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 2120 JOURNAL OF THE SENATE 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. MONDAY, MARCH 15, 1982 2121 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. 2122 JOURNAL OF THE SENATE 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. MONDAY, MARCH 15, 1982 2123 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. 2124 JOURNAL OF THE SENATE 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. MONDAY, MARCH 15, 1982 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 2126 JOURNAL OF THE SENATE 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 2128 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 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. 2130 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bell Bond Bowen 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. MONDAY, MARCH 15, 1982 2131 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. 2132 JOURNAL OF THE SENATE 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. MONDAY, MARCH 15, 1982 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;". 2134 JOURNAL OF THE SENATE 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. 2136 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. MONDAY, MARCH 15, 1982 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. 2138 JOURNAL OF THE SENATE 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." MONDAY, MARCH 15, 1982 2139 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. 2140 JOURNAL OF THE SENATE 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 MONDAY, MARCH 15, 1982 2141 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 2142 JOURNAL OF THE SENATE 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 MONDAY, MARCH 15, 1982 2143 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. 2144 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. 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. MONDAY, MARCH 15, 1982 2145 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.' " 2146 JOURNAL OF THE SENATE 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.' MONDAY, MARCH 15, 1982 2147 (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- 2148 JOURNAL OF THE SENATE 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. MONDAY, MARCH 15, 1982 2149 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. 2150 JOURNAL OF THE SENATE 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 MONDAY, MARCH 15, 1982 2151 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 2152 JOURNAL OF THE SENATE 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. MONDAY, MARCH 15, 1982 2153 On the 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. 2154 JOURNAL OF THE SENATE On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Ballard 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. MONDAY, MARCH 15, 1982 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. 2156 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. 2158 JOURNAL OF THE SENATE 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 MONDAY, MARCH 15, 1982 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 2160 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 MONDAY, MARCH 15, 1982 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. 2162 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, MONDAY, MARCH 15, 1982 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 2164 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. MONDAY, MARCH 15, 1982 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. 2166 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 2168 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. 2170 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 2173 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 2174 JOURNAL OF THE SENATE 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, MONDAY, MARCH 15, 1982 2175 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; 2176 JOURNAL OF THE SENATE (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 MONDAY, MARCH 15, 1982 2177 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 2178 JOURNAL OF THE SENATE 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. MONDAY, MARCH 15, 1982 2179 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 2180 JOURNAL OF THE SENATE 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. MONDAY, MARCH 15, 1982 2181 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 2182 JOURNAL OF THE SENATE 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 MONDAY, MARCH 15, 1982 2183 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- 2184 JOURNAL OF THE SENATE 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- MONDAY, MARCH 15, 1982 2185 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; 2186 JOURNAL OF THE SENATE 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 MONDAY, MARCH 15, 1982 2187 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 2188 JOURNAL OF THE SENATE 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 MONDAY, MARCH 15, 1982 2189 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. 2190 JOURNAL OF THE SENATE 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 MONDAY, MARCH 15, 1982 2191 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 2192 JOURNAL OF THE SENATE 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. MONDAY, MARCH 15, 1982 2193 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 2194 JOURNAL OF THE SENATE 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. MONDAY, MARCH 15, 1982 2195 (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. 2196 JOURNAL OF THE SENATE (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 MONDAY, MARCH 15, 1982 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 2197 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 2198 Lester Littlefield McGill McKenzie Reynolds Robinson JOURNAL OF THE SENATE 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 2200 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.' " MONDAY, MARCH 15, 1982 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 2202 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 2204 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 2206 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. 2210 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. 2212 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. 2214 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. 2220 JOURNAL 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. 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. 2236 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. 2238 JOURNAL OF THE SENATE 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. 2240 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 2244 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 2246 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 2248 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 2250 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 2252 JOURNAL OF THE SENATE Budget Unit Object Classes: Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .........................$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Rents and Maintenance Expense. ..........$ 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 2380 JOURNAL OF THE SENATE 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 2382 JOURNAL OF THE SENATE 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 JOURNAL OF THE SENATE 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 JOURNAL OF THE SENATE Budget Unit Object Classes: Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital 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 2388 JOURNAL OF THE SENATE 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 JOURNAL OF THE SENATE 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. 2392 JOURNAL OF THE SENATE 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. 2394 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 16, 1982 2395 (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 2396 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 16, 1982 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 2398 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 16, 1982 2399 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." 