Board; change termination date, provisions on performance audits, SB 681. .... 848, 1172, 1247, 1319, 1328,2091,2100, 3346

3994

INDEX

Atkinson, Debbie; Miss Gwinnett County, introduced. .................... 348 Atlanta Area; Capital City Safety Assistance Committee created to study
public safety, SB 67 ............................ No Senate action in 1982 Atlanta; authorize closing city streets under certain conditions,
HB 1671 ................................. 2038, 2061,3090,3098,3361 Atlanta; authorize closing city streets under certain conditions,
HB 1671 ...................................... 2038,2061,3090,3361 Atlanta Board of Education; qualifications of members,
HB 1505 ................................. 1159, 1168, 1631, 1710, 1842 Atlanta; Cabbagetown historic district exempt from property tax,
SR264 ..................... 246, 1309, 1396, 1684, 3344, 3588, 3864, 3921 Atlanta City Council; change provisions on President,
HB 1264 ................................. 1163, 1168, 1631, 1708, 1841 Atlanta City Court; no collection costs for maintaining law library,
SB 654 ........................... 360, 571, 1309, 1395, 1647, 2762, 3920 Atlanta; employee pensions, deductions for advanced sick leave,
HB 1341 ................................. 1379, 1388, 1704, 1837, 1929 Atlanta Employees; relating to pensions, board of trustees, worker's compensation
and correct reference to Superior Court of Fulton County, HB 1343 .......................... 2800, 2805, 3090, 3096, 3359 Atlanta, exclude certain property from corporate limits, HB 1737 ................................. 1991,2010,3090, 3098, 3362 Atlanta-Fulton County; inventories of certain goods tax exempt if located within urban enterprise zone, HR 774 .......... 2761, 2771, 3092, 3105, 3461 Atlanta-Fulton County; property located within urban enterprise zone separate classification, HR 775. ............... 2761, 2771, 3092, 3105, 3463 Atlanta Group Insurance Board Authority; repeal Act creating, SB 759 .............................. 1698, 2477, 2486, 2850, 3853, 3920 Atlanta Hotels and Motels; commend for service during ice storm, SR 248 ....................................................... 119 Atlanta Municipal Court; revise certain costs and fees, HB 1396 ................................. 1991, 2009, 3090, 3096, 3360 Atlanta Officials and Employees; commend, SR 386 ...................................................... 2879 Atlanta; pensions, certain benefits not apply to certain officers, SB 549 ............................ 97, 256, 1309, 1395, 1641, 3353, 3920 Atlanta School System Civil Service Board; change name, HB 1506 ................................. 1160, 1168, 1631, 1710, 1842 Atlanta's Murdered Children; expressing concern,
SR 159 ............................................ No action in 1982 Atlantic Coast Cutting Horse Association; commend,
SR 245 ........................................................ 90 Atlantic Judicial Circuit; additional superior court judge,
SB 625 ......................... 243, 365, 446, 573, 633, 1650, 1658, 3085 Attachment; lien, judgement and execution, new Code chapter,
SB 325 ............................................ 2892,3661,3920 Attorney General; change compensation,
SB 90 ....................................... No Senate action in 1982 Attorney General; requested to take action to confirm congressional
reapportionment plan adopted by General Assembly, SR 335 ...................................................... 1651 Attorney General's Office; assignment of assistants to State agencies, SR 115 ............................................ No action in 1982 Attorney's Fees in Notes, Instruments; enforceable to limited extent, SB 286 ............................................ No action in 1982

INDEX

3995

Attorney's Fees; notice requirements in certain bankruptcy cases, SB 346 ................................................. 3693,3758
Attorney's Fees; provisions under tax executions, SB 224 ............................................ No action in 1982
Auctioneers, Licensing; certain persons exempt from examination, SB 730 .................... 1386, 1705, 1835, 2023, 2036, 3703, 3736, 3920
Augusta, City of; annex certain property adjacent to corporate limits,
HB 1828 ................................................ 1907, 1917 Augusta, City of; capital improvements of businesses exempt from tax,
HR 740 ............................. 2043, 2067, 2479, 2497, 2940, 3353 Augusta, City of; fines for violators of ordinances,
HB 1829 ................................. 1907, 1918, 2478, 2491, 2865 Augusta, City of; Redevelopment Authority; transferring assets,
liabilities to downtown development authority,
HB 1869 ................................. 1993, 2009, 2478, 2492, 2869 Automobile Clubs; regulations,
HB 814 ........................................... No action in 1982 Automobile Liability Insurance; payments for loss of use,
HB 127 ...................................... 641, 860, 917, 949, 1164 Avondale Estates, City of; change corporate limits,
HB 1593 .................................................. 897, 903 Avondale Estates, City of; change corporate limits,
HB 1594 ................................... 897, 903, 2838, 2844, 3106

B
Bacon, Charles L., Lieutenant Colonel, U.S. Marine Corps Reserve;commend, SR 372. ..................................... 2238
Bacon County Board of Commissioners; five members, HB 1901 ................................. 2042, 2068, 2479, 2495, 2875
Bad Checks; suspension of driver's license if used in connection with issuance, SB 433....................... No action in 1982
Bail Bond; unlawful to dispose of property securing, sheriff file certain notice, SB 317 ....................... No Senate action in 1982
Bail, Convicted Criminal Defendant; provisions if case is on appeal, SB 702 ......................................... 967
Bail, Criminal Cases; appeal bond denied for previously-convicted felons, SB 588 .............................. 150, 1245, 1312, 1654, 1682
Bail, Criminal Offenses; courts of jurisdiction, SB 481.......................................... 41, 88, 104, 120, 131
Bail Jumping; provisions if defendant is absent from trial, SB 6 .............................................. No action in 1982
Bail; prohibited if accused has prior conviction, certain sexual offenses, SB 573 .......................................... 112
Bail; prohibited under certain circumstances, HB723. ......................... .221,236, 1311, 1397,3121,3127,3351
Bainbridge Housing Authority; change population brackets in Act, HB 1445 ................................ 431, 438, 641, 860, 913
Baldwin and Putnam County Courts; change to state courts, SR 244 ............................... 100, 1310, 1396, 1655, 1722, 1801
Baldwin County; alcoholic beverage sales, SB 248 ............................................ No action in 1982

3996

INDEX

Baldwin County; conveyance of certain state-owned property, SR281 ............................ 559, 906, 973, 1081, 1105, 2835, 3921
Baldwin County Court; classified as state court in proposed Constitution, HR 510 ............... 929, 941, 1705, 1840, 2240, 2439, 2754, 2772, 2801, 2804, 3066, 3356
Baldwin County, Property Conveyance; J.P. Stevens and Company, SR 229 ........................... 56, 367, 446, 573, 648, 805, 1381, 3920
Baldwin County Small Claims Court; jurisdiction, court costs, SB 147 ............................................ 1435,1668, 3920
Bales, Jon; compensate, HR 733 ..................................... 3056 Ballard, Honorable William Donaldson; commend,
SR 424 ...................................................... 3694 Banking and Finance; credit unions, interest rate charges,
HB 1533. ....................... 1161, 1167, 1308, 1399, 1654, 1680, 1912 Banking and Finance; institutions required to report large
currency transactions, SB 480 ................... 41, 88, 104, 120, 130, 247, 308, 315, 3088, 3920
Banking, Interest Rates; override federal preemptions in mortgage, business and agricultural financing, HB 1745 ................................................ 2058, 2069
Banking; real estate loans, interest may be charged on unpaid interest, certain cases, HB 1447 .............. 555, 563, 905, 975, 1082, 1113
Banks County Tax Commissioner; compensation, HB 1428 ...................................... 356,364,565, 643,863
Banks; deposits by minors, third party payments, HB 1550 ............................ 1380, 1387, 1703, 1837, 2126, 2135
Banks, Savings; branch banking provisions, SB 650 .............................. 359, 640, 858, 917, 934, 2475, 3920
Barbers Board; continue but later terminate, SB 502 ............................... 54, 205, 249, 308, 322, 2833, 3920
Bartow County Board of Education; compensation,
HB 1864 ................................. 2039, 2063, 2478,2492, 2868 Bartow County Board of Education; term of four years,
HB 1866 ................................. 2039, 2063,2478,2492, 2868 Bartow County; conveyance of state-owned real property,
HR 707 ........................ 1381, 1390, 1832, 1928, 2241, 2530, 2540 Bartow County School Superintendent; elected by Board of
Education, HB 1865 ........................ 2039, 2063, 2478, 2492, 2868 Basketball Team, Decatur High; commend,
SR 426 ...................................................... 3839 Baxley, City of; homestead exemption,
HR 780 .................................. 2043, 2067, 2479, 2497, 2947 Baxley, City of; revise charter,
HB 1888 ................................. 2044, 2067, 2478, 2494, 2874 Beach Areas, Endangered; powers and duties of Coastal
Management Board, SB 400 ........................... No action in 1982 Behavioral Science Practitioners Licensing Board; create,
regulate the profession, SB 682 .................................... 848 Ben Hill and Fitzgerald County Development Authority; powers,
HB 1850 ................................. 1991, 2008, 2215, 2232, 2515 Ben Hill County; collect business license fees,
HR 586................................................... 358, 364 Berry, Martha; issuance of stamp honoring, urge Congress to
support efforts, SR 341...................... 1700, 1921, 2018, 2127, 2171

INDEX

3997

Bibb County Board of Commissioners; districts, HB 1731 ............................ 1380, 1389, 2121, 2221, 2504, 3089
Bibb County Board of Public Education and Orphanage; educational district from which elected,
HB 1918 ............................ 2418, 2422, 3091, 3100, 3384, 3862 Bibb County Board of Public Education and Orphanage; funds for
buying and selling property, SB 742 ................ 1627, 1704, 1836, 1929, 3087, 3920
Bibb County Education Board; terms of members unlimited, HB 1625 ................................... 964, 968, 3090, 3098, 3360
Bibb County-Macon Water and Sewerage Authority; electoral districts, HB 1732 ..................... 1380, 1389, 2121, 2221, 2505, 3089
Bibb County-Macon Water and Sewerage Authority; pension plan, HB 1412 ................................. 2037, 2061, 3092, 3097, 3380
Bibb County Water and Sewerage Authority; insurance coverages, HB 1411 ................................. 1379, 1388, 2120, 2220, 2502
Bicycles; accommodation when grates installed on public roadways, SB 64 .................................... No action in 1982
Bills Introduced in General Assembly; time limitations, SR 220 ........................................................ 26
Birth and Death Registration; new Code Chapter on Vital Records, HB 780 ...................... 1725, 1726, 1919, 2018, 2127, 2160
Blasting Near Underground Gas Pipes; definition of gas include
liquid petroleum products, SB 142 ...................... 3708, 3733, 3920 Bleckley County Education Board; election of members from
districts, HR 817........................... 2421, 2425, 2839, 2850, 3228 Blind, Factory for; redesignate as Industries for the Blind,
HB 1386 ............................ 1029, 1031, 1392, 1636, 1722, 1745 Blood Donation; leave of absence for public employees,
HB 1419 ............................ 1084, 1109, 1705, 1837, 2240, 2467 Blood Test for Intoxication; procedures, immunity from
liability, HB 1299 ....................... 356, 362, 1705, 1836, 1937, 1965 Bloodworth, William Franklin, Jr.; designate bridge in Mclntyre,
Highway 441 in honor, HR 755 .......... 2060, 2071, 2483, 2486, 3123, 3341 Bloomingdale, City of; additional territory within corporate
limits, HB 1015 ........................................ 303, 370, 451 Boards, Commissions; provisions relating to membership based
on residency within congressional districts, SB 725 ................... 1385 Boards, Commissions, Statutory; provisions relating to membership
based on residency within congressional districts, SB 723 .............. 1305 Boat Safety; safety and penal provisions distributed to those registering
vessels, limitations when skiing or at anchor, SB 488.................... 43 Boat Safety Zones; regulations near dams and swimming areas,
HB 1601 ............................ 1434, 1449, 1920, 2019, 2127, 2164 Bogart, City of; reincorporate,
HB 1486. ....................... 1068, 1073, 1704, 1837, 1930, 2421, 2789 Boilers, Pressure Vessels; inspection and certification for
safety, SB 365 ...................................... No action in 1982 Bond for Public Contractors; change in contracts with State,
counties and cities, SB 110 ...................... No Senate action in 1982 Bond Forfeiture, Criminal Procedure; change provisions,
HB 1636. ....................... 1998, 2012, 2840, 2844, 3123, 3321, 3861 Bond Requirements; sheriffs' deputies,
SB 632 .......................... 244, 442, 567, 649, 865, 890, 2475, 3920

3998

INDEX

Bonding Provisions; criminal offenders ordered to make restitution to victims, SB 461 ....................... 25, 248, 305, 376, 395
Bonds and Recognizances; no forfeiture in criminal cases after three years without trial, SB 644 ...................... 299, 857, 908, 1722, 1727, 3853, 3920
Bonds; change amount required for coroners, SB 677................................... .637,1172,1246, 1319, 1325
Bonds, Criminal; fees of sureties limited to ten percent, SB 482 ............................. 42, 88, 104, 120, 132, 636, 823, 3920
Bonds Issued by Local Governments; eliminate interest rate ceiling, SB 523. ........................ 84, 247, 305, 376, 401, 3854, 3920
Bonds, Performance; requirements on public contracts, SB 678 ................ 638, 1080, 1173, 1247, 1319, 1327, 3757, 3802, 3920
Bonds, Refunding; provisions for issuance by local governments, SB 754........................................... 1697
Bondsmen, Professional; licensing and procedure, certain persons prohibited from serving, HB 1180. ............................. 356, 362
Boxing Commission State; create,
HB 1256. ....................... 2089, 2095, 2480, 2484, 3122, 3287, 3349 Bradley, John D.; compensate,
HR 528 .................................. 1695, 1703, 2837,2843, 3256 Brantley County Officials; personnel provisions, ,
SB 691......................................... 900,1075, 1175, 1254 Brantley County Sheriff's Office; personnel and equipment,
SB 690......................................... 900,1075, 1175, 1254 Braves Baseball Team, Atlanta; introduction,............................. 27 Breeding, Honorable William J.; commend,
SR 354 ................................................. 1844, 1997 Bremen, City of; change corporate limits,
HB 1837 ................................. 1908,1919,2215,2232,2514 Bridge in Mclntyre, Highway 441; designate in honor of
William Franklin Bloodworth, Jr, HR 755 ................ 2060, 2071, 2483, 2486, 3123, 3341
Bridge, Jones and Monroe County; designate as Dames Ferry, SR 18 ............................................. No action in 1982
Bridge over Oostanaula River, Highway 41; designate in honor of Clem Holland, HR 593 ............... 1381, 1390, 1706, 1840, 2127, 2161
Bridge over Satilla River, Highway 82; designate in honor of Dr. McKee Hargrett, HR 583 ................... 1995, 2010, 2483, 2486, 3123, 3339
Bridge over Tennessee River, Highway 246; designate in honor of Miller J. Grist, HR 656 ............... 1910, 1914,2483,2486,3123,3340
Bridges, Pate; commend, SR311 ...................................................... 1178
Brinkley, Honorable Jack and Honorable Mack Mattingly; commend, SR 296.................................... 850, 1830, 1926, 2240, 2472
Brinkley, Honorable Jack T.; commend, HR 824................................................. 2091,2239
Brisbane, Robert H., Dr.; commend, SR 334 ...................................................... 1651
Brooks County Coroner; compensation, HB 1862 ................................. 2039, 2062,2478,2492,2867
Brooks County; limit amount of taxes levied without referendum, HB 1942 ................................. 2757, 2767,3091,3101,3366

INDEX

3999

Brooks County; time requirements, tax returns, change population figures in Act, HB 1921. .................... .2419,2422,2839,2847,3109
Brooks County; traffic fine disposition, change population provisions, HB 1860 ........................ 2038, 2062, 2478, 2491, 2867
Brown, Senator Parks; excused due to hospitalization second through twelfth legislative days ................................... 209
Brunswick-Glynn County Charter Commission; extend time to complete work, HB 1690 .................... 1303, 1307, 1392, 1640, 1720
Brunswick-Glynn Hospital Authority; qualifications and selection of members, SB 782. .............. 2212, 2477, 2486, 2851, 3627, 3628, 3920
Brunswick Port Authority; borrow money for corporate purposes, HB 1939 ................................. 2420,2424, 2839,2848,3111
Bryan County; ad valorem tax proceeds to Industrial Development Authority not exceed two mills, SR 333 .................. 1700, 1829, 1926, 2108, 3856, 3921
Bryan County Board of Commissioners; election of members, SB 752 .............................. 1697, 1829, 1924, 2020, 3353, 3920
Bryan County Superintendent of Schools; appointed by Board of Education, SB 753 ............................ 1697, 1829, 1924, 2021
Bryan County Treasurer; abolish office, SB 760 .............................. 1698, 1829, 1924, 2022, 3354, 3920
Budget Message; Governor address Joint Session, HR 507.................................................. 23,27, 64
Budget Report to General Assembly; include information on retirement systems, SB 396. ........................... No action in 1982
Building Authorities, Public; create, SB 326 ............................................ No action in 1982
Building Authority; enter into contracts, leases and agreements, SB 284. ................................. No action in 1982
Building Permits, County or City Issuing; retain records of applications, HB 1444. ................. 2057, 2069, 2838, 2842, 3123, 3299
Building Standards and Codes; additional member on advisory board to Community Affairs Department, HB 460 ........... 147, 152, 1391, 1635, 1723, 1808
Buildings Accessible to Physically Handicapped; Fire Safety Commissioner, enforcement powers, SB 435. ............. No action in 1982
Buildings, Industrialized; certification, standards and inspection procedures for construction, SB 602 ............... 200, 441, 567,
649, 865, 885, 3708, 3739, 3920 Buildings, Public, Accessible to Handicapped; definitions,
standards, SB 342 .'.................................. No action in 1982 Bulloch County Board of Commissioners; compensation of clerks,
HB 1664 ................................. 1235,1241,1391,1638,1715 Bulloch County; compensation of sheriff's deputies,
HB 1668 ................................. 1236, 1242,1392,1639,1717 Bulloch County Probate Court; compensation of clerk,
HB 1665 ................................. 1235, 1241, 1391, 1638, 1716 Bulloch County Small Claims Court; compensation of judge,
HB 1826 ................................. 1990, 2007,2478,2490,2865 Bulloch County Superior Court; compensation of clerk's
employees, HB 1667. ....................... 1236, 1241, 1392, 1639, 1716 Bulloch County Tax Commissioner; compensation of assistants,
HB 1666 ................................. 1235, 1241,1391,1639,1716 Burke County Board of Elections; change population provisions,
HB 1872 ................................. 2039, 2063, 2478, 2493, 2870

4002

INDEX

Chaplains of the Day (Continued):
Hobbs, Rev. Tim. ............................................. 2879 Hodges, Dr. Cecil.............................................. 916 Holt, Rev. James................................................ 44 Huyck, Rev. Albert............................................ 2529 Jenkins, Rev. Layne ............................................. 77 Johns, Dr. Bobby ............................................. 3120 Johnson, Father Robert ........................................ 1178 Jones, Rev. Bevel ............................................. 1319 Marshburn, Dr. Robert ......................................... 159 Mikell, Rev. George ........................................... 1267 Moor, Rev. Jimmy ............................................. 571 Oliver, Rev.John ............................................. 1721 Paulk, Rev. Earl P., Jr. ........................................... 57 Rogers, Rev. Glint. ............................................. 376 Russell, Rev. Andrew.......................................... 1649 Sangster, Rev. Harold. ......................................... 1843 Sims, Rev. Calhoun ............................................ 209 Sims, The Right Reverend Bennett J................................. 89 Smithmier, Rev. Claude ......................................... 308 Wells, Dr. C. E................................................ 2126 Wesberry, Dr. James ............................................ 62 West, Rev. J. Harvey ........................................... 254 Withers, Rev. Harold .......................................... 1936 Young, Rev. Andrew ............................................ 13 Charitable Organizations; definitions, penalties, HB 1055 ............................ 1853, 1882, 2479, 2483, 3397,3562 Charlton County; releasing certain property to board of commissioners, HR 747 ................ 2091, 2097, 2481, 2486, 2881, 3028 Charlton County Tax Commissioner; compensation, HB 1504 ................................... 555, 564, 1829, 1927, 2022 Chatham County Board of Elections; change population, HB 1531 ...................................... 635, 640,855, 911,978 Chatham County Commission; consolidate functions with mayor and aldermen of City of Savannah, SB 576................... 147, 302, 368, 454 Chatham County Commissioner Districts; election, HB 1320.................................................. 146, 154 Chatham County; compensation of certain officials, HB 407 .................................. 2920, 2953, 3092, 3095,3358 Chatham County; extend mineral lease in Savannah River to Union Camp, HR 619. ......................... 898, 904, 1174, 1252,1320,1361 Chatham County Juvenile Detention Facility; name in honor of Grady Lee Dickey, SR 19. ....................... No Senate action in 1982 Chatham County Probate Court Clerk; salary, HB 1717 ................................. 1623,1629,2477,2488,2855 Chatham County; provisions on alcoholic beverage sales within certain distance of church, HB 691 ............................... 29, 37 Chatham County Recorder's Court; collect additional costs for county law library, HB 1894. ............. .2042,2066,2838,2847,3108 Chatham County Recorder's Court Judge; change population brackets in Act, HB 1784. ........................... 1822, 1826, 2214, 2229, 2525 Chattahoochee County Board of Commissioners; compensation, HB 1792 ................................. 1906,1916,2215,2230,2510

INDEX

4003

Chattooga County Commissioner; procedures for disposal of county property, HB 1689 ................... 1303, 1307, 1392, 1640, 1720
Chattooga County Commissioner; salary same as sheriff, HB 1797 ................................. 1906, 1917, 2215,2231, 2511
Chattooga County, Trion School District; proceeds of local sales tax, reduction in ad valorem tax, HR 822 ................. 2421, 2425, 2839, 2850, 3232, 3862
Cherokee County Board of Education; education districts, HB 1701 ................................. 1379,1388, 1704,1838,1932
Cherokee County Commissioner; compensation, HB 1653 ................................. 1162, 1170, 1391, 1638, 1714
Cherokee County Officials; compensation, HB 1858 ................................. 2038, 2062, 2478,2491, 2867
Chester, Town of; change corporate limits, HB 1451 ...................................... 431, 438, 641,861, 914
Child Custody Cases; court may order investigations, HB 94 .............................. 2017, 2219, 2223, 3398, 3688, 3859
Child; liability of parents or guardian for malicious acts, HB 1450. ......................... 929, 941, 1632, 1709, 2126, 2130, 2836
Child Support; life insurance required, certain circumstances, SB 37 ....................................... No Senate action in 1982
Child Support Receiver; appointment and removal from office, SB 315 ...................................... No Senate action in 1982
Child Support Recovery Act; provisions on services, assignment of rights, HB 1408 ......................... 1381, 1387, 2016, 2123, 2241, 2530, 2542, 3858
Child Support Recovery Act; unemployment compensation defined as earnings, HB 1407. ............. 1163, 1167,2016,2123,3122,3181,3861
Child Support Recovery; Human Resources information utilized in custody or parental kidnapping cases, HB 1406 ................ 846, 851, 1310, 1398, 1723, 2241, 2530, 2541, 3860
Child Welfare Agency; definition exclude day-care centers, SB 615 ....................................................... 241
Children and Youth Act; goals to reduce number of children in foster care, HB 1534 .............. 898, 902, 1919, 2019, 3122, 3178, 3348
Children and Youth Act; redefine family day-care homes, registration requirements, HB 638. ................. 1393, 1635, 1722, 1757, 1998, 2045
Children and Youth Division; incarceration of certain children under age 18, SB 473 ............................................. 40
Children and Youth Study Committee; create, SR 171 ............................................ 3592,3594, 3921
Children; contributing to delinquency, unruliness or deprivation unlawful, HB 1323 ................. 929, 941, 1632, 1709, 1845, 1875, 2208
Children, Cruel Treatment by Parents; repeal Code Section, HB 83...................................................... 28,32
Children, Malicious Acts; parental liability, change maximum amount, SB 673 ........................................... 559, 1079
Children Reared under Immoral Conditions, Protection of; repeal Code, HB 48........................ 28, 32, 3094, 3397, 3604, 3859
Children's Fingerprints; provisions for taking in criminal cases, HB 1285 ................ 555, 561, 971, 1077, 1268, 1283, 1911, 1942, 2756,2791,3306,3865
Chiropractic Examiners Board; change termination date, licensing procedures, HB 1223 ................... 199, 203, 905, 974, 1082, 1116, 1238, 1464, 1987, 2036, 2203, 2209

4004

INDEX

Chiropractic Students; school requirements to perform certain tasks, SB 367 ................................. No action in 1982
Chiropractors; authorized to sign death and health certificates, SB 520 .............................................. 83
Chiropractors; qualifications for licensure, SB 343 .................................................. 358,3920
Christian School, Georgia; Basketball Team, commend, SR 377 ................................................. 2529,3089
Cigarette Sales Act, Unfair; repeal HB 110 ........................................... No action in 1982
Cities; weight limitations of motor vehicles, SB 294 ............................................ No action in 1982
Civil Cases; verdict of jury not required if parties consent to judgment, SB 505 .................... 55, 857, 907, 1081, 1086, 3089, 3920
Civil, Criminal Cases; court postponement granted if counsel must be in another court, SB 522. .............. 83, 155,207,257,280, 3065, 3084, 3271, 3328, 3920
Civil Defense Personnel; special license tags, SB 293 ............................................ No action in 1982
Civil Practice; court inquiry relating to affidavits of indigence, HB 1327 ................ 357, 362, 2017, 2219, 2224, 2531, 2881, 3047, 3350
Civil Practice; effect of dismissals for failure to prosecute, HB883 ............................. 1084, 1109, 1631, 1708, 1845, 1879
Civil Practice; filing depositions with court, exceptions, HB 1352 ............................... 433, 439, 970, 1078, 1179, 1209
Civil Practice; habeas corpus procedures for persons under court sentence, HB 931. ........... .60,61,365,446,573,648,866,917,945, 1164
Civil Practice; petition for writs of habeas corpus, transfer provisions, SB 578 .............................. 148, 205, 250, 309, 331
Civil Proceeding; husband or wife may testify to adultery of other, HB 1838 ....................... 2058, 2070, 2840, 2846, 3122, 3282
Claims Advisory Board; procedures and requirements relating to claims against State, HB 1291. ............ 1694, 1701,2014,2123,2240,2446,3350
Clarke County-Athens; alcoholic beverage sales on Sunday, referendum provisions, HB 1906 .................. 2058, 2070, 2839, 2847, 3114, 3300, 3301, 3345, 3410, 3617, 3702, 3717, 3752, 3867
Clarke County Hospital Authority; members of the board, HB 1674 ................................. 1160, 1171,1392,1639,1718
Clarke County; public revenue and taxation, change population provisions, HB 1815 ........................ 1989, 2006, 2478, 2490, 2864
Clarke County Recorder's, Magistrate's Court; appeals of civil cases, HB 1673 ................... 1160, 1170, 1392, 1639, 1717, 1912
Clarke County State Court Judge; no law practice, HB 1675 ................................. 1161, 1171,1392,1639,1718
Claxton, City of; powers and duties of mayor, change certain personnel provisions, SB 771 ............ 1824, 2014, 2122, 2235, 3355, 3920
Clayton County; amount of deductions by tax officials from school taxes, HB 1700. ................. 1379, 1388, 2121, 2221, 2503, 3349
Clayton County Board of Commissioners; compensation of chairman, HB 1647. ........................ 1162, 1170, 1391, 1637, 1713
Clayton County Board of Education; manner of selection, HB 1968 ................................. 2760,2770,3092,3103,3372
Clayton County Civil Service Board; compensate, HB 1721 ................................. 1624,1629,1704,1839,1934

INDEX

4005

Clayton County Probate Court Judge; compensation, HB 1649 ................................. 1162, 1170,1391,1637,1713
Clayton County Sheriff, Superior Court Clerk; compensation, HB 1650 ................................. 1162, 1170, 1391, 1638, 1714
Clayton County State Court Judges and Solicitor; compensation, HB 1651 ................................. 1162, 1170, 1391, 1638, 1714
Clayton County Tax Commissioner; compensation, HB 1646 ................................. 1162,1169, 1391, 1637, 1713
Clayton County Water Authority; compensation of members, HB 1720 ................................. 1624, 1629, 1704, 1839, 1934
Clerk of Court; custody and control of evidence in civil or criminal actions, SB 524........................... 84, 115, 158, 210, 238
Clerks of Superior Courts; provide for election to office, SB 150 ............................................ No action in 1982
Clerks of Superior Courts; vacancies in office, HB1631 ............................ 1998, 2012, 2480, 2485,2881, 3035
Clerks, Superior Court; provisions for compensation, HB 1714. .................. 2089, 2095, 3093, 3098, 3397, 3409, 3627, 3695
Climax, City of Mayor and Council: terms of office, HB 1848 ................................. 1991,2008,2478,2491, 2865
Clinical Laboratory, Blood Bank, and Tissue Bank Committee; qualifications of members, HB 1368. ............... 1237, 1240, 1919, 2019,
2880, 3024, 3351 Clinical Labs; licensure of specimen collection stations,
HB 1549 .............................. 929, 941, 1244, 1314, 1402, 1452 Coastal Islands Study Committee; create,
SR 361................................... 1825,2121,2220,2880,2882 Coastal Management Board; powers and duties relating to
endangered beach areas, SB 400. ....................... No action in 1982 Cobb County Ad Valorem Taxation of Property; due August 15,
HB 1926 ................................. 2419, 2423, 3091, 3101, 3365 Cobb County Board of Commissioners; meetings,
HB 1560 ................................... 845, 852,2477,2487, 2853 Cobb County Board of Education; conduct meetings at any
location, HB 1966 .......................... 2760, 2770, 3091, 3103, 3371 Cobb County Board of Health; additional member,
HB 1616 ................................. 1160,1169,2477, 2487, 2854 Cobb County; change population brackets relating to alcoholic
beverage sales on Sundays and election days, SB 471 .............................. 40, 103, 115, 158, 1726, 3062, 3920 Cobb County; change provisions on districts for election of commissioners, SB 659 ..................... 434, 641, 858, 912, 1382, 3920 Cobb County Civil Service Board; qualifications of members, HB 1677. ........................ 1236, 1242, 2477, 2488, 2854 Cobb County; create South Cobb Development Authority, SB 688 ............................... 899, 1075, 1175, 1254, 2211, 3920 Cobb County, Justice of the Peace; filling vacancy, HR 730 .................................. 1626, 1630, 2479, 2497, 2938 Cobb County Magistrate; create office, HB 1802 ................................. 2038, 2062, 2477, 2489, 2861
Cobb County School Security Personnel; law enforcement powers, HB 1538 ................................... 844, 852, 2477, 2487, 2853
Cobb County State Court; additional judge, HB 1118 .................................... 93, 101, 2477,2486, 2851

4006

INDEX

Cobb County State Court; change certain costs, HB 1672 ................................. 1236, 1242, 2477, 2487, 2854
Cobb County State Court; compensation of chief deputy clerk, HB 1552 .............................. 844, 852, 2477, 2487, 2853
Cobb County State Court; number of assistant solicitors, HB 1753 ................................. 1693, 1702,2477,2489,2860
Cobb County State Court; when accusations must be based upon affidavit, HB 1727. ......................... 1624, 1629, 2477, 2488, 2855
Cobb Judicial Circuit; additional judge, HB 1087 .............................. 110, 113, 205, 252, 309, 351, 898
Cochran, Homer; designate road in honor, HR 736...................................................... 2210
Code of Georgia; amend to provide for revisions and correction of errors, SB 474 ...................... 40, 88, 104, 120, 122, 553, 581, 842
Code of Georgia Annotated; provide for distribution, HB 1162. ........................ 60, 61, 115, 158, 211, 257, 259, 821, 943
Code Revision; change certain sections relating to population classification, HB 1429 ....... 1725, 1726, 2217, 2225, 2531, 2881, 3049, 3350
Code Revision; reenact Act relating to street improvements in municipalities with population of 600 or more, SB 717 ......................... 1239, 1631, 1707, 1845, 1880, 3853, 3920
Coffee County; maximum court costs for law library fund, HB 1595 ................................. 1623, 1628,1704,1838,1931
Coleman, John; commend, SR 391 ...................................................... 2892
Coleman, Lucy Brown and Lizzie Brown English; 100th birthday, SR 221 ........................................................ 27
Collections of Life and Heritage, Inc.; commend, SR 301 .................................................. 916,1381
College Park, Homestead Exemption; increase for 65 year olds and disabled, HR 701 ....................... 2044, 2067, 3091, 3104, 3444
Colleges, Out-of-State; tuition equalization grants to students, certain cases, HB 589 ............. 1952, 1954, 2216, 2223, 2880, 2912, 3348
Colleges, Private; students attending eligible for incentive grants, SB 697 ................................................. 901
Collins, Carl; commend, SR 329 ...................................................... 1651
Collins, Honorable Marcus; commend, SR 347 ................................................. 1843,1996
Collins, Sue H.; compensate, HR253............................................ 26,103, 116, 191
Colquitt County-Moultrie Development Authority; amount of interest on bonds issued, HR 634 .................... 847, 854, 1705, 1840, 1981, 2090
Colquitt County; tag fee to fund emergency medical services, HR 813 .................................. 2145, 2171, 2479, 2497, 2951
Colquitt County; use of local sales tax by school system, HR 779 ........................ 2043, 2067, 2479, 2497, 2945, 3077, 3085
Columbia County Board of Elections; change population brackets in Act, HB 1262 .................... 146, 153, 441, 570, 647, 1070
Columbia County Coroners' Compensation; change population brackets, HB 1962 ......................... 2759, 2770, 3091, 3103, 3370
Columbia County Justice of the Peace; increase jurisdiction of civil cases, HR622 ........................... 636, 640, 855, 911, 1063
Columbus, City of, Municipal Court; bonds of the clerk and marshal, HB 1953 ...................... 2758, 2768, 3091, 3102, 3368

INDEX

4007

Columbus; conveyance of certain state-owned property, SR 117 ............................................ No action in 1982
Columbus-Muscogee County; special purpose grand juries, HB 1158 .............................. 110, 114, 1245, 1313, 1401, 1404
Commerce High School Football Team; commend, SR 277 ....................................................... 386
Commerce, Jefferson City and Jackson County School Districts; consolidate into single area district, HB 1919 ................................. 2418, 2422, 2839, 2847, 3109
Commercial Accounts; change rate of interest charged, SB 380 ...................................... No Senate action in 1982
Commission on Professional Standards; powers and duties,
HB 1399 ............................ 1304, 1307, 1393, 1637, 1722, 1739 Commission on State Capitol Preservation; create,
SR 122 ...................................... No Senate action in 1982 Commission on State Growth Policy; create,
SB 601 ..................... 200, 440, 566, 649, 865, 881, 3065, 3071, 3920 Commission to Study Environmental Facilities; create,
SR 346 ............... 1825, 2121, 2220, 2531, 2881, 3054, 3805, 3820, 3921 Commission to Study Mental Health; create,
SR 228......................................... 56,205,251,309, 348 Commission to Study School Finance; create,
SR271 ................. 300, 970, 1076, 1179, 1198, 3415, 3550, 3863, 3921 Committee for Regulatory Reform, Senate; create to review
department rules and regulations, SB 733 ..................... 1386, 1705, 1835,2024,2091
Committee for Review of Administrative Rules; create, SR 24 ............................................. No action in 1982
Committee for Review of Administrative Rules, Joint; create within General Assembly, SB 657 ................. 361, 856, 908, 981, 1044
Committee, MARTOC (Metropolitan Atlanta Rapid Transit Overview);
extend to 1984, HR 542 ..................... 1163, 1391, 1640, 1845, 1885 Committee on Capital City Safety Assistance; create,
SB 67 ....................................... No Senate action in 1982 Committee on Constitutional Revision; extend existence,
HR 514 ............................... 111,114,205,253,309,376,379 Committee on Farm Winery Laws; create,
HR 715 ............................. 1304, 1308, 1920, 2020, 2127, 2199 Committee on Industry, Labor and Tourism; Senator Jack Stephens
act as Chairman, .......................................... 303,2480 Committee on Long-Term Indebtedness; create,
SR 147 ..................................................... 28, 32 Committee on Special Judiciary; Senator Bill Littlefield
act as Chairman, .............................................. 2017 Committee, Task Force on Pension Issues; create,
SR 112 ............................................ No action in 1982 Committee to Study Alcohol Abuse; create,
SR 336 ............... 1700, 1921, 2018, 2127, 2153, 2208, 2241, 2530, 2560 Committee to Study Career Consulting Service; create,
SR 306................................... 1072,1633, 1707, 1845, 1884 Committee to Study Children and Youth; create,
SR 171 ............................................ 3592, 3594, 3921

4008

INDEX

Committee to Study County and Municipal Insurance Premium Tax; create, SR 366 ............................. 2002, 2841, 2842, 3122, 3259
Committee to Study Driver Improvement Clinic; create, SR 17 ............................................. No action in 1982
Committee to Study Driver's License Suspension and Revocation; create, SR 378. ....................... 2476, 3094, 3397, 3693
Committee to Study Duplication of Services and Efficiency and Economy in Government; create, SR280. .......... 436, 906, 973, 1082, 1128
Committee to Study Federal Correctional Institution in Atlanta
for State use; create, SR 242 ........................ 87, 156, 209, 258, 290 Committee to Study Georgia Coastal Islands; create,
SR361................................... 1825,2121,2220,2880,2882 Committee to Study Hazardous Drivers; create,
SR274 ..................... 361, 1174, 1248, 1319, 1362, 3693, 3759, 3921 Committee to Study Health and Medical Education; create,
SR284..................................... 560,970,1076, 1179, 1208 Committee to Study Health Care Cost Containment; create,
HR228. .................................................... 30, 38 Committee to Study Motor Vehicle Safety Inspection; create,
SR339................................... 1700,1831, 1926,2126,2135 Committee to Study Music Industry; create,
SR288. .................................... 638, 971,1077, 1179, 1187 Committee to Study Need for State Ombudsman; create,
SR 384. ....................................... 2832, 3094, 3397, 3615 Committee to Study Penal System; create,
SR342................................... 1700, 1831, 1926,2127,2159 Committee to Study Primary Health Care; create,
SR 26 ............................................. No action in 1982 Committee to Study Prime Agricultural Farmland; create,
SR 134 ...................................... No Senate action in 1982 Committee to Study Public School Employees Health Insurance;
create, SR 398 ................................................ 3090 Committee to Study Services for the Aged; create,
SR 226 .......................... 55, 205, 251, 309, 347, 3412, 3544, 3921 Committee to Study Standards for Private Schools; create,
SR 365 ...................................................... 2002 Committee to Study State-Wide Fire Protection; extend to 1983,
change membership provision, HR 533 .................. 1910, 1914, 2217, 2233, 3122, 3291
Committee to Study Suspension and Discipline in Schools; create, SR 344 ........................ 1701, 2015, 2122, 2530, 2881, 3042
Committee to Study Trapper Safety; create, SR313................................... 1166, 1632, 1707, 1844, 1848
Committee to Study Workers' Compensation Reform; create, SR 388................................... 2832,3094,3095, 3397, 3607
Commodity Commissions, Agricultural; compensation of members, SB 529. ................................... .85, 114, 158,211,257,258
Communication Facility; unlawful to use in crime relating to controlled substances, HB 1283 ............. 432, 437, 971, 1077, 1268, 1281
Communications from Governor Busbee, ............................... 13 Communications from Secretary of State,.............................. 3358 Community Affairs Department; advisory board, additional
members, HB 460....................... 147, 152, 1391, 1635, 1723, 1808 Community Affairs Department and Advisory Committee; powers and
duties, provisions on planning and development commissions, HB1161. ..................... .91, 119,441,570,650,866,916,930, 1163