2400 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 TUESDAY, MARCH 16, 1982 2401 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; 2402 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 16, 1982 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 2404 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 16, 1982 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 2406 JOURNAL OF THE SENATE 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.'' TUESDAY, MARCH 16, 1982 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 2426 JOURNAL OF THE SENATE 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 2428 JOURNAL OF THE SENATE 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. 2430 JOURNAL OF THE SENATE (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; 2432 JOURNAL OF THE SENATE (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 2434 JOURNAL OF THE SENATE 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. 2436 JOURNAL OF THE SENATE (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 2438 JOURNAL OF THE SENATE 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. 2440 JOURNAL OF THE SENATE 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 2458 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 2460 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. TUESDAY, MARCH 16, 1982 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 2462 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 16, 1982 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 2464 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 2466 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. 2468 JOURNAL OF THE SENATE 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. 2470 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. 2472 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. 2476 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. 2478 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 2500 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. 2504 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. 2510 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. 2512 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. 2514 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. 2516 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. MONDAY, MARCH 22, 1982 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. 2522 JOURNAL OF THE SENATE 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. 2524 JOURNAL 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. The report 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. 2526 JOURNAL OF THE SENATE 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 2528 JOURNAL OF THE SENATE 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. 2532 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. 2534 JOURNAL OF THE SENATE 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". 2536 JOURNAL OF THE SENATE 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 MONDAY, MARCH 22, 1982 2537 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.' '' 2538 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 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. 2540 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 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 2542 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 MONDAY, MARCH 22, 1982 2543 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 2544 JOURNAL OF THE SENATE 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 MONDAY, MARCH 22, 1982 2545 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. 2546 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 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 2548 JOURNAL OF THE SENATE (5) If appropriate, standards established for various federal pro grams with respect to housing determining eligibility based on income of such persons and families. (p) 'Eligible housing unit' shall mean real and personal property located in the State constituting single or multifamily dwelling units suitable for occupancy by low and moderate income families and such community facilities as may be incidental or appurtenant thereto. (q) 'Mortgage lenders' shall mean national banking associations, banks chartered under the laws of the State, savings and building and loan associations chartered under the laws of the State or of the United States of America, the Federal National Mortgage Association, and federal or state credit unions. The term shall also include mort gage bankers and other financial institutions or governmental agen cies which are authorized to deal in mortgages insured or guaranteed by the Federal Government and other entities authorized to extend loans to single-family or multifamily housing under the laws of the State. (r) 'Mortgage loans' shall mean notes and other evidences of in debtedness secured by mortgages. (s) 'Mortgaged property' shall mean all properties, real, personal, and mixed, and all interests therein, including grants or subsidies with respect thereto, mortgaged, pledged or otherwise provided in any manner as security for mortgage loans or loans to mortgage lenders. (t) 'Mortgages' shall mean security deeds, mortgages, deeds of trust and other instruments granting security interests in real and per sonal properties constituting eligible housing units. (u) 'Community facilities' shall mean the land, buildings, im provements and equipment for such recreational, community, educa tional, and commercial facilities as the Authority determines improve the quality of an eligible housing unit." Section 2. Said Act is further amended by adding between Sections 8A and 9 thereof a new Section 8B to read as follows: "Section 8B. (a) It is hereby found and declared that from time to time there has existed and at the present time there exists an inade quate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of the State with low and moderate income; that the in ability to finance such single and multifamily dwelling units results in an inability of builders to construct such housing, causing unemploy ment or underemployment in the housing construction and related businesses and causing a lack of safe and sanitary housing to be available to persons of low and moderate income; that such unemployment or underemployment in the housing construction and related businesses and an inadequate supply of safe and sanitary housing for persons of low and moderate income wastes human resources, increases the public assistance burden of the State, impairs MONDAY, MARCH 22, 1982 2549 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 2550 JOURNAL OF THE SENATE (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." MONDAY, MARCH 22, 1982 2551 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. 2552 JOURNAL OF THE SENATE (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. MONDAY, MARCH 22, 1982 2553 (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. 2554 JOURNAL OF THE SENATE (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. MONDAY, MARCH 22, 1982 2555 (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 2556 JOURNAL OF THE SENATE (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 MONDAY, MARCH 22, 1982 2557 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. 2558 JOURNAL OF THE SENATE (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. MONDAY, MARCH 22, 1982 2559 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. 2560 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal 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". MONDAY, MARCH 22, 1982 2561 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. 2562 JOURNAL OF THE SENATE 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 MONDAY, MARCH 22, 1982 2563 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. 2564 JOURNAL OF THE SENATE (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. MONDAY, MARCH 22, 1982 2565 (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- 2566 JOURNAL OF THE SENATE 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; MONDAY, MARCH 22, 1982 2567 (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 2568 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 2569 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- 2570 JOURNAL OF THE SENATE 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 MONDAY, MARCH 22, 1982 2571 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. 2572 JOURNAL OF THE SENATE 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 MONDAY, MARCH 22, 1982 2573 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. 2574 JOURNAL OF THE SENATE (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. MONDAY, MARCH 22, 1982 2575 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. 2576 JOURNAL OF THE SENATE (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; MONDAY, MARCH 22, 1982 2577 (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; 2578 JOURNAL OF THE SENATE (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. MONDAY, MARCH 22, 1982 2579 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- 2580 JOURNAL OF THE SENATE 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- MONDAY, MARCH 22, 1982 2581 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 2582 JOURNAL OF THE SENATE 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 MONDAY, MARCH 22, 1982 2583 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. 2584 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 2585 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. 2586 JOURNAL OF THE SENATE 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 MONDAY, MARCH 22, 1982 2587 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. 2588 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 2589 (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- 2590 JOURNAL OF THE SENATE 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; 2592 JOURNAL OF THE SENATE (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 2594 JOURNAL OF THE SENATE (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; 2596 JOURNAL OF THE SENATE (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. 2598 JOURNAL OF THE SENATE 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 2600 JOURNAL OF THE SENATE 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 2602 JOURNAL OF THE SENATE For the cost of operating the State Court of Ap peals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Total Positions Budgeted Section 6. Administrative Office of the Courts. Budget Unit: Administrative Office of the Courts .............................$ Administrative Office of the Courts ........$ 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 2604 JOURNAL OF THE SENATE 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 2606 JOURNAL OF THE SENATE 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 2749 2750 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 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. 2752 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 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 2754 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 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. 2756 JOURNAL OF THE SENATE 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. 2758 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 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. 2760 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 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. 2762 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 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. 2764 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: 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. MONDAY, MARCH 22, 1982 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 2766 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 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. 2768 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 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. 2770 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 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. 2772 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 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. 2774 JOURNAL OF THE SENATE 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. MONDAY, MARCH 22, 1982 2775 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 2776 JOURNAL OF THE SENATE 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 2777 (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. 2778 JOURNAL OF THE SENATE (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; MONDAY, MARCH 22, 1982 2779 (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." 2780 JOURNAL OF THE SENATE 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; MONDAY, MARCH 22, 1982 2781 (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 2782 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.", 2784 JOURNAL OF THE SENATE 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 MONDAY, MARCH 22, 1982 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." 2786 JOURNAL OF THE SENATE 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. 2788 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". 2790 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. 2792 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. 2794 JOURNAL OF THE SENATE (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; 2796 JOURNAL OF THE SENATE (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. MONDAY, MARCH 22, 1982 2797 (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 2798 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. 2802 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 2816 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. 2818 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." 2820 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.", 2824 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 2826 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." 2828 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 2830 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 2852 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 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. 2854 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 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. 2856 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 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; 2858 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 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. 2860 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 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. TUESDAY, MARCH 23, 1982 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. 2862 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 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. 2864 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 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". TUESDAY, MARCH 23, 1982 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. 2866 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 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. TUESDAY, MARCH 23, 1982 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. 2868 JOURNAL OF THE SENATE 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.' " 2890 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. 2896 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. 2900 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.", 2902 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 2904 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.'' 2906 JOURNAL OF THE SENATE 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." 2908 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 2909 (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 2910 JOURNAL OF THE SENATE 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." TUESDAY, MARCH 23, 1982 2911 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 2912 JOURNAL OF THE SENATE 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 2914 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 23, 1982 2915 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." 2916 JOURNAL OF THE SENATE 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." TUESDAY, MARCH 23, 1982 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. 2918 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 2919 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?" TUESDAY, MARCH 23, 1982 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. TUESDAY, MARCH 23, 1982 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. 2926 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 TUESDAY, MARCH 23, 1982 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?" 2928 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. TUESDAY, MARCH 23, 1982 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. 2934 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 2938 JOURNAL OF THE SENATE 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. 