INDEX

4009

Community Affairs Department; transfer provisions on area planning and development commissions to local government Code, SB 724. .......... 1385
Community Care for the Elderly; new Code Chapter, SB 581 ......................... 148, 365, 444, 572, 613, 2211, 2428, 3920
Community Service by Certain Offenders; establish as condition of probation, SB 503 .................... 54, 366, 443, 572, 589, 2212, 3920
Community Service Programs; change administration provisions, SB 622 ................... 242, 856, 908, 980, 1033, 1269, 1288, 3088, 3920
Compensation of State Officials; Attorney General, change compensation, SB 90 ........................... No Senate action in 1982
Compensation of State Officials; salaries of judges and district attorneys, SB 475 .......................... 40, 440, 565, 649, 833
Confederate Soldiers; repeal certain Code chapters, SB 310 ............................................ No action in 1982
Confession, Material Facts discovered by; relating to, HB 100 ........................................... No action in 1982
Confidential Information; disclosure unlawful under Medical Assistance Act, SB 104 ............................... No action in 1982
Congressional Reapportionment; Attorney General requested to institute actions to confirm plan adopted by General Assembly, SR335 .......... 1651
Congressional Reapportionment; change certain districts, provisions on membership on boards based on residency, SB 723 ................ 1305
Congressional Reapportionment; change certain districts, provisions on membership on boards based on residency, SB 725 ................ 1385
Conservation Division, State; repeal provisions relating to suits, SB 47 ........................................ No action in 1982
Consideration; change definition, HB 105 ........................................... No action in 1982
Consolidation, Counties and Cities; procedures, referendum requirements, SR 343 .......................................... 1701
Constitution, Proposed; changes on pardons and paroles, certain life sentences, armed robbery and earned time served, HR 510 . . 929, 941, 1705, 1840, 2240, 2439, 2754, 2772, 2801, 2804, 3066, 3356
Constitution, Proposed; delete referendum requirement on reapportioning school board districts, HR510. .............. 929, 941, 1705, 1840, 2240, 2439, 2754, 2772, 2801, 2804, 3066, 3356
Constitutional Amendment Allowing Two-Article Changes as Single Amendment; repealed, HR513 ................... 1030, 1031, 1705, 1840, 2240, 2468
Constitutional Amendment; people have power to enact by initiative petition, SR 243 ......................... 87, 155, 209, 258, 291, 1845, 1886, 1904, 2024, 2085
Constitutional Amendment, Proposed; Governor authority to veto, certain circumstances, SR 48 .......................... No action in 1982
Constitutional Amendment Providing Manner of Filling Vacancies in Constitutional Offices; repealed, HR517................... 964, 969, 1310, 1399, 1723, 2240, 2469
Constitutional Amendments: Alcoholic Beverage Tax; proceeds used for treatment in alcohol and drug abuse, SR 13...................... No action in 1982 Atlanta-Fulton County; inventories of certain goods tax exempt if located within urban enterprise zone, HR 774 .............. 2761, 2771,
3092,3105,3461

4010

INDEX

Constitutional Amendments (Continued]:
Atlanta-Fulton County; property located within urban enterprise zone separate classification, HR 775........ 2761, 2771, 3092, 3105, 3463
Augusta, City of; capital improvements of businesses exempt from tax, HR 740 ...................... 2043, 2067, 2479, 2497, 2940, 3353
Baldwin and Putnam County Court; change to state courts, SR244 ........................... 100, 1310, 1396, 1655,1722,1801
Baxley, City of; homestead exemption, HR 780............................... 2043,2067,2479, 2497,2947
Ben Hill County; collect business license fees, HR 586 ............................................... 358,364
Bleckley County Education Board; election of members from districts, HR 817 ....................... 2421, 2425, 2839, 2850, 3228
Bryan County; ad valorem tax proceeds to Industrial Development Authority not exceed two mills, SR 333. .............. 1700, 1829, 1926, 2108, 3856, 3921
Cabbagetown Historic District in Atlanta; exempt from property tax, SR264. ................. 246, 1309, 1396, 1684, 3344, 3588, 3864, 3921
Camden County, Homestead Exemption; $4,000, HR 640. ................................ 848, 854,1172,1252, 1368
Chamblee, City of; increase homestead exemption for certain residents, SR 330 .................. 1699, 2477, 2486, 2922, 3856, 3921
Chattooga County, Trion School District; proceeds of local sales tax, reduction in ad valorem tax, HR 822 .............. 2421, 2425, 2839, 2850, 3232, 3862
Cobb County, Justice of the Peace; filling vacancy, HR 730. .............................. 1626, 1630, 2479, 2497, 2938
College Park, Homestead Exemption; increase for 65 year olds and disabled, HR 701 ................... 2044, 2067, 3091, 3104, 3444
Colquitt County; tag fee to fund emergency medical services, HR 813............................... 2145,2171, 2479, 2497, 2951
Colquitt County; use of local sales tax by school system, HR 779 ..................... 2043, 2067, 2479, 2497, 2945, 3077, 3085
Columbia County Justice of the Peace; increase jurisdiction of civil cases, HR 622 ....................... 636, 640, 855, 911, 1063
Committee for Review of Administrative Rules; create, SR 24 ......................................... No action in 1982
Constitution, Proposed; pardons and paroles changes on life sentences, armed robbery and earned time served, county court classification, school board districts, HR 510 ............ 929, 941, 1705, 1840, 2240, 2439, 2754, 2772, 2801, 2804, 3066, 3356
Constitutional Amendments; people have power to enact by initiative petition, SR243. ................... 87, 155, 209, 258, 291, 1845, 1886, 1904, 2024, 2085
Covington, City of; homestead exemption, limit, HR 594. ................................ 557,564,1392,1640,1814
Criminal Code; provide for sentence of life imprisonment without parole, SR 222 ................................ 43, 88, 105, 120, 160
Crisp County-Cordele Industrial Development Authority; membership, HR 597 ................... 1381, 1390, 1705, 1840, 1978
Crisp County, Homestead Exemption; 65 year olds, HR 573. .............................. 1823, 1827, 2215, 2233, 2924
DeKalb County; allow General Assembly to abolish justice courts, HR 617...................... 557, 564, 2479, 2496, 2925, 3352

INDEX

4011

Constitutional Amendments (Continued):
DeKalb County; homestead exemption, 65 year olds with certain income, HR 792 ................................ 2144, 2171
DeKalb County; homestead exemption, 62 year olds, certain income, HR 793 ................... 2144, 2171, 3092, 3105, 3467, 3862
DeKalb County; limit power to impose, collect ad valorem taxes, HR 789. ......................... 2921, 2953, 3092, 3105, 3465
DeKalb County; rights of landowners adjoining property rezoned, SR 91 .................................. No action in 1982
Doraville, City of, Homestead Exemption; not more than $50,000,
HR 716............................... 1625, 1630, 2014, 2125, 2936 Effingham County, Homestead Exemption; 65 year olds,
HR 743. .............................. 1909, 1914, 2215, 2233, 2942 Elected Officials; office declared vacant upon qualification
for other elective office, SR 14. ..................... No action in 1982 Emergency Medical Technicians; indemnification if killed in
line of duty, SR 10 ............................... No action in 1982 Fulton County Board of Commissioners; grants to cities for
recreational program, SR 38............................. 2762, 3920 Fulton County Building Authority; enter into certain contracts,
HR 718............................... 2760, 2771, 3091, 3105, 3446 Fulton County; prohibited from constructing and taxing for
libraries within corporate limits of cities, HR 158. .............................. 1085, 1110, 1631, 1710, 1975 Fulton County; provide cost-of-living increase for employees retired before January 1964, SR 247 ............................ 101 Fulton County; provisions for neighborhood subunits of government in unincorporated areas, HR 165 ......................... 3056, 3058 General Assembly; power to fill vacancy in office left unfilled by Governor after 90 days, SR241. ................. 87, 155, 208, 257, 288 General Assembly Sessions; extend to 60 days, limitations on introduction of bills, SR 220. ................................... 26 General Assembly; supplemental appropriations prohibited unless Governor declares emergency, SR 51 ................ No action in 1982 Glynn County; enacting ordinances for governing, policing county, HR 748 ........................ 1910, 1915, 2839, 2849, 3208 Griffin-Spalding County Education Board; membership, HR 826.......................... 2761, 2771, 2839, 2850, 3239, 3862 Habersham County; use by School District of sales tax, HR591........................... .433,439,1172, 1252,1364, 1911 Handicapped; General Assembly provide residential zoning, SR 55 ......................................... No action in 1982 Hapeville Development Authority; create,
SR 320 .......................... 1306, 1631, 1708, 1887, 3355, 3921 Hapeville Development Authority; create,
HR741. .............................. 1995,2010,3091,3105,3448 Haralson County Board of Education and School Superintendent;
election, SR 165 ................................. No action in 1982 Harris County; tax assessment at thirty percent of fair market
value, HR 819........................................ 2762, 2772 Henry County; certain capital improvements of manufacturing establishments,
ad valorem tax exempt, HR713 ........... 1237, 1243, 1829, 1928,2112 Henry County, Homestead Exemption; change certain provisions,
SR293 ........................... 849, 1075, 1176, 1295, 2045, 3921

4012

INDEX

Constitutional Amendments (Continued):
Henry County, Homestead Exemption; 65 year olds, disabled, less than $6,000 income, SR 294 ................ 850, 1075, 1176, 1297,
2045, 3920 Henry County, Homestead Exemption; 62 year olds, disabled, less
than $12,000 income, SR292. ......... 849, 1075, 1176, 1292,2045, 3921 Homestead; establish fair market value for tax purposes,
SR 261 ................................................... 246 Homestead Exemption; ad valorem tax, increase income
allowed, SR 319 ........................................... 1306 Homestead Exemption; automatic changes based on county tax digest,
provisions if ownership changes, SR 260......................... 245 Homestead Exemption; certain disabled veterans,
SR 103 ........................................ No action in 1982 Homestead Exemption; provide for automatic changes based
on tax digest, SR 232 ......................................... 56 Homestead; no increases in ad valorem tax after owner attains
65 years of age, SR 56. ............................ No action in 1982 Houston County; limit power to impose, levy ad valorem taxes,
HR 700.......................... 1084, 1110, 2479, 2497, 2932, 3353 Houston County, Sales Tax; impose for school system,
HR 699............................... 1071, 1074, 2479, 2496, 2930 Intangible Personal Property Tax; prohibit levy,
SR 11 ......................................... No action in 1982 Jefferson County; discounts for early payment of ad valorem
taxes, HR 657 ........................... 898, 904, 1075, 1177, 1301 Judges; vacancy in office filled by special election if one year or more
remains in term, SR273. ............. 300, 1310, 1397, 1655, 1845, 1850 Lowndes County, Business License Fee; Board of Commissioners
collect, HR670 .......................... 965, 969, 1172, 1252, 1372 Lowndes County; issue and sell street improvement bonds,
HR777. .............................. 1995, 2011, 2839, 2849, 3219 Lowndes County Justice of the Peace; jurisdiction of civil
cases, HR669 ........................... 965, 969, 1172, 1252, 1370 Macon Firemen and Policemen; increase pensions for retirees,
HR 303................................ 440,570,650, 866, 916, 917 Meriwether County Justice of the Peace; dollar amount of
civil cases, HR636 ....................... 847, 854, 1075, 1177, 1299 Millage Rate, Property Tax; increase by counties prohibited if
previous digest increased, SR 262 .............................. 246 Mitchell County; sales tax, one percent for schools,
HR758. ......................... 1995, 2011, 2839, 2849, 3215, 3352 Moultrie-Colquitt County Development Authority; amount of interest
on bonds issued, HR634 .............. 847, 854, 1705, 1840, 1981, 2090 Municipalities, Counties; procedures for consolidation, referendum
requirements, SR 343....................................... 1701 Newton County, Homestead Exemption; residents and certain elderly
and disabled, HR753. ......... 1910, 1915, 2839, 2849, 3212, 3333, 3483 Oil Well, First Commercial Established in State; increase
reward, SR259 ......................... 245, 442, 568, 649, 865, 893 Open Meetings; delete constitutional provisions allowing exceptions
by rule in General Assembly, SR 246............................ 100 Open Meetings; General Assembly sessions, hearings and committee
meetings open to public, SR 234 ................. 61, 157, 208, 257, 284

INDEX

4013

Constitutional Amendments (Continued):
Paulding County, Homestead Exemption; 65 year olds, SR 266 .............................. 246, 303, 370, 549, 2045, 3921
Pierce County School District Taxes; exemption for 62 year olds, HR639 ............................ 848, 854, 1829, 1928, 2110
Pine Lake, City of; homestead exemption, HR663. ............................... .965,969, 1631, 1711, 1900
Political Parties; power of taxation to assist in maintenance and development, SR 148 ......................... No action in 1982
Polk County, Justice of the Peace; civil jurisdiction, increase to $500, SR 267 ....................... 247, 303, 370, 552, 1237, 3921
Powder Springs Downtown Development Authority; modify governing provisions, SR 225 ...................... 43, 103, 116, 192, 1069, 3920
Prescription Drugs; sales tax exempt, SR 30 ......................................... No action in 1982
Probation Supervision Fees; proceeds to Penal Institutions Fund, SR 224 ............................................... 43
Property Tax, Tangible; allow one or more classes, SR49 .......................................... No action in 1982
Pulaski County Education Board; election of members from districts, HR 816 ....................... 2420, 2424, 2839, 2850, 3223
Rabun County Education Board; levy one percent sales tax, SR 309 .......................... 1166, 1309, 1397, 1687, 2763, 3921
Regents Board; election of members from congressional districts, SR 15 ......................................... No action in 1982
Richmond County; increase homestead exemption, SR 8 .......................................... No action in 1982
Richmond County, Sheriff's Employees; merit system of employment, HR 751 ................... 1910, 1915, 2839, 2849, 3210
Sales Tax; local option one percent for education, if imposed ad valorem tax limited, SR 316. ............................... 1240
Schley County Justice of the Peace; dollar amount of civil cases, HR698 ......................... 1070, 1074, 1172, 1253, 1376
Screven County, Ad Valorem Tax; certain capital improvements exempt, HR 746. ....................... 1909, 1914, 2215, 2234, 2943
Sovereign Immunity of State; clarify provisions, SR 340. ................ 1700, 1831, 1926, 2024, 2071, 3344, 3510, 3921
Spalding County; sales tax for construction of certain public facilities requirements on bonds issued, HR 823. .............................. 2421,2425,2839,2850,3236
State Debt and General Obligations; provisions on limitations, HR 706.......................... 1910, 1914, 2840, 2849, 3122, 3202
State Debt; prohibited if prior obligations exceed one-half of prior revenues, SR 102. ........................... No action in 1982
Taxpayers; procedure and authority for designating contribution to political parties, SR 283. .................... 560, 905, 974, 1081, 1099
Thomaston-Upson County Industrial Development Authority; types and kinds of projects may undertake, HR 705 .............. 1237, 1243,
1392, 1641, 1816 Tifton-Tift County; charter commission to study consolidation
of government, HR 540. ..................... 145, 154, 441, 570, 1058 Towns and Union Counties; sales and use tax,
SR 227 ........................... 55, 87, 105, 141, 2921, 3008, 3921 Towns County; conditions for imposing 1% sales tax for
education, SR 321 ................. 1306, 1391, 1635, 1812, 3857, 3921

4014

INDEX

Constitutional Amendments (Continued):
Union City; homestead exemption, 65 year olds, HR 672. .............................. 1995, 2010,3091,3104, 3442
University System; four-year terms for members of Board of Regents, SR 21 ................................ No action in 1982
Veto of Constitutional Amendment by Governor; authorized, certain circumstances, SR 48....................... No action in 1982
Voter Registration; felons, mental incompetents prohibited, SR 25 ......................................... No action in 1982
Walton County Board of Commissioners; collect business license fees, HR 787 .......................... 2044, 2068, 2479, 2497, 2949
Ware County Manager; create office, HR 563............................... 2144, 2170, 3091, 3104, 3437
Whitfield County, Homestead Exemption; increase to $10,000, HR 625............................... 1823, 1827, 2215, 2234, 2929
Whitfield County; limit increases in ad valorem taxes levied, HR626 ...... 2420, 2424, 3091, 3104, 3439, 3593, 3639, 3673, 3717, 3867
Whitfield County; merit system for employees, HR671............................... 1070, 1074, 1172, 1252, 1374
Constitutional Offices, Manner of Filling Vacancies; repeal 1981 resolution, HR 517 ................. 964, 969, 1310, 1399, 1723, 2240, 2469
Constitutional Revision, Select Committee; extend existence, HR514 ............................... Ill, 114,205,253,309,376,379
Construction, Building Permits; counties and cities retain record of applications, HB 1444. ............... 2057, 2069, 2838, 2842, 3123, 3299
Construction Contracts for Public Works; escrow accounts, HB 1048 ......................................... 94, 101,1920, 2018
Construction Industry Licensing Board; requirements, HB 137..................................................... 28, 33
Construction of Industrialized Buildings; certification, standards and inspection procedures, SB 602 ................. 200, 441, 567, 649, 865, 885, 3708, 3739, 3920
Consumer Reporting Agency; clarify exemption provisions for licensing, SB 487 ................................................ 42
Contempt of Court; change punishment, HB 1328 .............................. 635, 639, 1705, 1836, 1937, 1956
Contests, Promotional to Sell Realty or Personalty; lawful with certain requirements, SB 661 .................. 434, 1243, 1312, 1402, 1441,3855,3920
Contracts; attorney's fees in notes or instruments, SB 286 ............................................ No action in 1982
Contracts; attorney's fees, notice requirements in certain bankruptcy cases, SB 346 .................................. 3693, 3758
Contracts for Public Works; escrow accounts, HB 1048 ......................................... 94, 101, 1920, 2018
Contracts of Suretyship and Guaranty; abolish distinction, HB 108 ........................................... No action in 1982
Contracts, Public; performance bonds, SB 678 ................ 638, 1080, 1173, 1247, 1319, 1327, 3757, 3802, 3920
Contracts; regulation of manufacturers, dealers and distributors of farm equipment, SB 468 .............. 39, 114, 157, 210, 222, 637, 937, 3920
Contracts, State; provisions for waiver of sovereign immunity, HB 1715. .............. 1998, 2013, 2218, 2228, 2530, 2798, 3350

INDEX

4015

Contracts with Counties, State, Cities; change bond requirements for public contractors, SB 110 ............................ No Senate action in 1982
Contracts, Written Agreements; simplified and plain language required, SB 313. .................. 28, 31, 1308, 1402, 1416
Contributions to Charitable Organizations; provide for voluntary payroll deductions by State employees, SB 703 ......................... 1071, 1173, 1248, 1319, 1340, 3354, 3920
Contributions to Influence Official Action, Corporate; penalty, HB 99 ..................................... No action in 1982
Controlled Substances Act; amend relating to drug related objects used, penalties, forfeiture, SB 10 ............................................. No action in 1982
Controlled Substances Act; forfeiture of money and negotiable instruments under certain circumstances,
SB 322 ...................................... No Senate action in 1982 Controlled Substances; definitions, amend list of dangerous
drugs, HB 1435. ................. 1999, 2011, 2216, 2225, 2880, 2888, 3627, 3660, 3702, 3709, 3751, 3866
Controlled Substances; forfeitures, disposition of money and currency, SB 541 ............... 95, 1311, 1394, 1655, 1723, 1803, 1820
Controlled Substances; forfeitures, procedure and custody, SB 527 ........................................................ 84
Controlled Substances; money from sale of forfeitures used by county for law enforcement only, SB 642 ..................... 299, 442, 568, 649, 865, 891, 2835, 2893, 3920
Controlled Substances; notification requirements and disposition of forfeited property, SB 598 ...................... 152, 205, 250, 309, 343
Controlled Substances; penalties relating to possession and distribution of methaqualone, cocaine, heroin and marijuana, SB 479 ........................... 41, 88, 104, 120, 128, 2533, 2763, 3920
Controlled Substances; redefine counterfeit substance, unlawful to sell as narcotic, HB 1349 ..................... 847, 850, 971, 1078, 1268, 1285, 1920, 2127, 2165, 2755, 2791, 3205, 3206, 3545, 3865
Controlled Substances; use of communication facility in
commission of crime unlawful, HB 1283 ...... 432, 437, 971, 1077, 1268, 1281 Conveyances to Secure Debt; failure of mortgagee to disburse
escrow funds, procedures, SB 443 ...................... No action in 1982 Conviction, Certain Criminal Cases; procedures for setting
aside, SB 34 ........................................ No action in 1982 Cook County School Superintendent; election,
HB 1748 ................................. 1693,1702,2014,2125,2236 Cooperative Extension Service; urged to move office from
Athens to Ft. Valley State College, HR 426. ............... No action in 1982 Cordele-Crisp County Industrial Development Authority;
membership, HR597 ....................... 1381, 1390, 1705, 1840, 1978 Cordele Judicial Circuit; number of judges,
HB 1719 ............................ 1994, 2003, 2217, 2228,2530,2811 Coroners; change bond requirements,
SB 677................................... .637,1172, 1246, 1319, 1325 Coroners' Jurors; compensation,
HB 732. ......................... 29, 37, 205, 258, 295, 309, 376, 384, 847 Coroner's Jury Verdict; provisions for appeals,
SB 749 ................................... 1696,1830, 1923, 2024, 2077 Coroners Manual, Georgia; designate as official operating
manual, SR270 ..................... 300, 856, 909, 1082, 1129, 3089, 3921

4016

INDEX

Coroner's Training Council; create, SB 772 ............................................ 1912,2015, 2122
Corporate Contributions to Influence Official Action; penalty, HB 99 ..................................... No action in 1982
Corporate Officers; exemption from workers' compensation coverage, HB 1301 .......................... 199, 204, 304, 371, 464, 538
Corporate Officers; may elect to be exempt from workers' compensation coverage, SB 575 ...................................113
Corporate Takeovers; registration statements not for public inspection, HB 456 ......................... 29, 35, 857, 1268, 1278, 1383
Corporate Takeovers; takeover bids directed at joint-stock associations, HB454 ................ 29, 35, 857, 917, 954, 1082, 1130, 1382
Corporations; dissenting shareholders, rights, HB455. ......................... .29,35,857,917,953, 1082, 1141, 1382
Corporations; execution of instrument releasing a security agreement, signature provisions, HB 371 ............................ 29, 34, 2017, 2219, 3397, 3560, 3859
Corporations; fee for cost of filing articles of incorporation, HB 1706. ....................... 1694, 1702, 2017, 2018, 2125, 3122, 3273
Corporations; firm name registered as engineer must comply with certain requirements, SB 618 ..................... 241, 442, 567, 649, 865, 916,934
Corporations; voting of shares if held by subsidiary in fiduciary capacity, SB 591. 150, 248, 306, 377, 417, 930, 938, 1066
Correctional Industries Act; amend to prohibit compensation to inmates employed, SB 584. 149, 366, 445, 572, 624, 3855, 3920
Correctional Institutions; change earned-time allowances for inmates and habitual offenders, SB 486 ........................... 42
Correctional Institutions; change maximum amount of earned-time allowances, SB 508 ................................. 55, 90
Correctional Institutions; provisions on custody and costs of prisoners, HB 1337 ................. 1324, 1326, 1394, 1636, 1722, 1765, 2206, 2772, 3010, 3020, 3840, 3866
Correctional Institutions Study Committee; create to study possibility of State use for Atlanta Federal Penitentiary, SR242......................................... 87, 156, 209, 258,290
Correctional Officers; salary increase, SB 558 .......................... 99, 366, 444, 572, 600, 2892, 2897, 3920
Correctional Services Division; create within Labor Department for pretrial intervention programs, SB 714 ......................... 1238, 1706, 1834, 2024, 2075, 3354, 3920
Corrections Board; change provisions relating to earned time allowances for prisoners, SB 49 .................... No action in 1982
Corrections Board; change time for notification to Offender Rehabilitation Commissioner, time limit for retrial of certain prisoners, SB 50 .............................. No action in 1982
Corrections Board; prisoners, earned-time allowances accrue after sentence becomes final, SB 585 ................ 149, 366, 445, 572, 625
Cosmetologist; redefine in Code, HB 871 ....................................... 1853, 1881, 2239, 3357
Council for the Arts and Humanities; special affairs officers for certain groups, HB 572...................... No action in 1982
Council on Energy Research and Development; create within Office of Planning and Budget, HB 1390. ....... 1649, 1650, 1828, 1927, 2240, 2451,3349

INDEX

4017

Counties, Cities; consolidation, procedures, referendum requirements, SR 343 .......................................... 1701
Counties, Contracts; change bond requirements for public contractors, SB 110 ............................ No Senate action in 1982
Counties; money from sale of forfeitures under controlled substances used for law enforcement only, SB 642 ..................... 299, 442, 568, 649, 865, 891, 2835, 2893, 3920
Counties; new Code Chapter relating to home rule, SB 256 ............................................ No action in 1982
Counties; prohibited from increasing millage rate on property tax if previous digest increased, SR 262 ................................ 246
County and Municipal Hospital Authorities; extend powers for construction, contracts and loans, HB686. ....................... 298, 300, 905, 974, 1081, 1149, 1384, 1400
County and Municipal Insurance Premium Tax Study Committee; create, SR 366 ............................. 2002, 2841, 2842, 3122, 3259
County Education Board Members, School Superintendents; change certification procedures, HB 1641................... 2089, 2096, 2216, 2227, 3123, 3330, 3593, 3603
County Education Boards; authority to transport elderly and handicapped in school buses continued, SB 758 ......................... 1698, 1829, 1924, 2024, 2060, 3853, 3920
County Elections Boards; change population figures in Acts,
SB 741................................... 1627, 1705, 1835, 1937, 1959 County Equalization Boards; designation of alternate members,
SB 748 ............................................ 1696,1828, 1923 County Law Library; uses of funds paid to board of trustees'
treasurer, HB 1403 ................. 558, 563, 1705, 1837, 2126, 2133, 2837 County Registrars; compensation,
HB 1470 .............................. 964, 968, 1173, 1249, 1320, 1356 County Road Systems; authority to restrict vehicles from
using, SB 707................................................. 1165 County Tax Digest; change provisions relating to adjustment
and equalization, SB 613 ....................... 240, 905, 972, 1082, 1119 Court Attendance by Peace Officers; change amount paid,
HB 1358 .................................. 298, 301, 642, 860, 917, 944 Court Cases; admissible evidence, testimony of witness relating
to character of person, SB 119 .................... No Senate action in 1982
Court Continuances, Civil and Criminal Cases; granted if counsel must be in another court,
SB 522 .............................. 83, 155, 207, 257, 280, 3065, 3084, 3271,3328,3920
Court, Juvenile; jurisdiction over certain children over the age of 17, SR 727. .......................... 1385, 1705, 1834, 1937, 1953
Court; may order investigations in certain child custody cases, HB 94 .............................. 2017, 2219,2223,3398,3688,3859
Court of Appeals, Supreme Court; court reports, change provisions relating to printing and sale, HB 1783. ....................... 1999, 2013, 2217, 2229, 2531, 2881, 3044
Court Records; retention schedules and management programs, SB 7 ....................................................... 28, 30
Court Reporters; testing, certification and functions performed, HB 107................................................. 1324, 1326
Court Reports; change certain requirements relating to sale
by publisher, SB 766 ................................. 1699, 1831, 1925

4018

INDEX

Courts; compensation of jury commissioners, HB 1776 .............. 2059, 2071, 2219, 2229, 2530, 2826, 3094, 3398, 3674
Courts; elected officials ineligible to serve on grand juries, HB 823 ................................... 110, 113, 205, 252, 309, 350
Courts of Inquiry; probate judges may hold, SB 701 ................ 967, 1080, 1173, 1248, 1319, 1339, 2835, 2972, 3920
Courts of Limited Jurisdiction Compensation Act; establish salaries of judges, SB 763. .......................... 1698, 1831, 1925, 2024, 2087
Courts of Limited Jurisdiction; compensation of judges, HB 1847. ....................... 2089, 2095, 2840, 2846, 3398, 3675, 3860
Courts of Probate; powers and duties, HB 1724. ....................... 1999, 2013, 2840, 2845, 3123, 3322, 3861
Courts; provisions for taking children's fingerprints, criminal cases, HB 1285 . . 555, 561, 971, 1077, 1268, 1283, 1911, 1942, 2756, 2791, 3306, 3865
Courts Superior; change punishment for contempt, HB 1328 .............................. 635, 639, 1705, 1836, 1937, 1956
Courts, Superior; compensation of bailiffs and jurors subject to approval of governing authority, SB 738 ................................... 1626
Coverdell, Senator Paul; excused Jan. 11 andMarchS. ........................................ 78, 1660
Covington, City of; cable television sale conveyance approved by voters, HB 1471........................... 432, 439, 1391, 1637, 1712
Covington, City of; homestead exemption, limit, HR 594 .................................... 557, 564, 1392, 1640, 1814
Coweta County; State Court, salary of judge, HB 1273 ...................................... 146, 154, 303,371, 452
Crawford County High School Basketball Team; commend, SR 382 ...................................................... 2892
Credit Reporting Agency; clarify exemption from licensure, SB 487 ........................................................ 42
Credit Unions; interest rate charges allowed, HB 1533. ....................... 1161, 1167, 1308, 1399, 1654, 1680, 1912
Crime Information Center; arrest records purged if no conviction, certain cases, SB 612 ......................... 202, 1830, 1921
Crime Prevention; urge education boards to include courses on lawbreaking and consequences, SR295..................................... 850,970, 1077, 1178, 1186
Crimes against the Person; establish crime of feticide, SB 526 ........................................................ 84
Crimes; aggravated assault, change penalty, HB1253..................................................221,236
Crimes and Offenses; provide for sentence of life imprisonment without parole, SB 470 ....................... 39, 88, 104, 120, 121, 2532, 2792, 3920
Crimes Involving Controlled Substances; use of surveillance devices, HB 1175. .................. Ill, 114, 1310, 1397, 1655, 1723, 1804
Crimes Relating to Controlled Substances; use of communication facility in crime unlawful, -HB 1283 ............................... 432, 437, 971, 1077, 1268, 1281
Criminal Appeals; provisions for filing brief relating to defendant's indigency, HB 1814. ......... 2058, 2070, 2840, 2845, 3123, 3327
Criminal Bonds; fees of sureties limited to ten percent, SB 482 ............................. 42, 88, 104, 120, 132, 636, 823, 3920
Criminal Cases; procedures for setting aside a conviction, SB 34 ............................................. No action in 1982

INDEX

4019

Criminal Cases; provisions relating to absence of defendant, SB 6..................................... No action in 1982
Criminal Cases; time requirements on appeals if based on instructions to jury, SB 589. .............. 150, 1245, 1312, 1654, 1722, 1723
Criminal, Civil Cases; court postponement granted if counsel must be in another court, SB 522 ................ 83, 155, 207, 257, 280, 3065, 3084, 3271, 3328, 3920
Criminal Code; crime of sexual assault, new Code section, SB 320 ...................................... No Senate action in 1982
Criminal Code; eliminate death penalty sentence, SB 445 ............................................ No action in 1982
Criminal Code; increase maximum punishment for aggravated assault, SB 227 .............................. 318, 558, 1102, 1164, 3920
Criminal Code; penalty provisions on certain crimes of theft, HB 73 ................................... 1394, 1635, 1723, 1805, 3857
Criminal Code; possession of precious metals melting equipment prohibited, SB 96.............................. No Senate action in 1982
Criminal Code; provide for sentence of life imprisonment without parole, SR 222............................. 43, 88, 105, 120, 160
Criminal Code; racketeering and securities violations included under RICO Act, HB 813. ............ ..30,37,2017,2482,3122,3147,3858
Criminal Code; redefine armed robbery, penalty provisions, SB 408 ..................................................... 28, 31
Criminal Code; unlawful to dispose of property securing bail bond, sheriff file certain notices, SB 317................. No Senate action in 1982
Criminal Damage to Property, Trespass; change damage limitations, SB 306. ............................ No Senate action in 1982
Criminal Defendants; alternative sentences of public work, HB 1326................................................ 2088, 2095
Criminal Feticide; prohibit, HB 1224. ....................... 1853, 1882, 2841, 2843, 3121, 3142, 3350
Criminal Justice Coordinating Council; urged to research cause of violent crime, SR 318 ................ 1306, 1706, 1836, 2240, 2456
Criminal Offenders; restitution to victims, bonding provisions, SB 461......................................... 25, 248, 305, 376, 395
Criminal Procedure; appeal bond denied for previously convicted felons, SB 588. ..................... 150, 1245, 1312, 1654, 1682
Criminal Procedure; bail prohibited if accused has prior conviction, certain sexual offenses, SB 573. .......................... 112
Criminal Procedure; bail prohibited under certain circumstances, HB 723. .......................... 221, 236, 1311, 1397, 3121, 3127, 3351
Criminal Procedure; bail provisions, cases on appeal, SB 702 ....................................................... 967
Criminal Procedure; bail provisions, courts of jurisdiction,
SB 481. .........................................41,88,104,120, 131 Criminal Procedure; courts of inquiry, probate judges may hold,
SB 701 ................ 967, 1080, 1173, 1248, 1319, 1339, 2835, 2972, 3920 Criminal Procedure; death penalty cases, notification
to Attorney General and attorney of record required, SB 672........................................ 559, 642, 859, 917, 952 Criminal Procedure; death sentence carried out in county where defendant convicted, provide for mobile death chamber, SB 566. .........Ill, 366, 444,
572, 612, 634, 650, 866, 916, 933 Criminal Procedure; demand for trial by accused, written notice
to prosecuting attorney, SB 121................... No Senate action in 1982

4020

INDEX

Criminal Procedure; disposition of seized property, return to rightful owner, HB 1240. ................. 557, 560, 1245, 1313, 1402, 1440
Criminal Procedure; disposition of weapons or motor vehicle used in commission of crime, SB 434 .................... No action in 1982
Criminal Procedure; exclusion of oral testimony if documents not supplied to defense, pretrial proceedings, SB580........................................ 148, 205, 250, 309, 333
Criminal Procedure; forfeiture of bonds, prohibited in cases awaiting trial after three years, SB 644 .................. 299, 857, 908, 1722, 1727, 3853, 3920
Criminal Procedure; judge may direct convicted felon to serve sentence in county institution,
SB 521......................................... 83, 115, 157,210,237 Criminal Procedure; judge prohibited from suspending
sentence, certain sex crime convictions, SB 574.................................... 113, 1706, 1834,2024,2079 Criminal Procedure; mistrials in sentencing phase, death penalty cases, HB 1167 ................... 315, 325, 865, 1632, 1708,
1937, 1961,2209 Criminal Procedure; pretrial status of persons charged with
offenses, new Code chapter, SB 402 ..................... No action in 1982 Criminal Procedure; procedures for appearance bonds forfeiture,
HB 1636. ....................... 1998, 2012, 2840, 2844, 3123, 3321, 3861 Criminal Procedure; prohibit minors from witnessing
executions, SB 162. ............................ No Senate action in 1982 Criminal Procedure; provide for verdict of guilty but
mentally ill, SB 571.......................... 112, 365, 444, 572, 649, 827 Criminal Procedure; provide for verdict of guilty but mentally
ill, HB 1290 ..................... 1030, 1031, 2840, 2844, 3122, 3170, 3347 Criminal Procedure; provisions relating to disposition
of property seized, SB 572 ........................ 112, 205, 250, 308, 326 Criminal Procedure; public defender authorized to practice law,
certain circumstances, HB 1729 .......... 2058, 2070, 2840, 2845, 3122, 3263 Criminal Procedure; repeat offenders, punishment, earned-time
allowances for inmates and habitual offenders, SB 486 .................. 42 Criminal Procedure; sentence phase of death penalty cases,
provisions for mistrials, SB 587 ..................... 149, 1706, 1834, 1937 Criminal Procedure; sentence review, exemptions,
SB 538 ............................ 95, 205, 249, 308, 323, 636, 803, 3920 Criminal Procedure; youthful offenders,
punishment provisions, SB 473..................................... 40 Crisp County-Cordele Industrial Development Authority;
membership, HR 597 ....................... 1381, 1390, 1705, 1840, 1978 Crisp County, Homestead Exemption; 65 year olds,
HR 573 .................................. 1823, 1827,2215,2233,2924 Crisp County Small Claims Court; cost of service,
HB 1775 ................................. 1821,1826,2121,2221,2508 Cummings, J. B.; compensate,
' HR 518 .................................. 1695,1703,2837,2842,3255 Custody Cases, Children; court may order investigations,
HB 94 .............................. 2017, 2219, 2223, 3398, 3688, 3859 Cutting Horse Association, Atlantic Coast; commend,
SR 245 ........................................................ 90 Cyclorama Restoration Committee, Inc.; commend,
SR 413 ................................................. 3396,3867

INDEX

4021

D

Dacula, City of; qualifications of mayor, council members, HB 1402. ............................. 355, 364, 641, 860, 912
Bade County Commissioner; compensation, HB 1855 ................................. 1992,2008,2478,2491,2866
Bade County Commissioner; sale of surplus county property, HB 1810 ......................... 1989, 2005, 2477, 2490, 2863
Bade County Probate Judge's Beputies, Clerks; compensation, HB 1806............... 1988, 2005, 2477, 2489, 2862
Bade County Superior Court Clerk's Beputies; compensation, HB 1807 ..................... 1988, 2005, 2477, 2489, 2862
Bade County Tax Commissioner; compensation of personnel, HB 1808 ................................. 1989, 2005, 2477, 2489, 2862
Bade, Walker, Catoosa Counties Hospital Authority; filling vacancies on board, HB 1805 ................................. 1988, 2004,2477,2489,2861
Bahlonega, City of; new charter, SB 698.............................. .901,1075,1175,1255,3087,3920
Bairy Products Belivery Cases; urge prevention of losses and theft, SR 286 ............................. 638, 904, 974, 1082, 1110
Balton, City of; employees' pension, consolidate mayor and council, HB 1357 .......................... 2760, 2770, 3090, 3096, 3359
Bam Safety Act; amend relating to spillways, SB 568 ....................................................... 111
Bam Safety Act; change provisions and definitions, HB 1270. ......................... 358, 362, 2121, 2220, 2530, 2813, 3351
Bamage to Property, Criminal; change limitations, SB 306 ...................................... No Senate action in 1982
Bames Ferry Bridge; designating, SR 18 ............................................. No action in 1982
Bavis, Br. Henry Gordon, Jr.; commend, SR 417 ...................................................... 3839
Bavis, Ovid; commend, SR 272 ................................... 308, 558 Bawson County; clerks of superior and probate courts,
salary, HB 1596 ............................. 897, 903, 1075, 1177, 1257 Bay-Care Centers, Homes; redefine,
HB 638 ............................. 1393, 1635, 1722, 1757, 1998, 2045 Bay-Care Centers; licensing and regulations,
SB 615 ....................................................... 241 Beath and Birth Registration; new Code Chapter on Vital Records,
HB 780 ............................. 1725, 1726, 1919, 2018, 2127, 2160 Beath Penalty; carried out in county where defendant convicted,
provide for mobile death chamber, SB 566 .................... 111,366,444, 572, 612,634,650, 866, 916, 933 Beath Penalty Cases; mistrials in sentencing phase, HB 1167. ..................... 315, 325, 865, 1632, 1708, 1937, 1961, 2209 Beath Penalty Cases; notification to Attorney General and attorney of record required, SB 672........................................ 559,642, 859, 917, 952 Beath Penalty Cases; sentence phase, provisions for mistrial, SB 587......................................... 149, 1706, 1834, 1937 Beath Penalty, Legislation Relative to; urge Congress pass, SR 240. ........................................ 78, 156, 208, 257, 287

4022

INDEX

Death Penalty Sentence, Criminal Cases; eliminate, SB 445 ............................................ No action in 1982
Death Penalty; urge Congress to pass certain legislation, SR 255.................................... 202, 366, 446, 573, 648, 809
Death Penalty; urge Governor to deny requests for suspension, courts to expedite deliberations, SR52 .......................... .28, 31, 156,211,257,259,309,376,380
Debt Collection; educational authorities included as claimant agency on income tax refunds, SB 543......................................... 96, 302, 368, 464, 516
Debt Incurred by State; prohibited if prior obligations exceed one-half of prior revenues, SR 102 ...................... No action in 1982
Debt, State; provisions on limitations,
HR 706 ............................. 1910, 1914, 2840, 2849,3122,3202 Debtor and Creditor; change certain garnishment procedures,
SB 539..................................... 95,1633,1707, 1845, 1854 Decatur, City of; change corporate limits,
HB 1440 ................................... 431, 438, 1075, 1176, 1257 Decatur County Probate Court Judge, fees,
HB 1246 ....................................... 94, 102, 204, 253, 307 Decatur County; Small Claims Court, amount of certain
fees, HB 1271 .................................. 146, 153, 303, 371, 452 Decatur High Basketball Team; commend,
SR 426 ...................................................... 3839 Deeds on Property; to husband and wife construed as estate
by the entirety, SB 695 .......................................... 901 DeKalb Community College; advisory referendum relating to
possible transfer to University System rather than County unit, SB 757. .............. 1697, 2120, 2220, 2501, 3402, 3474, 3920 DeKalb County; ad valorem tax limitations for financing government services, HB 1497. ........... .554,564,2838,2844,3112,3351 DeKalb County; allow General Assembly to abolish justice courts, HR617 ............................... 557, 564, 2479, 2496,2925,3352 DeKalb County Board of Commissioners; change provisions on districts, SB 737 .................... 1626, 2120, 2219, 2498, 3852, 3920 DeKalb County; change provisions on school board districts, SB 729 .............................. 1386, 2120, 2219, 2498, 3852, 3920 DeKalb County Commissioners; redefine certain districts, HB 1250 .................................. 145, 153, 441, 569, 645, 966 DeKalb County; conveyance of certain state-owned property, HR 710 ............................. 2000, 2013, 2840, 2843,3122,3207 DeKalb County; homestead exemption, 65 year olds, certain income, HR 792 .................................... 2144, 2171 DeKalb County; homestead exemption, 62 year olds, certain income, HR 793 ............................. 2144, 2171, 3092, 3105,3467,3862 DeKalb County; limit power to impose, collect ad valorem taxes, HR 789 .................................. 2921,2953, 3092,3105,3465 DeKalb County Probate Court Judge; nonpartisan nomination, election, HB 1597 ............................ 963, 968, 1631, 1710, 1842 DeKalb County Recording Court Deputy Clerks; not required to be citizen, taxpayer, HB 1870 ................................. 1993, 2009, 2838, 2846, 3107 DeKalb County; rezoning decisions, rights of landowners, SB 349 ............................................ No action in 1982

INDEX

4023

DeKalb County; rights of landowners adjoining property rezoned, SR 91............................................. No action in 1982
DeKalb County State Court; agency to provide legal service to low-income, HB 1555 ....................... 1623, 1628, 2838, 2844, 3106
DeKalb County State Court; terms, HB 1899 ................................. 2042, 2068,3092,3100,3365
DeKalb County State Court; transfer of
dispossessory, garnishment cases, HB 1245 ....................................... 94,102,441,569,645 DeKalb County Tax Commission; change provisions on school tax collection,
HB 1773 ................................. 1853,1882, 2838,2845,3107 DeKalb Judicial Circuit; name changed from
Stone Mountain Circuit, HB 1617 ............................ 1951, 1956 Densmore, Miss Daphne; commend,
SR 383 ...................................................... 2533 Dent, Representative Richard A.; honor,
SR 421 ...................................................... 3615 Dental Program, Medicaid; urge funds to relieve
constraints, SR 407 ............................................ 3395 Dentistry Board; change termination date, certain licensing
requirements, HB 1251. .................... 298, 301, 905, 975, 1081, 1089 Depositions, Filing with Court; exceptions,
HB 1352 ............................... 433, 439, 970, 1078, 1179, 1209 Depositories Holding Unclaimed Property; time requirements
before auction, HB 902. ..................... 2213, 2224, 3122, 3293, 3859 Development Authorities Law; amend relating to
powers and tax exemptions, SB 247 ...................................... No Senate action in 1982 Development Authorities; provisions on directors and ethics, HB 1308....................... 2089, 2096, 2217, 2224, 3123, 3333 Development Authority Act; per diem paid to members, SB 140 ............................................ No action in 1982 Development Authority Law; change definitions and provisions relating to director and bonds, HB 1249. ......................... 635, 639, 1310, 1398, 1655, 1722, 1763 Dickey, Grady Lee; name youth development center in honor, SR 19 ............................... No Senate action in 1982 Dickey, Judge Grady Lee and Judge B. B. Heery; regional youth development center named in honor, HR 545 ................ 636, 640, 1171, 2840, 2849,
3123,3334,3862 Dickey, William; compensate,
HR27................................................ 103,116, 188 Discrimination in Employment Due to Age; change upper age limit in
Act, SB 98 ......................................... No action in 1982 Discrimination; redefine under Fair Employment Practices Act,
SB 422 ...................................... No Senate action in 1982 Dismissal for Failure to Prosecute, Civil Practice; change the effect
of action, HB 883 ..................... 1084, 1109, 1631, 1708, 1845, 1879 Dispossessory Proceedings; change certain provisions on where affidavits
may be made, SB 744 ................................. 1695, 1830, 1923 Dispossessory Proceedings; notice to defendant before writ,
SB 490 ........................................................ 43 Dispossessory Warrants; change time limit for certain proceedings,
HB 1558. ....................... 2059, 2070, 3093, 3097, 3397, 3585, 3859

4024

INDEX

District Attorneys, Assistant; compensation for prior employment, HB 1344.................................................. 875,887
District Attorneys' Retirement Fund; audits, SB 175 ............................................ No action in 1982
District Attorneys' Retirement Fund; definition, SB 178 ............................................ No action in 1982
Divorce; all issues adjudicated before final decree, HB 1469................................................ 2000, 2012
Divorce; jurisdiction over certain nonresidents, HB 530 ............................ 29, 36, 2017, 2482, 3123, 3296, 3857
Doctors of the Day: Almond, Dr. Joe .............................................. 1957 Anderson, Dr. Gail............................................. 921 Anderson, Dr. Larry........................................... 1679 Atha, Dr. John ................................................ 108 Boddy, Dr.Evan.............................................. 1350 Bohler, Dr. Emory ............................................. 833 Dallas, Dr. R. E. ............................................... 198 Daniel, Dr. Joe W. ............................................. 198 Darden, Dr. John ............................................. 1744 Dennis, Dr. Donald ........................................... 1854 Douglas, Dr. Tom............................................. 1276 Duane, Dr. Larry ............................................... 91 Frost, Dr. Herbert. ............................................. 315 Gamwell, Dr. J. W........................................ 1648, 2830 Giesler, Dr. Jay ................................................119 Gould, Dr. Mark............................................... 198 Grant, Dr. J. Ray. .............................................. 209 Green, Dr. George .............................................. 44 Hall, Dr. Arthur .............................................. 1090 Harper, Dr. Byron ............................................. 198 Hutchinson, Dr. J. R. B. .................................... 198, 1416 Johnson, Dr. C. Denton ......................................... 198 Kaufmann, Dr. James............................................ 26 Kias, Dr. Tom ................................................. 333 Menendez, Dr. Jack ............................................ 195 Metts, Dr. James C. ............................................. 81 Miller, Dr. Cecil ............................................... 315 Morrison, Dr. Joseph .......................................... 2046 Pennington, Dr. Weems......................................... 874 Rankin, Dr.Fred. ............................................. 2126 Sanders, Dr. Beverly ........................................... 571 Seacrest, Dr. Don .............................................. 198 Simpson, Dr. Michael. .......................................... 198 Souma, Dr. John .............................................. 2894 Sparti, Dr. John. ............................................... 198 Summers, Dr. Roland........................................... 195 Thompson, Dr. Robert F. ....................................... 3660 Todino, Dr. Joel D. ............................................ 1066
Dodge County Officers and Officials; compensation, HB1931 ................................ .2420,2424,2839,2848,3111
Dogfighting; activities relating to unlawful, HB 1280 .............................. 120, 141, 366, 447, 573, 649, 866
Dogfighting, unlawful to allow for sport or gaming, SB 463 ................................ 25, 155, 206, 257, 267, 820, 3920

INDEX

4025

Domestic Relations; all issues adjudicated before final divorce decree granted, HB 1469......................................... 2000, 2012
Domestic Relations; court order for family violence prevention may require psychiatric treatment of parties involved, HB 993 ............................. 2059, 2071, 2839, 2843, 3122, 3262
Domestic Relations; foreign governments included under Uniform Reciprocal Enforcement of Support Act, SB 483 ................. 42, 115, 157, 210, 234
Domestic Relations; legal surname used after marriage, HB 1281 ........... 356, 362, 1173, 1249, 1320, 1347, 1378, 1654, 1674, 1911
Domicile of Married Persons; redefine, HB 307. ................... 298, 300, 857, 909, 981, 1046, 1067, 1082, 1144
Donalsonville, City of; recorder's court, change fine imposed, SB 469................................... .39, 87, 103, 116, 1164,3920
Dooly County Small Claims Court; change jurisdictions, SB 700 .......................... 966, 1172, 1248, 1314, 2476, 2765, 3920
Doraville, City of, Homestead Exemption; not more than $50,000, HR 716 .................................. 1625,1630,2014, 2125, 2936
Dougherty County Board of Commissioners; change commission districts, HB 1571............................... 825, 841, 855, 911, 978
Dougherty County Board of Commissioners; change districts, HB 1738 ...................................... 1905, 1915, 3090, 3099
Dougherty County; optional procedure for quarterly billing for ad valorem tax, HB 1903 ....................... 2043, 2068, 2839, 2847, 3109
Dougherty County State Court Judge; compensation, HB 1478 ...................................... 554, 563, 855, 910, 977
Douglas County Board of Education; election districts, HB 1943 ................................. 2757,2767,3091,3101,3366
Douglas County Magistrate's Court; create, HB 1944 ............................ 2757,2767, 3091,3101,3385,3857
Douglass High School Football Team; commend, SR 231 ....................................................... 107
Douglasville-Douglas County Water Authority; change name, HB 977 ........................................... No action in 1982
Downtown LaGrange Development Authority; change district limits, HB 1404 ...................................... 355, 364,565,643, 862
Driver Improvement Clinic Study Committee; create, SR17 ............................................. No action in 1982
Driver's License Applicants; receive pamphlets relating to driving under the influence of alcohol, SR238. ...................... 73,206,251, 309, 349
Driver's License; deduction of assessed point, certain cases, SB 599..................... 200, 442, 566, 649, 865, 880, 1310, 1402, 1453, 3708, 3735, 3920
Driver's License; deposited as bail for traffic violation, change provisions, HB 717 ................... 29, 37, 2017, 2219, 3397, 3666, 3859
Driver's License; mandatory suspension in nolo contendere to certain charges, SB 647 ................................................ 359
Driver's License; suspension and penalty provisions, driving under influence of alcohol or drugs, SB 559......................... 99, 367, 444, 572, 603
Driver's License Suspension and Revocation Study Committee; create, SR 378. ....................................... 2476, 3094, 3397, 3693
Driver's License; suspension provisions for operators 16 and 17 years with conditional license, punishment for habitual violators, SB 519 .......................... 83, 367, 443, 572, 594, 3604, 3647, 3920

4026

INDEX

Driver's License; suspension provisions relating to bad checks, SB 433 ............................................ No action in 1982
Driver's License Suspension; requirements if person charged with homicide by vehicle, SB 506. ..... .55,641,858,916,932,2421,2443,2755,2787,3272, 3569, 3867, 3920
Driver's Operating Record; abstract to insurance company limited to current two years, HB 981.................................. 2058, 2069
Driving Under the Influence of Alcohol; State Patrol authorized to set up roadblocks for checks, SR 239 ................... 73, 367, 446, 573, 648, 866,917,936
Drug Abuse by Minors; teachers, immunity from liability, HB 1508. ....................... 2057, 2069, 2840, 2844, 3123, 3326, 3861
Drug Abuse Treatment and Education Act; amend relating to licensing and confidentiality of records, SB 767 ................................. 1824
Drug Dependent Person, Hospitalization; examination, reports, complaint procedures, SB 390 .................................. No action in 1982
Drugs and Narcotics Agency; director and agents appointed by Pharmacy Board, HB 1261. ....... 1216, 1393, 1636, 1722, 1793, 2755, 3127, 3271, 3334, 3709,3865
Drugs, Dangerous; definitions, change list of controlled substances, HB 1435. ........ 1999, 2011, 2216, 2225, 2880, 2888, 3627, 3660, 3702, 3709, 3751, 3866
Drugs, Dangerous; forfeiture of money and negotiable instruments in certain circumstances, SB 322.................... No Senate action in 1982
Drugs, Dangerous; notification requirements and disposition of forfeited
property, SB 598. ............................... 152, 205, 250, 309, 343 Drugs, Dangerous; penalties relating to methaqualone and possession of
cocaine, heroin and marijuana, SB 479 ........... 41, 88, 104, 120, 128, 2533, 2763, 3920
Drugs, Dangerous; unlawful to sell or represent counterfeit substance as narcotic, HB 1349. ........... 847, 850, 971, 1078, 1268, 1285, 1920, 2127, 2165, 2755, 2791, 3205, 3206, 3545, 3865
Drugs; penalty and forfeiture provisions for unlawful use of drug related objects, SB 10 ................................ No action in 1982
Drugs, Prescription; exempt from sales tax, SR 30 ............................................. No action in 1982
Dublin Judicial Circuit; grand jury, provisions for convening, HB 1197 ....................................... 93,102, 855, 909, 976
Duplication of Services and Efficiency and Economy in Government, Committee to Study; create, SR 280 ............... 436, 906, 973, 1082, 1128
Dyar, Mrs. Rossie W.; congratulate on one hundredth birthday, SR 367 ...................................................... 2237

E
Early County Commissioners; compensation, SB 628 .................................. 243,303, 369, 448, 1069, 3920
Earned-Time Allowances, Prisoners, accrue after sentence becomes final, SB 585........................................ 149,366,445, 572, 625
Earned-Time Allowances, Prisoners; change provisions, SB 49 ............................................. No action in 1982
East Point Industrial Development Authority; membership, HB 1971 ................................. 2921, 2953, 3092, 3104, 3373

INDEX

4027

East Point; Mayor and Council, election, HB 1266 ................................. 1378, 1387, 1704, 1836, 1929
Echols County Clerk's Compensation; change population provisions, HB1863 ................................. 2039, 2062, 2478, 2492, 2868
Economic Rehabilitation Act; amend to clarify purpose, change administration of community service programs, SB 622. ................ 242, 856, 908, 980, 1033, 1269, 1288, 3088, 3920
Education, Adequate Program (APEG); additional requirements for funding food services, school lunch program, HB782. ................. 1853, 1881, 2014, 2122, 2240, 2442
Education, Adequate Program (APEG); age for beginning school, eligibility of children who move into State, SB 641............................... 299
Education, Adequate Program (APEG); certification of teachers, SB 414 ............................................ No action in 1982
Education, Adequate Program (APEG); conditions for lifetime certification of teachers, HB 1433 .................. 1435, 1449, 2216, 2225, 2880, 3010, 3204, 3264
Education, Adequate Program (APEG); delay reducing special education instructional units, HB 438 ..................................... 29, 35
Education, Adequate Program (APEG); delete provisions relating to computing certain mileage for school buses, SB 63. ............ No Senate action in 1982
Education, Adequate Program (APEG); duty-free lunch period for teachers, SB 308 ............................................ No action in 1982
Education, Adequate Program (APEG); local units, funds for construction, SB 253 ............................................ 2476,2587, 3920
Education, Adequate Program (APEG); provide for development of health education curriculum, HB 92 .......................... No action in 1982
Education, Adequate Program (APEG); school facilities constructed with local funds exempt from State minimum standards, HB 989 ........................................... No action in 1982
Education, Adequate Program (APEG); State Board limited in setting rules or standards for programs not fully funded, HB 387 ........................................... No action in 1982
Education; authority of county boards to sell or acquire property for vocational education, SB 679 ..................................... 638
Education Board; joint meetings with Board of Regents, SB 394 ............................................ No action in 1982
Education Board Members, School Superintendents, Counties; change procedures for certification, HB 1641 ........................ 2089, 2096, 2216, 2227, 3123, 3330, 3593, 3603
Education Boards, Local; urged to authorize period for meditation and allegiance to flag, HR 602 ................................. 297, 302
Education Boards; urged to include courses on lawbreaking and its
consequences, SR295 ........................ 850, 970, 1077, 1178, 1186 Education; certain authorizations in Postsecondary Act applicable
to colleges outside State, HB 358................................. 29, 34 Education Department; commend for establishing cardiopulmonary
resuscitation programs for students, SR 308 ......................... 1072, 1392, 1634, 1723, 2241, 2530, 2538 Education Department; utilize teacher aides to reduce student-teacher ratio in grades one through four, SR 325............................ 1628 Education, Incentive Grants to Students; include accredited proprietary schools, SB 697 ................................................ 901 Education; provide for voluntary mediation in public schools, SB 704 ...................................................... 1072

4028

INDEX

Education; teachers and principals, definitions, contract provisions, HB 1436. ....................... 1952, 1955, 2216, 2226, 2880, 2954, 3348
Educational Improvement Council, Georgia; change name to Legislative Educational Research Council, SB 660..................... 434, 969, 1076, 1179, 1211, 2834, 2894, 3920
Educational Loans; students in long-term health care nursing programs eligible, SB 75 ...................................... No action in 1982
Effingham County, Homestead Exemption; 65 year olds, HR 743 .................................. 1909, 1914, 2215, 2233, 2942
Effingham County State Court Judge and Solicitor; salary, HB 1524 ...................................... 635, 640,855, 911, 978
Elbert County Small Claims Court; change jurisdictional amount, HB1889 ................................. 2044, 2067, 2478, 2494, 2874
Elderly, Handicapped; education boards' authority to transport in school
buses continued, SB 758 .................... 1698, 1829, 1924, 2024, 2060, 3853,3920
Elderly, Handicapped Persons; Human Resources Department develop plan for transportation, SB 399............................. No action in 1982
Elderly, Handicapped Persons, Transportation of; definition as motor carrier, HB 1385 ...................... 1649, 1650, 1832, 1927, 2240, 2458
Elderly; provisions for community care plan, new Code Chapter, SB 581 ......................... 148, 365, 444, 572, 613, 2211, 2428, 3920
Elderly, Residential Care Facilities; exemption from certificate of need requirements, SB 415 .......................... No action in 1982
Elected Officials; change filing procedures for campaign reports, SB 236 ............................................ No action in 1982
Elected Officials; office declared vacant upon qualification for other elective office, SR 14 ............................ No action in 1982
Election Code; change provisions relating to qualification fees, HB364. ................... 2059, 2071, 2480, 2483, 2880, 2884, 3284, 3325
Election Code; county election boards, deputy registrars, counting votes and printing ballots, SB 689 ................... 900, 1173, 1247, 1319 1334, 2834, 2900, 3920
Election Code; poll officers, compensation in counties over 200,000 population, HB 1532. .................... 635, 639, 1173, 1250, 1320, 1359
Election Code; polling places, display flag, SB 429 ..................................................... 28, 31
Election Code; provide for restoration of rights of person convicted of crimes, filing of disqualification lists of voters, SB 94 ..... No action in 1982
Election Code; requirements relating to precincts, grants to cities
and counties to comply, HB 1900 ............. 2089, 2095, 2480, 2485, 2880, 3015, 3352
Election Code; residency requirements, spouse's residence not required to be same, HB 56 .......................... 433, 436, 856, 909, 980, 1031
Election Code; unlawful campaign practices, relating to voter registrars and superintendents, SB 92...................... No Senate action in 1982
Election Code; voter registrars, compensation, HB 1470 .............................. 964, 968, 1173, 1249, 1320, 1356
Election Code; voter registration, designated locations, HB 1410 .............................. 875, 887, 1173, 1249, 1320, 1354
Election Superintendents; furnish copies of certified records to public, HB 1302 ........................... 433, 437, 856, 910, 981, 1057
Elections Boards, Counties; change population figures in Acts, SB 741................................... 1627, 1705, 1835, 1937, 1959

INDEX

4029

Elections; felons, mental incompetents prohibited from voting or holding public office, SR 25 ........................... No action in 1982
Elections for Recall of Public Officials; change certain requirements, SB639 ...................... 298, 970, 1076, 1179, 1202, 3066, 3265, 3920
Elections, Municipal; change certain provisions, SB 685 ..................... 849, 1173, 1247, 1319, 1333,2834,2907, 3920
Elections or Registration Boards, Certain Counties; change population
figures, HB 1825 ...................... 1993, 2004, 2480, 2485, 2881, 3041 Electric Companies; repeal venue provision relating to suits by
employees, SB 184 .................................. No action in 1982 Electrical Contractors; licensing provisions, HB 137 .................... 28, 33 Emanuel County Board of Education; election of members,
HB 1959 ................................. 2759,2769, 3091,3102,3369 Emanuel County Development Authority; limit on interest paid,
HB 1851 ................................. 1992,2008, 2215,2232,2515 Emanuel County Superior Court Clerk; annual salary,
HB 1949 ................................. 2758, 2768, 3091, 3102, 3367 Emergency Medical Technicians; authorized to use flashing lights
on vehicles, certain cases, SB 25........................ No action in 1982 Emergency Medical Technicians; indemnification if killed in line
of duty, SR 10 ...................................... No action in 1982 Emergency Medical Technicians Killed in Duty; indemnification program,
SB 24 ............................................. No action in 1982 Emergency Receiving Facilities, Health; use of restraints and physicians'
examinations, HB 1274. .................. 897, 902, 1919, 2019, 2240, 2466 Emergency Service at Scene of Accident; relief from liability,
HB 190 ........................................... No action in 1982 Emerson, City of, Aldermen; filling vacancies,
HB 1867 ................................. 2039, 2063, 2478, 2492, 2869 Emerson, City of, Mayor and Aldermen; change terms of office,
HB 1868 ................................. 2039, 2063, 2478, 2492, 2869 Employees' Retirement System; Agrirama employees become members,
SB 195 ............................................ No action in 1982 Employees' Retirement System; benefits, GBI and Public Safety Department
personnel, HB290. ............................................ 1311 Employees' Retirement System; change provisions on mandatory retirement
age, HB 76. .............................. 28, 32, 2841, 3122, 3184, 3858 Employees' Retirement System; contribution rate, optional elections,
rights and duties, HB 1315 .................. 1951, 1954, 3093, 3096, 3397, 3416, 3858
Employees' Retirement System; credit for out-of-state services, HB 245...................................................... 1633
Employees' Retirement System; creditable service for active duty in armed forces, SB 562........................................... 99
Employees' Retirement System; definition, SB 167 ............................................ No action in 1982
Employees' Retirement System; eligibility with 30 years service in National Guard, SB 563. ......................................... 100
Employees' Retirement System; former North Georgia Mountains Authority employees purchase credit, SB 58 ...................... No action in 1982
Employees' Retirement System; membership rights, local probation system members joining statewide probation system, SB 548. .................................... 97,1245,1312,1401,1405

4030

INDEX

Employees' Retirement System; rates of interest for calculations and actuarial valuations, HB 1316 ................... 557, 562, 3093, 3096, 3397,3572,3811,3815
Employees' Retirement System; redefine Annuity, SB 557 ........................................................ 98
Employees' Retirement System; redefine Board of Trustees, SB 545 ........................................................ 96
Employees' Retirement System; transfer of legislative service, SB 191 ..................................................... 28,30
Employees' Retirement System; transfer of service from other system, SB 187 ............................................ No action in 1982
Employment, Discrimination Due to Age Unlawful; change upper age limit, SB 98 ............................................. No action in 1982
Employment Security Law; extended benefits and other matters, change provisions, HB 1231 ............ 199, 203, 442, 569, 650, 866, 980, 981, 1383
Energy Research and Development Council (OPB); create, HB 1390. ....................... 1649, 1650, 1828, 1927, 2240, 2451, 3349
Energy Resources Office, State; urged to assist in development of small-scale hydroelectricity, HR 690 ......................... 2210, 2213, 2841,2843,3397,3694
Engineering Firms; compliance with certain regulations required for name registration with Secretary of State, SB 618 ...................... 241, 442, 567, 649, 865, 916, 934
Engineers and Land Surveyors Board of Registration; change termination date, HB 1160 ................................. 298, 301, 442, 569, 650, 865, 917, 948
Engineers, Architects; counties and cities retain record of building permit applications, HB 1444 ..................... 2057, 2069, 2838, 2842, 3123, 3299
Engineers, Power; regulate profession, licensing provisions, SB 291 ............................................ No action in 1982
Engineers, Professional; certification and registration requirements, SB 616 .......................... 241, 442, 567, 649, 865, 888, 3854, 3920
Engineers, Professional; enforcement provisions relating to construction and advertisements, SB 617 .......................... 241, 442, 567, 649, 865, 889, 3284, 3305, 3920
English, Lizzie Brown and Lucy Brown Coleman; 100th birthday, SR 221 ........................................................ 27
Environmental Facilities Study Commission; create, SR 346 ............... 1825, 2121, 2220, 2531, 2881, 3054, 3805, 3820, 3921
"Epidemic" Television Program; congratulate Atlanta Channel 11, SR 282 ....................................................... 464
Episcopal Diocese of Atlanta; commemorating 75th anniversary, SR 230 ........................................................ 89
Equalization Boards, Counties; designation of alternate members, SB 748 ............................................ 1696,1828, 1923
Escrow Accounts; public works contracts, HB 1048 ......................................... 94,101,1920,2018
Estates; provide for tenancies by the entirety, SB 695 ....................................................... 901
Estes/Ruby Lee; compensate, HR 666 ................................ 2800
Eton City Court; establish, HB 1438. ................... 430, 437, 641, 860, 913 Evans, William M. (Bill); election to State Transportation Board,. ............ 195
Evidence, Admissible; testimony of witness relating to character of person, SB 119 .............................. No Senate action in 1982

INDEX

4031

Evidence in Civil or Criminal Action; clerk of court of jurisdiction shall have custody and control, SB 524 ...................... 84, 115, 158,
210,238 Evidence Standards; review of contested cases under Administrative
Procedure Act, SB 212. ............................... No action in 1982 Examining Boards, State; qualifications of members, powers and duties
of boards, SB 619 .............................. 241, 855, 908, 981, 1049 Execution of Instruments Releasing a Security Agreement; signature
provisions, HB 371 ................... 29, 34, 2017, 2219, 3397, 3560, 3859 Executions; prohibit minors from witnessing,
SB 162 ...................................... No Senate action in 1982 Executive Probate Judges Council; create,
SB 567 ......................... Ill, 248, 305, 376, 411, 3708, 3740, 3920 Explosive Devices, Firearms; teaching use of for unlawful purposes
prohibited, SB 410. .................................. No action in 1982 Eye Banks; redefine and change provisions on who may operate,
HB 1395................... 1649, 1650, 2480, 2484, 3122, 3260, 3673, 3687

F

Facade Easement; define within historic preservation of property Code, HB 1638 ....................... 2057, 2069, 3093, 3098, 3397, 3616
Factory for the Blind; redesignate as Industries for the Blind, HB 1386 ............................ 1029, 1031, 1392, 1636, 1722, 1745
Fair Business Practices Act; provide for regulation of career consulting firms, SB 747 ............... 1696, 1828, 1923, 2024, 2092, 3412, 3509, 3920
Fair Business Practices Act; real property transactions, rights to select attorney, SB 132 ............................... No action in 1982
Fair Business Practices; administrative and penalty provisions, SB 462 ........................................................ 25
Fair Business Practices Administrator; enforcing official for Buying
Services Act, HB 1519. ..................... 635, 639, 904, 976, 1179, 1215 Faircloth, Honorable Tom; commend, HR 806 ..................... 1996, 2239 Fair Employment Practices Act; duties of Administrator, change certain
administrative procedures, SB 422 ................ No Senate action in 1982 Fair Employment Practices Act of 1978; extend life to 1985,
SB 477 .......................... 41, 155, 206, 257, 272, 1435, 1619, 3920 Fair Market Value, Homestead; provisions to establish for taxes,
SR261 ....................................................... 246 Fair Market Value of Property; define in Revenue Code for ad valorem
tax purposes, SB 8 ................................... No action in 1982 Fair Market Value, Property; definition exclude real estate commissions
for tax purposes, SB 614. .................... .240, 1243, 1312, 1402, 1447 Falconry; revise the season for taking game,
SB 509 ............................... 60, 156, 207, 257, 278, 1069, 3920 Family and Children Services Departments, Counties; destruction of
obsolete records, HB 1642 .............. 2058, 2069, 2216, 2227, 3122, 3292 Family Day-Care Centers; redefine,
HB 638 ............................. 1393, 1635, 1722, 1757, 1998, 2045 Family Practice Board and Family Physicians Academy; commend for
sponsoring Medical Fair in Augusta, SR 322......................... 1400 Family Violence Prevention; court order may require psychiatric treatment
of parties involved, HB 993. ...................... 2059, 2071, 2839, 2843, 3122,3262

4032

INDEX

Family Violence Shelters; receive portion of fees for marriage licenses,
SB 525. ................................... .84, 115, 158,211,257,258 Farm Equipment Manufacturers and Dealers; regulate business,
SB 713 ......................... 1238, 1390, 1634, 1722, 1770, 3856, 3920 Farm Equipment, Tractors; regulate manufacturers, distributors
and dealers, SB 468 .................. 39, 114, 157, 210, 222, 637, 937, 3920 Farm Winery Laws Committee; create,
HR 715 ............................. 1304, 1308, 1920, 2020, 2127, 2199 Farmers' Mutual Fire Insurance Companies; geographic limitations,
HB 1479 ............................ 1909, 1913, 2214, 2226, 2530, 2805 Farmland, Prime; policy of State in preserving,
SR113. .......................................... .No action in 1982 Fayette County Small Claims Court; filing fees,
HB 1487 ...................................... 554, 564, 855, 910, 977 Federal Block Grant Funds; State agency procedure for reports, hearings
and legislative review of use, SB 530 ................................ 85 Federal Judges; removal by state legislature, U.S. constitutional
amendment urged, SR 16 ............................. No action in 1982 Federal Judges; urge stand for reelection every 8 years,
SR275 .......................... 436,1833, 1926, 2024, 2083, 3856, 3920 Federal Judges; urge stand for reelection every 8 years,
HR 641................................................. 1325,1327 Federal Preemptions Relating to Certain Financing; override
for mortgages, business and agriculture, HB 1745 ................................................ 2058, 2069 Federalism, New; committee created in Senate to study restructuring federal revenue, SR 410 ........................................ 3356 Felons; eligible to hold public office if rights have been restored, SB 95 ..................................... No action in 1982 Feticide, Criminal; prohibit,
HB 1224. ....................... 1853, 1882, 2841, 2843, 3121, 3142, 3350 Feticide; provide for crime, punishment provisions,
SB 526 ........................................................ 84 Financial Institution; reporting of large currency transactions
required, SB 480 ......................... 41, 88, 104, 120, 130, 247, 308, 315, 3088, 3920
Financial Institution; state credit unions charge same interest rate as federal, HB 1533 ..................... 1161, 1167, 1308, 1399, 1654 1680, 1912
Fingerprints of Children; provisions for taking by law enforcement officers, HB 1285 ................... 555, 561, 971, 1077, 1268, 1283, 1911, 1942, 2756, 2791, 3306, 3865
Fire Departments; reports of suspected arson, HB 1157 ............................... 94, 101, 304, 371, 464, 536, 966
Fire Fighters Standards and Training Council; qualifications for firefighters, HB 1382 .................... 1162, 1167, 1831, 1927, 2241, 2530,2531
Fire Protection, Mutual Aid Resource Pacts; participants, HB 1292 .............................. 147, 153, 365, 447, 573, 649, 821
Fire Protection Sprinkler Contractors; regulate,
HB 1491. ....................... 1952, 1955, 2016, 2124, 2240, 2444, 2837 Fire Protection Study Committee, State-Wide; extend to 1983, change
membership provision, HR533 ................... 1910, 1914, 2217, 2233, 3122,3291

INDEX

4033

Fire Safety Standards Act; delay effective date to 1983, SB 721 ............................................ 1305, 1831, 1922
Fire Safety Standards; change provisions relating to enforcement, contracts between local political subdivisions, HB 1587. ....................... 2059, 2070, 2218, 2227, 2531, 2881, 3046
Fire Safety Standards; duties and powers in counties of 100,000 or more population, SB 435. ........................... No action in 1982
Firearms, Explosive Devices; teaching use of for unlawful purposes prohibited, SB 410. .................................. No action in 1982
Firearms, Possession by Convicted Felon; authorized, certain circumstances, HB 1585 .................... 1304, 1307, 1706, 1838, 2126, 2128,2836
Firemen; civil liability, HB 1191..................... 146, 152, 1310, 1398, 1655, 1722, 1800, 3860
Firemen; limitation of civil liability, SB 251 ...................................... No Senate action in 1982
Firemen's Retirement System; definition, SB 171 ............................................ No action in 1982
Firemen's Retirement System; provisions governing eligibility, SB 537 ........................................................ 86
First Offenders; probation provisions,
SB 579 ......................... 148, 205, 250, 309, 332, 3065, 3074, 3920 Fiscal Note Act; additional requirements of notes on legislation,
SB 158 ............................................ No action in 1982 Fiscal Notes; change provisions relating to content,
HB 1502. ......................... 556, 563, 1633, 1710, 3121, 3133, 3349 Fiscal Standards Act of Public Retirement Systems; enact,
SB 180 ............................................ No action in 1982 Fishing License; honorary to Florida residents 65 years of age,
SB466......................................... 26,156,206,257,269 Fishing License; not required of Florida residents over 65,
SB 494 .................................................... 53, 156 Fishing; revise list of trout waters, specify seasons,
SB 626 .......................... 243, 366, 446, 573, 648, 804, 1625, 3920 Fitzgerald and Ben Hill County Development Authority; powers,
HB 1850 ................................. 1991, 2008, 2215, 2232,2515 Fitzgerald and Ben Hill County Development Authority; provisions
relating to bonds, SB 384. ............................. No action in 1982 Fitzgerald, City of; define gross annual income relating to Water,
Light, and Bond Commission, SB 449.................... No action in 1982 Flag, National Motto; allow display in public schools and buildings,
HB 856. ........................ 1384, 1390, 2216, 2224, 3121, 3144, 3348 Flashing, Colored Lights for Motor Vehicles; firms report information
on purchasers to law enforcement agency,
SB 736................................... 1626,1831,1922,2024,2113 Flashing Lights on Motor Vehicles; authorize use of by certain
individuals, HB 170 ............................. 1632, 1708, 3122, 3275 Flashing Lights on Motor Vehicles; emergency medical technicians
authorized to use, certain cases, SB 25 ............................................. No action in 1982 Floyd County Juvenile Court Judge; election, HB 1768 ................................. 1821,1826,2121,2221,2507 Forest Fire Protection Compact; Forestry Commission Director serve as administrator for Georgia, SB 46 ............................................. No action in 1982

4034

INDEX

Foresters Board; change termination date, HB 1364 ................................. 357, 363, 857,910, 981, 1065
Foresters, Professional; liens for work and materials, SB459......................................... 24, 155, 206,257,261
Forfeitures, Controlled Substances; disposition of money and currency, SB 541 ............... 95, 1311, 1394, 1655, 1723, 1803, 1820
Forfeitures, Controlled Substances; procedure and custody, SB 527 ........................................................ 84
Forfeitures, Money, Negotiable Instruments; provisions relating to drug cases, SB 322 ........................... No Senate action in 1982
Forsyth County Board of Commissioners; dollar amount of purchases without receiving bids, HB 1946 ....................... 2757, 2767, 3091, 3101,3367
Fort Valley Municipal Court; change provisions on penalties imposed, HB 1958 ......................... 2759, 2769, 3091, 3102, 3369
Franchises for Farm Equipment Distributors; regulate business, SB 713 ................. 1238, 1390, 1634, 1722, 1770, 3856, 3920
Frank, Leo; relative to case of, SR 423 ...................................................... 3839
Franklin County; referendum concerning Board of Education members, HB 1751 .................... 1625, 1630, 1705, 1840, 1935, 2059
Frazier, Honorable Roy E., Ill; commend, SR 235 ........................................................ 62
Fulton County Adult Probation Employees; duties and powers, SB 457 ....................... 2214, 2222, 2516, 3801, 3805, 3920
Fulton County-Atlanta; inventories of certain goods tax exempt if located within urban enterprise zone, HR 774 .................................. 2761, 2771, 3092, 3105, 3461
Fulton County-Atlanta; property located within urban enterprise zone separate classification, HR 775 .................................. 2761, 2771, 3092, 3105, 3463
Fulton County Board of Commissioners; grants to cities for recreational program, SR 38 ................................ 2762, 3920
Fulton County Board of Commissioners; maximum amount of compensation, SB 165 ................................ 2761, 2896, 3920
Fulton County Building Authority; enter into certain contracts, HR 718 .................................. 2760, 2771, 3091, 3105, 3446
Fulton County Building Authority; redefine project,
HB 1707 ................................... 2756,2766,3090,3098, 3361 Fulton County Commissioners; change election districts,
HB 1380. ....................... 3056, 3058, 3090, 3096, 3379, 3593, 3603 Fulton County Commissioners; election districts,
SB 694 ....................................................... 900 Fulton County; conditions for Probate Court Chief Clerk to
fill vacancy, HB 1492 ........................... 1159, 1168, 2477, 2487, 2852, 3352
Fulton County Employees' Pensions; prior service credit, SB 144 ............................................ No action in 1982
Fulton County Employees' Retirement Plan of 1981; provide, SB 163 ........................................................ 90
Fulton County; establish countywide library system, HB 1691 ................................. 2420, 2424, 3090, 3098, 3361
Fulton County; Family and Children Services Employees pension fund, HB 1303. ............................ 2756, 2766, 3090, 3095, 3359
Fulton County Housing Authority; change membership, SB 197 ................................................. 3353,3920

INDEX

4035

Fulton County Judges' and Solicitor Generals' Retirement; cost of living increase, HB 1317. ............................. 2800, 2805
Fulton County Legal Services Program; change population figures in Act, SB 263 ...................................... No action in 1982
Fulton County Personnel Administration; revise laws pertaining
to, HB 1501............................... 1991, 2010, 3090, 3097, 3360 Fulton County Probate Court Judge; minimum compensation,
HB 1589 ................................. 1160, 1169, 2014, 2124, 2235 Fulton County; prohibited from constructing and taxing for
libraries within corporate limits of cities,
HR 158 .................................. 1085, 1110, 1631, 1710, 1975 Fulton County; provide cost-of-living increase for employees
retired before January 1964, SR 247 ................................ 101 Fulton County; provisions for neighborhood subunits of government
in unincorporated areas, HR 165. ............................ 3056, 3058 Fulton County PTA Councils, North and South; commend,
SR 251 ....................................................... 130 Fulton County Public Defender; provide,
HB 1840................................................ 2757, 2767 Fulton County Retirement Fund; county employees,
HB 533 ........'................................... No action in 1982 Fulton County, Special Purpose Grand Juries; change
population figures in Act, SB 262 ....................... No action in 1982 Fulton County Superior Court Clerk; storage of records,
SB 446 ................................................. 1164, 3920 Fulton County Superior Court; delete inadvertent reference in Act
relating to Atlanta employee pensions,
HB 1343 ................................. 2800, 2805, 3090,3096, 3359

G
Gainesville and Hall County Development Authority; additional powers, definitions, HB 1111. ..................... 356, 363, 565, 642, 861
Gambling; dogfighting unlawful, SB 463 ................................ 25, 155, 206, 257, 267, 820, 3920
Gambling; procedures for seizure and forfeiture of property, SB 597........................................ 151, 205, 250, 309, 337
Gambling; procedures for seizure and forfeiture of property, HB 1210. ....................... 1161, 1167, 2016, 2123, 2240, 2459, 3349
Gambling; promotional contests for sale of realty or personalty lawful with certain requirements, SB 661 ............. 434, 1243, 1312, 1402, 1441, 3855, 3920
Game and Fish; alligator skins, provisions for legal possession, SB 590 ............................. 150, 857, 907, 980, 1032, 3088, 3920
Game and Fish; change certain provisions and requirements, HB 1525 ....................... 1216, 1920, 2019, 2127, 2200, 2754, 2787, 3205, 3262, 3595, 3865
Game and Fish Code; fishing licenses, honorary to Florida residents 65 years of age, SB 466 ............................ 26, 156, 206, 257, 269
Game and Fish; no hunting or fishing license required of Florida residents over 65, SB 494 ............................... 53, 156
Game and Fish; prohibit use of certain body-gripping traps except near water, HB 1381 ................. 1694, 1701,2121,2220,2531, 2881,3052