2940 JOURNAL OF THE SENATE 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. 2942 JOURNAL OF THE SENATE 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. 2944 JOURNAL OF THE SENATE 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. 2946 JOURNAL OF THE SENATE 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. 2948 JOURNAL OF THE SENATE 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 2950 JOURNAL OF THE SENATE 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 2952 JOURNAL OF THE SENATE 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. 2954 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 TUESDAY, MARCH 23, 1982 2955 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. 2956 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 23, 1982 2957 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 2958 JOURNAL OF THE SENATE 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." TUESDAY, MARCH 23, 1982 2959 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 2960 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 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 2962 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 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. 2964 JOURNAL OF THE SENATE 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.' " TUESDAY, MARCH 23, 1982 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. 2966 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: 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 TUESDAY, MARCH 23, 1982 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 2968 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 23, 1982 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- 2970 JOURNAL OF THE SENATE 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." TUESDAY, MARCH 23, 1982 2971 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 2972 JOURNAL OF THE SENATE 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." TUESDAY, MARCH 23, 1982 2973 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 2974 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 2975 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. 2976 JOURNAL OF THE SENATE (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. TUESDAY, MARCH 23, 1982 2977 (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. 2978 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 23, 1982 2979 (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. 2980 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 2981 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 2982 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 2983 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. 2984 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 23, 1982 2985 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. 2986 JOURNAL OF THE SENATE 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; TUESDAY, MARCH 23, 1982 2987 (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 2988 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 2989 (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. 2990 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 2991 (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. 2992 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 23, 1982 2993 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; 2994 JOURNAL OF THE SENATE (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. TUESDAY, MARCH 23, 1982 2995 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, 2996 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 23, 1982 2997 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. 2998 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 2999 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- 3000 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 23, 1982 3001 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. 3002 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 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. 3004 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 3005 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 3006 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 23, 1982 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 3008 JOURNAL OF THE SENATE 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, TUESDAY, MARCH 23, 1982 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. 3010 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 23, 1982 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. 3012 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 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. 3014 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 23, 1982 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 3016 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. 3018 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 3020 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. 3026 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 3030 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.'' 3032 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 3036 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. TUESDAY, MARCH 23, 1982 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- 3038 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 23, 1982 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. 3040 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 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. 3042 JOURNAL OF THE SENATE SR 364. By Senators Tysinger of the 41st, Ballard of the 45th, Stephens of the 36th and others: A resolution urging the use of the Georgia Railroad Freight Depot as a state museum. 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. TUESDAY, MARCH 23, 1982 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. 3044 JOURNAL OF THE SENATE 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. 3046 JOURNAL OF THE SENATE 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 3048 JOURNAL OF THE SENATE 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.' " 3050 JOURNAL OF THE SENATE 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 3052 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 23, 1982 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 3054 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 23, 1982 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 3056 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 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 3058 JOURNAL OF THE SENATE 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: 3059 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", 3060 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 23, 1982 3061 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 3062 JOURNAL OF THE SENATE 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 3064 JOURNAL OF THE SENATE 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. 3066 JOURNAL OF THE SENATE 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 3068 JOURNAL OF THE SENATE 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." 3070 JOURNAL OF THE SENATE 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. 3072 JOURNAL OF THE SENATE 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." TUESDAY, MARCH 23, 1982 3073 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 3074 JOURNAL OF THE SENATE 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." 3076 JOURNAL OF THE SENATE 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. 3078 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 23, 1982 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." 3080 JOURNAL OF THE SENATE 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; 3082 JOURNAL OF THE SENATE (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. TUESDAY, MARCH 23, 1982 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. 3084 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 23, 1982 3085 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 3086 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 24, 1982 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. 3088 JOURNAL OF THE SENATE 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. 3090 JOURNAL OF THE SENATE 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. 3128 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. 3130 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