4036

INDEX

Game and Fish; provisions on snakes, saltwater fishing or crabbing and seizure of certain property, SB 596 ......................... 151, 857, 907, 980, 984, 3805, 3816, 3920
Game and Fish; revise list of trout waters, specify seasons, SB 626 .......................... 243, 366, 446, 573, 648, 804, 1625, 3920
Game and Fish; taking game by falconry, revise the season, SB 509 ............................... 60, 156, 207, 257, 278, 1069, 3920
Game and Fish; use of certain trapping devices near dwelling prohibited, SB 512........................................ 73, 857, 907, 980, 1035
Garden City Council; more than 1 recorder in recorder's court, HB 1702 ............................ 1379, 1388, 1704, 1838, 1932
Garner, Senator Wayne; excused from voting on HB 1558, Rule 180. ............................................ 3587
Garnishment; change certain procedures, SB 539..................................... 95,1633,1707,1845,1854
Garrett, Earnest; in memory of, SR 370. ............................... 2238
Gas; redefine relating to blasting near underground pipes, include liquid petroleum products, SB 142 ................ 3708, 3733, 3920
Gases, Compressed; relating to dangerous incidents, immunity from liability for Good Samaritan Acts, SB 83. ........... 366, 464, 465, 1650, 1728, 2209, 3920
Gasoline Sales to Handicapped Persons; requirements, SB 219 ............................................ No action in 1982
General Assembly; adjournment January 22 to February 8, HR 508................................................. 24,27, 196
General Assembly; adjournment February 12 to February 15, HR 621............................................... 353,428, 553
General Assembly; adjournment February 19 to February 22, HR 709 .............................................. 965, 980, 1066
General Assembly; adjournment February 26 to March 8, SR326 ................................................. 1621,1622
General Assembly; adjournment March 16 to March 22, HR 847 ............................................ 2421,2426,2473
General Assembly; adjournment March 24 to March 26, HR918. ...........................................3301,3342,3346
General Assembly; adjournment March 26, sine die, HR953............................................ 3758,3801, 3822
General Assembly; adjournment sine die, amend HR 953 to 10:00 p.m. March 26, SR 427. ............................ ...3837,3868
General Assembly; adjournment sine die, amend SR 427 to 10:15p.m. March 26, SR 428. ......................... .3844,3868,3921
General Assembly; change requirements on content of fiscal notes, HB 1502 .................... 556, 563, 1633, 1710, 3121, 3133, 3349
General Assembly; come within provisions of sunshine Open Meetings Law, SB 532. .................... 85, 441, 566, 649, 835, 954, 955
General Assembly; come within provisions of sunshine Open Meetings Law, SB 533 ........................ 86, 441, 566, 649, 865, 867
General Assembly; come within provisions of sunshine Open Meetings Law, SB 534. .................... 86, 441, 566, 649, 865, 875, 896
General Assembly; create Joint Committee for Review of Administrative Rules, SB 657. ................... .361,856,908,981, 1044
General Assembly; exception to open meetings requirements established by rule, delete constitutional provisions, SR 246 ....................................................... 100

INDEX

4037

General Assembly; joint session, Budget Message by Governor, HR 507.................................................. 23,27, 64
General Assembly; joint session, State of the State message by Governor, HR 506. ...................................... 23, 27, 45
General Assembly, Legislative Services Committee; jurisdiction over Capitol mezzanine rooms, SB 282................... No action in 1982
General Assembly Members; certain conduct unlawful, HB 888 ........................................... No action in 1982
General Assembly Members; expense allowance provisions, SB 491 .......................... 52, 103, 116, 160, 193, 1085, 1087, 3920
General Assembly Members; retirement credit to local systems, certain circumstances, SB 68..................... No Senate action in 1982
General Assembly; power to fill vacancy in office left unfilled by Governor after 90 days, SR 241 ................... 87, 155, 208, 257, 288
General Assembly; procedure to override an agency rule by resolution, SB 432 ............................. No Senate action in 1982
General Assembly; reapportion certain House of Representatives districts, HB 1426 ................ 1621, 1628, 1832, 1927, 2023, 2032, 2476
General Assembly; reapportion certain senatorial districts, SB 712 ......................... 1166, 1832, 1922, 2023, 2025, 2833, 3346
General Assembly Sessions, Committee Meetings, Hearings; open to public, SR 234 ............................ 61, 157,208,257,284
General Assembly Sessions; extend to 60 days, limitations on introduction of bills, SR220 ....................................... 26
General Assembly; supplemental appropriations prohibited unless Governor declares emergency, SR 51.................... No action in 1982
Georgia, Anniversary of Founding; urge Congressional Delegation to persuade Treasury Department to produce medal honoring, SR 307 .............................. 1072, 1310, 1397, 1655, 1722, 1764
Georgia Bureau of Investigation; definition of career criminal, HB 1284 ............................... 555, 561, 971, 1077,1268,1282
Georgia Bureau of Investigation; inspection of rebuilt motor vehicles for certificate of title, HB 1459. ............... 846, 851,972, 1078, 1179, 1191, 1304
Georgia Christian School Basketball Team; commend, SR 377 ................................................. 2529, 3089
Georgia Code Annotated, Official; provide for distribution, HB1162. ....................... .60, 61, 115, 158,211,257,259,821,943
Georgia Coroners Manual; designated as official operating manual, SR270 ..................... 300, 856, 909, 1082, 1129, 3089, 3921
Georgia Educational Improvement Council; change name to Legislative Educational Research Council, SB 660 ..................... .434,969, 1076, 1179, 1211,2834,2894,3920
Georgia-Florida Parkway; designating, SR 324 ......................... 1627, 1706, 1836, 1937, 1974, 3856, 3921
Georgia Laws; chief judge in circuit may limit distribution, HB 629 ................................... 29,36, 906,980,1026,2209
Georgia Public Television Network; appreciation for service, SR 406 ...................................................... 3140
Georgia Railroad Freight Depot; urge use as state museum, SR 364 .............................. 2002, 2217, 2223, 2530, 2881, 3042
Georgia School Boards Association; honor, SR 395 ...................................................... 3120

4038

INDEX

Gibbs, Terri; commend, SR 290 ....................................................... 816
Gift of Realty; repeal Code section relating to possession by child of father's land, HB 375 .................................... 2017
Gillis, Honorable Hugh; commend, HR810................................................. 1996, 2239
Girl Scouts of America; commend, SR298 ....................................................... 864
Gittings, Joseph C.; commend, SR 345 ...................................................... 1843
Glover, Nathaniel; congratulate on 90th birthday, SR 328 ...................................................... 1651
Glynn-Brunswick Hospital Authority; qualifications and selection of members, SB 782. ................... .2212,2477,2486,2851, 3627, 3628, 3920
Glynn County Board of Commissioners; election, HB 1854 ................................. 1992, 2008,2215,2233,2515
Glynn County Board of Education; two members elected from each district, SB 781............................. 2120, 2214, 2223, 2524
Glynn County Charter Commission, Brunswick; extend time to complete work, HB 1690 .................... 1303, 1307, 1392, 1640, 1720
Glynn County; enacting ordinances for governing, policing county, HR748. ........................... 1910, 1915, 2839, 2849, 3208
Glynn County Juvenile Court Judge; repeal Act increasing salary, SB 651 ............................ 360, 441, 568, 643, 3852, 3920
Glynn County Magistrate's Court; selection and compensation of magistrate and deputy, SB 780 ................ 2120, 2214, 2223, 2524, 3401, 3485, 3920
Glynn County; real property in Frederica River, convey easement, SR249 .......................... 113, 367, 446, 573, 648, 806, 1381, 3920
Glynn County Sheriff's Office; compensation and expenses, SB 692. ................... .900,1075, 1175, 1255,2210,2533,2812,2963, 3049, 3280, 3356, 3920
Glynn County State Court Officers and Personnel; compensation, HB 1920 ............................ 2418, 2422,2839, 2847,3117, 3860
Glynn County Superior Court Clerk; compensation and personnel, SB 653. ....................... 360, 441, 568, 644, 2045, 2536, 2812, 2963, 3048, 3278, 3332, 3337, 3356, 3920
Glynn County Tax Commissioner; compensation, SB 652 ............................. 360, 441, 568, 644, 2044, 3053, 3920
Gold, Silver, Precious Metal Dealers; regulations, permits to operate business, SB 20. .............................. No action in 1982
Gold, Silver, Precious Metal Dealers; regulations, permits to operate business, SB 106. ............................. No action in 1982
Golf Hall of Fame; create, HB 1209. ......................... 110, 114, 2838, 2842, 3396, 3398, 3858
Good Samaritan Acts; immunity from liability for assistance in dangerous incidents involving compressed gases, SB 83 ............................. 366, 464, 465, 1650, 1728, 2209, 3920
Gordon, K, E.; compensate, " HR 57................................................ 103, 116, 189
Governor; authority relating to enforcement powers of transportation employees, SB 668 ................ 436, 642, 859, 1081, 1083
Governor George D. Busbee; address Senate,. ........................... 3837

INDEX

4039

Governor George D. Busbee; Budget Address, HR507..................................................23,27, 64
Governor George D. Busbee; communications, ........................... 13 Governor George D. Busbee; honor,
SR 408 ...................................................... 3395 Governor George D. Busbee; State of the State address,
HR506..................................................23,27,45 Governor George D. Busbee; veto letter, 1981 session, ..................... 13 Governor's Budget Report to General Assembly; include
information on retirement systems, SB 396 ............... No action in 1982 Governor's Duties; vacancy in an office unfilled after 90 days,
General Assembly appoint, SR241 .................. 87, 155, 208, 257, 288 Grand Juries; authority to issue reports on operation of
public offices and institutions, HB 648 ........................ 3700, 3703 Grand Juries; elected officials ineligible to serve,
HB 823 ................................... 110,113, 205,252,309,350 Grand Jury, Dublin Judicial Circuit; provisions for convening,
HB 1197 ....................................... 93, 102, 855, 909, 976 Grand Jury, Special Investigative with Statewide Jurisdiction;
new Code Chapter, SB 467. ........................ 26, 205, 248, 308, 313 Grand Jury, Special Purpose; apply to consolidated
government of Columbus-Muscogee County, HB 1158. ............ 110, 114,
1245, 1313, 1401, 1404 Grand Jury, Special Purpose; Code provisions include consolidated
city-county governments, SB 516 ................................... 82 Grants, Federal Block; state agency procedure for reports,
hearings and legislative review, SB 530 .............................. 85 Grants, Incentive to Students; include accredited
proprietary schools, SB 697. ...................................... 901 Grants to Certain Cities; failing to file required certification
for funds, HB 1563 .................... 1084, 1109, 2015, 2124, 2240, 2453 Grants to Students; tuition for out-of-state colleges,
certain cases, HB 589 ............. 1952, 1954, 2216, 2223, 2880, 2912, 3348 Grants to Students; tuition to colleges of osteopathic
medicine, SB 710. ........... 1165, 1309, 1396, 1655, 1722, 1769,3354,3920 Grates Installed on Public Roadways; accommodate bicycles,
SB 64 ............................................. No action in 1982 Griffin, Anita; honor,
SR 278 ....................................................... 410 Griffin Judicial Circuit; judges, district attorney, change
county supplement, HB 1947 ............ 2758, 2768, 3091, 3101, 3389, 3857 Griffin-Spalding County Education Board; membership,
HR 826 ............................. 2761, 2771, 2839, 2850,3239,3862 Grist, Miller J.; bridge over Tennessee River, Highway 246
named in honor, HR656. ............... 1910, 1914,2483,2486,3123,3340 Ground Water; monitor and record use,
HB 1110 .......................... 109, 366, 447, 573, 648, 814, 899, 939, 1091, 1099, 1384, 1460
Grovetown, City of; change provisions relating to city court, HB 1687 ............................ 1303, 1307, 1392, 1640, 1720
Guaranty and Suretyship, Contracts of; abolish distinction between, HB 108. ................................... No action in 1982
Guardian, Appointment of; patient in federal facility, affidavits, HB 1547 .................... 1952, 1956, 3094, 3097, 3397, 3640

4040

INDEX

Guardian for Incapacitated Adults; may also serve as attorney, HB 1179. ........................ 72, 75, 205, 252, 309, 376, 377
Guido Evangelistic Association, Inc.; congratulate, SR 252 ....................................................... 159
Guilty But Mentally 111; provide for plea in criminal cases, HB 1290. ....................... 1030, 1031, 2840, 2844, 3122, 3170, 3347
Guilty But Mentally 111; provision in Criminal Code, SB 571.................................... 112, 365, 444, 572, 649, 827
Guyton, City of; reincorporate, SB 430 ............................................ 2834,2973, 3920
Guyton, City of; remove certain geographical area from territorial limits, HB 1875. ................... 2040, 2064, 2478, 2493, 2871
Gwinnett Building Authority; fill vacancies, SB 637................................... 245, 303, 370, 450, 966, 3920
Gwinnett County Airport Authority; fill vacancies, SB 636................................... 245, 303, 370, 450, 966, 3920
Gwinnett County Board of Elections; change population data, HB1171 ......................................... 72,75,87, 106, 118
Gwinnett County Education Board; election districts, SB 610 ................................... 202, 303, 369, 448, 965, 1066
Gwinnett County, Miss; Debbie Atkinson, introduced, .................... 348 Gwinnett County Probate Court Judge; filling of vacancies,
HB 1169 ......................................... 71, 74, 87, 106, 117 Gwinnett County Probate Court Judge, Tax Commissioner, Sheriff;
filling vacancies, HB 1170 ........................... 71, 74, 87, 106, 118 Gwinnett County Public Facilities Authority; fill vacancies,
SB 634................................... 244, 303, 369, 450, 965, 3920 Gwinnett County Recreation Authority; fill vacancies,
SB 635 ................................... 244,303,370,450, 966, 3920 Gwinnett County Tax Commissioner; filling of vacancies,
HB 1168 ......................................... 71, 74, 87, 106, 117 Gwinnett County Water and Sewerage Authority; fill vacancies,
SB 633 ................................... 244, 303, 369, 449, 965, 3920 Gwinnett Judicial Circuit; additional superior court judge,
HB 1172 .................................. 146,152,205,252,309,353

H
Habeas Corpus; petition for writs, provisions for transfer, SB 578........................................ 148, 205, 250, 309, 331
Habeas Corpus Procedures; persons under court sentence, HB931. ................... .60,61,365,446,573,648,866,917,945, 1164
Habersham County; conveyance of certain real property, SR250............................ 113,906,973, 1082,1111,2835,3921
Habersham County; sales tax proceeds to School District, HB 1463.................................................. 432, 439
Habersham County Tax Commissioner; salary, HB 1964 ............................ 2760, 2770,3091,3103,3393,3860
Habersham County; use by School District of sales tax, ' HR591 .............................. .433,439, 1172,1252,1364,1911
Habitual Violator; redefine relating to motor vehicles, HB 1554 ............................... 847, 851, 972, 1078, 1269, 1287
Hall County -- Gainesville Development Authority; additional powers, definitions, HB 1111. ..................... 356, 363, 565, 642, 861

INDEX

4041

Hall County State Court Judge and Solicitor; compensation, SB 458 ............................................ 2761,2788, 3920
Hall of Fame, Golf; create, HB 1209. ......................... 110, 114, 2838, 2842, 3396, 3398, 3858
Hancock County; chief deputy and deputy sheriffs' salary, HB 1043 .......................................... No action in 1982
Hancock County; probate court judge and superior court clerk, compensation, SB 547 .......... 96, 154, 208, 254, 302, 373, 1854, 1871, 3920
Hancock County Small Claims Court; collection of court costs, SB 716 .............................. 1239, 1391, 1634, 1711, 2211, 3920
Hancock County; tax commissioner, compensation, SB 546 ...................... 96, 154, 208, 254, 302, 372, 1854, 1873, 3920
Handicapped; General Assembly provide residential zoning, SR 55 ............................................. No action in 1982
Handicapped Parking Law; provisions for institutional permits, SB 74 ............................................. No action in 1982
Handicapped Persons, Buildings Accessible; definitions, standards, SB 342 ................................... No action in 1982
Handicapped Persons; discrimination in housing accommodations unlawful, SB 233.................................... No action in 1982
Handicapped Persons; employer allowed income tax credit for employing, SB 72................................. No action in 1982
Handicapped Persons; requirements relating to gasoline sales, SB 219 ....................................... No action in 1982
Hapeville Development Authority; create, SR 320 .............................. 1306, 1631, 1708, 1887, 3355, 3921
Hapeville Development Authority; create, HR 741 .................................. 1995, 2010, 3091, 3105, 3448
Haralson County Board of Education and School Superintendent; election, SR 165. .................................... No action in 1982
Haralson County Board of Education; election of members, HB 1799 ................................. 1906, 1917, 2215, 2231, 2512
Haralson County Commissioner; compensation, HB 1890 ................................. 2041, 2065, 2214, 2233, 2528
Haralson County Sheriff; compensation, HB 1897 ................................. 2042, 2066, 2214, 2233, 2528
Harbin, Honorable Gil; commend,
HR 808................................................. 1996,2239 Hargrett, Dr. McKee; designate bridge over Satilla River,
Highway 82 in honor, HR583 ........... 1995, 2010, 2483, 2486, 3123, 3339 Harris County; tax assessment at thirty percent of fair
market value, HR 819 ..................................... 2762, 2772 Hart County Tax Commissioner; annual salary,
SB 719........................................ 1305, 1391, 1634,1711 Hart County Tax Commissioners; annual salary,
HB 1740 ................................. 1624,1630, 1704,1839, 1935 Hatcher, Honorable Charles; commend,
SR 350 ................................................. 1844, 1997 Hawkinsville-Pulaski County Development Authority; change
membership, HB 1874 ...................... 2040, 2063, 2478, 2493, 2870 Hazardous Drivers Study Committee; create,
SR274 ..................... 361, 1174, 1248, 1319, 1362, 3693, 3759, 3921 Hazardous Waste Facilities; approval by county in which located
required prior to issuance of permit, SB 492........................... 52

4042

INDEX

Health and Medical Education Study Committee; create, SR284..................................... 560, 970, 1076, 1179, 1208
Health Benefit Plan for State Employees; relative to allocation of cost, HR 562 ...................... ...297,301, 1171, 1252,1320,1360
Health Care Cost Containment Study Committee; create, HR 228..................................................... 30, 38
Health Care Facilities for Elderly; exemption from certificate of need requirements, SB 415 .......................... No action in 1982
Health Care in Jails and Prisons; recommend establishment of state-wide minimum standards, SR233. .............. 56, 156, 208, 257, 283
Health Care, Primary, Study Committee; create, SR 26 ............................................. No action in 1982
Health Code; clinical laboratories, specimen collection stations, licensing provisions, HB 1549 ............. 929, 941, 1244, 1314, 1402, 1452
Health Code; Clinical Laboratory, Blood Bank and Tissue Bank Committee, membership, HB 1368 ................ 1237, 1240, 1919, 2019, 2880,3024,3351
Health Code; compensation for State employees contracting tuberculosis or hepatitis, SB 53. ........................ No action in 1982
Health Code; definitions relating to regulation of hospitals, HB 1553 ............................ 1161, 1167, 2216, 2227,2881,3026
Health Code; emergency receiving facility examination provisions, HB 1274 ..................... 897, 902, 1919, 2019, 2240, 2466
Health Code; hospitalization of alcoholics, drug dependent persons, procedures, SB 390........................... No action in 1982
Health Code; hospitalization of mentally ill, certain procedures required, SB 389. .......................... No action in 1982
Health Code; Long-Term Care Facilities, delete rights of residents to private room and sitter, SB 501................................... 54
Health Code; new chapter relating to Vital Records, HB 780 ............................. 1725, 1726, 1919, 2018,2127, 2160
Health Code; physicians release certain information to Human Resources Department, immunity from liability, HB 1541. ....................... 1304, 1307, 1632, 1710, 1845, 1870, 2210
Health Code; redefine inspection warrant, SB 684. ......................... 849, 1244, 1313, 1402, 1431, 1655, 1722, 1740, 3626, 3636, 3920
Health Code; reports of physical injury by other than accidental means, change requirements, SB 417 .................... 2211, 2966, 3920
Health Code; studies and treatment for veterans exposed to harmful chemicals, HB 1200. ............ 199,203,855,909,981, 1045, 1163
Health Education Curriculum; provide under APEG, HB 92 ............................................ No action in 1982
Health Insurance Plan, Public School Employees; definitions and contribution provisions, HB 153 ................ 62, 2755, 2788, 3137, 3865
Health Insurance Plan, State Employees; redefine employee, SB 135 ............................................ No action in 1982
Health Insurance, State Employees; continued coverage after resignation for certain 65 year olds, SB 55 ................ No action in 1982
Health Insurance Study Committee, Public School Employees; create, SR 398 ................................................ 3090
Health Maintenance organizations; provisions relating to physician-based group insurance plans, SB 406 ............ No action in 1982
Health Planning and Development Agency; considerations in determining needs in underserved areas, SB 442 ..................... No action in 1982

INDEX

4043

Heard County Small Claims Court; create, HB 1859 ................................. 2038, 2062,2214,2233,2527
Hearings Conducted by Telephone; consent of all parties, HB 1584 ............................ 1161, 1168, 1705, 1837, 2024, 2107
Heart and Cardiovascular Disease; relative to, SR 416 ...................................................... 3396
Heery, Judge B. B. and Judge Grady Lee Dickey; regional youth development center named in honor, HR 545. ..................... 636, 640, 1171, 2840, 2849, 3123, 3334, 3862
Heinicka, Richard J.; compensate, HR 598 ............................................ 1695, 1703, 2837
Helena, City of; reincorporate,
SB 774 .................... 2001, 2214, 2222, 2516, 3675, 3691, 3862, 3920 Henry County Administrator; create office,
HB 1710 ................................. 1380, 1389, 1704, 1838, 1933 Henry County Board of Commissioners; description of districts,
HB 1680 ................................. 1236,1242,1392,1640, 1719 Henry County; certain capital improvements of manufacturing
establishments, ad valorem tax exempt, HR 713 ................ 1237, 1243, 1829, 1928,2112
Henry County Development Authority; appointment of members, HB 1679 ................................. 1236,1242, 1392, 1640, 1719
Henry County, Homestead Exemption; change certain provisions, SR293............................... 849,1075, 1176,1295,2045, 3921
Henry County, Homestead Exemption; 65 year olds, disabled, less than $6,000 income, SR 294. ........................ 850, 1075, 1176, 1297, 2045, 3920
Henry County, Homestead Exemption; 62 year olds, disabled, less than $12,000 income, SR 292. ........ .849, 1075, 1176, 1292,2045,3921
Henry County Landmarks, commend, SR 258 ....................................................... 210
Henry County Small Claims Court; election of judge, HB 1739 ................................. 1998, 2013, 2477,2488,2860
Henry County Water and Sewerage Authority; membership, HB 1681 ................................. 1236, 1242, 1392, 1640, 1719
Hepatitis, State Employee Contracting; compensation, SB 53 ............................................. No action in 1982
Hephzibah, City of; provisions relating to finance manager, HB 1970 ................................. 2921,2953, 3091,3104, 3372
Higher Education Institutions; regulate use of tests for admission, SB 451................................... No action in 1982
Highway in Gordon County; designate in honor of C. L. Moss, HR 592 ............................. 1381, 1390, 1706, 1840, 2127, 2142
Highways; county road systems, authority to restrict vehicles from using, SB 707. ............................................ 1165
Highways; duties of State Patrol and law enforcement agencies, SB 514. ............................. .73,905,972, 1082, 1114
Highways; hitchhikers prohibited, SB 705 ............................................ 1072, 1244, 1313
Highways, Interstate; enforcement duties sole responsibility of Uniform Division of State Patrol, SB 718 ........ 1239, 1310, 1396, 1654, 1679
Highways; permits for trimming vegetation near outdoor advertising, SB513. ............................... 73, 89, 105, 120, 133
Highways, Roads; powers of enforcement and arrest, Transportation Department employees, SB 668 .................. 436, 642, 859, 1081, 1083

4044

INDEX

Highways, Urban and Primary; policies for expenditures for property acquisition, SB 113........................... No action in 1982
Hill, J. Andrew, Sr.; regrets at passing, SR 409 ...................................................... 3396
Hill, Mrs. Ruby C.; commend, SR404 ...................................................... 3395
Historic Preservation of Property; definition of facade easement, HB 1638 .................... 2057, 2069, 3093, 3098, 3397, 3616
History and Archives; repeal Code on compiling statistical register, HB 636 .................................... No action in 1982
Hitchcock, Charles Thomas; regrets at passing, SR387 ...................................................... 2879
Hitchhikers; prohibited on highways, SB 705 ............................................ 1072, 1244, 1313
Hodges, Dr. Cecil; commend, SR 302 ....................................................... 916
Holidays, Public and Legal; change observance, SB 507 .................................................... 55, 247
Holidays, Religious; conditions for certain employees taking time off, HB 1378 .......................... 555, 562, 856, 910, 981, 1047
Holland, Clem; designate bridge over Oostanaula River, Highway 41 in honor, HR 593 ................... 1381, 1390, 1706, 1840,2127,2161
Holloway, Honorable Al; commend, HR794................................................. 1995,2238
Home Rule for Counties; new Code Chapter, SB 256 ............................................ No action in 1982
Home Rule for Municipalities; new Code Chapter, SB 255 ............................................ No action in 1982
Homestead; establish fair market value for tax purposes, SR 261 ....................................................... 246
Homestead Exemption; ad valorem tax, increase income allowed, SR 319 ...................................................... 1306
Homestead Exemption; automatic changes based on county tax digest, provisions if ownership changes, SR 260 ............................ 245
Homestead Exemption; certain disabled veterans, SR 103 ............................................ No action in 1982
Homestead Exemption; change time to file, HB 1424. ....................... 1908, 1913, 2213, 2225, 2530, 2806, 3349
Homestead Exemptions; provide for automatic changes based on tax digest, SR 232 ............................................... 56
Homestead; no increases in ad valorem tax after owner attains 65 years of age, SR 56 ................................ No action in 1982
Homicide by Vehicle; change penalty for conviction, SB 648 ....................................................... 359
Homicide by Vehicle; penalties, court of jurisdiction, SB 699. ............................. .901, 1080, 1173, 1247, 1319, 1335
Homicide by Vehicle; persons charged, suspension of driver's license, SB 506 ...................... 55, 641, 858, 916, 932, 2421, 2443, 2755, 2787, 3272, 3569, 3867, 3920
Hopkins, Milton (Buddy), Jr.; recognize, SR 396 ...................................................... 3120
Hospital Authorities, County and Municipal; extend powers for construction, contracts and loans, HB 686 ................ 298, 300, 905, 974, 1081, 1149, 1384, 1400

INDEX

4045

Hospital Authorities; powers and duties relating to credit and loans for projects, SB 649 ..................................... 359
Hospital Service Corporations, Nonprofit; investments, HB485 ................................. 29,35, 2213, 2530,2817, 3348
Hospitals, Regulation of; definitions, HB 1553 ............................ 1161, 1167, 2216, 2227, 2881, 3026
Hotels, Motels in Atlanta; commend for service during ice storm, SR248....................................................... 119
House of Representatives; reapportion certain districts,
HB 1426. ....................... 1621, 1628, 1832, 1927, 2023, 2032, 2476 Housing Accommodations; discrimination against handicapped persons
prohibited, SB 233. .................................. No action in 1982 Housing Accommodations; rented to Human Resources Department
employees, certain cases, SB 297 ....................... No action in 1982 Housing Authorities Law; delete references to Board, requirements
of commissioners, HB 634 .................. 29, 36, 2015, 2530, 2822, 3349 Housing Authorities Law; provisions relating to Fulton County,
SB 197 ................................................. 3353, 3920 Housing Authorities Law; provisions relating to mortgage loans and bonds,
SB 550 .......................... 97, 302, 368, 464, 518, 2476, 2546, 3920 Housing Bonds; urge Congress to take actions to aid and not
limit assistance, SR 385 ..................... 2832, 3094, 3095, 3397, 3660 Housing; industrialized buildings, certification and inspection
procedures, SB 602 ........... 200, 441, 567, 649, 865, 885, 3708, 3739, 3920 Housing Office; powers and duties,
HB1161. ..................... .91, 119,441,570,650,866,916,930, 1163 Houston County Board of Elections; change population provisions,
HB 1779 ................................. 1822, 1826, 2121, 2221,2508 Houston County; limit power to impose, levy ad valorem taxes,
HR700 ............................. 1084, 1110,2479,2497,2932,3353 Houston County, Sales Tax; impose for school system,
HR 699 .................................. 1071,1074, 2479,2496, 2930 Human Resources Commissioner; delegate certain authority over
public assistance programs, HB 1695...... 1999, 2012, 2840, 2845, 3123, 3324 Human Resources Department; administer community care plan for
elderly, SB 581. .................. 148, 365, 444, 572, 613, 2211, 2428, 3920 Human Resources Department; Aging Section develop and submit
plan for transportation of elderly and handicapped persons, SB 399 ........................................... No action in 1982. Human Resources Department; authority to rent housing to employees, certain cases, SB 297. ...................... No action in 1982. Human Resources Department; authorized to charge fees for certain services, SB 496 ........................... 53, 365, 443, 572, 577 Human Resources Department; compensation of licensed practical nurses, SB 244...................................... No action in 1982 Human Resources Department; information received utilized in custody or parental kidnapping cases, HB 1406. ........ 846, 851, 1310, 1398,
1723, 2241, 2530, 2541, 3860 Human Resources Department; name change from Vocational Rehabilitation to
Division of Rehabilitation Services, HB 1387. ........... 636, 639, 970, 1078, 1269, 1285, 1383
Human Resources Department; provisions for variances, waivers or exemptions from certain rules and regulations, SB 500 ........................... 54, 1244, 1311, 1402, 1436, 3855, 3920

4046

INDEX

Human Resources Department; provisions on confidentiality and immunity from liability for information released by physicians.
HB 1541. ........................ 1304, 1307, 1632, 1710, 1845, 1870, 2210 Human Resources Department; provisions relating to custody of
unruly or delinquent children, SB 761 .......... 1698, 1830, 1925, 2024, 2076 Human Resources Department; public assistance recipients and applicants
required to undergo testing and seek employment, SB 606..................................... .201,905,972, 1082, 1120 Human Resources Department; regulation of day-care centers, SB 615 ....................................................... 241 Human Resources; programs of community work for persons receiving public assistance, SB 603. ........ 200, 905, 972, 1081, 1098, 3066, 3125, 3920 Human Resources; provisions on services and assignment of rights under Child Support Recovery Act, HB 1408. .................. 1381, 1387, 2016, 2123, 2241, 2530, 2542, 3858 Human Resources; unemployment compensation defined as earnings, child support recovery, HB 1407 .... 1163, 1167,2016,2123,3122,3181,3861 Hunter, Dr. Conway, Jr.; commend, SR 400 ............................ 3121 Hunter, Mrs. Constance; commend, HR 807. ...................... 1996, 2239 Hunting License; not required of Florida residents over 65, SB 494 .................................................... 53, 156 Hyatt, S.E.; compensate, HR 704. .................................... 2801 Hydroelectricity, Small-Scale Development; encourage with State
assistance, HR690 .................... 2210, 2213, 2841, 2843, 3397, 3694

Income Tax; change amounts of standard deductions, HB 654..................................................... 29,36
Income Tax; credits for employing handicapped persons, SB 72 ............................................. No action in 1982
Income Tax; exclude provisions of federal Economic Recovery Tax Act, SB 739 . ...................... 1627, 1703, 1835,2023,2047,2133
Income Tax; provide for certain tax credits for modification
of workplace to employ handicapped, HB 1742 ............................ 1995, 2003, 2838, 2842, 3123, 3301
Income Tax; provisions for individuals to donate portion of tax to U.S. Olympics Committee, SB 732 .............................. 1386
Income Tax; setoff debt collection on refunds, claimant agency include educational authorities, SB 543 .......................... 96, 302, 368, 464, 516
Incompetent Persons; guardian may also serve as attorney, HB 1179 ................................ 72, 75, 205, 252, 309, 376, 377
Indemnification Commission, State; change membership, SB 24 ............................................. No action in 1982
Indemnification for Death of Policeman, Prison Guard; redefine prison guard, HB 1736 ................... 1993, 2003, 2218, 2228, 2880,3005
Indigence; affidavits, court may inquire into the truth, HB 1327 ......................... 357, 362, 2017, 2219, 2224, 2531, 2881, 3047, 3350
Industries for the Blind; redesignate Factory for the Blind, HB 1386 ....................... 1029, 1031, 1392, 1636, 1722, 1745

INDEX

4047

Industry and Trade Department; confidentiality of information on company projects, SB 768 .................................... 1824
Initiative Petition; people have power to enact constitutional amendments, SR243 ................... 87, 155, 209, 258, 291, 1845, 1886, 1904, 2024, 2085
Injury to Person Other Than Accidental; reporting requirements, SB 417 ............................................2211,2966,3920
Inman, Roy L.; commend, SR 403 .................................... 3395
Insanity Plea; criminal cases, provide for guilty but mentally ill, HB 1290 ..................... 1030, 1031, 2840, 2844, 3122, 3170, 3347
Inspection and Emission Requirements, Motor Vehicles; repeal Code provisions, SB 472 .......................................... 40
Inspection, Motor Vehicle Safety; change provisions relating to exemptions, SB 239 .......................... No Senate action in 1982
Inspection of Motor Vehicles; new vehicles exempt for first three years, SB 329....................................... No action in 1982
Inspection of Public Records; change certain provisions, SB 693. .................... 900, 1631, 1707, 1845, 1882, 3205, 3274, 3346, 3413, 3692, 3696, 3867, 3920
Inspection Requirements, Motor Vehicles; repeal certain Code provisions, SB 465. .......................... 25, 44, 56, 62, 63, 78, 90, 91
Inspection Requirements, Motor Vehicles; repeal Code provisions, HB 1156 ..................... 72, 74, 88, 105, 120, 160, 166, 197, 221, 235, 358, 379, 992, 1071
Inspection Warrants; provisions relating to Health Code, SB 684. .................... 849, 1244, 1313, 1402, 1431, 1655, 1722, 1740, 3626, 3636, 3920
Insurance, Automobile Liability; payments for loss of use,
HB 127 ...................................... 641, 860, 917, 949, 1164 Insurance Board Authority, Atlanta; repeal Act creating,
SB 759 .............................. 1698, 2477, 2486, 2850, 3853, 3920 Insurance; clarify investment provisions for nonprofit hospital
service corporations, HB 485 ................ 29, 35, 2213, 2530, 2817, 3348 Insurance Code; additional investments in mortgage securities authorized,
HB1513. .................. 1951, 1955,2214,2226,2531,2881,3057,3351 Insurance Code; standard variation and nonforfeiture provisions,
life insurers, SB 464 .................... 25, 302, 368, 464, 491, 2212, 3920 Insurance Commissioner; prohibited from imposing certain fees,
SB 398 ............................................ No action in 1982 Insurance Companies, Farmers' Mutual Fire; geographic limitations,
HB 1479 ............................ 1909, 1913, 2214, 2226, 2530, 2805 Insurance, Fair Access Act; extend effective date,
HB 1618 ............................ 1694, 1701, 2214, 2227, 2880, 3023 Insurance Funds, Change Provisions; Workers' Compensation,
HB 1034 .......................................... No action in 1982 Insurance, Group Accident and Health; coverage and contracts as agreed
upon between policyholder and insurer, HB616. ...................... .357,361,905,974, 1082, 1156, 1179, 1230 Insurance, Group Health Plans; provisions relating to physician-based plans, SB 406 ......................... No action in 1982 Insurance, Group Life; increase maximum coverage for
dependents, HB 1202 ...................... 240, 247, 905, 974, 1268, 1280 Insurance, Health Benefit Plan for State Employees; relative
to allocation of cost, HR562 ........................ 297, 301, 1171, 1252, 1320, 1360

4048

INDEX

Insurance, Health; mental disorders, coverage requirements, SB 743 ...................................................... 1627
Insurance, Health Plan for Public School Employees; definitions and contribution provisions, HB 153 ................. 62, 2755, 2788, 3137, 3865
Insurance, Health Plan for State Employees; continued coverage after resignation for certain 65 year olds, SB 55 ............ No action in 1982
Insurance, Health; requirements for processing and payment of claims, SB 711 .......................... 1166, 1308, 1396, 1654, 1662, 3415, 3475, 3863, 3920
Insurance, Industrial Life; provisions for issuing policies, SB 5 .............................................. No action in 1982
Insurance Information and Privacy Protection; new Code chapter, SB 364 ............................... 302, 368, 464, 468, 3415, 3486,3920
Insurance, Liability; requirements under Motor Vehicle Safety Responsibility Act, SB 38 ............................. No action in 1982
Insurance, Motor Vehicle Accident; include motorcycles in requirements, HB 1154 ...................................... 357,361
Insurance, Motor Vehicle Accident; increase in premium prohibited, certain circumstances, SB 504. ..................................... 54
Insurance, Motor Vehicle Liability; certain information required of insured, SB 593 .................... 151, 855, 907, 980, 988, 1068, 1082, 1145,3550,3556,3920
Insurance, No-Fault Auto; correlation of benefits, minimum coverage and proof of insurance, SB 207 ......................... 1030, 1091, 3920
Insurance Plan for State Employees; redefine employee, SB 135 ............................................ No action in 1982
Insurance Policies, Automobile Liability; limits under motor vehicle safety Act, SB 208 .................................. 3855, 3920
Insurance Policies; language simplification standards, SB 312 ............................................ 2834,2961, 3920
Insurance Premium Finance Companies; code provisions apply to agents and brokers, certain cases, HB 1237. .................... 1853, 1882, 2213, 2224, 2880, 2960
Insurance Premium Tax, County and Municipal; create study committee, SR366................................... 2002, 2841, 2842, 3122, 3259
Insurance Premiums; taxes, time for payment and reporting requirements, SB 553 ............................................ 98
Insurance; provisions relating to rates, SB 386 ............................................ No action in 1982
Insurance, Rates for Types; definitions, rating, agreements, SB 379........................................ 3549, 3609, 3863,3920
Insurrection; change definition of offenses, HB 95 ............................................ No action in 1982
Intangible Personal Property Tax; prohibit levy, SR 11............................................. No action in 1982
Interest and Usury; override federal preemptions in mortgage, business and agricultural financing, HB 1745 .......................... 2058, 2069
Interest; change rate charged on commercial accounts, SB 380 ...................................... No Senate action in 1982
Interest on Executions for Municipal Taxes; change provisions, HB 1449 .............. 1909, 1913, 2213, 2226, 2531, 2881, 3055
Interest Rate, Bonds Issued by Local Governments; eliminate ceiling, SB 523. ........................ 84, 247, 305, 376, 401, 3854, 3920

INDEX

4049

Interest Rate on Loans; provisions relating to residential second mortgages, SB 666. .................... 435, 641, 859, 916, 922, 1911, 3920
Interest, Unpaid; additonal interest may be charged, certain real estate loans, HB 1447. .................. 555, 563, 905, 975, 1082, 1113
International Association of Lions Club; commend on 60th anniversary, SR 411. ........................................... 3396
Intoxication, Blood Test; procedures, immunity from liability, HB 1299 .............................. 356, 362, 1705, 1836, 1937, 1965
Invasion of Privacy; unlawful to publish name of victim of crime under 17 years of age, SB 511 .... 73, 1173, 1246, 1319, 1320, 3757, 3796, 3920
Investigative Grand Juries with Statewide Jurisdiction; new Code Chapter, SB 467. ....................... .26,205,248,308,313
Iron City; election of councilmen, HB 1272 ...................................... 146, 153, 303,371, 452
Irrigation Systems; change type of equipment required,
HB 1780. ....................... 1993, 2004, 2213, 2229, 3397, 3558, 3861 Irwin County Board of Commissioners of Roads and Revenue; salary,
clerk and secretary, HB 1961 ................. 2759, 2769, 3091, 3103, 3370
Irwin County Deputy Sheriffs; salary, HB 1960 ................................. 2759, 2769, 3091, 3102, 3369

J
Jackson County, Jefferson and Commerce City School Districts; consolidate into single area district, HB 1919. ................. 2418, 2422, 2839, 2847, 3109
Jackson County; time for submitting tax returns, HB1698 ................................. 1379, 1388, 1704, 1838, 1932
Jail, Prison Overcrowding; Governor declare emergency, early release for certain prisoners, HB 1335 ............... 1268, 1276, 1394, 1636, 1722, 1734, 2209
Jefferson, Commerce City and Jackson County School Districts; consolidate into single area district, HB 1919. ................. 2418, 2422, 2839, 2847, 3109
Jefferson County; discounts for early payment of ad valorem taxes, HR657 .................................... 898,904, 1075, 1177, 1301
Jenkins County Small Claims Court; fee for filing claim, HB 1629 ................................. 1069, 1074, 1172, 1251, 1318
Johnson, Carlton; honor, SR 381 ................................ 2529, 3140 Johnson, Dr. Janet K.; commend, SR 399 .............................. 3121 Johnson, Honorable Malcolm P.; commend, SR236. ....................... 62 Johnson, Mr. Ernie; Atlanta Braves Baseball Team Announcer,
introduction, ................................................... 27 Joint Session, General Assembly; Budget Message by Governor,
HR507..................................................23,27, 64
Joint Session, General Assembly; State of the State message by Governor, HR 506.................................................. 23,27, 45
Jones County; consolidate offices of tax receiver and tax collector, HB 908 ........................................... No action in 1982
Jones, Vincent; commend, SR 287. .................................... 571 Judge, Juvenile Court; election and terms of office,
SB 4 .............................................. 3822,3823, 3920 Judge of Superior Court, Chief; power of distribution of appellate reports, laws and
journals, SB 368 .................................... No action in 1982 Judge, Probate; absent due to illness or disqualification, may appoint attorney to
act, SB 285 ................................... No Senate action in 1982

4050

INDEX

Judge, Senior, Superior Court; provisions relating to practicing law and retirement benefits, SB 542 ............................ 96, 565, 642, 866, 980, 1036
Judges, Federal; removal by state legislatures, U.S. constitutional amendment urged, SR 16 ....................................... No action in 1982
Judges, Federal; urge stand for reelection every 8 years, SR275 .......................... 436, 1833, 1926, 2024, 2083, 3856, 3920
Judges, Federal; urge stand for reelection every 8 years, HR 641................................................. 1325,1327
Judges of Courts of Limited Jurisdiction; compensation, SB 763................................... 1698,1831,1925,2024, 2087
Judges of Courts of Limited Jurisdiction; compensation, HB 1847. ....................... 2089, 2095, 2840, 2846, 3398, 3675, 3860
Judges, Probate Court; training requirements, SB 564 .................. 100, 155, 208, 257, 283, 365, 464, 531, 3855, 3920
Judges, State Court, Retired; authorized to perform marriage ceremonies, SB 624 ........................... 242, 970, 1076, 1179, 1200, 3853, 3920
Judges; urged to give more severe penalties to persons convicted of serious crimes, reconfirm HR 161 from 1975, HR589 ....... 557, 564, 1632, 1711, 2240, 2427
Judges; vacancy in office filled by special election if one year or more remains in term, SR 273 .......................... 300, 1310, 1397, 1655, 1845, 1850
Judgment, Civil Cases; consenting parties, jury verdict not required, SB 505 ............................. 55, 857, 907, 1081, 1086, 3089, 3920
Judgment, Lien and Execution; new Code chapter under Attachment, SB 325 ............................................ 2892,3661, 3920
Judicial Sales, Advertisement of; mailing or distribution of information, SB 440 ............................................ No action in 1982
Juries, change number of peremptory challenges, certain trials, SB 671 .................................................. 559,2425
Juries; change time periods for summoning, HB 106 ........................................... 28, 33,2017, 2018
Juries, Grand; authority to issue reports on operation of public offices and institutions, HB 648....................................... 3700, 3703
Juries, Impaneling in Felony Cases; change number and grounds for peremptory challenges, SB 586.............................................. 149
Juries, Oath on Voir Dire; may be administered by judge or clerk, HB 1192 .............................. 147, 152, 365, 447, 573, 649, 819
Juries; special investigative grand juries with statewide jurisdiction, SB467........................................ .26,205,248,308,313
Juries, Special Purpose Grand; Code provisions include consolidated city-county governments, SB 516............................................. 82
Jurors, Coroners'; compensation, HB 732. ......................... 29, 37, 205, 258, 295, 309, 376, 384, 847
Jury Commissioners; compensation, HB 1776 .............. 2059, 2071, 2219, 2229, 2530, 2826, 3094, 3398, 3674
Jury Duty; exemption for undue hardship, provisions relating to chiropractors, SB 327 ...................................... No Senate action in 1982
Jury Duty; persons 65 years of age remain eligible, SB 311 ............................................ No action in 1982
Justice Courts Training Council Act; define justice of peace, SB 199 ............................................ No action in 1982
Justice of Peace; practicing attorneys excluded in definition under Justice Courts
Training Council Act, SB 199 .......................... No action in 1982 Juvenile Court Code; provisions on creation of courts and election and terms of
judges, SB 4 ........................................ 3822,3823,3920

INDEX

4051

Juvenile Court; jurisdiction over certain children over the age of 17, SB 727................................... 1385,1705, 1834, 1937, 1953
Juvenile Court; jurisdiction provisions, definition of designated felony act, HB610 ........ 857,909,981, 1039, 1067, 1082, 1144, 1179, 1218,2812,2964

K
Kampschroeder, Edward R.; compensate, HR 272. ...................................................... 103
Kennesaw, City of; change corporate limits, HB 1728 ................................. 1649, 1651, 2477, 2488, 2860
Kent, Honorable Charles; commend, SR 355 ................................................. 1844, 1997
Kidnapping, Crime of; change certain provisions, HB 1324 ............................ 1084, 1109, 1632, 1709, 1844, 1849
Kidnapping, Parental; Department of Human Resources information utilized for locating child, HB 1406 .... 846, 851, 1310, 1398, 1723, 2241, 2530, 2541, 3860
Kinard, Bobby L.; compensate, HR 585 .................................. 1695, 1703, 2837, 2843, 3257
Kosher Food; requirements relating to advertising, SB 103. ....................................... 1308, 1394, 1722, 1746

L
Labor Commissioner; rules designating safety devices for use in public performances by aerialists, SB 722 ................................ 1305
Labor Department; Correction Services Division created within for pretrial intervention programs, SB 714 ...... 1238, 1706, 1834, 2024, 2075, 3354, 3920
Labor Practices; extend life of Fair Employment Practices Act of 1978 to 1985, SB 477 .......................... 41, 155, 206, 257, 272, 1435, 1619, 3920
LaGrange, City of; change limits of development authority, HB 1404 ...................................... 355, 364, 565,643, 862
LaGrange, City of; extend corporate limits, HB 1744 ................................. 1624,1630, 1704,1839,1935
LaGrange, City of; extend corporate limits, HB 1941 ................................. 2757, 2767, 3091, 3101, 3366
Lamar County Coroner; annual salary, HB 1662 ................................. 1235,1241, 1391, 1638, 1715
Lamar County Coroner; compensation, HB 1804 ................................. 1907,1917, 2215,2231,2512
Lamar County Tax Commissioner; compensation, HB 1663 ................................. 1235, 1241, 1391, 1638,1715
Land in State Ceded to or Owned by U.S.; provisions relating to concurrent jurisdiction, SB 764 ............... 1699, 1831, 1925, 2024, 2074, 3355, 3920
Land Sales Act; regulate sale of subdivided land, HB 1102. ....................... 1435, 1449, 2015, 2122, 2880, 3018, 3861
Landlord and Tenant; dispossessory affidavits before certain justices of the peace, posting of summons, HB 1730. . 1994, 2003, 2217, 2228, 2531, 2881, 3058, 3352
Landlord and Tenant; dispossessory and distress warrant proceedings, HB 1558. ....................... 2059, 2070, 3093, 3097, 3397, 3585, 3859
Landlord and Tenant; dispossessory proceedings, notice to defendant, SB 490 ........................................................ 43

4052

INDEX

Landrum, Honorable Phillip Mitchell; honor, SR 390 ...................................................... 2879
Landscape Architects Board; change termination date, qualifications and exemption provisions, HB 1373 ...... 929, 941, 1309, 1398, 1654, 1661, 2812, 2964, 3272, 3563, 3864
Landscape Architects Board; continue until certain date, SB 577.................................... 147, 440, 566, 649, 865, 879
Lang, Miss Alice Mae "Allie"; congratulate, SR253 ....................................................... 159
Lanier County Superior Court Clerk; salary, HB 817 ............................................... 103, 116, 194
Laurens County, Private Club Alcoholic Beverage Sale; changing population brackets in Act, HB 1483 .................... 1380, 1387, 1704, 1837, 1930
Laurens County Sheriff; compensation, HB 1644 ................................. 1162,1169, 1391,1637, 1712
Laurens County Superior Court; additional costs for Law Library, HB 1782 ................................. 1822,1826,2121,2222,2508
Laurens County Tax Commissioner; compensation, HB1551 ................................... 844, 852, 1172, 1250, 1315
Law Enforcement Agencies; duties relating to public roads and highways, SB 514...................................... .73,905,972, 1082, 1114
Law Enforcement; define career criminal, HB 1284 ............................... 555, 561, 971, 1077, 1268, 1282
Law Enforcement Officers; indemnification for death in line of duty, redefine prison guard, HB 1736 ................. 1993, 2003, 2218, 2228, 2880, 3005
Law Enforcement Officers' Indemnification Program; include emergency medical technicians killed, SB 24 .............................. No action in 1982
Law Enforcement Officers' Procedural Due Process Act; enact, SB 201 ............................................ No action in 1982
Law Enforcement Officers; special appointment procedures when requested by State or local authorities, SB 709..... 1165, 1310, 1395, 1654, 1670, 2475, 3920
Law Enforcement; State Patrol Uniform Division solely responsible for interstate highways, SB 718 .......................... 1239, 1310, 1396, 1654, 1679
Law Libraries; collection of costs required, exempt cities over 300,000 population, SB 654 ........................... 360, 571, 1309, 1395, 1647, 2762, 3920
Law Library, County; use of funds paid to board of trustees, HB 1403. ......................... 558, 563, 1705, 1837, 2126, 2133, 2837
Lawmakers Television Program; commend public network, SR 406 ...................................................... 3140
Lawrenceville, City of; exclude certain property from corporate limits, HB 1182 ...................................... 198, 203, 441, 569, 644
Laws, Georgia; chief judge in circuit may limit distribution, HB 629 ................................... 29, 36, 906, 980, 1026, 2209
Leases, Mineral on State-Owned Lands; authority of Properties Commission, HB 1499 .............................. 875, 888, 1174, 1250, 1320, 1357
Lee County Board of Elections; provide, HB 1640 ................................. 1161,1169,1391, 1637, 1712
Legislation; additional requirements for fiscal notes on legislation, SB 158 ............................................ No action in 1982
Legislation Introduced in General Assembly; time limitations, SR 220 ........................................................ 26
Legislative Educational Research Council; name changed from Georgia Educational Improvement Council, SB 660 . . .434,969, 1076, 1179, 1211,2834,2894,3920
Legislative Retirement System; definition, SB 179 ............................................ No action in 1982

INDEX

4053

Legislative Retirement System; provisions on return to State service after receiving benefits, SB 535 ..................... 86, 1245, 1312, 1402, 1450
Legislative Retirement System; provisions relating to prior service, HB 326 ........................................... No action in 1982
Legislative Service; provide for transfer to Employees' Retirement System, SB 191 ..................................................... 28, 30
Legislative Services Committee; jurisdiction over Capitol mezzanine rooms, SB 282 ............................................ No action in 1982
Lehman, Ralph and Jeff Robinson, Karl Swenson, Jimmy Byrne; commend as Eagle scouts, SR 276 ............................................ 463
Lester, Honorable James L. (Jimmy); commend, HR 938................................................. 3674, 3694
Liability, Relief from; rendering emergency service at scene of accident, HB 190 ........................................... No action in 1982
Liberty County; distilled spirits sale by drink, change population, HB 1896 ................................. 2042, 2066, 2479, 2495, 2875
Librarians Certification Board; change termination date, membership provisions and definitions, HB 1363 ............ 848, 850, 1830, 1927, 2126, 2141, 2836
License Plates; county decal requirements, obstruction of license prohibited, SB 489 ...................... 43, 1706, 1833, 2023, 2050, 3604, 3621, 3920
License Plates; free to veterans who have been prisoners of war, SB 62 ............................................. No action in 1982
License Plates, Motor Vehicles; amateur radio operators, HB 1527 ............................ 2090, 2097, 2482, 2484, 2880, 3017
License Plates, Motor Vehicles; citizens' band radio operators, HB 1529. .................. 2090, 2097, 2482, 2485, 3397, 3406, 3627, 3642
License Plates, Prestige; urge issuance to veterans of foreign wars, SR338................................... 1700,1829, 1926, 3397, 3639
License Plates, Revalidation Decals; increase mailing fees, HB 1307 ............................... 556, 561, 971, 1077, 1179, 1210
Licensed Practical Nurses Board; change termination date, SB 498. .............................. 53, 204, 249, 308, 320, 1070, 3920
Licensed Practical Nurses Employed in State Institutions; compensation, SB 244 ............................................ No action in 1982
Licensed Practical Nurses; qualifications, SB 299 .....................................................28,31
Lien, Judgment and Execution; new Code chapter under Attachment, SB 325 ............................................ 2892, 3661, 3920
Lien on Unclaimed Property Held by Depository; time requirements before auction, HB 902 ........................... 2213, 2224, 3122, 3293, 3859
Liens; establish against agricultural crops, SB 708 ............................................ 1165,1827, 1922
Liens for Services; provisions for services of professional foresters, SB459........................................ .24, 155,206,257,261
Liens, Mechanics'; provisions on filing, notices and enforcement, HB 767. ..................... 558, 560, 1706, 1836, 1937, 1938, 3300, 3303
Liens on Repossessed Motor Vehicles; procedures for disposition, HB 901 ............................. 1952, 1954, 2482, 2483, 3121, 3128
Life Imprisonment; change pardon and parole provisions in proposed Constitution, HR510 . . 929, 941, 1705, 1840, 2240, 2439, 2754, 2772, 2801, 2804, 3066, 3356
Life Insurance Coverage, Group; increase maximum coverage for dependents, HB 1202 ................................ 240, 247, 905, 974, 1268, 1280
Life Insurance; required in certain cases of alimony and child support, SB 37 ....................................... No Senate action in 1982

4054

INDEX

Life Sentence, Prisoners; eligible for parole after serving ten years, SB 190 ...................................... No Senate action in 1982
Life Sentence without Parole; board limited in parole consideration, SR 222.......................................... 43, 88, 105, 120,160
Life Sentence without Parole; provisions for imposition, SB 470 ........................... 39, 88, 104, 120, 121, 2532, 2792, 3920
Life-Sustaining Procedures, Extraordinary; provisions for termination, SB 638 ................................ 245, 255, 1833, 1921, 2024, 2055
Limitation of Actions for Torts; civil liability of firemen, SB 251 ...................................... No Senate action in 1982
Lincoln County Board of Commissioners; compensation of chairman,
HB 1705 ................................. 1379, 1389, 2121, 2221, 2504 Lincoln County Tax Commissioner; compensation,
HB 1795 ................................. 1906, 1916, 2215,2230,2511 Lions Clubs, International Association of; commend on 60th anniversary,
SR411 ...................................................... 3396 Liquid Petroleum Products; relating to blasting near underground pipes,
SB 142 ............................................ 3708, 3733, 3920 Livestock Dealers and Market Operators; license and bonding provisions,
SB 735 ......................... 1626, 1827, 1922, 2024, 2104, 3853, 3920 Living Wills; new Code Chapter, provisions and requirements,
SB 638 ................................ 245,255, 1833, 1921, 2024, 2055 Loans, Education; students in long-term health care nursing programs eligible,
SB 75 ............................................. No action in 1982 Loans, Interest Rate; provisions relating to residential second mortgages,
SB 666 .............................. 435, 641, 859, 916, 922, 1911, 3920 Loans, Real Estate; interest may be charged on unpaid interest, certain cases,
HB 1447 ................................ 555, 563, 905, 975, 1082, 1113 Lobbyists, registered, ............................................. 3358 Local Government; development authorities, ethics of directors,
HB 1308 ............................ 2089, 2096, 2217, 2224,3123, 3333 Local Government; eliminate interest rate ceiling on bonds issued,
SB 523 ............................... 84, 247, 305, 376, 401, 3854, 3920 Local Government; enter agreements with developers for prepayment of
certain taxes, HB 1375 ................. 1908, 1913, 2213, 2225, 2530, 2801 Local Government; law libraries, use of fund paid to trustees,
HB 1403. ......................... 558, 563, 1705, 1837, 2126, 2133, 2837 Local Government; organization requirements for militia districts,
HB 1205 ............................ 1030, 1031, 1393, 1635, 1722, 1802 Local Government; provisions for issuance of refunding bonds,
SB 754 ...................................................... 1697 Local Government; provisions relating to area planning and development
commissions, SB 724........................................... 1385 Long-Term Care Facilities; delete rights of residents to private room
and sitter, SB 501................................................ 54 Long-Term Indebtedness Study Committee; create,
SR 147 .....................................................28,32 Lookout Mountain Judicial Circuit; salary of court reporter,
HB 1811 ................................. 2757, 2766, 3090, 3099, 3362 Lowndes County Board of Commissioners; manner of selection,
HB 1570 ................................... 846, 853, 1172, 1251, 1317 Lowndes County Board of Elections; change population brackets,
HB 1822 ................................. 1990, 2006, 2478, 2490, 2864 Lowndes County, Business License Fee; Board of Commissioners collect,
HR 670 .................................... 965, 969, 1172, 1252, 1372

INDEX

4055

Lowndes County Coroner's Compensation; change population brackets, HB 1823 ................................. 1990, 2010, 2478,2490, 2864
Lowndes County; issue and sell street improvement bonds, HR 777 .................................. 1995, 2011, 2839, 2849, 3219
Lowndes County, Justice of the Peace; jurisdiction of civil cases, HR 669 .................................... 965, 969, 1172, 1252, 1370
Lowndes County Small Claims Court; change jurisdiction, HB 1612 ................................... 964,968,1172,1251,1317
Lumpkin County Board of Education; election of members, SB 756 .............................. 1697, 1829, 1924, 2021, 3088, 3920
Lumpkin County Commissioner; compensation, SB 776 .............................. 2001, 2214, 2222, 2517, 3854, 3920
Lumpkin County Sheriff; compensation, SB 778 .............................. 2001, 2214, 2223, 2520, 3854, 3920
Lumpkin County Superintendent of Schools; appointment by Board of Education, SB 755 .............................. 1697, 1829, 1924, 2021, 3088, 3920
Lumpkin County Superior Court Clerk and Probate Court Judge; compensation, SB 779 .............................. 2001, 2214, 2223, 2521, 3854, 3920
Lumpkin County Tax Commissioner; compensation, SB 777 .............................. 2001, 2214, 2222, 2519, 3854, 3920
Lyon, Greg; commend, SR 327 ...................................... 1651

M
Macon-Bibb County Transit Authority; director bonded with corporate surety, HB 1277 ...................................... 356, 363, 565, 642, 862
Macon-Bibb County Water and Sewerage Authority; electoral districts, HB 1732 ............................ 1380, 1389, 2121, 2221, 2505, 3089
Macon-Bibb County Water and Sewerage Authority; pension plan, HB 1412 ...................... 2037, 2061, 3092, 3097, 3380
Macon, City of; extend corporate limits, HB 1898 .... 2042, 2066, 2479, 2495, 2875 Macon, City of; resident of housing project serve as member
of housing authority, HB 1586 ........... 1068, 1073, 3090, 3097, 3381, 3859 Macon, City of; Firemen and Policemen;
increase pensions for retirees, HR 303........... 440, 570, 650, 866, 916, 917 Macon County State Court Judge and Solicitor;
compensation, HB 1965 ..................... 2760, 2770, 3092, 3103, 3371 Mailing List, State Agency; date on envelopes, HB 71 .......... No action in 1982 Malt Beverages; provide for distribution, HB 79 .............. No action in 1982 Manchester, City of; change corporate limits,
HB 1950 ................................. 2758,2768,3091,3102,3367 Mann, Arthur; compensate, HR 596. .............. 1725, 1726, 2837, 2843, 3258 Manufactured Homes; mobile homes renamed in Uniform Standards Act,
HB 774 ................................. 30, 37, 2016, 2127,2145,3347 Marcus, Honorable Sidney; commend, SR 351 ..................... 1844, 1997 Marietta, City of; date for holding certain elections, provisions
on certain courts, SB 687 ................ 899, 1309, 1395, 1642, 1998, 3920 Marietta, City of; education board members,
appointment, SB 686. ................... 899, 1075, 1175, 1253, 1997, 3920 Marietta, Downtown District; enlarge,
HB 1725 ............................ 1624, 1629, 2477, 2488,2856,3347 Marijuana Dealers; procedures for seizure and
forfeiture of property, HB 1210 ..... 1161, 1167, 2016, 2123, 2240, 2459, 3349

4056

INDEX

Marion County Commissioners; compensation, HB 1928 ................................. 2419, 2423, 2839, 2848, 3110
Marriage Ceremonies; retired State court judges authorized to perform, SB 624 ........................... 242, 970, 1076, 1179, 1200, 3853, 3920
Marriage License Fees; portion designated to fund family violence shelters, SB 525 ...................... 84, 115, 158, 211, 257, 258
Marriage; support "We Believe in Marriage Day", SR 279. ................. 464 Marriage; use of legal surname,
HB 1281 ........... 356, 362, 1173, 1249, 1320, 1347, 1378, 1654, 1674, 1911 Married Persons; redefine domicile,
HB307. ................... 298, 300, 857, 909, 981, 1046, 1067, 1082, 1144 MARTA; acquisition or disposal of property,
HB55. ................................ .28, 32, 115, 160,210,212,433,
866, 893, 927, 3077, 3346, 3411, 3629, 3866 MARTA; enter lease agreements concerning mass commuting vehicle,
HB 1488 ................................. 1435, 1449, 2014,2124,3002 MARTA; use of proceeds of certain taxes, bonds and certificates,
SB 762 .............................. 1698, 1833, 1925, 2024, 2097, 2106 Martin, Mrs. Royce Ann; commend, SR 257............................. 254 MARTOC (Metropolitan Atlanta Rapid Transit Overview Committee);
extend to 1984, HR542 ..................... 1163, 1391, 1640, 1845, 1885 Master and Servant; certain payments operate as release from claims, repeal
criminal negligence section on railroad employees, SB 97 ............... 109 Mattingly, Honorable Mack and Honorable Jack Brinkley; commend,
SR 296 ................................... 850, 1830, 1926, 2240, 2472 Maxeys, City of; change terms of mayor and councilmen,
HB 1952 ................................. 2758, 2768,3092,3102,3368 McDaniel, Honorable Charles; commend, SR 356 .................. 1844, 1997 Meat Inspection Act; penalty for distribution of
adulterated articles, HB 1355 ................ 357, 363, 904, 975, 1179, 1214 Medal Honoring Anniversary of Founding of Georgia; urge Congressional
Delegation to persuade Treasury Department to produce, SR307 .................... 1072, 1310, 1397, 1655, 1722, 1764 Medicaid Dental Program; urge funds to relieve constraints, SR 407......... 3395 Medicaid Program; support position of National Conference of State Legislatures and Governors Association, SR 59 ...................... No action in 1982 Medical and Hospital Service Corporations, Nonprofit; investments, HB 485 ................................. 29, 35, 2213, 2530, 2817, 3348 Medical Assistance Act; disclosure of confidential information unlawful,
SB 104 ............................................ No action in 1982 Medical Assistance Act; family supplementation of payments for health care,
HB 1204 ............................ 1725, 1726, 2216, 2224, 3397, 3553 Medical Assistance Act; prevention of conflicts of interest,
SB 139 ...................................... No Senate action in 1982 Medical Assistance Act; provisions on time limitations on claims,
SB 76 ............................................. No action in 1982 Medical Assistance Board; ensure pharmacy providers receive share of
appropriate funds, SR315 .............. 1166, 1393, 1635, 1723, 1937, 1960 Medical Education Board; commend along with other sponsors for Medical Fair,
SR 322 ...................................................... 1400 Medical Examiners Board; change termination date, create Physician's Assistants
Advisory Committee, abolish Orthotists Code Chapter, SB 604 ......................... 201, 365, 445, 572, 628, 2834, 2969, 3920 Medical Examiners Board; change termination date, provisions relating to doctors, physician's assistants and orthotists, SB 561 ........... 99, 365, 444, 572, 605

INDEX

4057

Medical Fair; commend sponsoring organizations and efforts to meet health needs of rural Georgia, SR 322 ....................... 1400
Medical Technicians, Emergency; indemnification if killed in line of duty, SR 10 ............................................. No action in 1982
Meditation and Allegiance to Flag; local education boards urged
to authorize period, HR 602. .................................. 297, 302 Meditation, Voluntary; provide for in public schools, SB 704. .............. 1072 Meetings Open to Public; advance notice required, General Assembly
come within provisions, SB 532 ............. 85, 441, 566, 649, 835, 954, 955 Meetings Open to Public; change certain requirements,
General Assembly come within provisions, SB 533. . 86, 441, 566, 649, 865, 867 Meetings Open to Public; change requirements for State departments
and boards, SB 683 ........... 849, 1173, 1247, 1319, 1329, 3757, 3807, 3920 Meetings Open to Public; General Assembly come within provisions, change
provisions relating to attorney-client relationship, SB 534 ................................. 86, 441, 566, 649, 865, 875, 896 Members, General Assembly; certain conduct unlawful, HB 888 . No action in 1982 Mental Health; emergency receiving facilities, physicians' examinations and use of restraints, HB 1274 ............. 897, 902, 1919, 2019, 2240, 2466 Mental Health Study Commission; create, SR 228.......... 56, 205, 251, 309, 348 Mentally 111, Hospitalization; examination, reports, complaint procedures, SB 389 ......................... No action in 1982 Mercer University Moot Court Teams; commend, SR401 ................. 3121 Merit System of Personnel Administration; exclude certain State Patrol positions from classified service, SB 476 ....... 40, 156, 206, 257, 271, 1854, 1877, 3920 Merit System; provisions relating to adverse actions, SB 344...................................... 247,308, 310, 1625, 3920 Merit System, State; provisions relating to employees involved in reduction in force, SB 56 ...................................... No action in 1982 Merit System; urge review and upgrade of certain salaries of Natural Resources employees, SR 168 ............................ 28, 32 Meriwether County Justice of the Peace; dollar amount of civil cases, HR636 ......................... 847, 854, 1075, 1177, 1299 Metals, Precious; regulate dealers, SB 20 .................... No action in 1982 Metals, Precious; regulate dealers, SB 106 ................... No action in 1982 Methaqualone; criminal penalties relating to possession and distribution, SB 479 ........................... 41, 88, 104, 120, 128, 2533, 2763, 3920 Methvin, Charles Bates; honor, HR 791 .......................... 1995, 2238 Methvin, Charles Bates; honoring life and work, SR 360 .................. 1948 Metropolitan Atlanta Rapid Transit Authority: SEE MARTA. Metts, James Clayton, Dr.; regrets of passing, SR 337. .................... 1721 Midyear Adjustment Reserve; one percent of net revenue collections of prior year available for appropriation, SB 663 .................. 435, 904, 973, 1082, 1156, 1179, 1217, 3853, 3920 Military Duty; provisions relative to pay of public officers and employees, SB 391 ............................................ No action in 1982 Military Installation; timber sale proceeds to local government and schools, HB 1474. ....................... 1909, 1913, 2015, 2124, 2241, 2530, 2559 Military, Police Duty; women not exempt, HB 1206. ......................... 821, 841, 1311, 1398, 1723, 2127, 2155 Militia Districts; formation and organization requirements, HB 1205 ............................ 1030, 1031, 1393, 1635, 1722, 1802 Millage Rate, Property Tax; increase by counties prohibited if previous digest increased, SR 262 ......................................... 246

4058

INDEX

Millage Rates for Taxes; determination of by political subdivisions, SB 228 ............................................ No action in 1982
Milledgeville; conveyance of State-owned property, SR29. ...... 3708, 3741, 3921 Miller, Chris; compensate, HR 244 .................................... 103 Miller County; Board of Commissioners,
compensation, HB 1304 .......................... 199, 204, 303, 371, 453 Miller County; conveyance of interest in real property,
HR 536 ............................... 211, 236, 367, 447, 573, 649, 822 Milner, City of, Mayor and City Council Members; time of election,
HB 1661 ................................. 1235, 1241,1391,1638,1715 Minimum Wage; increase for certain employees, HB 146 ............ 28, 33, 442 Minors; contributing to delinquency, unruliness or deprivation unlawful,
HB 1323. ......................... 929, 941, 1632, 1709, 1845, 1875, 2208 Minors, Deposits in Banks; third party payments,
HB 1550 ............................ 1380, 1387, 1703, 1837, 2126, 2135 Minors; liability of parents for malicious acts by children,
change maximum, SB 673 ................................... 559, 1079 Minors; sale or display of harmful materials,
definitions, penalties, HB 1473 .................... 2090, 2096, 3357, 3358 Minors; unlawful to publish name if victim of crime,
distribution or display of pornographic material prohibited, SB 511 ...................... 73, 1173, 1246, 1319, 1320, 3757, 3796, 3920
Mitchell County Board of Education; compensation, HB 1857 . . . 1992, 2009, 2478,
2491,2866 Mitchell County; sales tax, one percent for schools,
HR758 ............................. 1995,2011, 2839, 2849,3215, 3352 Mitchell County Small Claims Court; change population provisions,
HB 1813 ................................. 1989, 2005, 2477,2490,2863
Mobile Homes: ALSO SEE Manufactured Housing. Mobile Homes, Uniform Standards Act; redefine as
manufactured homes, HB 774 ............... 30, 37, 2016, 2127, 2145, 3347 Molena, City of; new charter, HB 1908 ............ 2143, 2170, 2479, 2495, 2876 Montgomery County Board of Commissioners; election,
HB 1564 ................................... 845, 852, 1172, 1250, 1315 Moore, Mrs. Faye; commend, SR 268 .................................. 255 Morast, Frank, Jr.; election to State Transportation Board .................. 195 Morgan County Board of Commissioners; new election districts,
HB 1760 ................................. 1694, 1703,2014,2125,2236 Morgan County Coroner; salary, HB 1758 .......... 1693, 1702, 2014, 2125, 2236 Morgan County Small Claims Court; change jurisdiction,
HB 1759 ................................. 1693,1702,2014,2125,2236 Mortgage Funds; Secondary Market Corporation created to
aid financing, SB 728 .... 1385, 1706, 1834, 2024, 2054, 3343, 3512, 3863, 3920 Mortgage Subsidy Bond Tax Act of 1980; urge Congress take actions,
SR 385................................... 2832,3094, 3095, 3397, 3660 Mortgages, Residential Second; interest rate on loans,
SB 666............................. .435,641,859,916,922, 1911,3920 Mortgages; rights and procedures if mortgagee fails to disburse escrow funds,
SB 443 ............................................ No action in 1982 Moss, C. L. Parkway; designate highway in
Gordon County in honor, HR 592. ........ 1381, 1390, 1706, 1840, 2127, 2142 Motor Carrier; redefine relating to transporting elderly
and handicapped, HB 1385. ............. 1649, 1650, 1832, 1927, 2240, 2458 Motor Contract Carrier; definitions, exclude vehicle transporting certain
feed or vegetables, HB 1276 ................... 432, 436, 642, 860, 916, 919

INDEX

4059

Motorcycles; motor vehicle accident insurance required, HB 1154.................................................. 357, 361
Motorcycles; repeal requirements of headgear and eye protective devices, SB 569 .................................... 112
Motor Fuel Outlet, Retail; provide certain conveniences for travelers, SB 194 ............................................ No action in 1982
Motor Vehicle Accident Insurance; include motorcycles in requirements, HB 1154 .................................... 357, 361
Motor Vehicle Accident Insurance; increase in premium prohibited, certain circumstances, SB 504. ..................................... 54
Motor Vehicle Accident Reparations Act; correlation of benefits, minimum coverage and proof of insurance, SB 207 ............................................ 1030,1091, 3920
Motor Vehicle Certificate of Title Act; delivery time for notice of a security interest, SB 125 ..................................... No action in 1982
Motor Vehicle Certificate of Title Act; salvage motor vehicle, definition, HB 1145. ........................ 72, 74, 88, 105, 120, 160, 164
Motor Vehicle Certificate of Title; exempt vehicles ten or more years old, SB 153 ............................................ No action in 1982
Motor Vehicle Certificate of Title; provisions for application rejection and GBI inspection of rebuilt vehicles, HB 1459. .......................... 846, 851, 972, 1078, 1179, 1191, 1304
Motor Vehicle Certificate of Title; requirements on rebuilt autos, SB 696 ................. 901, 979, 1243, 1313, 1402, 1431, 3415, 3554, 3920
Motor Vehicle Certificate of Title; tax collectors authorized to inspect records, SB 669 ............................. 558, 856, 909, 981, 1048, 2474, 3920
Motor Vehicle Liability Insurance; certain information required of insured, SB 593. .......... 151, 855, 907, 980, 988, 1068, 1082, 1145, 3550, 3556, 3920
Motor Vehicle License Plates; county decal requirements, obstruction of license prohibited, SB 489 . ...... 43, 1706, 1833,2023,2050,3604,3621,3920
Motor Vehicle License Plates; free to veterans who have been prisoners of war, SB 62 ....................................... No action in 1982
Motor Vehicle License Plates; Revalidation Decals; increase mailing fee, HB1307 ............................... 556, 561, 971, 1077, 1179, 1210
Motor Vehicle License Plates; special tags for civil defense personnel, SB 293 ............................ No action in 1982
Motor Vehicle License Plates; street rods and antique cars, HB 578 ..................................... 29, 36, 642, 866, 917, 942
Motor Vehicle Licensure and Registration; exemptions for nonresidents, HB 739 ............................. 1267, 1276, 1706, 1836, 2127, 2198
Motor Vehicle Licensure and Registration;
penalty for failure to apply, SB 81. ...................... No action in 1982 Motor Vehicle on Public Street; maximum gross weight,
HB 906 ........................................... No action in 1982
Motor Vehicle Operators; amateur radio operators, license plate provisions, HB 1527. ........ 2090, 2097, 2482, 2484, 2880, 3017
Motor Vehicle Operators; citizens' band radio operators, license plate provisions, HB 1529................... 2090, 2097, 2482, 2485, 3397, 3406, 3627, 3642
Motor Vehicle Operators; duty of ordinary care to passengers, SB 608 .............................. 201, 365, 445, 572, 629, 3353, 3920
Motor Vehicle Operators; mandatory driver's license suspension, certain nolo contendere cases, SB 647. .................................... 359
Motor Vehicle Operators; report of accident to insurer required, SB 281 ............................................ No action in 1982

4060

INDEX

Motor Vehicle Parts Dealers, Used; liability insurance requirements, SB 643 ......... 299, 442, 568, 649, 865, 892
Motor Vehicle Registration; provisions for temporary permits, HB 1557 .............................. 897, 902, 1246, 1314, 1401,1415
Motor Vehicle Safety Inspection Act; change provisions relating to exemptions, SB 239 ................... No Senate action in 1982
Motor Vehicle Safety Inspection and Emission Inspection Requirements; repeal Code provisions, SB 472..................................... 40
Motor Vehicle Safety Inspection; new vehicles exempt from requirements for three years, SB 329 ............................... No action in 1982
Motor Vehicle Safety Inspection Requirements;
repeal certain Code provisions, SB 465 .......... 25, 44, 56, 62, 63, 78, 90, 91 Motor Vehicle Safety Inspection Requirements;
repeal Code provisions, HB 1156 ............. 72, 74, 88, 105, 120, 160, 166, 197, 221, 235, 358, 379, 992, 1071
Motor Vehicle Safety Inspection Study Committee; create, SR 339 ............................. 1700, 1831, 1926, 2126, 2135
Motor Vehicle Safety Responsibility Act; liability insurance requirements, SB 38 ............................................. No action in 1982
Motor Vehicle Safety Responsibility Act; policy limits for destruction to property of others, SB 208 .................................. 3855, 3920
Motor Vehicle Safety Week; third week of November, SR 310 ............. 1166, 1310, 1397, 1654, 1681,2835,3921
Motor Vehicle, Weapon Used in Crime; disposition provisions, SB 434 ............................................ No action in 1982
Motor Vehicles, Abandoned; notification to lienholders before removal or storage, SB 595. ....................................... 151, 205, 251, 309, 336
Motor Vehicles, Abandoned; procedures, fees and notices, SB 623 .............................. 242, 642, 858, 916, 920, 2474, 3920
Motor Vehicles, Abandoned; removal and disposal, change certain provisions, SB 765. ................................ 1699
Motor Vehicles; driver's license, deduction of assessed points, certain cases, SB 599 .............................. 200, 442, 566, 649, 865, 880, 1310, 1402, 1453, 3708, 3735, 3920
Motor Vehicles; driver's license suspension and punishment provisions
16 and 17 year olds and habitual violators, SB 519 .......................... 83, 367, 443, 572, 594, 3604, 3647, 3920 Motor Vehicles; driving under influence of alcohol or drugs, penalty provisions, SB 559 ......................... 99, 367, 444, 572, 603 Motor Vehicles; firms selling flashing lights provide information to law enforcement agency regarding purchasers, SB 736................................... 1626,1831,1922,2024,2113 Motor Vehicles; hitchhikers, prohibited on highways, SB 705 .... 1072, 1244, 1313 Motor Vehicles; homicide by vehicle, change penalty, SB 648 ............... 359 Motor Vehicles; homicide by vehicle, provisions, SB 699.............................. .901,1080,1173, 1247, 1319, 1335 Motor Vehicles; material on windows obstructing vision unlawful, HB 1583 ................................................ 1953, 1956 Motor Vehicles; material reflecting or opaque prohibited on windows, certain cases, SB 621 ............................ 242, 367, 445, 572, 630 Motor Vehicles; maximum speed limits adjacent to construction site, SB 667. ............... 435, 642, 859, 917, 940, 2833, 3920 Motor Vehicles; procedures and courts of jurisdiction for traffic offenses, SB 570 .................................. 112, 857, 907

INDEX

4061

Motor Vehicles; procedures for handling violations, SB 77 ....................................... No Senate action in 1982
Motor Vehicles; provisions for towing, SB 627. ......... 243, 642, 858, 1402, 1451 Motor Vehicles; redefine habitual violator,
HB 1554 ............................... 847, 851,972, 1078,1269, 1287 Motor Vehicles, Repossessed; liens, procedures for disposition,
HB 901 ............................. 1952, 1954, 2482, 2483, 3121, 3128 Motor Vehicles, Traffic Offenses; penalties for violations,
HB 580 .................................. 3094,3095, 3396,3402,3858 Motor Vehicles Used by Railroads; safe condition and operation,
SB 448 ............................................ No action in 1982 Motor Vehicles; weight limitations when on city streets,
SB 294 ............................................ No action in 1982 Motor Vehicles with Flashing Lights; emergency medical technicians authorized to
use, certain cases, SB 25 .............................. No action in 1982 Motor Vehicles with Flashing Lights; use of by certain
individuals, HB 170 ............................. 1632, 1708, 3122, 3275 Moultrie-Colquitt County Development Authority; amount of interest
on bonds issued, HR 634 ................. 847, 854, 1705, 1840, 1981, 2090 Mountain Judicial Circuit; District Attorney's Investigator, compensation,
HB 1097 ......................................... 303, 370,453, 1070 Mountain Park, City of; new charter, HB 1480 ...... 1068, 1073, 1631, 1709, 1841 Mountville, City of, Water Authority, create,
HB 1635 ................................. 1160,1169,1309,1399,1648 Moving Expenses, State Employees Transferred; reimbursement provisions,
SB 59 ............................................. No action in 1982 Multi-level Distribution Companies; redefine, HB 516 ......... No action in 1982 Municipal Corporations; new Code Chapter relating
to home rule, SB 255 ................................. No action in 1982
Municipal Election Code; change certain provisions, SB 685 ..................... 849, 1173, 1247, 1319, 1333, 2834, 2907, 3920
Municipal Taxes, Interest on Executions; change provisions, HB 1449. ....................... 1909, 1913, 2213, 2226, 2531, 2881, 3055
Municipalities; also SEE Cities. Municipalities, Certain Grants; allowed to file late certification, certain cases,
HB 1563 ............................ 1084, 1109,2015,2124,2240,2453 Municipalities, Counties; procedures for consolidation,
referendum requirements, SR 343 ................................ 1701 Municipalities, Population of 600 or More; reenact Act relating to
street improvements, SB 717 ....... 1239, 1631, 1707, 1845, 1880, 3853, 3920 Museum, African-American; urge support for establishment, SR 301 .... 916, 1381 Museum of Art at University of Georgia; designate as State Museum,
SR 331................................... 1699,1830,1926, 2024, 2105 Museum of Art at University of Georgia; designate as State Museum
of Art of Georgia, HR 782. ............. .2060,2071,2837,2843,3123,3341 Museum, State; urge use of Georgia Railroad Freight
Depot in Atlanta, SR364. ............... 2002, 2217, 2223, 2530, 2881, 3042 Music Industry Committee; create, SR288 ........... 638, 971, 1077, 1179, 1187 Mutual Aid Resource Pacts for Fire Protection;
participants, HB 1292 .................... 147, 153, 365, 447, 573, 649, 821

4062

INDEX

N
National Conference of State Legislatures and Governors Association; support position on Medicaid Program, SR 59 ............................................. No action in 1982
Natural Resources Department; change certain game and fish provisions and requirements, HB 1525 ............................ 1216, 1920, 2019, 2127, 2200, 2754, 2787, 3205, 3262, 3595, 3865
Natural Resources Department; distribute boat safety provisions to those registering vessel, SB 488. .................................. 43
Natural Resources Department Employees; urge Merit System to review and upgrade certain salaries, SR 168...................... 28, 32
Natural Resources Department; provisions on snakes, saltwater fishing or crabbing and seizure of certain property, SB 596 ......................... 151, 857, 907, 980, 984, 3805, 3816, 3920
Natural Resources Department; senior citizens authorized discount on camping fees at State parks, SB 515..................................... 82,1831,1921, 2024, 2080
Natural Resources Department; unlawful traps, SB 378 ............................................ No action in 1982
Natural Resources; monitor and record use of ground water, HB 1109 ..................... 109, 366, 447, 573, 648, 812, 899, 939, 1090, 1099, 1384, 1457
Natural Resources; monitor and record use of ground water, HB 1110 ..................... 109, 366, 447, 573, 648, 814, 899, 939, 1091, 1099, 1384, 1460
Nealy, Kenneth; congratulate, SR 392................................. 2879 New Federalism Committee; create in Senate to study restructuring
federal revenues, SR 410. ....................................... 3356 Newton County Board of Education; repeal Act fixing
compensation, HB 1877 ..................... 2040, 2064, 3091, 3100, 3364 Newton County; conveyance of State-owned property,
SR29 ............................................ .3708,3741,3921 Newton County, Homestead Exemption; repeal Act on time
of filing, HB 1876 .......................... 2040, 2064, 2838, 2846, 3108 Newton County, Homestead Exemption; residents and certain
elderly and disabled, HB 753 ....... 1910, 1915, 2839, 2849, 3212, 3333, 3483 Newton County Probate Court; jurisdiction over violation of
ordinances, HB 1622 ....................... 1068, 1073, 1391, 1637, 1712 Nimmer, Stephen Dow; regrets at passing,
SR 285 ....................................................... 571 Nobles, Reese, Jr.; commend, SR 412 ................................. 3396 No-Fault Auto Insurance; correlation of benefits,
minimum coverage and proof of insurance, SB 207 ......... 1030, 1091, 3920 North Georgia Mountains Authority Former Employees;
purchase credit into Retirement System, SB 58 ............ No action in 1982 Notaries Public; provisions on renewal, seal of office
and conduct, HB 1421. ................. 2090, 2096, 3092, 3097, 3397, 3641 Notify Governor General Assembly has convened,
HR 503..................................................... 23, 24 Notify House that Senate has convened,
SR 218 ........................................................ 24 Notify Senate that House has convened,
HR 502. ....................................................... 23

INDEX

4063

Nuisances, Abatement of; proper venue, HB 111 ........................................... No action in 1982
Nurse for Session; Pamela Acree, ...................................... 26 Nurses Association; commend, SR 394 ................................ 2879 Nurses, Licensed Practical Employed in State Institutions;
compensation, SB 244. ............................... No action in 1982 Nurses, Licensed Practical; Examining Board;
change termination date, SB 498 .......... 53, 204, 249, 308, 320, 1070, 3920 Nurses, Licensed Practical; qualifications,
SB 299 ..................................................... 28,31 Nursing, Board; continue but later terminate,
SB 499 ............................... 53, 205, 249, 308, 321, 2833, 3920 Nursing Home Care; family supplementation of payments
under medical assistance, HB 1204 ............................ 1725, 1726, 2216, 2224, 3397, 3553 Nursing Homes for Veterans; Department collect fees from residents for services rendered, SB 16 ............................................. No action in 1982

o
Oath of Juries on Voir Dire; judge or clerk administer, HB 1192 .............................. 147, 152, 365, 447, 573, 649, 819
Obscene Material Harmful to Minors; prohibit sale of, penalties, HB 1473 .............................. 2090, 2096, 3357, 3358
Occupational Therapy Board; continue but later terminate, SB 540 ............................... 95, 205, 250, 308, 324, 2212, 3920
Oconee County Public Utility Authority; filling of vacancies, HB 647............................................... 72
Offender Rehabilitation Department; collection of maintenance cost from prisoners and their estates, SB 181 ............................................ No action in 1982
Offender Rehabilitation Department; contract with Building Authority to construct prisons, SB 609 .............................. 202
Offender Rehabilitation Department; detainers on prisoners, HB 218 ........................ 29, 33, 442, 573, 648, 810, 3857
Offender Rehabilitation Department; personnel subject to polygraph examination, certain cases, SB478........................................ .41,156,207,257,274
Offender Rehabilitation Department; provisions for confinement of prisoners at residence, certain circumstances, SB 182. ........................................... 366,443, 572, 573
Offender Rehabilitation Department; salary increase for correctional officers, SB 558 .................. 99, 366, 444, 572, 600, 2892, 2897, 3920
Offender Rehabilitation Department; time allowed for transfer of prisoners under sentence, SB 372..................... No action in 1982
Offender Rehabilitation; inmates of prisons, responsibility for payment of medical costs incurred, HB 1336 ............................ 1268, 1276, 1394, 1636, 1722, 1791
Offender Rehabilitation; provisions on custody and costs of prisoners, HB 1337 ................. 1324, 1326, 1394, 1636, 1722, 1765, 2206, 2772, 3010, 3020, 3840, 3866

4064

INDEX

Offender Rehabilitation; requirements of probation under special alternative incarceration, HB 1348 ................... 964, 967, 2016, 2123, 3397, 3568
Official Code of Georgia Annotated; amend to provide for revisions and correction of errors, SB 474 .............................. 40, 88, 104, 120, 122, 553, 581, 842
Officials, Elected; office declared vacant upon qualifying for other elective office, SR 14 ............................ No action in 1982
Oil Well, First Commercial Established in State; increase reward, SR 259.................................... 245, 442, 568, 649, 865, 893
O'Kelley, Honorable George L.; commend, HR800................................................. 1996, 2238
Olympics Committee, U.S.; provision for donations from individual income tax designation, SB 732 .......................... 1386
Ombudsman Study Committee, State; create, SR 384........................................ 2832,3094,3397,3615
Open Meetings; delete constitutional provisions allowing exceptions by rule in General Assembly, SR 246 ...................... 100
Open Meetings; General Assembly sessions, hearings and committee meetings open to public, SR234 .................... 61, 157, 208, 257, 284
Optometry Board; change termination date, provisions relating to meeting times and licensing, SB 583 149, 205, 250, 309, 334, 1030, 1157, 3920
Oral Testimony Excluded, Criminal Cases; certain circumstances, SB 580. ....................................... 148, 205, 250, 309, 333
Orthotists Practice; abolish Code Chapter, SB 604 ......................... 201, 365, 445, 572, 628, 2834, 2969, 3920
Orthotists Practice; repeal Code chapter, SB 561......................................... 99,365,444,572,605
Osteopathic Medicine Colleges; grants to students for study, SB 710 .................... 1165, 1309, 1396, 1655, 1722, 1769, 3354, 3920
Outdoor Advertising; permits for trimming vegetation near highways, repeal Code section on Citizens Advisory Council, SB 513. ......................................... 73, 89, 105, 120, 133
Owens, U. S. Judge Wilbur; condemn, SR 40 ............................................. No action in 1982

P
Palmetto High Football Team; commend, SR 256. ........................ 210 Pardons and Paroles Board; early release for prison inmates,
overcrowding emergency declared by Governor, HB 1335. ....................... 1268, 1276, 1394, 1636, 1722, 1734, 2209 Pardons and Paroles Board; inmates serving life sentence eligible for parole after serving ten years, SB 190 .............. No Senate action in 1982 Pardons and Paroles Board; prohibition and limitations on parole consideration, certain cases, SR 222 .............................. 43, 88, 105, 120, 160 Pardons and Paroles; conditions for granting in certain life sentence cases in proposed Constitution , HR510 . . 929, 941, 1705, 1840, 2240, 2439, 2754, 2772, 2801, 2804, 3066, 3356 Pardons and Paroles; relating to armed robbery and deleting earned time provisions in proposed Costitution, HR 510 . . 929, 941, 1705, 1840, 2240, 2439, 2754, 2772, 2801, 2804, 3066, 3356 Parent, Guardian; liability for malicious acts of child, HB 1450. ......................... 929, 941, 1632, 1709, 2126, 2130, 2836

INDEX

4065

Parents, Cruel Treatment by; repeal Code, HB 83...................................................... 28,32
Parents; liability for malicious acts of children, change maximum amount, SB 673 .................................................. 559,1079
Parking, Handicapped; provisions for institutional permits, SB 74 ............................................. No action in 1982
Parole, Certain Life Sentence Cases; prohibited if stated injury verdict, SB 470 ........................... 39, 88, 104, 120, 121, 2532, 2792, 3920
Parole, Certain Life Sentence Cases; prohibitions and limitations on board, SR222. .........................................43,88,105, 120, 160
Parrish, Emory C., Honorable; relative to, SR 323 ....................... 1721 Partain, J. O.; commend, SR 379 ..................................... 2529 Partnership Names, Trade; registration,
HB 98 ............................................ No action in 1982 Passengers in Motor Vehicle; operator owes duty of ordinary care,
SB 608 .............................. 201, 365, 445, 572, 629, 3353, 3920 Paulding County, Homestead Exemption; 65 year olds,
SR 266.................................. 246, 303, 370, 549, 2045, 3921 Paulding County Tax Commissioner; compensation,
HB 1891 ................................. 2041,2065,2838,2846,3108 Peace Officers' Annuity and Benefit Fund; amount paid to beneficiary,
HB 1313 ............................ 1303, 1306, 1633, 1709, 1937, 1957 Peace Officers' Annuity and Benefit Fund; collection of moneys,
SB 169 ............................................ No action in 1982 Peace Officers' Annuity and Benefit Fund; disability benefits,
HB 1314 ............................ 1435, 1449, 1633, 1709, 1937, 1973 Peace Officers, Court Attendance by; change amount paid,
HB 1358 .................................. 298,301,642,860,917, 944 Peace Officers' Standards and Training; change council membership, personnel
defined as peace officers, HB 1490. ......... 846, 851, 1244, 1314, 1401, 1403 Penal Institutions Fund; authorize General Assembly create to construct and
maintain institutions, SR 224 ...................................... 43 Penal Institutions Fund; create for use in constructing and maintaining prisons,
SB 609 ....................................................... 202 Penal System Study Committee; create,
SR342................................... 1700,1831,1926,2127,2159 Pension Issues Task Force; create,
SR 112 ............................................ No action in 1982 Performing Arts Center at Georgia State University; urge establishment,
SR 94 ............................................. No action in 1982 Perry Redevelopment Authority; repeal Act creating,
HB 1626 ................................. 1069,1074, 1309,1399, 1647 Personnel Administration, State; exclude certain State Patrol
positions from classified service of Merit System, SB 476 ......................... .40, 156,206,257,271, 1854, 1877,3920 Personnel Board, State; provisions relating to adverse actions, SB 344...................................... 247, 308, 310, 1625, 3920 Petroleum Products, Sale of; gasoline sales to handicapped persons, requirements, SB 219 ................................ No action in 1982 Pharmacy Board; add two members, SB 123 ............................................ No action in 1982 Pharmacy Board; change termination date, qualifications of members and licensing provisions, HB 1261 .... 1216, 1393, 1636, 1722, 1793, 2755, 3127, 3271, 3334, 3709, 3865

4066

INDEX

Pharmacy Board; licensing and disciplinary provisions, HB 1435 .................. 1999, 2011, 2216, 2225, 2880, 2888, 3627, 3660, 3702,3709,3751,3866
Pharmacy Board; membership and voting provisions, SB 600 ....................................................... 200
Pharmacy Code; penalty provisions for unlawful use of drug related objects, SB 10 ...................................... No action in 1982
Pharmacy Providers; receive pro rata share of funds appropriated to Medical Assistance Department, SR315.............................. 1166,1393, 1635, 1723, 1937, 1960
Physical Injury by Other Than Accidental Means; change requirements on reporting, SB417 ........................................... .2211,2966,3920
Physical Therapy; powers of board, licensing requirements, HB 904. ........................ 1324, 1326, 2216, 2224, 2531, 2881, 3045
Physician-Based Group Health Insurance Plans; provisions, SB 406. .................................. No action in 1982
Physician's Assistant Act; amend relating to number under supervision of one person, HB 1074 ......................... 898, 902, 1244, 1313, 1654, 1656, 1691, 1723,3122,3284
Physician's Assistants Advisory Committee; create, SB 561......................................... 99, 365,444,572,605
Physician's Assistants Advisory Committee; create, SB 604 ................... 201, 365, 445, 572, 628, 2834, 2969, 3920
Physicians; release certain information to Human Resources Department, HB 1541 .................. 1304, 1307, 1632, 1710, 1845, 1870, 2210
Physicians Serving as Medical Advisers to Ambulance Service; immune from civil liability, HB 84 ................................. 28, 33, 210, 366, 464, 533, 1383
Pickens County Commissioner; compensation, HB 1786 ................................. 1905,1915,2215,2229,2509
Pickens County Probate Court Judge; compensation, HB 1789 ................................. 1905, 1916,2215,2230,2509
Pickens County Sheriff; compensation, HB 1790 ................................. 1906,1916, 2215,2230, 2510
Pickens County Superior Court Clerk; compensation, HB 1787 ................................. 1905,1915,2214,2229,2525
Pickens County Tax Commissioner; compensation, HB 1788 ................................. 1905, 1916, 2215,2230, 2509
Piedmont Judicial Circuit Superior Court Judge; supplemental compensation, HB 1766. ......... 1821, 1825,2121,2221,2507
Piedmont Judicial Circuit Superior Court Judge; supplemental compensation, HB 1798. ......... 1906, 1917, 2215, 2231, 2512
Pierce County Board of Education; referendum for selection, HB 1937 ...................... 2420, 2424, 2479, 2496, 2878
Pierce County School District Taxes; exemption for 62 year olds, HR639. ......................... 848, 854, 1829, 1928,2110
Pike County Probate Court Judge; compensation ............................. 2041, 2065, 2478, 2494, 2872
Pike County Sheriff; compensation, HB 1882 ................................. 2040, 2064, 2478, 2493, 2872
Pike County Small Claims Court; costs and fees, HB 1881 ................................. 2040, 2064, 2478, 2493, 2872

INDEX

4067

Pike County Superior Court Clerk; compensation, HB 1886 ................................. 2041, 2065, 2478, 2494, 2873
Pike County Tax Commissioner; compensation, HB 1884 ................................. 2041, 2065, 247S, 2494, 2873
Pilots; increase number licensed for Port of Savannah, SB 226. ........................... ..28, 30, 115, 160, 187,211,257,261
Pine Lake, City of; homestead exemption, HR663 ................................... .965,969, 1631,1711,1900
Pitner, Mrs. Nell Florence Edwards; commend, SR 397 ...................................................... 3121
Planning and Budget Office; Energy Research and Development Council created, HB 1390. ....................... 1649, 1650, 1828, 1927, 2240, 2451, 3349
Plea of Insanity; provide for plea of guilty but mentally ill, HB 1290. .................... 1030, 1031,2840,2844,3122, 3170,3347
Plumbers; licensing provisions, HB 137 .............................. 28, 33 Podiatrists; include as practitioner under pharmacy
and controlled substances Code sections, SB 517 ............................... 82, 205, 249, 308, 323, 1823, 3920 Podiatry Board; change termination date, definitions and procedures, SB 592 .................... 150, 365, 445, 572, 626, 2211, 3920 Police, Military Duty; women not exempt, HB1206. ........................ .821,841, 1311, 1398, 1723,2127,2155 Policemen, Special; appointment procedures when requested by State or local authorities, SB 709 ......................... 1165, 1310, 1395, 1654, 1670, 2475, 3920 Political Parties; power of taxation to assist in maintenance and development, SR 148 .................. No action in 1982 Political Parties; procedure and authority for taxpayers to designate contribution, SR 283. ................ 560, 905, 974, 1081, 1099 Polk County Board of Commissioners; salary, HB 1879 ................................. 2040, 2064, 2478, 2493, 2871 Polk County, Justice of the Peace; civil jurisdiction, increase to $500, SR 267.................... 247, 303, 370, 552, 1237, 3921 Polk County Sheriff; number of deputies employed, SB 631.................................. 244, 441, 567, 643, 1237, 3920 Polk County State Court; abolish, HB 1948 ................................. 2785, 2768, 2839,2848, 3112 Polk County State Court; compensation of judge, SB 431 ............................................ No action in 1982 Polk County Superior Court Clerk; additional compensation, HB 1801 ................................. 1907,1917,2215,2231,2512 Poll Officers, Elections; compensation in counties over 200,000 population, HB 1532 .............................. 635, 639, 1173, 1250, 1320, 1359 Polling Places, Election Code; display flag, SB 429 ..................................................... 28,31 Polygraph Examiners, Board; continue until certain dates, SB485. ......................... 42, 115, 157,210,236,3855,3920 Pooler, Town of; additional member of aldermanic board, salary of members and mayor, SB 665. ........................................... 435,641, 859, 912
Pooler, Town of; extend corporate limits, SB 664 .......................... 435, 1075, 1174, 1253, 1953, 1963, 3920

4068

INDEX

Population Classifications in Code; revise certain sections, HB 1429 ........... 1725, 1726, 2217, 2225, 2531, 2881, 3049, 3350
Pornographic Materials; distribution or display to minor unlawful, SB 511 .............. 73, 1173, 1246, 1319, 1320, 3757, 3796, 3920
Port Wentworth, City of; change corporate limits, HB 1624 ................................. 1069, 1073,1704,1838,1931
Post Mortem Examination Act; amend relating to appeals of coroner's jury verdict, SB 749................................... 1696,1830, 1923. 2024 7O77
Post Mortem Examination Act; compensation of jurors, HB 732. ......................... 29, 37, 205, 258, 295, 309, 376, 384, 847
Post-Mortem Examination Act; liability and procedures for blood test for intoxication, HB 1299.................... 356, 362, 1705, 1836, 1937, 1965
Postsecondary Educational Authority Act; applicability to certain colleges outside State, HB 358..................................................... 29, 34
Poulan, City of; change corporate limits, HB 1871 ................................. 1993, 2009, 2478, 2493, 2870
Powder Springs Downtown Development Authority; modify governing provisions, SR 225................................... 43, 103, 116, 192, 1069, 3920
Power Engineers Licensing Act; regulate the profession, licensing provisions, SB 291 ........................... No action in 1982
Precious Metals Dealers; regulations, change certain definitions and requirements, HB 1495 ............................ 1994, 2002, 2217, 2226, 2880, 3019
Precious Metals Dealers; regulations, permits to operate business, SB 20. .............................. No action in 1982
Precious Metals Dealers; regulations, permits to operate business, SB 106. ............................. No action in 1982
Precious Metals; melting equipment possession prohibited, SB 96 .............................. No Senate action in 1982
Prescription Drugs; sales tax exempt, SR 30 ............................................. No action in 1982
Pressure Vessels, Boilers; inspection and certification for safety, SB 365 ......................... No action in 1982
Pretrial Intervention Program; administered by Correctional Services Divison of Labor Department, SB 714 ......................... 1238, 1706, 1834, 2024, 2075, 3354, 3920
Pretrial Proceedings, Criminal Cases; exclusion of oral testimony if documents not supplied to defense, SB 580........................................ 148,205,250, 309, 333
Pretrial Status of Persons charged with Criminal Offenses; new Code chapter, SB 402 ............................................ No action in 1982
Prichard, William M. "Bill"; recognize, SR 289 ....................................................:..864
Primary Health Care Study Committee; create, SR 26 ....................................... No action in 1982
Prime Agricultural Farmland Study Committee; create, SR 134 ................................ No Senate action in 1982
Prince Charles and Lady Diana of Britain; invite to participate in State anniversary celebration, SR 223 .............................................. 45

INDEX

4069

Prison Guard; redefine relating to indemnification for death in line of duty, HB 1736 ............................ 1993, 2003, 2218, 2228, 2880, 3005
Prison Health Care; recommend state-wide minimum standards, SR 233 ....................... 56, 156, 208, 257, 283
Prison Inmates, Early Release; granted by Pardons and Paroles Board upon declaration of overcrowded condition by Governor, HB 1335 ............. 1268, 1276, 1394, 1636, 1722, 1734, 2209
Prison Inmates; responsibility for payment of medical costs incurred, HB 1336 ................ 1268, 1276, 1394, 1636, 1722, 1791
Prison Reimbursement Act; collection of maintenance costs from prisoners and their estates, SB 181 ............................................ No action in 1982
Prisoners; change earned-time allowances for inmates and habitual offenders, SB 486 ..................................... 42
Prisoners; change maximum amount of earned-time allowances, SB 508 ........................................... 55, 90
Prisoners; change provisions relating to earned time allowance, SB 49................................ No action in 1982
Prisoners; confinement at residence, certain circumstances, SB 182. ........................................... 366,443, 572, 573
Prisoners; detainers filed with Offender Rehabilitation Department, HB 218. ..................... 29, 33, 442, 573, 648, 810, 3857
Prisoners; earned-time allowances accrue after sentence becomes final, SB 585. ........................... 149, 366, 445, 572, 625
Prisoners Employed by Correctional Industries; no compensation, SB 584 .............................. 149, 366, 445, 572, 624, 3855, 3920
Prisoners, Penal Institutions; provisions on custody and costs, HB 1337 .................. 1324, 1326, 1394, 1636, 1722, 1765, 2206, 2772,
3010, 3020, 3840, 3866 Prisoners Serving Life Sentence; eligible for parole after
serving ten years, SB 190. ....................... No Senate action in 1982 Prisoners; time limitations for retrial, certain cases,
SB 50 ............................................. No action in 1982 Prisoners Under Sentence; time allowed for transfer,
SB 372 ............................................ No action in 1982 Private Colleges and Universities Facilities Authority;
members, compensation, HB 589 ............. 1952, 1954, 2216, 2223, 2880, 2912, 3348
Private Detective and Private Security Agencies; regulate, licensing provisions, HB 256.................................... 29, 34
Private Schools Standards Study Committee; create, SR 365 ................................................ 2002
Probate Court Judges Retirement; benefits for surviving spouses, SB 60. ........................ 971, 1076, 1178, 1180, 3088, 3920
Probate Court Judges Retirement System; acceptance of gifts or grants, SB 172 ............................................ No action in 1982
Probate Court Judges; training requirements, SB 564 ............................... 100, 155, 208, 257, 283, 365, 464, 531,3855,3920
Probate Courts; enumerate powers and duties, HB 1724. ....................... 1999, 2013, 2840, 2845, 3123, 3322, 3861

4070

INDEX

Probate Courts; portion of marriage license fees designated to fund family violence shelters, SB 525. .................................. ..84, 115, 158,211,257,258
Probate Courts; requirements for record keeping, SB 582 .............................. 148, 248, 306, 377, 415, 2212, 3920
Probate Judge; absent due to illness or disqualification, may appoint attorney to act, SB 285 ...................................... No Senate action in 1982
Probate Judges; authorized to hold courts of inquiry, SB 701. ......................... 967, 1080, 1173, 1248, 1319, 1339,2835, 2972, 3920
Probate Judges Executive Council; create, SB 567 ......................... Ill, 248, 305, 376, 411, 3708, 3740, 3920
Probated Sentence; judge prohibited in certain sex crime convictions, SB 574. ......................... 113, 1706, 1834, 2024, 2079
Probation; establish community service as a condition of probation for certain offenders, SB 503 ............................... 54, 366, 443, 572, 589, 2212, 3920
Probation; provide for special terms for certain convictions, SB 720 ......................... 1305, 1394, 1634, 1723, 1809, 2833, 3920
Probation; provisions for special alternative incarceration, HB 1348 .............................. 964, 967, 2016, 2123, 3397, 3568
Probation; provisions relating to first offenders, SB 579 ......................... 148, 205, 250, 309, 332, 3065, 3074, 3920
Probation Supervision Fees; impose, certain cases, SB 609 ....................................................... 202
Probation Supervision Fees; proceeds to Penal Institutions Fund, SR 224 ......................................... 43
Probation Supervisors; carry concealed weapons, certain cases, HB 1153. .......................... 165, 188, 366, 447, 573, 649, 816, 898
Probation System; counties over 400,000 may become part of State-wide system, SB 531 ..................... 85, 366, 443, 572, 599, 3707, 3730, 3863, 3920
Professional Engineers; certification and registration requirements, SB 616 .............. 241, 442, 567, 649, 865, 888, 3854, 3920
Professional Engineers; enforcement provisions relating to construction and advertisements, SB 617 ..................... 241, 442, 567, 649, 865, 889, 3284, 3305, 3920
Professional Fund Raisers; definitions, penalties relating to charitable organizations, HB 1055 ............................ 1853, 1882, 2479, 2483, 3397, 3562
Professional Standards Commission; powers and duties, HB 1399 ............................ 1304, 1307, 1393, 1637, 1722, 1739
Professions; consumer reporting agency, clarify exemption from regulations, SB 487 ........................... 42
Professions; used motor vehicle parts dealers, liability insurance requirements, SB 643 .................................... 299, 442, 568, 649, 865, 892
Professors in University System Schools; use of university name in articles or reports prohibited, HB 930............................ No action in 1982
Promotional Contests to Sell Realty or Personalty; lawful with certain requirements, SB 661 .......................... 434, 1243, 1312, 1402, 1441, 3855, 3920

INDEX

4071

Properties Commission, State; powers and duties relating to mineral leases, HB 1499 ....................... 875, 888, 1174, 1250, 1320, 1357
Property; dispossessory proceedings, change certain provisions on where affidavits may be made, SB 744 ............................................ 1695,1830, 1923
Property, Forfeited Relating to Controlled Substances; notification requirements, SB 598 .................. 152, 205, 250, 309, 343
Property Held by Depositories, Unclaimed; time requirements before auction, HB 902 .................................. 2213, 2224, 3122, 3293, 3859
Property, Historic Preservation; definition of facade easement, HB 1638 .............. 2057, 2069, 3093, 3098, 3397, 3616
Property, Homestead; increases in assessment for taxes limited,SB 645 ................................................ 300
Property in Inventory, Ad Valorem Tax; exemptions, application information required, HB 1351................... 1952, 1955, 2213, 2225, 2531, 2881, 3061, 3861
Property in State Ceded to or Owned by U.S.; provisions relating to concurrent jurisdiction, SB 764 ......................... 1699, 1831, 1925, 2024, 2074, 3355, 3920
Property, Landlord and Tenant; dispossessory affidavits before certain justices of the peace, posting of summons, HB 1730. ............... 1994, 2003, 2217, 2228, 2531, 2881,3058,3352
Property; liens for services of professional foresters, SB459. ....................................... .24,155,206,257,261
Property, Liens on Repossessed Motor Vehicles; procedures for disposition, HB901. ................ 1952, 1954, 2482, 2483, 3121,3128
Property; mechanics' liens, change certain provisions, HB 767. ..................... 558, 560, 1706, 1836, 1937, 1938, 3300, 3303
Property; provide for liens against agricultural crops, SB 708 ............................................ 1165, 1827, 1922
Property; provide for tenancies by the entirety, SB 695 ....................................................... 901
Property, Real; architects, liens, SB 646.................................... 359,1310, 1395, 1722, 1729
Property Seized, Criminal Cases; disposition, SB 572........................................ 112,205,250,308,326
Property Seized in Criminal Cases; return to rightful owner, HB 1240 ........................ 557, 560, 1245, 1313, 1402, 1440
Property; seizure and forfeiture proceedings if used in gambling, SB 597 ....................... 151,205,250,309,337
Property; seizure and forfeiture proceedings if used in gambling or dealing in marijuana, HB 1210. ....................... 1161, 1167, 2016, 2123, 2240, 2459, 3349
Property, State, Sale of Surplus; change certain requirements, SB 109 ................................ No action in 1982
Property Subject to Sale for Tax Execution; sheriff give prior notice to owner, HB 1774 ............................ 2089, 2096, 2480, 2485,3122,3206
Property Tax, Ad Valorem; define Fair Market Value in Revenue Code, SB 8 .......................... No action in 1982

4072

INDEX

Property Tax; definition of fair market value exclude real estate commissions, SB 614. ............... 240, 1243, 1312, 1402, 1447
Property Tax, Delinquent; publication of name of taxpayer, SB 65 ................................... No action in 1982
Property Tax, Tangible; allow one or more classes, SR 49 ............................................. No action in 1982
Property Transfer; Baldwin County to Education Board, SR281............................ 559,906,973, 1081,1105,2835, 3921
Property Transfer; Baldwin County to J. P. Stevensand Company, SR229 ................. 56, 367, 446, 573, 648, 805, 1381,3920
Property Transfer; Bartow County, HR707 ........................ 1381, 1390, 1832, 1928,2241,2530,2540
Property Transfer; Butts County, HR 658. ................... 2000, 2013, 2481, 2486, 2880, 3022, 3271, 3329
Property Transfer; Butts County by quitclaim deed, HR577 ........................... .433,440,906,976, 1081,1106, 1383
Property Transfer; Chatham County, mineral lease in Savannah River to Union Camp, HR619 ............................... 898,904, 1174, 1252,1320,1361
Property Transfer; City of Columbus, SR 117 ............................................ No action in 1982
Property Transfer; DeKalb County, HR 710 ............................. 2000, 2013, 2840,2843,3122,3207
Property Transfer; Glynn County easement in Frederica River, SR249. ......................... 113,367,446,573,648,806, 1381,3920
Property Transfer; Habersham County to Education Board, SR250. ........................... 113,906,973, 1082, 1111,2835,3921
Property Transfer; Miller County, HR536 .............................. .211,236,367,447,573,649,822
Property Transfer; Newton County, SR 29 ............................................. 3708, 3741, 3921
Property Transfer; Savannah River, easement to Chatham Service Corporation, HR668 ............................. 1163, 1171, 1832, 1928,2127,2154
Property Transfer; Ware County, HR 624 ............................. 1304, 1308, 1832, 1927, 2127, 2156
Property Transfer; Warm Springs, SR 120 ............................................ 2835,2885, 3920
Property Transfer, Waycross, City of; conveyance of park property to Ware County Hospital Authority, HB 1902 ................................. 2043, 2068, 2479,2495,2876
Property, Unclaimed; relating to Revenue Commissioner taking custody, SB 680 ............................ 638, 905, 973, 1081, 1085, 3854, 3920
Psychiatric Treatment; may be required of parties for prevention of family violence, HB993 ....................... 2059, 2071, 2839, 2843, 3122, 3262
Psychology, Applied; change definition regarding practice, SB 497. ............................. .53,204,249,308,319,2211,3920
PTA Councils, North and South Fulton County; commend, ,SR251 ....................................................... 130
Public Assistance; community work programs for unemployed persons, SB 603 ....................... 200, 905, 972, 1081, 1098, 3066, 3125, 3920
Public Assistance; Human Resources Commissioner delegate authority to Family and Children Services Division Director, HB 1695. .................... 1999, 2012, 2840, 2845, 3123, 3324

INDEX

4073

Public Assistance Recipients, Applicants; required to seek employment, SB 606..................................... .201,905,972,1082, 1120
Public Building Authorities Law; enact, SB 326 ............................................ No action in 1982
Public Buildings Accessible to Handicapped; definitions, standards, SB 342 ................................... No action in 1982
Public Defender; authorized to practice criminal law, certain circumstances, HB 1729 ................ 2058, 2070, 2840, 2845, 3122, 3263
Public Employees; leave of absence for blood donation, HB 1419 ............................ 1084, 1109, 1705, 1837, 2240, 2467
Public Holidays; change observance, SB 507 .................................................... 55, 247
Public Office, Abuse; certain conduct by General Assembly members unlawful, HB 888 ................................... No action in 1982
Public Office; eligibility provisions on mentally incompetent persons and convicted felons whose rights have been restored, SB 95 ............................................. No action in 1982
Public Office; felons, mental incompetents prohibited from holding, SR 25 ...................................... No action in 1982
Public Office, Persons Ineligible; relating to members of armed forces reserve, SB 674. ....................... 637, 1172, 1246, 1319, 1322
Public Office, Vacancy; General Assembly power to fill if left vacant by Governor after 90 days, SR 241......................................... 87, 155, 208, 257, 288
Public Officers; change compensation of judges and district attorneys, SB 475......................................... 40,440, 565, 649, 833
Public Officers, Employees; pay during military duty, SB 391. ............................................. Noactionin 1982
Public Officials Compensated by Fees or Supplement; certain financial statements required, SB 403 ........................... No action in 1982
Public Officials; General Assembly Members, expense allowance provisions, SB 491 .......................... 52, 103, 116, 160, 193, 1085, 1087, 3920
Public Officials, Recall Petitions; change certain requirements, SB 639 ............................... 298, 970, 1076, 1179, 1202, 3066, 3265, 3920
Public Safety Department; abstract of driver's operating record to insurance company limited to current two years, HB 981................................................. 2058,2069
Public Safety Department; postretirement benefit adjustments, certain employees, HB 290 ...................................... 1311
Public Safety Department; provide pamphlets on driving under the influence of alcohol to driver's license applicants, SR238 ............................... 73, 206, 251, 309, 349
Public School Employees' Health Insurance Plan; definitions, HB 153 .................................... 62, 2755, 2788, 3137, 3865
Public School Employees' Health Insurance Study Committee; create, SR 398 ................................................ 3090
Public School Employees' Retirement; disability retirement benefits, membership options, HB 1321 .................... 2090, 2097, 2482, 2484, 2880, 3013
Public School Employees' Retirement System; benefits at 62 years of age with 30 years of service, SB 107 ............................................ No action in 1982

4074

INDEX

Public School Employees' Retirement System; definition, SB 168 ............................................ No action in 1982
Public Schools, Buildings; display of flag and National motto allowed, HB 856 ................. 1384, 1390, 2216, 2224, 3121, 3144, 3348
Public Service Commission; change provisions relating to certificates for radio service, SB 670 ....................................................... 559
Public Service Commission; definition of motor carrier, exclude vehicle transporting certain feed or vegetables, HB 1276 .................................. 432,436, 642,860,916,919
Public Service Commission; provisions relating to fees paid by utilities and corporations, HB 1509 .............................. 846, 851, 1174, 1250, 1320, 1358
Public Service Commission; qualification of member if candidate for other office, SB 243 ............................ No Senate action in 1982
Public Service Commission; requirements for electric utilities converting to coal-fired operation, HB 1400 ................................ 556, 562, 906,975,1082,1112
Public Service Commission, Utility Finance Section Director; qualifications, HB 1630. ......................... 1909, 1914, 2217, 2227,
2880, 2883 Public Service Commission; utility proceedings,
cross-examination of witnesses, SB418 .....................................................28,31 Public Telecommunications Commission; create, SB 124 ............................................ No action in 1982 Public Work; alternative sentence for criminal defendant, HB 1326................................................ 2088, 2095 Pulaski County Education Board; election of members from districts, HR 816 .................................. 2420, 2424, 2839,2850,3223 Pulaski County-Hawkinsville Development Authority; change membership, HB 1874 ...................... 2040, 2063, 2478, 2493, 2870 Pulaski County School District; appointment of school superintendent, HB 1927 ................................. 2419,2423,2839,2848,3110 Putnam and Baldwin County Courts; change to state courts, SR244............................... 100,1310,1396,1655,1722, 1801 Putnam County Board of Commissioners; change population provisions, HB 1839 ............................ 1908, 1919, 2838,2846,3113,3360 Putnam County Coroner; compensation, SB 611..................................202,303,369,448, 1911,3920 Putnam County Court; classified as state court in proposed Constitution, HR 510. ................... 929, 941, 1705, 1840, 2240, 2439,
2754, 2772, 2801, 2804, 3066, 3356 Putnam County Small Claims Court; create,
SB 751 .............................. 1696, 1828, 1924, 2020, 3087, 3920 Putnam County Small Claims Court; create
HB1434 ...................................... 430, 437, 641, 860, 912 Putnam County Small Claims Court; repeal Act creating,
HB 1184 ....................................... 93, 101, 204, 252, 306 Pyramid Companies; redefine,
HB 516 ........................................... No action in 1982

INDEX

4075

Qualification Fees; change provisions in Election Code, HB 364. ................... 2059, 2071, 2480, 2483, 2880, 2884, 3284, 3325
Quitman, City of, Certain Officials; compensation, HB 1956 ..................... 2758, 2769, 3092, 3102, 3368
R
Rabun County Education Board; levy one percent sales tax, SR309 .............................. 1166, 1309, 1397, 1687, 2763, 3921
Rabun County Tax Commissioner; compensation, SB 773 .............................. 1912, 2014, 2122, 2235, 3355, 3920
Raccoon Fur Sellers; licensing requirements, HB 380. ................... 29, 35 Raccoons; provisions for landowners taking and holding, HB 379.......... 29, 34 Racketeer Influenced and Corrupt Organizations Act; racketeering violations
expanded, securities violations included, HB 813 ............................ 30, 37, 2017, 2482, 3122, 3147, 3858 Radio Operators, Amateur; motor vehicle license plates, HB 1527 ............................ 2090, 2097, 2482, 2484,2880,3017 Radio Operators, Citizens' Band; motor vehicle license plates, HB 1529 ....... 2090, 2097, 2482, 2485, 3397, 3406, 3627, 3642 Radio Utilities; definitions, change provisions on issuing certificates, SB 670 . . . 559 Radioactive Waste Management Compact, Southeast Interstate; enact, HB 1391 ............................ 357, 363, 857, 910, 980, 1025 Raglin, Reverend M. L.; commend, SR 374. ............................ 2529 Railroad Companies; urge to provide adequate working conditions, SR 304 .... 967 Railroad Employees; change provisions relating to injuries and venue in cases, SB 184 ............................ No action in 1982 Railroad Employees, Criminal Negligence; repeal Code section under Master and Servant, change section on wages to deceased employees, SB 97. ......... 109 Railroad Property, Special Officers for Protection; bond and commission requirements, HB 1755. ................ 1994, 2004, 2218, 2228, 3122, 3295 Railroad Retirement System; urge congressional budget committee to reject reorganization, SR 359 ...... 1825, 1921, 2018, 2126, 2136 Railroads; use of motor vehicles, safe conditions and operation, SB 448 ................................... No action in 1982 Rapid Transit, Atlanta: SEE MARTA. Real Estate; borrower and lender, right to select attorney, SB 132 ............................................ No action in 1982 Real Estate Commission; change termination date, licensing of brokers and salesmen, HB 1207 .......... 1267, 1276, 1393, 1635, 1722, 1792 Real Estate; regulate sale of subdivided land, HB 1102. ....................... 1435, 1449, 2015, 2122, 2880, 3018, 3861 Real Estate Transactions; discrimination against handicapped persons unlawful, SB 233 ............................. No action in 1982 Realty, Presumption of Gift; child holding father's land seven years, repeal Code section, HB 375. ............................... 2017
Reapportionment; change certain congressional districts, provisions on membership on boards based on residency, SB 725 ................... 1385
Reapportionment; change certain congressional districts, provisions relating to membership on boards based on residency, SB 723 ................. 1305
Reapportionment; change certain senatorial districts, SB 712 ......................... 1166, 1832, 1922,2023,2025,2833,3346

4076

INDEX

Reapportionment Committee, Senate; commend, SR 299 .................................................. 902, 1633
Reapportionment, Congressional; Attorney General requested to institute actions to confirm plan adopted by General Assembly, SR335 .......... 1651
Reapportionment, House of Representatives; change certain districts, HB 1426. ....................... 1621, 1628, 1832, 1927, 2023, 2032, 2476
Rebuilt Motor Vehicles; inspection and identification requirements, SB 696 ................. 901, 979, 1243, 1313, 1402, 1431, 3415, 3554, 3920
Recall of Public Officials; change certain requirements, SB 639 ...................... 298, 970, 1076, 1179, 1202, 3066, 3265, 3920
Records Management; adoption of programs and retention schedules by courts, SB 7 ...................................... 28, 30
Records, Public; inspection of, change certain provisions, SB 693. .................... 900, 1631, 1707, 1845, 1882, 3205, 3274, 3346, 3413, 3692, 3696, 3867, 3920
Reffner, Mary D.; compensate, HR 546. ..................................................... 2801
Reflective or Opaque Materials; prohibited on windows of motor vehicles, SB 621........................... 242, 367, 445, 572, 630
Regents and Education Boards; transfer equipment to Public Telecommunications Commission, SB 124. ............... No action in 1982
Regents Board; election of members from congressional districts, SR 15 ..................................... No action in 1982
Regents Board; four-year terms for members, SR 21............................................. No action in 1982
Regents Board; joint meetings with State Board of Education, SB 394................................... No action in 1982
Regents Board, University System; commend, HR916................................................. 3301, 3343
Regents Board; urge establishment of Center for Performing Arts at Georgia State University, SR 94 ........................ No action in 1982
Regents Board; urge move of office of Cooperative Extension Service, HR 426. .................................... No action in 1982
Regional Youth Development Center; designate in honor of Grady Lee Dickey, SR 19. ....................... No Senate action in 1982
Register, Town of; incorporate, HB1147 ...................................... 145, 153,303,370,451
Regulatory Reform Committee of Senate; create to review department rules and regulations, SB 733 ................. 1386, 1705, 1835, 2024, 2091
Rehabilitation Services Division, Human Resources; change name from Vocational Rehabilitation, HB 1387 ................... 636, 639, 970, 1078, 1269, 1285, 1383
Religious Holidays; conditions for certain employees taking time off, HB 1378 .......................... 555, 562, 856, 910, 981, 1047
Reorganization Act; Forestry Commission Director serve as administrator for Forest Fire Protection Compact, SB 46 ................ No action in 1982
Reports of Court, Laws and Journals; chief judge of judicial circuit, powers of distribution, SB 368 ......................... No action in 1982
Reports of Supreme and Appeals Court; chief judge in circuit may limit distribution, HB 628 ............................. 29, 36, 2017
Reports of Supreme and Appellate Courts; change provisions relating to printing and sale, HB 1783 ......... 1999, 2013, 2217, 2229, 2531, 2881, 3044
Reports of Supreme and Appellate Courts; change requirements relating to sale by publisher, SB 766. ........................... 1699, 1831, 1925

INDEX

4077

Residency Requirements, Election Code; spouse's residence not required to be same, HB 56.......................... 433, 436, 856, 909, 980, 1031
Residential Care Facilities for the Elderly; exemption from Certificate of need requirements, SB 415 ................. No action in 1982
Residential Finance Authority; composition, provisions on funds, investments and bonds, HB 1259 ...... 357, 362, 1391, 1636, 1722, 1748, 2209
Residential Finance Authority; membership provisions, Secondary Market Corporation created to increase mortgage funds, SB 728 ............... 1385, 1706, 1834, 2024, 2054, 3343, 3512, 3863, 3920
Residential Finance Authority; provisions on single-family housing bonds, SB 550 .................... 97, 302, 368, 464, 518, 2476, 2546, 3920
Residential Finance Authority; remove director of extension service of University of Georgia from membership, SB 740 ........... 1627, 1705, 1835
Restitution to Victims by Criminal Offenders; bonding provisions, SB 461 ............................... 25, 248, 305, 376, 395
Retirement; credit provisions to local systems for General Assembly members, SB 68 ...................... No Senate action in 1982
Retirement Fund, District Attorneys'; definition, SB 178 ............................................ No action in 1982
Retirement Fund, Peace Officers' Annuity; amount paid to beneficiary, HB 1313 .................. 1303, 1306, 1633, 1709, 1937, 1957
Retirement Fund, Peace Officers' Annuity and Benefit; collection of moneys, SB 169. .................................. Noactionin 1982
Retirement Fund, Peace Officers' Annuity; disability benefits, HB 1314 ............................ 1435, 1449, 1633, 1709, 1937, 1973
Retirement Fund, Sheriffs'; investment in common stock, HB 1268. ......................... 556, 561, 1632, 1708, 2127, 2162, 2836
Retirement Fund, Sheriffs'; requirements for prior members seeking reinstatement, SB 551................... 97, 304, 368, 464, 529, 2474, 3920
Retirement Fund, Sheriffs'; secretary-treasurer, compensation, HB 1267 .............................. 556, 560, 1174, 1248, 1319, 1346
Retirement Fund, Superior Court Judges; audits, SB 176 ............................................Noactionin 1982
Retirement Fund, Trial Judges and Solicitors; creditable service, HB 138..................................... No action in 1982
Retirement Fund, Trial Judges and Solicitors; definition, SB 170 ............................................ No action in 1982
Retirement Fund, Trial Judges and Solicitors; transfers of credits, provisions on disability, SB 66 ......................... No action in 1982
Retirement Fund, Trial Judges and Solicitors; withdrawal from membership, HB 1300 ................... 556, 561, 1174, 1249, 1320, 1350
Retirement, Probate Court Judges; benefits for surviving spouses, SB 60. ........................ 971, 1076, 1178, 1180, 3088, 3920
Retirement System; change certain provisions, SB 173 ............................................ No action in 1982
Retirement System, Employees'; Agrirama employees become members, SB 195 ................................... No action in 1982
Retirement System, Employees'; benefits, GBI and Public Safety Department personnel, HB290 .................................. 1311
Retirement System, Employees'; change provisions on mandatory retirement age, HB 76. .................... .28,32,2841,3122,3184,3858
Retirement System, Employees'; contribution rate, optional elections, rights and duties, HB 1315 ......... 1951, 1954, 3093, 3096, 3397, 3416, 3858
Retirement System, Employees'; credit for certain out-of-state services, HB 245 .............................................. 1633

4078

INDEX

Retirement System, Employees'; creditable service for active duty in armed forces, SB 562. ...................................... 99
Retirement System, Employees'; eligibility with 30 years service in National Guard, SB 563. ....................................... 100
Retirement System, Employees'; former North Georgia Mountains Authority employees purchase credit, SB 58 .............. No action in 1982
Retirement System, Employees'; membership rights, local probation system members joining statewide probation system, SB 548 ......... 97, 1245, 1312,
1401, 1405 Retirement System, Employees'; rates of interest for calculations and
actuarial valuations, HB 1316 .... 557, 562, 3093, 3096, 3397, 3572, 3811, 3815 Retirement System, Employees'; redefine annuity,
SB 557 ........................................................ 98 Retirement System, Employees'; redefine Board of Trustees,
SB 545 ........................................................ 96 Retirement System, Employees'; transfer of legislative
service, SB 191. .............................................. 28, 30 Retirement System, Employees'; transfer of service from
other system, SB 187. ................................ No action in 1982 Retirement System, Firemen's; provisions governing
eligibility, SB 537. ............................................... 86 Retirement System, Legislative; definition,
SB 179 ............................................ No action in 1982 Retirement System, Legislative; provisions on return to State
service after receiving benefits, SB 535 ........... 86, 1245, 1312, 1402, 1450 Retirement System, Legislative; provisions relating to prior
service, HB 326..................................... No action in 1982 Retirement System, Probate Judges; acceptance of gifts
or grants, SB 172 .................................... No action in 1982 Retirement System, Public School Employees'; benefits at 62 years of
age with 30 years of service, SB 107 ..................... No action in 1982 Retirement System, Public School Employees'; definition,
SB 168 ............................................ No action in 1982 Retirement System, Railroad; urge congressional budget committee to
reject reorganization, SR359 ................. 1825, 1921, 2018, 2126, 2136 Retirement System, Superior Court Clerks; acceptance of gifts
or grants, SB 174 .................................... No action in 1982 Retirement System, Superior Court Clerks; eligibility and creditable service,
SB560. .... 99, 248, 305, 376, 410, 573, 649, 826, 1174, 1268, 1269, 2475, 3920 Retirement System, Superior Court Judges; change certain provisions,
SB 78 ................ 1245, 1311, 1402, 1419,3811,3829,3844,3845,3920 Retirement System, Superior Court Judges; creditable service,
SB 554 ........................................................ 98 Retirement System, Superior Court Judges; definition,
SB 177 ............................................ No action in 1982 Retirement System, Superior Court Judges; senior judges may elect
spouse benefits, HB 1243 ............... 1625, 1628, 2482, 2483, 2880, 2918 Retirement System, Teachers'; age and service time for benefits,
SB 188 ............................................ No action in 1982 Retirement System, Teachers'; county school teachers be members
after July 1, 1984, SB 536 ......................................... 86 Retirement System, Teachers'; define creditable service,
SB 544 ........................................................ 96 Retirement System, Teachers'; definition,
SB 166 ............................................ No action in 1982

INDEX

4079

Retirement System, Teachers'; determination of certain rates of interest, SB 156 ................................... No action in 1982
Retirement System, Teachers'; determination of certain rates of interest, HB 1340 ..................... 1993, 2002, 2481, 2484, 2881, 3027
Retirement System, Teachers'; prior local service credit, HB291 .......... 2482, 2483, 2881, 3029, 3271, 3343, 3344, 3412, 3743, 3866
Retirement System, Teachers'; procedures for transfer from independent system, SB 555 ................. 98, 1633, 1707, 1845, 1863, 3801, 3811, 3864, 3920
Retirement Systems, Teachers'; Public School Employees'; definitions, membership options, HB 1321........... 2090, 2097, 2482, 2484, 2880, 3013
Retirement System, Teachers'; redefine Annuity, SB 556 ........................................................ 98
Retirement System, Teachers'; remission of employee, employer
contributions, HB 1339. ............. 557, 562, 1311, 1398, 1655, 1723, 1810 Retirement System, Teachers'; service credit, Indian Affairs Bureau
schools, HB 1342. ..................... 2000, 2011, 2481, 2484, 2880, 3020 Retirement System, Teachers'; sick leave provisions,
SB 137 ............................................ No action in 1982 Retirement System, Teachers'; sick leave provisions,
SB 186 ............................................ No action in 1982 Retirement Systems; enact fiscal standards,
SB 180 ............................................ No action in 1982
Retirement Systems, Local; no person may qualify for benefits prior to age 55,SB 565........................................... 100
Retirement Systems, State; certain information included in Budget Report to General Assembly, SB 396 .................... No action in 1982
Revenue; adjustment and equalization of county tax digests, change certain provisions, SB 613 ...................... 240, 905, 972, 1082, 1119
Revenue Code; collection of attorneys' fees under tax executions, SB 224 .................................. No action in 1982
Revenue Code; county equalization boards, designation of alternate members, SB 748 ............................ 1696, 1828, 1923
Revenue Code; define U.S. Internal Revenue Code, exclude certain portions of federal Act, SB 739 .................. 1627, 1703, 1835, 2023, 2047, 2133
Revenue Code; increase penalty provisions for delinquent filing and payment of taxes, SB 230 .......................... No action in 1982
Revenue Code; new chapter on determination of millage rates by political subdivisions, SB 228 .......................... No action in 1982
Revenue; levy for unpaid taxes, notification requirements for tax sales, SB 594 ............................. 151,205,251,309,335
Revenue Officers; authorized to carry weapons, make arrests, SB 460 ........................................................ 25
Revenue Shortfall Reserve; percentage of revenue collections reserved for Midyear Adjustment Reserve, SB 663. ........... .435,904,973, 1082, 1156, 1179,1217,3853,3920
Richmond County Board of Commissioners; change composition and terms, HB 1917....................................... 2418, 2422
Richmond County Board of Elections; change population figures in Act, HB 1230 ................................. 94, 102, 855, 910, 976
Richmond County; chief judge of superior court may appoint jury clerk, HB 1229. ...................... 94, 102, 205, 253, 309, 376, 378
Richmond County Civil Court; costs, fees and deposits of costs, HB 1741 ................................. 1988, 2004, 2838, 2845, 3106
Richmond County; compensation of certain officials, HB 1537 ................................. 2418, 2422, 3090,3097, 3360

4080

INDEX

Richmond County; increase homestead exemption, SR 8 .............................................. No action in 1982
Richmond County Merit System Advisory Commission; create, HR828 ................................. .2761,2772,2839,2850,3112
Richmond County, Sheriff's Employees; merit system of employment, HR 751 ....................... 1910, 1915, 2839, 2849, 3210
Riley, Honorable John; commend, HR 805................................................. 1996,2239
Rincon, Town of; Mayor, Councilperson, filling vacancy, HB 1523 ................................... 634,640,1075,1176, 1257
Roadways; requirements for installation of grates to accommodate bicycles, SB 64 ..................................... No action in 1982
Robbery, Armed; definition, penalty provisions, SB 408 ..................................................... 28, 31
Robinson, Honorable William Lee; commend, SR 422 ...................................................... 3592
Robinson, Jeff and Karl Swenson, Jimmy Byrne, Ralph Lehman; commend as Eagle scouts, SR 276 .......................................... 463
Rock Inn Cafe; congratulate, SR 300 ....................................................... 864
Rockdale County Board of Commissioners; compensation, HB 1834 ................................. 1908,1918,2215,2232,2514
Rockdale County Coroner; auto expense allowance, HB 1833 ................................. 1908, 1918, 2215, 2232, 2514
Rockdale County Magistrate's Court; change amount of fine for single offense, HB 1951 ..................... 2758, 2768, 3092, 3102, 3368
Rockdale County Probate Court Judge; salary, HB 1831 ................................. 1907, 1918, 2215,2232,2513
Rockdale County Public Defender; compensate, HB 1853 ................................. 1992, 2008,2838,2846,3107
Rockdale County Sheriff; compensation, HB 1832 ................................. 1907,1918,2215,2232,2513
Rockdale County Superior Court Clerk; salary, HB 1835 ................................. 1908,1918,2215,2232,2514
Rockdale County Tax Commissioner; salary, HB 1830 ................................. 1907, 1918,2215,2232, 2513
Rockdale Judicial Circuit; create, HB 1359 .......................... 356, 363, 970, 1078, 1179, 1207, 1234, 1269, 1290, 1383
Rockdale Judicial Circuit; create, HB 1617................................................ 1951, 1956
Rogers, Kenny; expressing acknowledgement and recognition to, SR 332 ...................................................... 1651
Rome, City of; extend corporate limits, HB 1922 ................................. 2419,2423,2839,2847,3110
Rome Judicial Circuit; drawing of grand jury, HB 1296 ............................... 298, 301, 970,1077,1179, 1201
Rome Judicial Circuit; number of judges, HB 1719 ............................ 1994, 2003, 2217, 2228,2530,2811
Roosevelt, Franklin D.; relative to hundredth anniversary of birth, HR559. ........................................... 108, 141
Roswell, City of; change corporate limits, HB 1481 ................................. 1159,1168,1631, 1709, 1841
Rules of Senate; amend relating to meeting places of committees, SR 53. .................................. No action in 1982

INDEX

4081

Rules of Senate; Rule 107, authorization to introduce rejected legislation, same subject........................................ 1239
Rules of the Senate; adopt, SR217 ........................................................ 21
Rules of the Senate; amend Rule 99, time for notice of motion to reconsider, SR 362 ................................. 1825, 1832, 1902
Runners, Professional Bondsmen; licensing, HB 1180.................................................. 356, 362
Russell, Coach Erk; commend, SR 380 ...................................................... 3140

s
Safe Dams Act; amend relating to spillways, SB 568 ....................................................... Ill
Safe Dams Act; change provisions and definitions, HB 1270. ......................... 358, 362, 2121, 2220, 2530, 2813, 3351
Safety Devices; required by aerialists in public performances, SB 722 ...................................................... 1305
Sale or Display of Harmful Material to Minors; definitions, prohibitions, penalties, HB 1473 ....................... 2090, 2096, 3357, 3358
Sales, Judicial for Unpaid Taxes; notification requirements, SB 594........................................ 151,205,251,309, 335
Sales of Surplus State Property; change certain requirements, SB 109 ............................................ No action in 1982
Sales Tax; bracket system used for collection, SB 287 ............................................ No action in 1982
Sales Tax; increase penalty provisions for delinquent filing and payment, SB 230 ................................ No action in 1982
Sales Tax; local option one percent for education, if imposed ad valorem tax limited, SR 316 ................................... 1240
Sales Tax; prescription drugs exempt, SR 30 ............................................. No action in 1982
Salkin, Mrs. Dora; compensate, HR 243 ............................................ 2837,2842, 3254
Salvage Motor Vehicle; redefine under Certificate of Title Act, HB 1145 ................................. 72, 74, 88, 105, 120, 160, 164
Sampley, Jessie Alien; commend, SR 414 ...................................................... 3396
Sanitarians, Board of Registered Professional; membership, powers and duties of board, SB 620........................... .242,905,973,1082,1121,3354,3920
Sanitarians, Professional; licensing of certain persons not meeting requirements, HB 1189. ................ 1324, 1326, 1919, 2019, 2240, 2470
Sanitarians, Registered Professional Board of Examiners; voting authority of consumer member, SB 73 ....................................... No Senate action in 1982
Savannah, City of; consolidate functions of mayor and aldermen with Chatham County Commission, SB 576. ........................................... 147, 302,368, 454
Savannah, City of, Education Board; election of members, HB 1319 .............................. 146, 154, 3092, 3096, 3373, 3858

4082

INDEX

Savannah Port Authority; powers and duties, definitions, HB 944 .................................. 2800, 2805, 3092,3095, 3358
Savannah, Port of; increase number of pilots authorized to be licensed, SB 226 ...................... 28, 30, 115, 160, 187, 211, 257, 261
Savannah River; conveyance of easement to Chatham Service Corporation, HR668 ............................. 1163, 1171, 1832, 1928,2127, 2154
Savannah River, Upper; create development authority, HB 1401 ....................... 1324, 1327, 1920, 2019, 2127, 2172, 2208, 2241,2530,2562,3348
Savings Banks; branch banking provisions, SB 650 .............................. 359, 640, 858, 917, 934, 2475, 3920
Schley County Justice of the Peace; dollar amount of civil cases, HR 698 ......................... 1070, 1074, 1172, 1253, 1376
School Boards Association, Georgia; honor, SR 395 ...................................................... 3120
School Boards; delete referendum requirement to reapportion districts, provision in proposed Constitution, HR 510 ................ 929, 941, 1705, 1840, 2240, 2439, 2754, 2772, 2801, 2804, 3066, 3356
School Buses; delete provisions relating to computing certain mileage, SB 63 ................................ No Senate action in 1982
School Buses; motor vehicle inspection requirements retained in Code, SB 465. ............................ 25, 44, 56, 62, 63, 78, 90, 91
School Buses; motor vehicle inspection requirements retained in Code, HB 1156 ...................... 72, 74, 88, 105, 120, 160, 166, 197, 221, 235, 358, 379, 992, 1071
School Finance Study Commission; create, SR271 ................. 300, 970, 1076, 1179, 1198, 3415, 3550, 3863, 3921
School Lunch Program; additional requirements, HB 782 ............................. 1853, 1881, 2014, 2122, 2240, 2442
School Superintendents, County and Independent; duties and qualifications, HB 248......................................... 29, 34
School Superintendents, Education Board Members, Counties; change certification procedures, HB 1641................... 2089, 2096, 2216, 2227, 3123, 3330, 3593, 3603
Schools; development of alternative learning centers to teach moral values, support and encourage, SR 68 ............................................. No action in 1982
Schools, Public; age for beginning school, eligibility of children who move into State, SB 641 ....................................................... 299
Schools, Public; local education boards urged to authorize period for meditation and allegiance to flag, HR602...................................................297,302
Schools, Public; provide for voluntary meditation, SB 704 ...................................................... 1072
Schools, Public; relating to school days, visiting teachers and social workers, SB 221 ............................ No action in 1982
Schools, Suspension and Discipline; committee to study, SR 344 .............................. 1701, 2015, 2122, 2530, 2881, 3042
Screven County, Ad Valorem Tax; certain capital improvements .exempt, HR746 ........................... 1909, 1914,2215,2234,2943
Search and Seizure Procedures, Criminal Cases; disposition of property, SB 572........................................ 112,205,250,308,326

INDEX

4083

Secondary Market Corporation; create to aid mortgage financing, SB 728 ............... 1385, 1706, 1834, 2024, 2054, 3343, 3512, 3863, 3920
Secretary of State; prepare and distribute Administrative Bulletin and Code, SB 112 ................................... 247, 304,376, 388
Securities Commissioner; issue transactional exemption, HB 1693 ............................. 1994, 2002, 2838, 2842, 3121, 3129
Self-Service Storage Facilities; definitions, lien provisions HB 148 ................................. 28, 33, 304, 377,418,821, 826
Seminole County Sheriff; compensation, SB 630.................................. 244, 303, 369, 449, 1165, 3920
Seminole County Superior Court Clerk; compensation, SB 629 .................................. 243, 303, 369, 449, 1164, 3920
Senate Bill Affecting Revenue; introduced after deadline, returned from House, .......................................... 2133
Senate Committee for Regulatory Reform; create to review department rules and regulations, SB 733 .......................... 1386, 1705, 1835, 2024, 2091
Senate, Georgia State; recognize and commend, SR 363. ....................................... 1912, 2841, 3397, 3665
Senate Industry, Labor and Tourism Committee; Senator Jack Stephens act as Chairman, .......................................... 303,2480
Senate Reapportionment; change certain districts, SB 712 ......................... 1166, 1832, 1922, 2023, 2025, 2833, 3346
Senate Reapportionment Committee; commend, SR299 .................................................. 902, 1633
Senate Resolution 3; amend, additional research employees, secretaries' salaries, employees of Secretary of the Senate, SR219 ................................................26, 157,211
Senate Rules; adopt, SR 217. .......................................... 21 Senate Rules; amend relating to meeting places of committees,
SR 53 ............................................. No action in 1982 Senate Rules; amend Rule 99, time for notice of motion to
reconsider, SR362 ................................... 1825, 1832,1902 Senate Rules Committee Report; suspension of Rule 110 to allow
first reading of bill, ............................................ 2815 Senate Rules; Rule 107, authorization to introduce rejected legislation,
same subject ................................................. 1239
Senate Special Judiciary Committee; Senator Bill Littlefield act as Chairman, .............................................. 2017
Sentence, Certain Sex Crimes; judge cannot suspend or probate, SB 574.................................... 113,1706, 1834, 2024, 2079
Sentence, Conviction; reversed or set aside, time limitations on retrial, SB 50. .................................... No action in 1982
Sentence, Criminal Cases; death penalty carried out in county where defendant convicted, SB 566 .................... Ill, 366,444, 572, 612, 634, 650, 866, 916, 933
Sentence, Criminal Cases; life imprisonment without parole, provide, SB 470 .................... 39, 88,104, 120, 121, 2532, 2792, 3920
Sentence, Criminal Cases; life without parole, limitations on Pardons and Paroles Board, SR 222. ....................... 43, 88, 105, 120, 160
Sentence, Criminal Defendants; public work as alternative, HB 1326 ................................................ 2088, 2095
Sentence, Criminal Defendants; punishment for repeat offenders, SB 486 ........................................................ 42

4084

INDEX

Sentence, Criminal Felons; judge may direct two year term be served in county institution, SB 521 ...................... 83, 115, 157, 210,237
Sentence, Death Penalty Cases; provisions for mistrial, SB 587......................................... 149,1706,1834, 1937
Sentence, Death Penalty Cases; provisions for mistrials, HB 1167. ..................... 315, 325, 865, 1632, 1708, 1937, 1961, 2209
Sentence Probated; provisions for alternative incarceration, HB 1348 .............................. 964, 967, 2016, 2123, 3397, 3568
Sentence Review, Criminal Cases; exemptions from provisions, SB 538 ............................ 95, 205, 249, 308, 323, 636, 803, 3920
Sexual Assault; define, provide penalties in Criminal Code, SB 320 ...................................... No Senate action in 1982
Sexual or Nude Conduct; prohibited on premises where alcoholic beverages are sold, SB 656 ........................ 361, 1309, 1395, 1654, 1672, 1692, 1723, 1937, 1942
Shareholders in Corporations; right of dissent, HB455. .......................... 29, 35, 857, 917, 953, 1082, 1141, 1382
Shares of Corporations; voting provisions if held by subsidiary in fiduciary capacity, SB 591...................... 150, 248, 306, 377, 417, 930, 938, 1066
Sheriffs, Charges Against; provisions on investigation, suspension and removal petitions, HB 1345. ......................... 432, 437, 1174, 1249, 1320, 1352, 1823
Sheriffs; deposit cash bonds and cash reserves in interest bearing accounts, HB 1384 ...................... 432, 437, 905, 975, 1402, 1454, 1823,2157
Sheriffs' Deputies; bond provisions, SB 632 .......................... 244, 442, 567, 649, 865, 890, 2475, 3920
Sheriffs; duties relating to licensing of professional bondsmen, HB 1180 ........................................ 356, 362
Sheriff's Fees; change certain fee charges, SB 655 ............................. 360, 855, 908, 980, 1034, 2475, 3920
Sheriffs; minimum salaries, SB 528. ....................... 85, 248, 305, 376, 402, 429, 464, 539, 2533, 2782, 3089, 3920
Sheriffs; receive notice of status of certain hospitalized alcoholics or drug dependent persons, SB 254 ............................................ No action in 1982
Sheriffs' Retirement Fund; investment in common stocks, HB 1268. ......................... 556, 561, 1632, 1708, 2127, 2162, 2836
Sheriffs' Retirement Fund; requirements for prior members seeking reinstatement, SB 551................... 97, 304, 368, 464, 529, 2474, 3920
Sheriffs' Retirement Fund; secretary-treasurer, compensation, HB 1267 .............................. 556, 560, 1174, 1248, 1319, 1346
Sheriffs' Retirement System; change certain provisions, SB 173 ............................................ No action in 1982
SHOE Campaign, Jim Carter and Participants in the; recognize, SR 305 ....................................................... 979
Shoplifting, Campaign to Stop; commend Jim Carter, SR 305 ....................................................... 979
Sikes, Linda A.; compensate, 'HR 331 .................................. 1694, 1703,2837,2842, 3255
Sisters of Mercy; recognize and commend, SR291 ....................................................... 864

INDEX

4085

Skinner, Guy E.; compensate, HR 732 ................................ 2800 Smith, George L., II, World Congress Center Authority; create,
HB 1546 ............. 1999, 2012, 2480, 2481, 2485, 2880, 3003, 3284, 3303, 3344,3482,3650,3866
Smith, Russell Mercer; commend, SR 405. ............................. 3395 Smith, Virlyn B., Honorable; regrets at passing,
SR 369 ...................................................... 2238 Social Services; community work programs for unemployed persons
receiving public assistance, SB 603. ................... 200, 905, 972, 1081, 1098,3066,3125,3920
Social Services; county family and children services departments, destruction of obsolete records, HB 1642. ................ 2058, 2069, 2216, 2227,3122,3292
Social Services; goals to reduce number of children in foster care, HB 1534 ..................... 898, 902, 1919, 2019, 3122, 3178, 3348
Social Workers, School; qualifications and appointment, SB 221 ............................................ No action in 1982
Soil and Water Conservation Districts; method for changing boundaries, SB 731 ............................................ 1386
Soldiers, Confederate; repeal certain Code chapters, SB 310. ........................................... No action in 1982
South Cobb Development Authority; create, SB 688. ............................. .899, 1075, 1175, 1254,2211,3920
Southeast Interstate Low-Level Radioactive Waste Management Compact; enact, HB 1391.................... 357, 363, 857, 910, 980, 1025
Southwestern Judicial Circuit, Sumter County; terms of court, HB 1181 ................................. 198, 203, 303, 371, 451
Sovereign Immunity of State; clarify provisions, SR340 .................... 1700, 1831, 1926,2024,2071,3344,3510,3921
Sovereign Immunity; state contracts, provisions for waiver, HB 1715. ....................... 1998, 2013, 2218, 2228, 2530, 2798, 3350
Spalding County-Griffin Education Board; membership, HR 826 ............................. 2761, 2771, 2839, 2850,3239,3862
Spalding County; sales tax for construction of certain public facilities, requirements on bonds issued, HR 823 .................................. 2421,2425, 2839,2850, 3236
Spalding County Small Claims Court; change jurisdiction, HB 1852 ................................. 1992,2008, 2478,2491, 2866
Spalding County Water and Sewerage Facilities Authority; create, HB 1957. ...................... 2759, 2769, 2839, 2848, 3119, 3350
Speed Limits, Roads and Highways; maximum set adjacent to construction site, SB 667. ........................ 435, 642, 859, 917, 940, 2833, 3920
Sports Injury or Death on Synthetic Turf; immunity from liability, SB 321 ............................................ No action in 1982
Stamp Honoring Martha Berry; urge Congress to support efforts to have issued, SR 341 ...................... 1700, 1921, 2018, 2127, 2171
Standard Test Disclosure Act; regulate use of tests for admission to higher education institutions, SB 451 ............................................ No action in 1982
Standard Valuation Law; provisions in insurance code relating to reserve liabilities of life insurers, SB 464 ............................... 25, 302, 368, 464, 491, 2212, 3920
Standards for Private Schools Study Committee; create, SR 365 ...................................................... 2002

4086

INDEX

State Agencies; legislative overview by Joint Committee for Review of Administrative Rules, SB 657 .................... 361, 856, 908, 981, 1044
State Agencies; procedure to override a rule by resolution of the General Assembly, SB 432 ................... No Senate action in 1982
State Agencies; procedures relating to performance audits and legislative review, SB 518 ......................................... 83
State Agencies; provision on invalidation of certain rule changes, SB495 ................................. 53,155,207, 257, 276
State Agencies; requirements relating to mailing lists, HB 71 ............................................ No action in 1982
State Agencies, Rules and Regulations; Secretary of State prepare and distribute as Administrative Bulletin and Code, SB 112............................................ 247, 304, 376, 388
State Anniversary Celebration (250th Year); invite Prince Charles and Lady Diana of Britain to attend, SR 223 ........................................................ 45
State Boxing Commission; provide, HB 1256. ....................... 2089, 2095, 2480, 2484, 3122, 3287, 3349
State Capitol Building; assignment of offices and space, SB 283 ............................................ No action in 1982
State Capitol Preservation Commission; create, SR 122 ...................................... No Senate action in 1982
State Contracts; provisions for waiver of sovereign immunity, HB 1715........................ 1998, 2013, 2218, 2228, 2530, 2798, 3350
State, County, City Elected Official; office declared vacant upon qualifying for other elective office, SR 14 ............................................. No action in 1982
State Debt and General Obligations; provisions on limitations, HR706. ................... 1910, 1914, 2840, 2849, 3122, 3202
State Debt; prohibited if prior obligations exceed one-half of prior revenues, SR 102. ................................... No action in 1982
State Departments, Boards; change requirements on open meetings, SB 683 ..................... 849, 1173, 1247, 1319, 1329, 3757, 3807, 3920
State Departments Receiving Federal Block Grant Funds; procedure for reports, hearings and legislative review, SB 530 ........................................................ 85
State Employees Contracting Tuberculosis or Hepatitis; compensation provisions, SB 53. ................................... No action in 1982
State Employees; discipline of subordinate for contact with General Assembly member prohibited, SB 510......................................... 61,155,207, 257, 279
State Employees' Health Benefit Plan; relative to allocation of cost, HR562 ......................... 297, 301, 1171, 1252, 1320, 1360
State Employees' Health Insurance; continued coverage after resignation for certain 65 year olds, SB 55. ............................................ No action in 1982
State Employees' Health Insurance Plan; redefine employee, SB 135 ............................................ No action in 1982
State Employees Involved in Reduction in Force; employment provisions, SB 56. ................................... No action in 1982
State Employees, Officials; authorized to work part-time for another agency, certain circumstances, SB 216 ............................................ No action in 1982

INDEX

4087

State Employees; paychecks issued preceding work day if pay period occurs on weekend or holiday, SB493........................................ .52, 155,207,257,275
State Employees; personnel of Offender Rehabilitation Department subject to polygraph examination, certain cases, SB 478.........................................41,156,207,257,274
State Employees; provisions for time off for special religious holidays, HB 1378. ......................... 555, 562, 856, 910, 981, 1047
State Employees; provisions for voluntary payroll deductions to charitable organizations, SB 703. ....................... 1071, 1173, 1248, 1319, 1340,3354,3920
State Employees; relating to veterans preference and retention credits for reductions in force, SB 706 .............................. 1072, 1173, 1248, 1319, 1341
State Employees, Transferred by Department; moving expense reimbursement, SB 59. ............................... No action in 1982
State Examining Boards; qualifications of members, powers and duties of boards, SB 619 .............................. 241, 855,908,981, 1049
State Growth Policy Commission; create,
SB 601 ..................... 200, 440, 566, 649, 865, 881, 3065, 3071, 3920 State Museum of Art of Georgia, University of Georgia; designate,
HR 782 ............................. 2060, 2071, 2837, 2843, 3123, 3341 State of the State Message; Governor address Joint Session,
HR 506.................................................. 23, 27, 45 State Officers and Employees; suppplemental compensation in
conjunction with workers' compensation benefits, SB 57 ............................................. No action in 1982 State Officials; change compensation of judges and district attorneys, SB 475 ................................ 40, 440, 565, 649, 833 State Officials; compensation of Attorney General, change, SB 90 ....................................... No Senate action in 1982 State Parks; discount on camping fees to senior citizens, SB 515.................................... .82, 1831, 1921,2024,2080 State Parks, Historic Sites; encourage acquisition of land to insure future sufficiency, SR 170. ....................... 28, 32, 88, 107 State Patrol; authorized to set up roadblocks to check for persons driving under influence of alcohol, SR239. ........................... .73,367,446,573,648,866,917,936
State Patrol; certain Uniform Division personnel excluded from classified service under Merit System, SB 476 .......................... 40, 156, 206, 257, 271, 1854, 1877, 3920
State Patrol; duties relating to highways in conjunction with other law enforcement agencies, SB 514...................................... .73,905,972, 1082,1114
State Patrol; Uniform Division solely responsible for interstate highways, SB 718 .......................... 1239, 1310, 1396, 1654, 1679
State Records Committee; change provisions relating to court records, SB 7 ....................................................... 28,30
State Records, Inspection of; change certain provisions, SB 693. .................... 900, 1631, 1707, 1845, 1882, 3205, 3274, 3346, 3413, 3692, 3696, 3867, 3920
Stevens, Honorable Clark; commend, SR 353 ...................... 1844, 1997 Stewart County Commissioner; compensation,
HB 1416 ...................................... 355, 364, 565, 643, 862

4088

INDEX

Stewart County Deputy Sheriff; compensation, HB 1793 ................................. 1906, 1916,2215,2230,2510
Stone Mountain Judicial Circuit; change to DeKalb Judicial Circuit, HB 1617 ......................................... 1951, 1956
Stone Mountain Memorial Association; investment of funds, SB 715 ......................... 1238, 1828, 1922, 2024, 2086, 3856, 3920
Stone Mountain Memorial Association; sale of alcoholic beverages, HB 251....................................... 29 34,1919, 2024, 2053
Storage Facilities, Self-Service; define, HB 148 ................................. 28, 33, 304, 377, 418, 821, 826
Street Improvements, Municipalities with Population of 600 or more; reenact repealed Act, SB 717 ................ 1239, 1631, 1707, 1845, 1880, 3853, 3920
Street Rods; special license plates, HB 578 ..................................... 29, 36, 642, 866, 917, 942
Strickland, Honorable Lex; commend, HR 795..................... 1996, 2238 Strickland, Jes; recognize on 4-H Day, SR 263. ........................... 254 Student Finance Authority; college grants to students for study
in osteopathic medicine, SB 710 .............. 1165, 1309, 1396, 1655, 1722, 1769, 3354, 3920
Student Finance Authority; students in long-term health care nursing eligible for loans, SB 75 ........................ No action in 1982
Student Finance Authority; tuition equalization grants for attendance at out-of-state institutions, HB 589. ........................ 1952, 1954, 2216, 2223, 2880, 2912, 3348
Subdivided Land; regulate sale of, HB 1102. ....................... 1435, 1449, 2015, 2122, 2880, 3018, 3861
Subpoenas; increase fees paid to peace officers for court attendance, HB 1358 .................................. 298, 301, 642, 860, 917, 944
Sumter County Commissioners' Compensation; change population figures, HB 1781........................... 1822, 1826, 2214, 2229, 2525
Sumter County Sheriff; change salary, HB 1453 ...................................... 431,438,641,861,914
Sumter County Small Claims Court Judge; term of office, HB 1452 ...................................... 431, 438,641, 861, 914
Sumter County Superior court, Southwestern Judicial Circuit; terms of court, HB 1181 ............................... 198, 203, 303, 371, 451
Sumter County Tax Commissioner; compensation, HB 1454 ...................................... 431, 438,641, 861, 914
Sunset Law; change termination date of Architects Board, HB 1218. ......................... 846, 850, 1631, 1708, 1844, 1846, 2210
Sunset Law; change termination date of Athletic Trainers Board, SB 681 ................. ....848,1172,1247,1319,1328,2091,2100,3346
Sunset Law; change termination date of Board of Accountancy, SB 662 .............................. 434, 640, 859, 916, 927, 2475, 3920
Sunset Law; change termination date of Board of Barbers, SB 502 ............................... 54, 205, 249, 308, 322, 2833, 3920
Sunset Law; change termination date of Board of Engineers and Land Surveyors, HB 1160. ................ 298, 301, 442, 569, 650, 865, 917, 948
Sunset Law; change termination date of Board of Landscape Architects, SB 577.................................... 147, 440, 566, 649, 865, 879
Sunset Law; change termination date of Board of Licensed Practical Nurses, SB 498 ........................ 53, 204, 249, 308, 320, 1070, 3920

INDEX

4089

Sunset Law; change termination date of Board of Medical Examiners, SB 561......................................... 99, 365, 444, 572, 605
Sunset Law; change termination date of Board of Nursing, SB 499 ............................... 53, 205, 249, 308, 321, 2833, 3920
Sunset Law; change termination date of Board of Occupational Therapy, SB 540 ............................... 95, 205, 250, 308, 324, 2212, 3920
Sunset Law; change termination date of Board of Optometry Examiners, SB 583 ......................... 149, 205, 250, 309, 334, 1030, 1157, 3920
Sunset Law; change termination date of Board of Polygraph Examiners, SB 485 ............................... 42, 115, 157, 210, 236, 3855, 3920
Sunset Law; change termination date of Chiropractic Examiners Board, HB 1223 ................. 199, 203, 905, 974, 1082, 1116, 1238, 1464, 1987, 2036, 2203, 2209
Sunset Law; change termination date of Dentistry Board, HB 1251 ................................ 298, 301, 905, 975, 1081, 1089
Sunset Law; change termination date of Foresters Board, HB 1364 ................................. 357, 363, 857, 910,981, 1065
Sunset Law; change termination date of Landscape Architects Board, HB 1373 ............... 929, 941, 1309, 1398, 1654, 1661, 2812, 2964, 3272, 3563, 3864
Sunset Law; change termination date of Librarians Certification Board, HB 1363.................... 848, 850, 1830, 1927, 2126, 2141, 2836
Sunset Law; change termination date of Medical Examiners Board, abolish Orthotists Practice Code Chapter, SB 604 ......................... 201, 365, 445, 572, 628, 2834, 2969, 3920
Sunset Law; change termination date of Pharmacy Board, HB 1261 .................. 1216, 1393, 1636, 1722, 1793, 2755, 3127, 3271, 3334, 3709, 3865
Sunset Law; change termination date of Podiatry Board, SB 592 .............................. 150, 365, 445, 572, 626, 2211, 3920
Sunset Law; change termination date of Real Estate Commission, HB 1207 ............................ 1267, 1276, 1393, 1635, 1722, 1792
Sunset Law; change termination date of Used Car Dealers Board, HB 1389 .............................. 964,967,1246,1313,1402,1450
Sunset Law; change termination date of Veterinary Medicine Board, HB 1518 ................................ 635, 639, 904, 975, 1179, 1213
Sunset Law; procedure by agencies relating to performance audits, SB 518 ........................................................ 83
Sunshine Law; change open meeting provisions for State departments and boards, SB 683 ........... 849, 1173, 1247, 1319, 1329, 3757, 3807, 3920
Sunshine Law; delete constitutional provision allowing exceptions to open meetings by rule in General Assembly, SR 246 ....................................................... 100
Sunshine Law; General Assembly come within provisions, advance notice of meetings required, SB 532 ......................... 85, 441, 566, 649, 835, 954, 955
Sunshine Law; General Assembly come within provisions, change certain requirements, SB 533 ......................... 86, 441, 566, 649, 865, 867
Sunshine Law; General Assembly come within provisions, change provisions relating to attorney-client relationship, SB 534 ................................. 86, 441, 566, 649, 865, 875, 896
Sunshine Law; General Assembly sessions, hearings and committee meetings open to public, SR 234 .................... 61, 157,208,257,284
Superior Court Clerk, Fulton County; storage of records, SB 446 ................................................. 1164,3920

4090

INDEX

Superior Court Clerks; provide for election to office, SB 150 ............................................ No action in 1982
Superior Court Clerks; provisions for compensation, HB 1714. .................. 2089, 2095, 3093, 3098, 3397, 3409, 3627, 3695
Superior Court Clerks Retirement System; acceptance of gifts or grants, SB 174 .................................... No action in 1982
Superior Court Clerks Retirement System; eligibility and creditable service, SB 560 ............ 99, 248, 305, 376, 410, 573, 649, 826, 1174, 1268, 1269, 2475, 3920
Superior Court Clerks; vacancies in office, HB 1631 ............................ 1998, 2012, 2480,2485,2881,3035
Superior Court Judge; appointment of child support receiver, SB 315 ...................................... No Senate action in 1982
Superior Court Judge, Piedmont Judicial Circuit; supplemental compensation, HB 1766 ..................... 1821, 1825, 2121, 2221, 2507
Superior Court Judge, Piedmont Judicial Circuit; supplemental compensation, HB 1798 ..................... 1906, 1917, 2215, 2231, 2512
Superior Court Judges; chief judge may limit distribution of reports, HB 628 ......................................... 29, 36, 2017
Superior Court Judges; chief judge may limit distribution of session laws, HB 629 ........................ 29, 36, 906, 980, 1026, 2209
Superior Court Judges; compensation of secretaries, HB 1293 ............................ 1999, 2011, 2840, 2844,3121, 3141
Superior Court Judges Retirement Fund; audits, SB 176 ............................................ No action in 1982
Superior Court Judges Retirement System; change certain provisions, SB 78 ..................... 1245, 1311, 1402, 1419, 3811, 3829, 3844, 3845, 3920
Superior Court Judges Retirement System; creditable service, SB 554 ........................................................ 98
Superior Court Judges Retirement System; definition, SB 177 ............................................ No action in 1982
Superior Court Judges Retirement System; senior judges may elect spouse benefits, HB 1243 .................... 1625, 1628, 2482, 2483, 2880,2918
Superior Court Judges Retirement System; senior judges, provisions relating to resignation to practice law, SB 542 .................................... 96, 565, 642, 866, 980, 1036
Superior Court, Richmond County Chief Judge; appoint jury clerk, HB 1229 ............................... 94, 102, 205, 253, 309, 376, 378
Superior Courts; additional judge for Atlantic Judicial Circuit, SB 625 ....................... 243, 365, 446, 573, 633, 1650, 1658, 3085
Superior Courts; additional judge for Cobb Judicial Circuit, HB1087 .............................. 110,113,205,252,309,351,898
Superior Courts; additional judge, Gwinnett Judicial Circuit, HB 1172 .................................. 146, 152, 205, 252, 309, 353
Superior Courts; change fees for recording, indexing financial statements, HB 1634 .............. 1725, 1726, 2017, 2018, 2124, 2240, 2452
Superior Courts; change name of Stone Mountain Judicial Circuit to DeKalb Judicial Circuit, create Rockdale Judicial Circuit, HB 1617 ......................................... 1951, 1956
Superior Courts; change punishment for contempt, HB 1328 .............................. 635, 639, 1705,1836,1937,1956

INDEX

4091

Superior Courts; compensation of bailiffs and expense allowance of jurors subject to approval of governing authority, SB 738 ...................................................... 1626
Superior Courts; create Rockdale Judicial Circuit, HB 1359 ..................... 356, 363, 970, 1078, 1179, 1207, 1234, 1269,
1290,1383 Superior Courts; number of judges for Cordele Circuit and Rome Circuit,
HB 1719 ............................ 1994, 2003, 2217, 2228,2530, 2811 Support, Uniform Reciprocal Enforcement Act; provisions include
foreign governments, SB 483 ....................... 42, 115, 157, 210, 234 Supreme Court and Court of Appeals; court reports, change provisions
relating to printing and sale, HB 1783. .............. 1999, 2013, 2217, 2229,
2531,2881,3044 Suretyship and Guaranty, Contracts of; abolish distinction between,
HB 108 ........................................... No action in 1982 Surface Water; monitoring and recording use,
HB 1109 ..................... 109, 366, 447, 573, 648, 812, 899, 939, 1090, 1099, 1384, 1457
Surface Water; permits for withdrawal, HB 1178 ................ 199, 203, 3357 Surnames; designation upon marriage,
HB 1281 ........... 356, 362, 1173, 1249, 1320, 1347, 1378, 1654, 1674, 1911 Surplus State Property; regulation of sales, provisions on monthly
reports, SB 109 ..................................... No action in 1982 Surveillance Devices; use authorized in crimes involving controlled
substances, HB 1175. ............... Ill, 114, 1310, 1397, 1655, 1723, 1804 Suspension and Discipline in Schools Study Committee; create,
SR 344 .............................. 1701,2015,2122, 2530, 2881, 3042 Sutton, Senator Franklin; commend, SR425. ........................... 3810 Swenson, Karl and Jimmy Byrne, Ralph Lehman, Jeff Robinson;
commend as Eagle Scouts, SR 276. ................................. 463 Synthetic Turf; sports injury occurring, liability provisions,
SB 321 ............................................ No action in 1982

T
Task Force on Pension Issues; create, SR 112 ............................................ No action in 1982
Tate, Honorable Horace; commend, HR 809................................................. 1996, 2239
Tax, Ad Valorem and Homestead Exemption; change time to submit returns, HB 1424. ................ 1908, 1913, 2213, 2225, 2530, 2806, 3349
Tax, Ad Valorem and School; prepayment agreements between local governments and developers, HB 1375 ............... 1908, 1913, 2213, 2225, 2530, 2801
Tax, Ad Valorem; homestead exemption increase, SR319 ...................................................... 1306
Tax, Ad Valorem; homestead exemption, provisions for automatic changes based on tax digest, SR 232 ................................. 56
Tax, Ad Valorem; limited if one percent local option sales tax for education imposed, SR 316 ................................... 1240
Tax, Ad Valorem; no increases after owner of homestead attains 65 years of age, SR 56 ................................ No action in 1982
Tax, Ad Valorem on Property in Inventory; exemptions, application information required, HB 1351........... 1952, 1955, 2213, 2225, 2531, 2881, 3061, 3861

4092

INDEX

Tax Assessors; homestead property, limits on increases in assessment, SB 645 ............................................. 300
Tax Collectors; authorized to inspect records on motor vehicle titles, SB 669 ........................ 558, 856, 909, 981, 1048, 2474, 3920
Tax Collectors; minimum salaries, SB 552........................ 97, 247, 305, 376, 406, 430, 464, 545, 2533, 3036, 3284, 3321, 3864, 3920
Tax, Delinquent Property; publication of names of taxpayers, SB 65 ............................................. No action in 1982
Tax Digests, County; change provisions relating to adjustment and equalization, SB 613 ....................... 240, 905, 972, 1082, 1119
Tax Executions; fees charged, HB 1467. ....................... 1822, 1825, 2016, 2123, 2240, 2448, 3347
Tax Executions; notice to owner by sheriff prior to sale of real property, HB 1774 ................. 2089, 2096, 2480, 2485, 3122, 3206
Tax Executions; provisions for attorneys' fees, SB 224 ............................................ No action in 1982
Tax Exemptions; relating to development authorities, SB 247 ...................................... No Senate action in 1982
Tax, Income; change amount of standard deduction, HB 654..................................................... 29,36
Tax, Income; credits for employing handicapped persons, SB 72 ............................................. No action in 1982
Tax, Income; provide for certain tax credits for modification of workplace to employ handicapped, HB 1742. ............. 1995, 2003, 2838, 2842,3123,3301
Tax, Income; provision for individuals to donate portion of tax to U.S. Olympics Committee, SB 732 ................................ 1386
Tax, Income; setoff debt collection on refunds, claimant agency include educational authorities, SB 543 ..................... 96, 302, 368, 464, 516
Tax, Intangible Recording; procedure for certain refunds, SB 675.................................... 637, 1171, 1246, 1319, 1323
Tax on Alcoholic Beverages; proceeds used for treatment in alcohol and drug abuse, SR 13. ............................... No action in 1982
Tax on Insurance Premiums; time for payment and reporting requirements, SB 553 ............................................ 98
Tax on Intangible Personal Property; prohibit levy, SR 11............................................. No action in 1982
Tax, Property; definition of fair market value exclude real estate commissions, SB 614 ................... 240, 1243, 1312, 1402, 1447
Tax, Property; millage rate increase by counties prohibited if previous digest increased, SR 262.................................. 246
Tax, Sales; SEE Sales Tax Tax, Tangible Property; allow one or more classes,
SR 49 ............................................. No action in 1982 Taxation, Millage Rates; requirements and procedure for determination of
by political subdivisions, SB 228. ....................... No action in 1982 Taxation of Property, Ad Valorem; define Fair Market Value
in Revenue Code, SB 8 ............................... No action in 1982 Taxation Powers; authorize to assist in maintenance of political
institutions and parties, SR 148. ........................ No action in 1982 Taxes, Homestead Exemption; provide for changes based on tax digest
and provisions if ownership changes, SR 260......................... 245 Taxes, Homestead; provisions to establish fair market value,
SR 261 ....................................................... 246

INDEX

4093

Taxes; increase penalty provisions for delinquent filing and payment, SB 230 .................................... No action in 1982
Taxes, Municipal, Interest on Executions; change provisions, HB 1449. ....................... 1909, 1913, 2213, 2226, 2531, 2881, 3055
Taxes, Unpaid; judicial sales, notification requirements, SB 594. ....................................... 151,205,251,309, 335
Taxpayers; procedure and authority for designating contribution to political parties, SR283 ........................ 560, 905, 974, 1081, 1099
Taylor County Probate Court Judge; authority to appoint certain personnel, HB 1911 ........................ 2144, 2170, 2479, 2496, 2877
Taylor County; Superior Court, change terms, HB 1360 .............................. 555, 563, 1075, 1176, 1256, 1384
Taylor County Superior Court Clerk; authority to appoint personnel, HB 1912 ........................ 2144, 2170, 2479, 2496, 2878
Taylor, Mrs. Ruth Wessels; funeral arrangements ....................... 1936 Teacher Aides; Education Department utilize in grades
1 - 4, SR 325................................................. 1628 Teachers; duty-free lunch period,
SB 308 ............................................ No action in 1982 Teachers; immunity from liability for information given on drug abuse
by minors, HB 1508. .............. 2057, 2069, 2840, 2844, 3123, 3326, 3861 Teachers in University System Schools; use of university name in articles
or reports prohibited, HB 930. ......................... No action in 1982 Teachers, Principals; definitions, contract provisions,
HB 1436. ....................... 1952, 1955, 2216, 2226, 2880, 2954, 3348 Teachers; provisions for lifetime certification under APEG,
HB 1433................... 1435, 1449, 2216, 2225, 2880, 3010, 3204, 3264 Teachers; requirements relating to certification,
SB 414 ............................................ No action in 1982 Teachers' Retirement System; age and service time for benefits,
SB 188 ............................................ No action in 1982 Teachers' Retirement System; county school teachers be members
after July 1, 1984, SB 536 ......................................... 86 Teachers' Retirement System; define creditable service,
SB 544 ........................................................ 96 Teachers' Retirement System; definition,
SB 166 ............................................ No action in 1982 Teachers' Retirement System; definitions, membership options,
HB 1321 ............................ 2090, 2097, 2482, 2484,2880, 3013 Teachers' Retirement System; determination of certain rates
of interest, SB 156 ................................... No action in 1982 Teachers' Retirement System; determination of certain rates of
interest, HB 1340 ..................... 1993, 2002, 2481, 2484, 2881, 3027 Teachers' Retirement System; prior local service credit,
HB 291 .......... 2482, 2483, 2881, 3029, 3271, 3343, 3344, 3412, 3743, 3866 Teachers' Retirement System; procedures for transfer from independent system,
SB 555 ................. 98, 1633, 1707, 1845, 1863, 3801, 3811, 3864, 3920 Teachers' Retirement System; redefine Annuity,
SB 556 ........................................................ 98
Teachers' Retirement System; remission of employee, employer contributions, HB 1339. ............. 557, 562, 1311, 1398, 1655, 1723, 1810
Teachers' Retirement System; service credit, Indian Affairs Bureau schools, HB 1342. ..................... 2000, 2011, 2481, 2484, 2880, 3020
Teachers' Retirement System; sick leave provisions, SB 137 ............................................ No action in 1982

4094

INDEX

Teachers' Retirement System; sick leave provisions, SB 186 ............................................ No action in 1982
Teachers, Visiting; change provisions relating to public schools, SB 221 ............................................ No action in 1982
Telecommunications Commission, Public; create, SB 124 ............................................ No action in 1982
Telephone, Hearings Conducted by; consent of all parties, HB 1584 ............................ 1161, 1168, 1705,1837,2024,2107
Television, Georgia Public Network; appreciation for program "The Lawmakers", SR 406 ...................................... 3140
Television Station WXIA; congratulate for program "Epidemic" , SR 282 ....................................................... 464
Telfair County Board of Education; change terms of office, SB 775 ......................... 2001, 2214, 2222, 2516, 3402, 3589, 3920
Tenant, and Landlord; dispossessory and distress warrant proceedings, HB 1558. ....................... 2059, 2070, 3093, 3097, 3397, 3585, 3859
Tennille, City of; change corporate limits, HB 1711 ................................. 1380, 1389,1704,1839, 1933
Terrell County Small Claims Court; methods of serving process, HB 1443 ...................................... 431, 438, 641,860,913
Terrell County Tax Commissioner; compensation, HB 1623 ................................. 1069, 1073,1172,1251, 1318
Terry, Jules S., M. D.; regrets at passing, SR 317 ...................................................... 1268
Tests Used for Admission to Institutions of Higher Education;
regulate, SB 451 .................................... No action in 1982 The Rock Inn Cafe; congratulate,
SR 300 ....................................................... 864 Theft, Crimes of; change penalty provisions,
HB 73 ................................... 1394, 1635,1723,1805,3857 Thomaston Joint Board of Tax Assessors; change term,
HB 1885 ................................. 2041, 2065,2478,2494,2873 Thomaston-Upson County Industrial Development Authority; types and kinds of
projects may undertake, HR705 .............. 1237, 1243, 1392, 1641, 1816 Thornton, WilliamTaylor "Bill"; commend,
SR 419 ...................................................... 3839 Thunderbolt, Town of; change corporate limits,
HB 943 ....................................... 120, 140, 204, 252, 306 Tift County-Tifton; charter commission to study consolidation of
government, HR 540 ........................... 145, 154, 441, 570, 1058 Timber Sale Proceeds from Military Installations; to local government
and schools, HB 1474 ............. 1909, 1913, 2015, 2124, 2241, 2530, 2559 Torts, Defenses Against; immunity from liability for assistance
in dangerous incidents involving compressed gases, SB 83 ............................. 366, 464, 465, 1650, 1728, 2209, 3920 Torts; liability of parents or guardian for malicious acts of child, HB 1450. .................... 929, 941, 1632, 1709, 2126, 2130, 2836 Torts, Limitation of Actions; relating to fire departments, HB1191. .................... 146, 152, 1310, 1398, 1655, 1722, 1800,3860 Torts; owners and keepers of animals, liability for injuries caused, SB 318................................ No Senate action in 1982 Torts; sports injury on synthetic turf, immunity from liability, SB 321 ............................................ No action in 1982 Torts; teachers, immunity from liability for information given on drug abuse by minors, HB 1508. .............. 2057, 2069, 2840, 2844, 3123, 3326, 3861

INDEX

4095

Towing of Motor Vehicles; provisions, SB 627...................................... 243, 642, 858, 1402, 1451
Towns County; conditions for imposing 1% sales tax for education, SR 321.............................. 1306, 1391, 1635, 1812, 3857, 3921
Towns County; sales and use tax, SR227 ................................ 55,87, 105, 141, 2921, 3008, 3921
Tractors, Farm Equipment; regulate manufacturers, distributors and dealers, SB 468 ............................ 39, 114, 157, 210, 222, 637, 937, 3920
Trade and Commerce; protect against unfair practices and monopolization, SB 462 ....................................... 25
Trade, Partnership Names; registration, HB 98 ............... No action in 1982 Traffic Accidents; motor vehicle operator required to report to insurer,
SB 281 ............................................ No action in 1982 Traffic Offenses; courts of jurisdiction, change
certain procedures and provisions, SB 570 ................... 112, 857, 907 Traffic Offenses; penalties for violation, minimum
time to be served, HB 580. ................... 3094, 3095, 3396, 3402, 3858 Traffic Violations; payment of cash bonds in certain cases, change
provisions, HB 717 ................... 29, 37, 2017, 2219, 3397, 3666, 3859 Trailers Operating on Highways; limitations in Transportation Code,
SB 439 ............................................ No action in 1982 Transportation Board, State; election of Frank Morast, Jr.
and William M. (Bill) Evans ...................................... 195 Transportation Code; maximum weight of vehicles on city streets,
SB 294 ............................................ No action in 1982 Transportation Code; policies for expenditures for property acquisition for primary
and urban roads, SB 113 .............................. No action in 1982 Transportation Code; trailers, limitations regulations on twin trailers,
SB 439 ............................................ No action in 1982 Transportation Code; weight limits for vehicle on public street, revenue division
provisions with municipalities, HB 906 .................. No action in 1982
Transportation Department Employees; powers of enforcement and arrest, SB 668. ............................ 436, 642, 859, 1081, 1083
Transportation Department; permits for and regulation of trimming vegetation near highways and outdoor advertising, SB 513 ............. 73, 89, 105, 120, 133
Transportation of Elderly and Handicapped; authority of education boards to use school buses continued, SB 758 ..... 1698, 1829, 1924, 2024, 2060, 3853, 3920
Transportation Plan for Elderly, Handicapped; Human Resources Department develop and submit to General Assembly, SB 399 .......... No action in 1982
Transportation, Public; define motor carrier relating to elderly and handicapped, HB 1385. ............. 1649, 1650, 1832, 1927, 2240, 2458
Trapper Safety Course Study Committee; create, SR313................................... 1166,1632,1707,1844, 1848
Trappers and Fur Dealers; provisions relating to unlawful traps, SB 378 ............................................ No action in 1982
Trappers; provide for raccoon fur sellers' licenses, HB 380 ............... 29, 35 Trappers; provisions for landowners taking and holding raccoons, HB 379. . . 29, 34 Traps, Body-Gripping; use of certain types prohibited except near water,
HB 1381. ....................... 1694, 1701, 2121, 2220, 2531, 2881, 3052 Traps for Capturing Animals; use unlawful
near dwelling, SB 512. ........................... 73, 857, 907, 980, 1035 Traveler's Convenience Act; provide, SB 194. ................ No action in 1982 Trial, Demand for by Accused; written notice to prosecuting attorney,
SB 121 ...................................... No Senate action in 1982

4096

INDEX

Trial Judges and Solicitors Retirement Fund; creditable service, HB 138 ........................................... No action in 1982
Trial Judges and Solicitors Retirement Fund; definition, SB 170 . . No action in 1982 Trial Judges and Solicitors Retirement Fund; transfer of credits,
provisions on disability, SB 66 ......................... No action in 1982 Trial Judges and Solicitors Retirement Fund; withdrawing
from membership, HB 1300 ............... 556, 561, 1174, 1249, 1320, 1350 Trial Judges; urged to give more severe penalties to persons convicted of serious
crimes, reconfirm HR 161 from 1975, HR 589. 557, 564, 1632, 1711, 2240, 2427 Trial, New; procedure and form for motions, civil and criminal cases,
SB 607.................................... .201,970,1076,1179, 1190 Trial; provisions relating to absence of defendant,
SB 6 .............................................. No action in 1982 Trion Independent School District, Chattooga County; proceeds of local sales tax,
reduction in ad valorem tax, HR822 ...... 2421, 2425, 2839, 2850, 3232, 3862 Tri-Rivers Waterway System; urge Congress to continue,
HR674 ............................... 848, 854, 1244, 1314, 1402, 1456 Troup County Board of Elections; provide, HB 1824 ................ 1990, 2007 Troup County Coroner; change salary, HB 1818 ..... 1990, 2006, 2214, 2231, 2526 Troup County Officials; change salary, HB 1816 ..... 1989, 2006, 2214, 2231, 2526 Troup County Small Claims Court; salary of judge,
HB1817 ................................. 1989, 2006,2214,2231,2526 Troup County State Court Judge and Solicitor; compensation,
HB1819 ................................. 1990, 2006,2214,2231,2527 Trulock, Senator Paul H.; statement regarding absence from morning roll call... 38 Tuberculosis, State Employees Contracting; compensation, SB 53 No action in 1982 Tucker, Robert; compensate, HR 106 .......................... 103, 116, 190 Tuition Equalization Grants, Universities; change certain definitions,
SB 117 ............................................ No action in 1982 Turner, Honorable Loyce; commend, HR 804 ..................... 1996, 2238 Twiggs County Board of Commissioners; election of members,
HB1610 ................................... 963, 968, 2121, 2220, 2502 Twiggs County Board of Commissioners of Roads and Revenues; compensation,
HB 1843 ................................. 1991, 2007, 3091,3099,3363 Twiggs County Board of Education; election of members,
HB1609 ................................... 963, 968, 2121, 2220, 2502 Twiggs County Probate Court Judge; compensation,
HB1845 ................................. 1991, 2007,3091,3100,3364 Twiggs County Sheriff; compensation, HB 1842 ..... 1990, 2007, 3090, 3099, 3363 Twiggs County Superior Court Clerk; compensation,
HB 1841 ................................. 1990, 2007,3090,3099,3363 Twiggs County Tax Commissioner; compensation,
HB 1844 ................................. 1991, 2007, 3091,3100, 3364 Twin City, City of; fines for city ordinance violation,
HB 1796 ................................. 2038, 2061,2214,2230,2526 Tybee, City of; remove certain territory from limits,
HB 1767 ................................. 1821, 1825,2214,2228,2524

INDEX

4097

u

Uganda Parliament Members; Senator Bond introduced,. .................1111 Unclaimed Property; relating to Revenue Commissioner
taking custody, SB 680 ............... 638, 905, 973, 1081, 1085, 3854, 3920 Unemployment Compensation; change certain provisions in
Employment Security Law, HB 1231 ........... 199, 203, 442, 569, 650, 866, 980,981, 1383
Unemployment Compensation; defined as earnings under Child Support Recovery Act, HB 1407 . .... 1163,1167,2016,2123,3122,3181,3861
Uniform Reciprocal Enforcement of Support Act; provisions include foreign governments, SB 483 ....................... 42, 115, 157, 210, 234
Union City, City of; new charter, HB 1836 ................................. 1992, 2010,3090,3099,3362
Union City; homestead exemption, 65 year olds, HR 672 .................................. 1995,2010, 3091,3104, 3442
Union County Probate Court Judge; compensation, HB 1577 .............................. 897, 903, 1075, 1176, 1263, 1382
Union County; sales and use tax for educational purposes, SR227. ............................. .55, 87, 105,141,2921,3008,3921
Union County Sheriff; compensation, HB 1578 .............................. 897, 903, 1075, 1176, 1264, 1382
Union County Superior Court Clerk; annual salary, HB 1576 .............................. 896, 903, 1075, 1176, 1260, 1382
Union County Tax Commissioner; annual salary, HB 1575 .............................. 896, 903, 1075, 1176, 1258, 1382
Universities, Colleges; regulate use of tests for admission, SB 451 ............................................ No action in 1982
Universities, Out-of-State; Postsecondary Education Authorization Act apply, certain cases, HB 358 ................................. 29, 34
Universities; tuition equalization grants, change definitions, SB 117 ............................................ No action in 1982
University of Georgia Museum of Art; designate as State Museum, SR 331................................... 1699,1830,1926,2024, 2105
University System, Board of Regents; commend, HR916................................................. 3301, 3343
University System; four-year terms for members of Board of Regents, SR21. ................................... No action in 1982
University System Teachers, Employees; use of university name in articles or reports prohibited, HB 930 ........................................... No action in 1982
Upper Savannah River Development Authority; create, HB 1401 ............ 1324, 1327, 1920, 2019, 2127, 2172, 2208, 2241, 2530, 2562, 3348
Upson County Board of Commissioners; expense reimbursement, HB 1909 ................................. 2143, 2170, 2479,2495,2877
Upson County-Thomaston Industrial Development Authority; types of projects undertaken, HR 705 .................................. 1237,1243,1392,1641,1816
Used Car Dealers Board of Registration; change termination date, HB 1389 .......................... 964, 967, 1246, 1313, 1402, 1450
Used Motor Vehicle Parts Dealers; liability insurance requirements, SB 643 ........................ 299, 442, 568, 649, 865, 892

4098

INDEX

Utilities, Electric Converting to Coal-Fired Operation; procedure to recover cost of conversion, HB1400 ............................... .556,562,906,975, 1082, 1112
Utilities, Public; fees paid to Public Service Commission, HB 1509 .............................. 846, 851, 1174,1250,1320,1358
Utility Finance Section of Public Service Commission; director, qualifications, HB 1630 ......... 1909, 1914, 2217, 2227, 2280, 2883
Utility Proceedings, Public Service Commission; cross-examination of witnesses, SB 418 ........................... 28, 31

Vacancies in Certain Judgeships; filled by special election if one year or more remains in term, SR273............................... 300,1310, 1397, 1655, 1845, 1850
Valdosta, City of; redefine corporate limits, HB 1669 ................................. 1160, 1170,1392,1639,1717
Valdosta Development Authority, Central; powers and duties, HB 1222 ....................................... 94, 102, 204, 252, 307
Venue; repeal provision relating to suits against railroad and electric companies, SB 184. ........................ No action in 1982
Verdicts, Criminal Cases; provide for guilty but mentally ill verdict, SB 571 ............................. 112, 365, 444, 572, 649, 827
Veterans, Disabled; homestead exemption, SR 103 ............................................ No action in 1982
Veterans Exposed to Harmful Chemicals, Agent Orange; screening, studies and treatment, HB 1200 ............................ 199, 203, 855, 909, 981, 1045, 1163
Veterans in Nursing Homes; Department may collect fees for services rendered, SB 16.............................. No action in 1982
Veterans of Foreign Wars; urge issuance of prestige license plates, SR 338 ............................. 1700, 1829, 1926, 3397, 3639
Veterans' Preference Points; repeal provisions relating to state examining boards and examinations, SB 619...................................... .241,855,908,981, 1049
Veterans Preference, State Employees; change provisions relating to agency layoffs, SB 706................................... 1072,1173,1248, 1319, 1341
Veterans Who Have Been Prisoners of War; free license plates, SB 62. ............................. No action in 1982
Veterinary Medicine Board; change termination date, licensing provisions, HB 1518 ............... 635, 639, 904, 975, 1179, 1213
Veto of Constitutional Amendment by Governor; authorized, certain circumstances, SR 48 .......................... No action in 1982
Vetoes by Governor; 1981 session. ..................................... 13 Vinson, U.S.S.; celebrate commissioning of ship in honor
of Carl Vinson, SR 368. ......................................... 2238 Violator, Habitual; redefine,
HB 1554 ............................... 847, 851, 972, 1078, 1269, 1287 Violent and Disorderly Acts; prevention efforts by alcoholic
beverage dealers, SB 28 .............................. No action in 1982 Violent Crime, Causes of, Criminal Justice Coordinating Council;
research, SR 318. .......................... 1306, 1706, 1836,2240,2456

INDEX

4099

Vital Records; new Code Chapter, HB 780 ............................. 1725, 1726, 1919, 2018, 2127, 2160
Voacational Education; authority of county boards to sell or acquire property, SB 679 ................................. 638
Vocational Rehabilitation, Human Resources; change name to Rehabilitation Services Division, HB 1387. .......................... 636, 639, 970, 1078, 1269, 1285, 1383
Voter Registration; felons, mental incompetents prohibited, SR 25 ............................................. No action in 1982
Voter Registration Places; those deemed permanent, temporary, HB 1410 ..................... 875, 887, 1173, 1249, 1320, 1354
Voting, Residency Requirements, Election Code; spouse's residence not required to be same, HB 56 ................................... 433, 436, 856, 909, 980, 1031

w
Wage, Minimum; increase for certain employees, HB 146................................................. 28,33, 442
Wagner, Reverend Anthony Avery; congratulate, SR 373 ...................................................... 2529
Walker County Commissioner; compensation, HB 1893 ................................. 2041, 2066, 2478, 2494, 2874
Walker County Small Claims Court; create, HB 1812 ................................. 1989, 2005, 2477,2490, 2863
Walker County Superior Court Clerk; compensation of personnel, HB 1809 ........................ 1989, 2005, 2477, 2489, 2862
Walker, Dade, Catoosa Counties Hospital Authority; filling vacancies on board, HB 1805 ................................. 1988, 2004, 2477, 2489, 2861
Walton County Board of Commissioners; collect business license fees, HR 787 ........................ 2044, 2068, 2479, 2497, 2949
Walton County Small Claims Court; fees to Walton County Law Library, HB 1856 ................................. 1992, 2009, 2214,2233, 2527
Walton, Dawn M.; compensate, HR 729............................... 2800 Ware County Board of Tax Assessors; election of members,
HB 233 ........................................... No action in 1982 Ware County; conveyance of certain state owned property,
HR624 ............................. 1304, 1308, 1832, 1927,2127,2156 Ware County Hospital Authority, Conveyance of park
property to; Waycross, City of, HB 1902 ................................. 2043, 2068, 2479, 2495, 2876 Ware County Manager; create office, HR 563 ....................................... 2144, 2170, 3104, 3437 Warm Springs; convey certain state-owned property, SR 120 ............................................ 2835,2885, 3920 Warner Robins High School Demons Football Team; recognize, SR 265 .............................................. 254 Warren County Board of Commissioners; meetings and compensation, HB 1794 ................................. 1906, 1916, 2215,2230,2511 Warren County Superior Court Deputy Clerk; compensation, HB 1963 ..................... 2759, 2770, 3091, 3103, 3370

4100

INDEX

Warren County Tax Collector's Assistants and Clerks; compensation, HB 1878 ..................... 2040, 2064, 2478, 2493, 2871
Washington County Board of Commissioners; compensate, HB 1713 ................................. 1380, 1389, 1704,1839,1933
Washington County Judge and Solicitor; compensation, HB 1712 ................................. 1380, 1389, 1704, 1839, 1933
Waste Management Compact, Southeast Interstate Low-Level Radioactive; enact, HB 1391. ................. 357, 363, 857, 910, 980, 1025
Water, Ground; monitor and record use, HB1110. ......................... 109,366,447,573,648,814,899,939, 1091, 1099, 1384, 1460
Water Quality Control Act; monitor and record use of
surface water, HB 1109 .............. 109, 366, 447, 573, 648, 812, 899, 939, 1090, 1099, 1384, 1457
Water Resources; rights of users with permits to withdraw, HB 1178 ............................................. 199,203, 3357
Watercraft; boat safety zones near dams and swimming areas, HB 1601 ............................ 1434, 1449, 1920,2019,2127,2164
Waycross, City of; conveyance of park property to Ware County Hospital Authority, HB 1902 ................................. 2043, 2068, 2479, 2495, 2876
Waycross, City of; Public Facilities Authority, create, HB 1503 ............................. 844, 852, 1829, 1927, 2022
Wayne County Board of Commissioners; change provisions on election, HB 1887 ....................... 2044, 2066, 3092, 3100, 3365
Wayne County Board of Commissioners; election of members, SB 726 .............................. 1385,1704,1834,1928, 2762, 3920
"We Believe in Marriage Day"; relative to, SR 279 ....................................................... 464
Weapons, Carrying Concealed; exemption for probation supervisors and municipal safety directors, HB 1153. .......................... 165, 188, 366, 447, 573, 649, 816, 898
Weapons; certain revenue officers authorized to carry, SB 460 ........................................................ 25
Weapons, Explosive Devices; teaching use of for unlawful purposes prohibited, SB 410 ........................... No action in 1982
Weapons, Motor Vehicle Used in Crime; disposition provisions, SB 434 ............................................ No action in 1982
Webster County Commissioner; change expense provisions, HB 1417 ...................................... 355, 364, 565, 643, 862
Webster County Tax Commissioner; annual salary, HB 1418 ...................................... 355, 364, 565, 643,863
Wessels, Honorable Charles Henry; commend, SR 418 ...................................................... 3396
Wessels, Senator Charles; excused due to death of sister ....................................................... 2075
Wessels, Senator Charles; funeral for sister, Mrs. Ruth Wessels Taylor....................................... 1936
West Georgia College Football Team; commend,SR 254 .............................................. 187
WGST Radio Station; commend, SR 371............................... 2238 Wheeler County Board of Education; election and
terms of members, HB 1569. .................. .845,853,1172, 1251, 1316 Wheeler County Sheriff; compensation of certain employees,
HB 1567 ................................... 845, 853, 1172, 1251, 1316

INDEX

4101

Wheeler County Superior Court Clerk; compensation of certain employees, HB 1566 ................................... 845,853, 1172,1250, 1315
Wheeler County Tax Commissioner; compensation, HB 1568 ................................... 845,853, 1172,1251,1316
Wheeler County Tax Commissioner; compensation of certain employees, HB 1565. ......................... 845, 853, 1172, 1250, 1315
Whitfield County Board of Elections; change population requirements, HB 1800 ................................. 1907, 1917, 2477,2489, 2861
Whitfield County Coroner; compensation, SB 770 .............................. 1824, 2014, 2122, 2234, 3355, 3920
Whitfield County, Homestead Exemption; increase to $10,000, HR 625. .......................... 1823,1827,2215,2234,2929
Whitfield County; limit increases in ad valorem taxes levied, HR 626. ............. 2420, 2424, 3091, 3104, 3439, 3593, 3639, 3673, 3717, 3867
Whitfield County; merit system for employees, HR671 .................................. 1070, 1074, 1172,1252, 1374
Whitfield County Probate Court Clerk and Judge; compensation, SB 769. ................. 1824, 2014, 2121, 2234, 3355, 3920
Whitfield County Superior Court Judge; sit as judge of juvenile court, HB 1455 .......................... 431, 439, 641, 861, 915
Wilcox County Sheriff; compensation, HB 1477 ...................................... 554, 563,855,910, 977
Wildlife Management Areas, State Parks; encourage acquisition of land to insure future sufficiency, SR 170 ............................... 28, 32, 88, 107
Wilkes County; tax commissioner retain fees from ad valorem taxes on autos, mobile homes, HB 961 ........................................... No action in 1982
Wilkes, William E. "Bubber"; commend, SR 303. ....................... .916 Wilkinson County Small Claims Court; appointment of
judge, SB 658 ......................................434,641,858,911 Williams, Doctor Sid E.; commend,
HR 942................................................. 3627, 3839 Williamson, Honorable George; commend,
SR 352 ................................................. 1844, 1997 Wills, Living; new Code Chapter, provisions and
requirements, SB 638 .................... 245, 255, 1833, 1921, 2024, 2055 Windows on Motor Vehicles; obstruction of vision
unlawful, HB 1583. ....................................... 1953, 1956 Wineries Selling at Retail on Premises; change certain
requirements, SB 750 ....................... 1696, 1828, 1923, 2023, 2051 Wineries, Small Domestic Selling on Premises;
license fees and taxes, production amounts allowed, HB 1437 .................. 1952, 1955, 2479, 2484, 3121, 3130, 3271, 3332,
3345,3411,3643,3865 Winery Laws, Farm; Committee to study,
HR 715 ............................. 1304, 1308, 1920, 2020, 2127, 2199 Witness Competency; husband, wife may testify to
adultery of other, HB 1838 .............. 2058, 2070, 2840, 2846, 3122, 3282 Women's Rights; not exempt from military or police duty,
HB 1206. ......................... 821, 841, 1311, 1398, 1723, 2127, 2155

4102

INDEX

Workers' Compensation Benefits; supplemental compensation for State officers and employees, SB 57 ............................................. No action in 1982
Workers' Compensation; change certain provisions, HB 325................................................. 2217, 2223
Workers' Compensation; change provisions on self-insurance funds, HB 1034 ..................................... No action in 1982
Workers' Compensation; corporate officers may be exempt from coverage, SB 575 ....................................113
Workers' Compensation; define third-party tortfeasor under employee rights of action,
SB484..................................... ..42,856,906, 1178,1185 Workers' Compensation; group self-insurance funds,
involuntary termination, SB 605................................... 201 Workers' Compensation; income benefits for total disability,
define occupational disease and byssinosis, HB 1464 ............. 2000, 2011, 2217, 2226, 2530, 2773, 3204, 3206, 3345,
3411,3721,3866 Workers' Compensation; involuntary termination of members
with group self-insurance funds, SB640...................................... 299,856,908, 1268, 1277 Workers' Compensation Law; corporate officers may be exempt, HB 1301 .................................. 199, 204,304,371, 464,538 Workers' Compensation; records of injuries and reports required, SB 745 ............................................ 1695,1830, 1923 Workers' Compensation; redefine employee and employer, SB676.................................... 637,1393,1634,1844, 1845 Workers' Compensation Reform Study Committee; create, SR 388 ............................. 2832, 3094, 3095, 3397, 3607 World Congress Center Authority; recreate, powers and duties, HB 1546. ............. 1999, 2012, 2480, 2481, 2485, 2880, 3003,
3284, 3303, 3344, 3482, 3650, 3866 World Federation Principle; repeal resolution approving,
HR 519 ................................. 433,439, 906,976,1179,1199 Worsham, Ms. Sandra; commend, SR 269 .............................. 315 Worth County Board of Commissioners; provide districts
for election, HB 1718 ....................... 1624, 1629, 1704, 1839, 1934 Worth County Sheriff's Salary; change population provisions,
HB 1904 ................................. 2043, 2068, 2479, 2495, 2876 Wrecker Services; exempt from business license fee,
certain cases, SB 250 .......................................... 28, 30 Wright, Honorable George C.; commend, SR 237. ......................... 62 Wynn, Honorable John; regrets at passing, SR 420....................... 3839

Y
Youth Assembly Officers; Senator Greene introduced................................................... 1087
Youth Assembly Officials; commend, SR 314........................... 1178 Youth Development Center, Chatham County;
named in honor of Judges Dickey and Heery, HR545. .................... .636,640, 1171,2840,2849,3123,3334,3862

INDEX

4103

Youth Services Program Director; delegate authority to designee relating to custody of unruly children, SB 761................................... 1698,1830,1925, 2024, 2076
Youthful Offenders; punishment for misdemeanors and felonies, SB 473 ............................................. 40

Zoning for Handicapped; General Assembly provide, SR 55...................................... No action in 1982